20070332 Ver 1_General Correspondence_20070525

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PARKER & ASSOCIATES, INC.raping HorizohS
Consulting Engineers -Land Surveyors -Land Planners
306 New Bridge Street + P.O. Box 976 :::::_ ........::::.:::::::'::::.::::::::
Jacksonville, NC 28541-0976 •'~~~~~~''''`''^~'`~~~~'~''•'~~~'~~~~~•~ '~'~~''
[phone] + Fax: [phone]
LETTER OF TRANSMITTAL
MAY 1 4 ~.~0,
DATE: October 18, 200 BY:
To: Mr. Brad Shaver Ms. Joanne Steenhuis REF: Brookstone Pointe & Lands End Brookstone
US Army C of E NCDENR- Exp Per Action ID 2007 195 067
PO Box 1890 127 Cardinal Dr Ext DWQ Project # 20070322
Wilmington NC 28402 Wilmington NC 28405 RecnrrlPtl ('.nns rvatinn (covenants
WE ARE SENDING YOU:
One (1) copy of the Recorded Conservation Covenants.
DELIVERY VIA:
® Regular Mail ^ Hand
^ UPS Overnight ^ UPS Ground
THESE ARE TRANSMITTED AS CHECKED BELOW:
^ For Approval
® For Your Use
^ Other
^ As Requested
^ For Bids Due
^ For Review and Comment
Comments:
M.J.; linker, P.E
xc: Ms.Debbie Crayton (w%paperwork)
CF (P), LAM
MJIUgv
c2. NUK.ShaverSteenhuis.BPandLE.5.8.07
^ Federal Express
^ Other
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(rl~enclosures are not as noted, kindry not us at once)
EMAIL ADDRESS: XT MESSAGES TO: paitext(a,bizec.rr.com APS A PLANS TO: paidraft(a~bizec.rr.com
• ENVIRONMENTAL ENGINEERING + STORMWATER, WATER AND WASTEWATER SYSTEMS
+ FEASIBILITY AND DEVELOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS t SUBDNISION AND CONSTRUCTION PLANS

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Prepared by: FRANK W. ERWIl~1, ATTORNEY
Erwin, Simpson & Stroud, Attorneys, P.L.L.C.
Indez in the Grantor Indez:
BROOKSTONE POINTE
DEBBY CRAYTON, INC., Declarant
BROOKSTONE POINTE Architectural Control Committee
LANDS END AT BROOKSTONE
LANDS END AT BROOKSTONE Architectural Control Committee
NORTH CAROLINA
ONSLOW COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, .CONDITIONS, and
RESTRICTIONS ("Conservation Declaration") ,made the ~_ day of ~, 20Q7, b DEBBY
CRAYTON, INC., a North Carolina corporation; hereinafter called "Declarant." --'r ~~a'~
BACKGROUND STATEMENT
The Declarant is the owner of the real property described in Paragraph 1 of this Declaration
and is desirous of subj ecting said real property to the protective covenants hereinafter set forth, each
and all of which is and are for the benefit of such property and for .each owner thereof, and shall
inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof,
and shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, Declarant hereby declares that the real property in and referred to in
Paragraph 1 hereof is and shall be held, transferred, sold and conveyed subject to the protective
covenants set forth below:
ERWIN, SIlVIPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540

1. DESCRIPTION OF REAL PROPERTY:
The real property which is, and shall be 1-~eld, transfe~~ed, sold ar~d conveyed sub;ect to the
protective covenants set forth in the articles of this Declaration is located in the County of Onslow,
State of North Carolina, and is more particularly described as follows:
BEING all of that property as set out and as shown on that
"WETLANDS CONSERVATION MAP for PROPOSED
BROOKSTONE POINTE & LANDS END AT BROOKSTONE"
recorded in Map Book 53, Page 18, Onslow County Registry.
2. WETLANDS AND CONSERVATION SPECIAL PROVISIONS:
A. Compliance with Wetlands Regulations: It shall be the responsibility of each
owner, prior to alteration of any lot, to determine if any portion of the Lot shall have been determined
to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration
of this wetland shall conform to the requirements of state wetland rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this deed restriction is to
prevent additional wetland fill, so the property Owner should not assume that a future application
for fill will be approved. The property Owner shall report the name of the subdivision, in any
application pertaining to wetland rules.. This covenant is intended to insure the continued
compliance with wetland rules adopted by the State of North Carolina, therefore benefits may be
enforced by the State of North Carolina. This covenant is to run with the land and shall be binding
on all parties and all persons claiming under them.
B. Conservation Areas: The areas shown on that plat recorded in Map Book
53, Page 18, 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:
(1) fill, grade, excavate or perform any other land disturbing activities
(2) cut, mow, burn, remove, or harm any vegetation
(3) construct or place any roads, trails, walkways, buildings,
mobile homes, signs, utility poles or towers, or any other
permanent or temporary structures
(4) drain or otherwise disrupt or alter the hydrology or drainage
ways of the conservation area
(5) dump or store soil, trash, or other waste
(6) graze or water animals, or use for any agricultural or horticultural purpose
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, U.S. Army Corps of Engineers,
Wilmington District, AID#SRW-2007-195-067 and therefore may be enforced by the United States
ERWIN, SIlVIPSON & STROUD Attorneys, P.L.L.C. -Telephone: X910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
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of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it.
5. GE1~TE12AL PI20'VISIONS:
Section 1. Term: These covenants are to run with the land and shall be binding on all parties
and all persons claiming under them for a period of twenty (20) years from the date these covenants
are recorded, after which time such covenants shall be automatically extended for successive periods
often (10) years.
Section 2. Enforcement: In the event of a violation or breach of any of these restrictions,
covenants, agreements and conditions by any person or concern claiming by, through or under the
undersigned, or by virtue of any judicial proceedings, the Declarant, its successors and assigns and
the owners of the number lots in the subdivision, or any of them, jointly or severally, shall behave
the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the
violation or breach of any of them. Costs and reasonable attorney fees shall be recoverable by the
person or party seeking to compel compliance with these restrictive covenants as part of any
judgment or order issued. The failure to enforce any right, reservation, restriction or condition con-
tainedherein, however long continued, shall not be deemed a waiver of the right to do so thereafter
as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or
affect its enforcement.
Section 2.1. Remedies Extended to the State of North Carolina: To ensure that this
subdivision is maintained consistent with the laws of the State of North Carolina, the State of North
Carolina is specifically empowered to take such acts necessary by and through its officers to enforce
any of these covenants against an Owner. The State of North Caroluia is specifically made a
beneficiary of these covenants.
Section 3. Modification of Restrictive Covenants: Except as to specific rights. retained by
Declarant, these restrictions are subject to being altered, modified, canceled or changed at any time
as to said subdivision as a whole or as to any subdivided lot or part thereof during the first twenty
(20) year period by written document executed by the Declarant or their successors in title and by
the owner of not less than ninety percent (90%) or more of the subdivided lots, the Declarant may
alter or amend these covenants without consent of anyone. After the expiration of the initial twenty
(20) year period, these restrictions are subj ect to being altered, modified, canceled or changed at any
time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document
executed by not less than seventy-five percent (75%) of the Lot Owners, and recorded in the office
of the Register of Deeds of the County in which this Declaration is recorded.
Section 4 Special Provision Relating,to Amendment: No amendment shall be valid to
affect the provisions of this Declaration (Wetlands and Conservation Special Provisions} without
the execution and recording of an amendment upon the authorization and approval of the United
ERWIN, SIIVVIPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 'Gum Branch Road, Suite 115, Jacksonville, NC 28540

States of America, U.S. Army Corps of Engineers, Wilmington District, ox successor regulatory
agency or authority.
Section 5. Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
DEBBY CRAYTON, INC.
BY ? (SEAL)
DEBB CRAYT N, P SIDENT
Onslow County
North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in
the capacity indicated: DEBBY CRAYTON, President
ate: ~ ,~~~~~~nne~Q~,,~.
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(O i ial Signature of Notary)- ' O' '
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Notary Public .N : ; ti ~~:
(Notary's printed or typed name- ~ •••• ~ ~.•
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(Official Seal) , f
My commission expires: ~~~ `~ " ~~
R:~RESCOV\CONSERV RC PREF 020107
K:~DCI~RC~BROOKSTONE POINTE LandsEnd CONSERVRC 020107.wpd(021907)041707
RM 165
ERWIN, SIlVIPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
4