20091087 Ver 1_More Info Received_20100305

FW: Adams Creek Marina, Core Creek Land Co. DWQ # 091087 Page 1 of 1
FW: Adams Creek Marina, Core Creek Land Co. DWQ # 091087
Steenhuis, Joanne
Sent: Tuesday, March 30, 2010 4:13 PM
To: Strickland, Bev
Attachments: Restrictive Covenant. 02- 10.doc (29 KB)
From: Dave Gambardella [mailto:[e-mail]]
Sent: Friday, March 05, 2010 1:30 PM
To: Steenhuis, Joanne
Cc: 'Ronald Cullipher'; Timpy, David L SAW; Govoni, Daniel
Subject: Adams Creek Marina, Core Creek Land Co.
Hey Joanne,
Attached are the draft USACE deed restrictions we are going to record for the Adams creek marina project. With
this and Shellfish's approval are we good on the 401 cert?
Thanks
Dave Gambardella
Stroud Engineering PA
151A Hwy 24 Morehead City NC 28557
[phone]
[phone] fax
[phone] cell
[e-mail]
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVR... 3/31/2010
PREPARED BY: M. DOUGLAS GOINES, BESWICK & GOINES, PLLC, 911 ARENDELL ST., MOREHEAD CITY, NC 28557
RETURN TO: M. DOUGLAS GOINES, BESWICK & GOINES, PLLC, 911 ARENDELL ST., MOREHEAD CITY, NC 28557
STATE OF NORTH CAROLINA
CARTERET COUNTY
RESTRICTIVE COVENANT
This restrictive covenant made this day of , 2010 is
imposed by Richard and Joyce Collette (hereinafter "COLLETTE").
WHEREAS, COLLETTE is the owner of the property described and delineated on a plat
recorded in Map Book at Page of the Carteret County Registry; and
WHEREAS, in order to obtain necessary permits, COLLETTE has agreed to restrict the
use of that property as described herein.
NOW, THEREFORE, in consideration of the approval of the grant of permits by the
United States of America, Army Corps of Engineers, Wilmington District, COLLETTE does
hereby impose the following restrictive covenant.
The areas shown on the plat recorded in Map Book at Page of the
Carteret County Registry on the day of , 2010 designated
as conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area.
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
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This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, Army Corps of Engineers, Wilmington District, Action ID, and
therefore may be enforced by the United States of America. This covenant is
to run with the land, and shall be binding on the owner, and all parties claiming
under it.
This restrictive covenant may not be amended or modified without the express
written consent of the United States of America, Army Corps of Engineers,
Wilmington District.
We set our hands and seals on the date first above written.
RICHARD COLLETTE
JOYCE COLLETTE
STATE OF NORTH CAROLINA
CARTERET COUNTY
(SEAL)
(SEAL)
1, a Notary Public for said County and State, do hereby certify that Richard Collette and
Joyce Collette personally appeared before me this day and signed the foregoing restrictive
covenant.
WITNESS my hand and notarial seal, this the day of , 2010.
Notary Public
Printed Name of Notary
My Commission Expires:
E:\Real Estate\Client Folders\Collette,Richard and Joyce\Restrictive Covenant.02-10.doc
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