20071804 Ver 3_More Info Received_20100215

,
pplied eooluree Management, FCo
February 15, 2010
NCDENR, Division Of Water Quality
Wilmington Regional Office
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Fill Impact PCN Deed Notification
Graystone HOA Articles Of Incorporation
Hampstead, Pender County, North Carolina
Dear Ms. Steenhuis,
Enclosed is a copy of the Graystone Home Owners Association Articles of Incorporation.
This is where the document we discussed on the telephone was recorded with the Pender
County Register of Deeds. If there is any additional information you need or there are
modification that need to be completed, please contact me at 910-270-2919 or
[e-mail].
Sincerely,
Ellen F. Corvette, R.S.
Wetlands Specialist/Project Geologist
Enclosures
cc: J.W. Fussell, w/enclosures
°G. Sox 852
Hampotead. NG 2844-3
') J.%?0291.9
°:X 270.2988
C200734000239 SOSID: 1015735
Date Filed: 12/6/2007 4:35:00 PM
Elaine F. Marshall
North Carolina Secretary of State
0200734000239
ARTICLES OF INCORPORATION
OF
GRAYSTONE BOA, INC.
A NON-PROFIT CORPORATION

Pursuant to Section 55A-2-02 of the General Statutes of North
Carolina, the undersigned does hereby submit these Articles of
Incorporation for the purpose of forming a nonprofit corporation.
1. NAME. The name of the corporation is
GRAYSTONE HOA, INC. (hereinafter referred to as the Corporation or
the Association).
2. DURATION. The period of duration of the corporation shall
be perpetual.
3. REGISTERED OFFICE AND AGENT. The principal and initial
registered office of the Corporation is located at
q 222 Oakmont Drive, Pender County,
Hampstead, North Carolina 28443
a County of Pender
and the name of the initial registered agent of the Corporation at
such address is
Wende Chaucer.
4. CORPORATE PURPOSES. This Corporation does not contemplate
pecuniary gain or profit to the Members thereof, and the specific
purposes for which it is formed are to provide for the
maintenance, management, preservation and architectural control of
that certain residential community known as GRAYSTONE shown and
described on the plat(s) thereof recorded or to be recorded in the
Office of the Register of Deeds of Pender County, North Carolina,
and any additions thereto which may be brought within the
jurisdiction of the Corporation; and to promote the health, safety
and welfare of the Lot Owners, and for these purposes the
C200734000239
reasonable fines or suspend privileges or services provided by the
Association (except rights of access to Lots) for reasonable
periods for violations of the Declaration, Bylaws, and Rules and
Regulations of the Association;
(N) Impose reasonable charges in connection with the
preparation and recordation of documents, including, without
limitation, amendments to the Declaration or statements of unpaid
Assessments;
(O) Provide for the indemnification of and maintain liability
insurance for its Officers, Directors, Employees, and Agents;
(P) Assign its right to future income, including the right to
receive Assessments;
(Q) Exercise all other powers that may be exercised in this
State by legal entities of the same type as the Association; and
(R) Exercise any other powers necessary and proper for the
governance and operation of the Association.
5. MEMBERSHIP. Every Person who is a record Owner of a fee
or undivided fee interest in any Lot, including contract sellers,
shall be a member of the Corporation. The foregoing is not
intended to include Persons who hold an interest merely as.
security for the performance of an obligation. Membership shall
be appurtenant to and may not be separated from ownership of a
Lot.
6. VOTING RIGHTS. The Corporation shall have two classes of
voting memberships:
Class A. Class A Members shall be all Owners,
with the exception of the Declarant, and shall be
entitled to one vote for each Lot owned. When more
than one person holds an interest in any Lot, all
such persons shall be Members. The vote for such Lot
shall be exercised as they determine, but in no event
shall more than one vote be cast with respect to any
Lot. Fractional voting with respect to any Lot is
prohibited.
Class B. The Declarant shall be a Class B
Member and shall be entitled to three (3) votes for
each Lot owned. The Class B Membership shall cease
and be converted to Class A Membership on the happening
of any of the following events, whichever occurs earlier:
(a) when the total vote outstanding in the Class
A Membership equals the total vote outstanding in the
Class B Membership; or
(b) ten (10) years from the date of conveyance
C200734000239
of the first Lot by Declarant; or
(c) upon the voluntary surrender of all Class B
Membership by the holder thereof.
7. INITIAL BOARD OF DIRECTORS. There shall be one (1)
Director on the initial Board of Directors whose name and address
is as follows and who shall serve until such Director's
successor(s) are selected and qualified:
Name Address
Wende Chaucer 222 Oakmont Drive
Hampstead, North Carolina 28443
8. INCORPORATOR. The incorporator shall perform the
ministerial function of signing and submitting the articles of
incorporation to the Office of the Secretary of State. The
incorporator shall have no other power or duty regarding the
corporation. The name and address of the incorporator is:
W. James Brandon
P. O. Box 40
Hampstead, North Carolina 28443
9. DISSOLUTION OF THE ASSOCIATION. In the event of
dissolution of the Association, the residual assets of the
Association will be dedicated to a public body or conveyed to one
or more organizations with purposes similar to those of the
Association which are exempt as organizations described in Section
501(c)(3) of the Internal Revenue Code of 1986.
10. AMENDMENT. These Articles of Incorporation may be
amended only upon the vote of not less than sixty-seven percent
(67%) of the members of each class.
11. HUD/VA APPROVAL. If HUD or VA has approved the making,
insuring or guaranteeing of loans within the residential
Community, then annexation of Additional Property, mergers and
consolidations, mortgaging of Common Elements, dissolution of the
Association and amendment of these Articles or the Corporation's
Bylaws requires the prior approval of HUD/VA so long as there is a
Class B Member.
[Remainder of this Page intentionally left blank]
i i-
C200734000239
In Witness Whereof, for the purpose of forming this
Corporation under the laws of the State of North Carolina, I, the
undersigned, being the incorporator of this Corporation, have
executed these Articles of Incorporation,
this the 12th day of November, 2007.
W. James Brandon
Incorporator
EXHIBIT B BK 3 3 0 9 PG 018
COMPLIANCE WITH WETLAND AND BUFFER REGULATIONS.
The following provisions pertaining to compliance with wetlands and buffer
regulations shall be applicable to all lots in GRAYSTONE SUBDIVISION which
contain any wetlands:
In accordance with Tide 15A of the North Carolina Administrative Code,
Subchapter 211.0500, the following DEED NOTIFICATION is applicable to any lot
in Graystone Subdivision, the same being all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,
13,14,15,16,17,18,19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35
as shown on plans entitled "REVISION OF MAP FOR RECORD, GRAYSTONE,
PHASE I" prepared by Stroud Engineering, P.A., dated November 20, 2007,
recorded November 20, 2007, in Map Book 46 at Page 40 of the Pender County
Registry:
A portion of this lot may have been determined to meet the requirements for
designation as a wetland, stream or protected stream buffer. Any subsequent fill or
alteration of this area shall conform to the requirements of the state rules adopted
by the State of North Carolina in force at the time of the proposed alteration. The
intent of this provision is to prevent additional wetland, stream or buffer filling or
draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of
the subdivision in any application pertaining to said rules. This covenant is
intended to ensure continued compliance with all rules adopted by the State of
North Carolina, and therefore the State of North Carolina may enforce benefits.
This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them, if applicable.
J,
rk L J
OK 3389PG079
SCHEDULE A
Lying and being in Topsail Township, Pander County, North Carolina
and more particularly described as follows:
Being all that property shown on map of GRAYSTONE PHASE 1 recorded
in Map Book _46_ at Page _40_ of the Pender County Registry,
reference to which said map is hereby made for a more particular
description.
And Also,
At Declarant's sole and absolute discretion, additional adjacent
properties (adjacent being defined as inclusive of properties
across a right of way or body of water) and common area,
o consisting of not more than ONE HUNDRED FIFTY (150) acres, located
outside of the area described on map of GRAYSTM PHASE 1 recorded
G in Map Book 46_ at Page _40_ of the Pender County Registry may be
annexed to the properties and brought within the scheme of the
4 Restrictions and the Bylaws and the jurisdiction of the
x Association in future stages of development without the consent of
m the Association or its members; provided, however, that said
annexations, if any, must occur within twenty (20) years after the
S date of this instrument.
a
f
w
z
s
i
0
0
i
a
m
3