SW8890508_Current Permit_19921130

DR ro- Zj::�R,6
2eaen0
-..RECORDED & VERIFfn
STATE OF NORTH CAROLINA REBECCA T.CHRISTIAN
BOOK PAGE REGISTER OF DEEDS
COUNTY OF NEW HANOVER ��}{ yy NEW HANOVER CO. NO,
DECLARATION OF }RSAICTION1,4CONDITIO , Enno 37
COVENANTS, AGREEMENTS, LIENS ANUT
(OR RESTRICTIVE COVENANTS)
KURE BY THE SEA
T.,!?S 1 R
THIS DECLARATION made this the 161-4- day of November, 1992
It by Kure by the Sea Homeowners Association, Inc., a North Carolina
Corporation, formed under Chapter 55A of the North Carolina
General Statutes with an address of 535 The Cape Boulevard, Wilmington,
NC 28412 hereinafter called "Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real proper-
ty located in the Town of Kure Beach, New Hanover County, North
Carolina and designated as Lot No. 18 on that certain survey map
or plat entitled:
"PHASE I, KURE BY THE SEA" hereinafter sometimes
referred to as "map", which map or plat is recorded in
Map Book 29 at Page 151 in the Office of the Register
of Deeds of New Hanover County, North Carolina, said
property being more particularly described on said map
or plat.
WHEREAS, it is the desire and intention of Declarant to
impose upon said lot as well as all property lying between the
easternmost boundary of said lot and the mean high water line of
the Atlantic Ocean as the same now exists as well as any land
that may accrue to said property in the future by accretion,
mutually, beneficial restrictions, conditions, easements, cove-
nants and agreements under a genera]_ plan or.scheme of improve-
ments for the benefit of all of the future owners of lots in KURE
BY THE SEA, ALL PHASES;
NOW, THEREFORE, Declarant hereby declares that Lot 18 of
Phase I of Kure By the Sea is held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied, and
improved subject to the following provisions, rest 'cti
conditions,
nd easements, covenants and agreements a� of which are
declared and agreed to be in furtherance of a plan`. `' 64E 0 Vol
benefit of lot owners in Kure By the Sea all Phas
Nuv Yt 1992
established and agreed upon for the purpose of enhancing [y*dM
89 a So S
protecting the value, desirability, and attractiveness o sai
r •.

m
S
r
real property and every part thereof, and all of which shall run
with the land and shall be binding on all parties having or
acquiring any right, title or interest in the above named lot or
any part thereof.
1. No impervious surf ce. as d.ef i ned in. the storm water run
off ru_tes and a-egulat:i a: ns ad�ipt� ed. by t-:ise Sta-te of North Carolina
shell be allowed or placed upon any portion of said Lot, other
than the existing gazebo.
2. Said Lot shall be maintained in a natural, unspoiled
state for the joint and mutual use and benefit of all lot owners
of Kure By the Sea, all phases.
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be signed in its corporate name by its President,
sealed with its corporate seal and attested by its Secre-
tary, all on the day and year first hereinabove written.
ATTEST:
?:�ORPORATES� L )
V � ;
n
STATE OF NORTH CAROLINA
KURE BY THE SEA HOMEOWNERS
ASSOCIATI I C.
BY:
Pi -es Ident
STORMWATE
W
W
O
0
Ito.
c1
COUNTY OF NEW HANOVER 03 rn
I, ��`are.�Cc��I'10.r�r-Qx�mmPr►'r�ar�� a Notary Public in and for
the County ofIN Ha �t over an State of North Carolina do hereby
certify that i . d a- 6 • M e are S personally appeared
before me this day and acknowledged that he/ip is Secre-
tary of KURE BY THE SEA HOMEOWNERS ASSOCIATION, INC., a North
Carolina corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was duly signed
in its name by its President sealed with its corporate
seal and attested by himself erself) as its Secretary.
WITNESS my hand and notarial seal, this 1014�`-day of
November, 1992. ,
--N E C E E V
Im V
NOV 3 a 1992
®EM
"OJ sgasoS _
t�
x
``YY1 0.ranACLR
NOTARY &UBLIC
c utRssion expires:
MAL' `" ' — G�'
STATE OF NORTH CAROLINA
L'h)'
TI`•.'b
'
New Hanover County
ThpS Fore oin /Aanexed Certificates)
0-
_ ,��
� �•'
of
'{sue
Notary ({!ielarier}Public is,lare certified
M.
Ux
to be correct.
•i .� .dye
_ _ This the'k day of

'EC
n ORDED & VERIFIED
REg
ECCA T. OHMSTiAN
REGISTER OF DEEDS
A NEW HANOVER CO. NC"
STATE OF NORTH CAROLINDOpK , PAGE ,92 �oU 2
COUNTY OF NEW HANOVER1 6 3 1 } 0 RM 20 31
FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS,
CONDITIONS, EASEMENTS, COVENANTS,'AGREEMENTS, LIENS
AND CHARGES (OR RESTRICTIVE COVENANTS), RECORDED IN
BOOK 1457 PAGE 1345 OF THE NEW HANOVER COUNTY REGISTRY
KURE BY THE SEA
LOTS 23 THROUGH 44, PHASE I
it
THIS FIRST AMENDMENT to that certain Declaration made.the
25th day of May, 1989 by Kure By the Sea Limited Partnership,
recorded in Book 1457 at Page 1345 of the New Hanover County
Registry.
W I -T N E S S E T H :
WHEREAS, in Paragraph 3(b) of the Declaration, the Declarant
reserved the right to
" allow adjustments to the conditions and restric-
tions herein in order to overcome practical difficul-
ties and prevent the necessary hardship in application
of the regulations contained herein . . ."; and
WHEREAS, it has been determined that the following lots are
currently in violation of Paragraph 3(c) in that each lot to some
degree exceeds the allowance of 1686 square feet specified in
said paragraph for covered structures; and
WHEREAS, through a combination of a reduction in covered
area on each offending lot and a dedication of land in the
subdivision to restrictions that shall keep said land in a
natural, unspoiled state, the requirements of the North Carolina
storm water run off rules and regulations for the subdivision as
a whole are now being met;
NOW, THEREFORE, the Declarant, acting pursuant to Paragraph
3(b) of the Declaration hereby grants the following variance to
permit the following lots to have the following amount of covered
(impervious) surfaces: nn
Lot 24 2180 square feet of covered area U C E U `1 LC1UJ
Lot 29 2151 square feet of covered area Lot 27 2151 square feet of covered area NOV 3 0 1992
Lot 37 2151 square feet of covered area
Lot 38 1900 square feet of covered, area D E M
-_OJ # ??050F
EXCEPT as herein varied, the provisions of said Declaration
shall remain in full force and effect.
00002

m
f �
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be signed in its name by its General Partner, all on this the
4 5+►-- day of N1 vd f t,•-be (' , 1992.
KURE BY THE SEA LIMITED PARTNERSHIP
V-0
c�
BY: (SEAL)
--� THOMAS.D. WR H , General Partner
Y �
O
O �,p
!O
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, P1�a�Ca+hari /•e�� rnme�m�� _, a Notary Public in and for
the County of C%N anogt° and State of North Carolina do
hereby certify that THOMAS D. WRIGHT personally appeared before
me this day and acknowledged that he is General Partner of KURE
BY THE SEA LIMITED PARTNERSHIP, a North Carolina limited partner-
ship, and that by authority duly given and as the act of the
limited partnership, the foregoing instrument was duly signed in
its name by himself as General Partner.-
�10 77NES Smy hand and notarial seal, this 1 Pk- day of
1992.
My commission. expires:
1- a � -q
f CPAT_1
rc=..
\Jcnee\kuresee.end - not
an AA Cl ct„�
NOTARY UBLIC
STATE OF NORTH CAROLINA
New Hanover County
7�e F ing/APPm*e& Certificate(Q of
Notary 4bk* "ice) Public is/ere certified
to be correct.
This the davof
Rebecca P-Tucker, Register of Deeds
i ef,'' 044---
By py, A A&4zhA!!n2 .
Deputy/AceiataA-
W Nov s o 1992
D E M
gqo Soy
- 2 -

ILI
BOOK
STATE OF NORTH CAROLINA 16 3 1
RECORDED & VERIFIED
REBECCA T. CHRIS T IAN
PAGE REGISTER OF DEEDS
141 0 NEW HANOVER CO. NC. -
COUNTY OF NEW HANOVER 092 NOV 20 An lO 36
FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS,
CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS
AND CHARGES (OR RESTRICTIVE COVENANTS), RECORDED IN
BOOK-1535 PAGE 0047 OF THE NEW HANOVER COUNTY REGISTRY
KURE BY THE SEA
LOTS _4 HROUGH 50 AND LOTS 66 THROUGH 78, PHASE 2A
THIS FIRST AMENDMENT to that certain Declaration made the
,- 8th day of March, 1991 by Kure By the Sea Limited Partnership,
recorded in Book 1535 at Page 0047 of the New Hanover Counfy
Registry.
W I T N E S S E T H:
WHEREAS, in Paragraph 3(b) of the Declaration, the Declarant
reserved the right to
" . . allow adjustments to the conditions and restric-
tions herein in order to overcome practical difficul-
ties and prevent the necessary hardship in application
of the regulations contained herein . . ."; and
WHEREAS, it has been determined t1lat Lot 67 is currently in
violation of Paragraph 3(c) in that it has exceeded the allowance
of 1686 square feet specified in said paragraph for covered
structures; and
WHEREAS, through a combination of a reduction in covered
area on the offending lot and a dedication of land in the subdi--
vision to restrictions that shall keep said land in a natural,
unspoiled state, the requirements of the North Carolina storm
water run off rules and regulations for the subdivision as a
whole are now being met;
NOW, THEREFORE, the Declarant, acting pursuant to Paragraph
3(b) of the Declaration hereby grants the following variance to
permit Lot 67 to have the following amount of covered (impervi-
ous) surface:
Lot 67 ..............2080 square feet of coveredarea
' 1Aff
EXCEPT as herein varied, the provisions offsaiVion
shall remain in full force and effect.
000023
E E [U
NOV 3 0 1992
J

f
IN WITNESS WHAM, the DJPA%ant has caused this instrument
to be signed in itl ghhU by it&'GU ral Partner, all on this the
I Bt►`. day., of N1DdCry) bf i , 1992.
KURE BY THE SEA LIMITED PARTNERSHIP
BY: (SEAL)
n THOMAS D. HT, General Partner
h
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for
the County of N e,,t H a,1 av e (' and State of North Carolina do
hereby certify that THOMAS D. WRIGHT personally appeared before
me this day and acknowledged that he is General Partner of KURE
BY THE SEA LIMITED PARTNERSHIP, a North Carolina limited partner-
ship, and that by authority duly given and as the act of the
limited partnership, the foregoing instrument was duly signed in
its name by himself as its General Partner.
ti✓
WITNESS my hand and notarial seal,_ this � day of
hiDJem he ( , 1992.
My commission expires:
I ►- a5-6KO
(SEAL)
6�4-
-Tyl &jl,,A-
NOTAR-(j PUBLIC
STATE OF NORTH CAROLINA
New Hanover County
The Forggoing/AnnexedCertificate(s) of �
Notar
y I.DJwteries)-i'ublic is/,aye certified
to be correct.
i
This the .401_4 day of __V600 19 QL .
RebeccazF. Tucker, Register of Deeds I
By An .Ch/'s bra.- I
Deputy/e& &%p# _ I
STORMWATER
C E IUJ
W NOV 3 0 1992
DEm
,0j # rR0568
\Jones\kurasee7.sud - noa
- 2

BOOK PAGE
Mail To:
This instrument• was prepared
F, P. O. Drawer 2178, Wilmington, NC 28402
QUITCLAIM DEED — QD-1 Printed and for sale by James Williams & Co., Inc., P.O. Box 127, Yadkinville, N.C. 27055
STATE OF NORTH CAROLINA, ��� New. Hanover County.
THIS DEED, Made and entered into this I , _day of NavenbeY , 19 92 , by and between
Kure by the Sea Limited Partnership
of New Hanover County and State of North Carolina,'hereinafter called Grantor, and
Kure by the Sea Hdueowners Association, Inc.
of New Hanover County and State of North Carolina, hereinafter called Grantee, whose permanent mailing address
is 535 dB die Cape oulevard, Wilmington, North Carolina 28412 ;
WITNESSETH:
•
to
70 ?
Z 70 rn . rn
$
�.n
f�.n�
xmnM
o >o -4 c�
rn " S G
A
C
c ^+
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt ofswhich is hereby
acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs
and/or successors and assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in
Federal Point Township, New Hanover I
County, North Carolina,
and more particularly described as follows:
Being all of that land lying eastwardly of the eastern boundary line of Lot
18 of Kure By the Sea, Phase I, recorded in Map Book 29 at Page 151 in the
Office of the Register of Deeds of New Hanover County and extending
eastwardly to the mean high water line of the Atlantic Ocean, bounded on
the North by the northern boundary of said Lot 18 extending eastwardly to
said high water line and bounded on the South by the southern boundary of
said Lot 18 extended to said high water line.
NOV 3 0 1992
L�
D IE ill
000022 # $g0s00
To have and to hold the aforesaid lot or parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors
and assigns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him.

IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written.
KUM BY THE SEA LIMITED PARMMHIP
;tame) N(SEAL)
By SEAL' (SEAL)
General P er
(SEAL)
(SEAL)
SEAL -STAMP NORTH CAROLINA, COUNTY.
1, a Notary Public of the County and State aforesaid, certify that
SEAL -STAMP
The foregoing Certifl
is/are certified to b
at A.M., P
By
personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or seal, this day of 1 g
My Commission expires:
NORTH CAROLINA, COUNTY.
I, a Notary Public of the County and State aforesaid, certify that
Notary Public
Trustee,
personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or seal, this day of
My Commission expires:
19 .
Notary Public
P NORTH CAROLINA, NEW HA 4OVER COUNTY.
I, a Notary Public of the County and State aforesaid,. certify that
T. D. WRIGHT
;personally came before me this day and acknowledged that— he is &Vb=gf3emra1 Part ner
-
i'. ; iE` iJRE BY THE SEA LIMITED PA UM' S)EHIP Limited Pa nershi n
•- a North Carolin�/g, an t at by aut `ority
= ~ LiTrdted Partnership
en and as the act of thiYaaqwEmZmthe foregoing instrument was signed in its name byAX hiltself
General Parther. —
my hand and official stamp or seal, this—l-4ay
: •- My commission expires: l
November ,19 92 .
Cam^ fl^^^ '��otary Public
STATE OF NORTH CAROLINA v
New Hanover County
The For oin /-Certificate( of
Notary Public ism certified
to be correct: ,, y registered this day of 1 g
This the Q � y of _A&V, r ,
Rebecca P.-Tucker, Register of Deeds !r of Deeds for
eeCounty, North Carolina.
By M� _ Deputy/Assistant — Register of Deeds.
Deputy/Assn.
C"
W
6°'4
C.7
Q
.--i
o
m
a
a
O
4A
t
n
a
�i

RECENED
APR 2 7 1.19?
R!F ED
DF�
15 3 u u "7 1 z, .��c� �;;•,. z
REG15i,.-
STATE OF NORTH CAROLINA, �HR .� 55
COUNTY OF NEW HANOVER.
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE COVENANTS)
KURE BY THE SEA
LOTS 45 THROUGH 50 AND 'LOTS' '66 THROUGH '7-8,' PHASE' 2 A
THIS DECLARATION made this the 8th day of ki/IRCH,. 1991 by
KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina Limited
Partnership (see Certificate filed in Book 1449 at Page 1427 of
the New Hanover County Registry) with an address of P. 0. Box 999,
Hampstead, N.C. 28443, hereinafter called "Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
located .in. the Town of Kure Beach, New Hanover County, North
Carolina, as set forth on that certain survey map or plat
entitled:
is PHASE 2 A KURE BY THE SEA " hereinafter sometimes
referred to as "map", which map or plat is recorded in
Map Book 31 at Page 290 in the Office of the Register of
Deeds of New Hanover County, North Carolina, said
14 property being more particularly described on said map
or plat.
WHEREAS, it is the desire and intention of Declarant to sell
the lots set out and described below and to impose upon those lots
mutually, beneficial restrictions, conditions, easements, cove-
nants and agreements under a general plan or scheme of improve-
ments for the benefit of said lots as well as the future owners of
lots in KURE BY THE SEA ALL PHASES;
NOW, THEREFORE, Declarant hereby declares that LOTS 45-50
and 66-78 of Phase 2A of Kure By the Sea are held and shall be
held, conveyed, hypothecated or encumbered, leased, rented, used,
occupied, and improved subject to the following provisions,
restrictions, conditions, easements, covenants and agreements all
of which are declared and agreed to be in furtherance of a plan
for the subdivision, improvement and sale of the said real
property and are established and agreed upon for the purpose of
enhancing and protecting the, value, desirability, and
attractiveness of said real property and every part thereof, and
all of which shall run with the land and shall be binding on all

PAGE 2
parties having or acquiring any right, title
above named lots or any part thereof.
RECEIVED
APR 2 7 1992
wiwngton Regional Office
DEM
r intere-s-t-in the
1. DEFINITIONS. As used in this Declaration of Restrictive
Covenants, the following terms shall mean:
(a) "Declarant" (sometimes referred to as the "Company" as
used herein shall mean KURE BY THE SEA LIMITED PARTNERSHIP, its
successors and assigns.
(b) "Record" or "Recording" refers to record or recording
with the Register of Deeds of New Hanover County, North Carolina.
(c) "Property" generally means the lands known as KURE BY
THE SEA, ALL PHASES, in the Town of Kure Beach, New Hanover
County, North Carolina.
(d) "Residential Lots" or "Lots" means the lots specifically
set forth above, to -wit: Lots 45-50;66-78' , of Phase 2A_ KURE BY
THE SEA.
(e) "Association" shall mean the KURE BY THE SEA OWNERS'
ASSOCIATION, INC., its successors and assigns.
(f) "Restrictions" shall mean the restrictions and covenants
set forth in this Declaration of Restrictive Covenants.
2. APPLICABILITY. These Restrictions shall apply to all of
Lots 45-50: 66-78 , '2A as shown on the above referred to map of PHASE
I, KURE BY THE SEA.
3. (a) RESERVATIONS. The Company reserves the right to
change, alter or redesignate roads, utility and drainage
facilities, and to change, alter or redesignate such other present
and proposed amenities or facilities as may, in the sole judgment
of the Company, be necessary or desirable. Provided, however, no
such changes shall be deemed to affect any lots previously
conveyed by the Declarant.
(b) VARIANCES. The. Company and/or the Architectural
Committee appointed by the Company shall have the power to and may
allow adjustments to the conditions and restrictions herein in
order to overcome practical difficulties and prevent unnecessary
hardships in application of the regulations contained herein,
provided, however, that such is done in conformity with the intent
and purposes hereof, and provided, also, that in every instance
such variance or adjustment will not be materially detrimental or
injurious to other property or improvements in the neighborhood.
Variances and adjustment of height, size and setback requirements
may be granted hereunder.
(c) BUILDING AND SITE IMPROVEMENTS. No building, fence,
wall, bulkheading or other structure shall be erected, placed or
altered on any residential lot, nor shall the grade or elevation
or physical characteristics including, but not limited to, slopes,
dunes, and tree growth, on any such lot, or portion thereof, be
altered in any way whatsoever, until the proposed building plans,

RECEIVE®
PAGE 3 APR 2 7 199[
Wlimin&n Regional Offic O
DEM
specifications, exterior colors and finishes, ncludifig' brick
siding, etc., site and landscaping plans (showing the proposed
location, height and orientation of such building or structure,
drives, parking areas and proposed alterations to the grade,
elevation or physical characteristics of the site), and
construction schedule shall have been approved in writing by the
Company. Refusal of approval of any such plans, location or
specifications may be based by the Company upon any grounds
including purely aesthetic and environmental considerations, that
in the sole and uncontrolled discretion of the Company shall seem
sufficient. Without the prior written consent of the Company, no
changes or deviations in or from such plans or specifications as
approved shall be made. No alterations in the exterior appearance
of any building or structure, or in the grade, elevation, or
physical characteristics of any lot shall be made without like
approval by the Company. One (1) copy of all plans and related
data shall be furnished to the Company for its records. The
Company shall not be responsible for any structural or other
defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
No more than 1686 square feet of any lot shall be covered by
structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials. This covenant is
intended to insure continued compliance with stormwater runoff
rules adopted by the State of North. Carolina and therefore this
provision may be enforced by the State of North Carolina through
its duly authorized agencies.
5. APPROVAL OF PLANS. (a) No house plans will be approved
unless the proposed house will have the minimum required square
footage of enclosed dwelling area. The term "enclosed dwelling'
area" as used in the minimum size requirements shall mean the
total enclosed area within a dwelling; provided, however, that
such term does not include garages,'terraces, decks, open porches,
and like areas. The minimum enclosed dwelling area shall be 1200
L square feet.
(b) KURE BY THE SEA BUILDING SETBACK GUIDELINE REQUIREMENTS.
Since the establishment of standard inflexible building setback
lines for location of houses on lots tends to force construction
of houses both directly behind and directly to the side of other
homes with detrimental effects on privacy, view of the Ocean,
preservation of land contour, important trees and other
vegetation, ecological and related considerations, variances for
these specific setback guidelines are permitted under these
Restrictions in Paragraph 3 (b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum

PAGE 4
� 535 00 .
effect, the Company reserves the right to control and approve
absolutely the site, location, orientation and floor elevations of
any house or dwelling or other structure upon any lot. Planting
in areas outside the designated building site is limited to gras'J3,
flowers, and shrubs having a height of not moe than 14 feet abov�
mean low water of the Atlantic ocean or bvera-& uJMFtl
ight
whichever is greater. K
V(1Imin&n Regional offiC9
(c) The exterior of all houses and other structuz must be
completed within six (6) months after the Instruction of same
shall be commenced, except where such completion is impossible or
would result in great hardship to -the owner or builder due to
strikes, fires, national emergency or natural calamities.
(d) service rooms, garages and shower facilities may be
placed below the first living floor provided suitable screening is
provided.
(e). Each lot owner shall provide receptacles for garbage, in
a screened area not generally visible from the road, or provide
underground .receptacles or similar facility in accordance with
reasonable standards established by the Company.
(f) Subject to any other limitations imposed by the zoning
ordinance of the Town of Kure Beach, no structure, except as
hereinafter provided, shall be erected, altered, placed or
permitted to remain on any residential lot other than a detached
single family dwelling not to exceed two and one-half (2-1/2))
stories in ineight, unless the Company approves in writing a
structure of more than two (2) stories pursuant to Paragraphs 3(b)
and 4(a) hereof. No building or other structure, or part thereof,
at any time situate on such residential lots shall be used as a
professional office or charitable or religious institution, or for
business or manufacturing purposes, or for any use whatsoever
other than residential and dwelling purposes as aforesaid; and no
duplex residence or apartment house shall be erected or placed on
or allowed to occupy such residential lots and no building shall
be altered or converted into a duplex residence or apartment house
thereon. In addition, no residence shall be converted to or

RECEIVED
PAGE PAGE 5 APR 2 7 1992
1 5 3� l U 51 wiinnIr�co�e�onal Office
marketed under a time-share plan tan as defined by the General
Statutes of North Carolina.
(g) If the finished building or other structure does not
comply with the submitted plans and specifications, the Company
retains the right to make the necessary changes at owner's
expense, and the further right to file under the North Carolina
lien laws notice of liens for any costs incurred.
5. RESIDENTIAL USE: (a) A].1 of. the above described lots
shall be used for residential purposes exclusively.
(b) No trailer, tent, mobile home, or other structure of a
temporary character shall be placed upon any lot at any time,
provided, however, that this prohibition shall not apply to
shelters used by the contractor during the construction of the
main dwelling house, it being clearly understood that these latter
temporary shelters may not, at any time, be used as residences or
permitted to remain on the lot after completion of construction.
(c) No fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only
within a screened area, or buried underground; provided, however,
that nothing contained herein shall prevent the Company from
erecting, placing or permitting the placing of tanks, or other
apparatus, on the property for uses related to the provision of
utility or other service.
6. MAINTENANCE. (a) It shall be the responsibility of each
lot owner to prevent the development of any unclean, unsightly or
unkempt conditions of buildings or grounds on such lot which shall
tend to substantially decrease -the beauty of KURE BY THE SEA.
(b) No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon tending to cause
embarrassment-, discomfort, annoyance, or nuisance to the
neighborhood. There shall not be maintained any plants or
animals, or device or thing of any sort whose normal activities or
existence is in any way noxious, dangerous, unsightly, unpleasant
or of a nature as may diminish or destroy the enjoyment of other
property in the neighborhood by the owners thereof.

R
REG W, W
APR 2 7 19?.
3 .S U U 2 PAGE 6 �(jlmingtoofona! Alflaf
self, '
7. ENTRY. The Company reserves for it , its successors
and assigns, and its agents the right to enter upon any
residential lot, such entry to be made by personnel with tractors
or other suitable devices, for the purposes of mowing, removing,
clearing, cutting or pruning underbrush, hedges (to enforce height
limitations), weeds or other unsightly growth, or for the purpose
of building or repairing any land contour or other dunework, which
in the opinion of the Company detracts from or is necessary to
maintain the overall beauty, ecology, setting and safety of the
property. Such entrance shall not be deemed a trespass. The
Company and its agents may likewise enter upon any lot to remove
any trash which has collected without such entrance and removal
being deemed a trespass. The provisions in this Paragraph shall
not be construed as an obligation on the part of the Company to
undertake any of the foregoing.
8. MISCELLANEOUS EASEMENTS. The Company reserves unto
itself, its successors and assigns, a perpetual, alienable and
releasable easement and right on, over and under the ground with
men and equipment to erect, maintain, inspect, repair and use
wires, cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity and telephone
equipment, gas, sewer, water or other public conveniences of
utilities on, in or over the rear ten (19) feet of each lot as
shown on the recorded plat. This easement and right expressly
includes the right to cut any trees, bushes, or shrubbery, make
any grading of the soil, or to take any other similar action
reasonably necessary to provide economic and safe utility
installation and to maintain reasonable standards of health,
safety and appearance. Such rights may be exercised by any
licensee_of the Company, but this reservation shall not be
considered an obligation of the Company to provide or maintain any
such utility or service.
9. SUBDIVIDING. No lot shall be subdivided, or its
boundary lines changed except with the prior written consent of
the Company. However, the Company hereby expressly reserves to
itself, its successors and assigns, the right to replat any two

0
RECEIV8P
APR 2 7 1992
IjU .� PAGE 7 Wilminston Regional office
(2) or more lots set forth above in order to create a modified
building lot or lots; and to take such steps as are reasonably
necessary to make such replatted lot suitable and fit as a
building site, said steps to include, but not to be limited to,
the relocation of easements, walkways, and rights -of -way to
conform to the new boundaries of the said replatted lots.
10. MEMBERSHIP IN ASSOCIATION. By the recording of the
deed to his or her lot, the lot purchaser becomes and agrees to
become a member of the Kure By the Sea Owners Association, if and
when such an Association is formed, and agrees to abide by, and be
subject to, the charter and by-laws of the Association and these
Restrictions.
11. COVENANTS RUN WITH THE LAND. All covenants,
restrictions and affirmative obligations set forth in these
Restrictions shall run with the land and shall be binding on all
parties and persons claiming under them to specifically include,,
but not be limited to, the successors and assigns, if any, of the
Company, for a period of ten (10) years from the date hereof after
which time all said covenants shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed
by a majority of the then owners of the above numbered lots has
been recorded, agreeing to change said covenants in -whole or in
part.
12. VIOLATIONS. In the event of a violation or breach of
any of these Restrictions by any lot owner, or agent of such
owner, the Company or owners of any other property in KURE BY THE
SEA ALL PHASES, or any of them jointly or severally shall have the
right to proceed at law or equity to compel a compliance with the
terms hereof or to prevent a violation or breach. In addition to
the foregoing, the Company shall have the right, whenever there
shall have been built on any lot any structure which is in
violation of these restrictions to enter upon the lot on which
said violation exists and summarily abate or remove the same at
the expense of the owner, if thirty (30) days after written notice
of such violation it shall not have been corrected by the owner.
Any such entry and abatement for removal shall not be deemed a
I

RECEIVED
Bout ?At3E APR 2 7 199?
1 5 3 5 0054 PAGE 8 Mimington Regional Office
trespass. The failure to enforce any right, reservations,
restrictions, or condition contained in these Restrictions,
however, long continued, shall not be deemed a waiver of the right
to do so hereafter as to the same breach, or as to a breach
occurring prior or subsequent thereto and shall not bar or affect
its enforcement.
13. DEDICATION TO PUBLIC USE. Nothing in these
Restrictions, nor in the recording of any _ plat or deed pursuant
hereto, shall dedicate (or be deemed to dedicate) to public use
any of the streets, common lands or other grounds within KURE BY
THE SEA.
14. No mail box or paper box or other receptacle of any kind
for use in the delivery of mail or newspaper or magazines or
similar material shall be erected or located on any building lot
unless and until the size, location, design and type of material
for said box or receptacle shall have been approved by the
Company.
15. Exterior radio and television aerials for reception of
commercial broadcasts shall not be permitted in KURE BY THE SEA;
and no other aerials (for example, without limitation, amateur
short wave or ship to shore) shall be permitted in KURE BY THE SEA
without permission of the Company as to design, appearance and
location.
16. During construction all vehicles involved including
those delivering supplies must enter the building lot on the
driveway only as approved by the Company so as not to damage
unnecessarily natural vegetation and dunes. During construction
builder must keep the homes, garages, and building sites clean.
All building debris, stumps, bushes, etc., must be removed from
each building lot by builder as often as necessary to keep the
house and lot attractive. Such debris will not be dumped in any
area of the Subdivision.
17. No property owner will do or permit to be done any act
upon his property which may be or is or may become a nuisance to
any other property owner or resident. There shall be no

OOF
[ 5 35 PAGE 9 APR 2 7 W?
� u 5 5
discharging of firearms, guns or pistols, oftany kind, caliber,
x
type, or method of propulsion.
18. No personal sign of any character shall be displayed
upon any part of the property without the Company's prior
approval. The Company, however reserves the right to display its
"for sale" or "for rent" signs without limitation for so long as
it is involved in developing the KURE BY THE SEA Project.
19. No animals, birds, or fowl shall be kept or maintained
on any part of the.property except dogs, cats and pet birds, which
may be kept thereon in reasonable numbers as pets for the pleasure
and use of the occupants but not for any commercial use or
purpose.
20. Clotheslines or drying yards shall be located as not to
be visible from the street or common easement area serving the
premises or from the waterfront.
21. No trailers or habitable motor vehicles of any nature,
boats or canoes on or off trailers, may be parked on any part of
the property unless inside an enclosed garage. These prohibitions
also apply to the common easement area.
22. No individual water supply system shall be permitted
except a non -potable lawn irrigation system not connected to any
building. A shallow well may be permitted for such water supply.
The pump, pressure tank, and pump house, if any, shall be
considered structures.
23. Each and every covenant and restriction contained herein
shall be considered to be an independent and separate covenant and
agreement, and in the event any one or more of said covenants or
restrictions shall, for any reason, be held to be invalid, or
unenforceable, all remaining covenants and restrictions shall
nevertheless remain in full force and effect.
24. The Company may include in any contract or deed
hereafter made any additional covenants and restrictions that are
not inconsistent with and which do not lower the standards of the
covenants and restrictions set forth herein.
25. If the Company shall transfer or assign the development
of such Subdivision or if it shall be succeeded by another in the

>; t
EZ'1"JE:D
aonK a F APR 2, 7 19
t 5 3 5 PAGE 10
j ••
development of such Subdivision, then such transferee, assignee,
or successor shall be vested with the several rights, powers,
privileges, or authorities given said Company by any part or
paragraph hereof. The foregoing provisions of this Paragraph
shall be automatic, but the Company may execute such instrument as
it shall desire to evidence the vesting of the several rights,
powers, privileges, and authorities in such transferee, assignee,
or successor.
26. The covenants and restrictions herein shall be deemed to
be covenants running with the land. If any person claiming under
the Company shall violate or attempt to violate any of such
restrictions or covenants, it shall be lawful for the Company, or
any person. or persons owning property in KURE BY THE SEA ALL
PHASES, and damaged by said violation: (A) To prosecute
proceedings at law for the recovery of damages against the person
or persons so violating or attempting to violate any such covenant
or restriction, or (B) to maintain a proceeding in equity against
the person or persons so violating or attempting to violate any
such covenant or restriction for the purpose of preventing such
violation, provided however, that the remedies in this Paragraph
contained shall be construed as cumulative of all other remedies
now or hereafter provided by law. Without limiting the foregoing
provisions of this Paragraph, enforcement of these covenants and
restrictions may be by the KURE BY THE SEA PROPERTY OWNERS
ASSOCIATION, INC.
27. And the said Company hereby covenants and agrees that
every contract of sale or deed made by the Company wherein is
described any of the above residential lots of said land, to -wit:
Lots 45-50;66-78 2A•shall include .or be subject to, by reference
or otherwise, each and every covenant and restriction herein
written, or the substance thereof, and, subject to the reservation
herein, the Company shall conform with and abide by the foregoing
covenants as to all of said lots.
IN WITNESS WHEREOF, the Declarant has caused this instrument

U
Butit A;7c
PAGE 11 APR 2 j
i 535 057 Pop
c
to be signed in its name by its Partners, all on the day and year
first hereinabove written.
KURE �BY HIE/ SEEA1 LIMITED PARTNERSHIP
BY: V � N l/,�T
T. D. WRIG T, General Partner
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
I�La Notary in and for the abovesaid
�JCount an St te, o h e y certi y that T. D. Wright, General Partner
of Kure by the Sea Limited Partnership, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal,
Notaxt Pyblicf
My Commission Expires:
this 8th day of March, 1991.
STATE OF NORTH CgROLINA.
New Hanover County
The Foregoing/Annexed
Certificate(s) of
--�_
Notary (N taries) public is ,
to be correct,is/are certified
This the 1 day of
Rebecca P. Tucker, Register 19!(
8y
Deputy/Assiett
0

�11U�457
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
+Ilr C6 I I 03 '39
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE COVENANTS)
KURE BY THE SEA
LOTS 23 THROUGH 44, PHASE I
THIS DECLARATION made this the 25TH day of MAY, 1989, by
KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina Limited
Partnership (see Certificate filed in Book 1449 at Page 1427 of
the New Hanover County Registry) with an address of P. O. Box 999,
Hampstead, N.C. 28443, hereinafter called "Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
located in the Town of Kure Beach, New Hanover County, North
Carolina, as set forth on that certain survey map or plat
entitled:
is PHASE I, KURE BY THE SEAr hereinafter sometimes %U
referred to as "map", which map or plat is recorded in
Map Book 29 at Page 151 in the Office of the Register of
Deeds of New Hanover County, North Carolina,. said m
�g! property being more particularly described on said map
- or plat.
WHEREAS, it is the desire and intention of Declarant to sell e
the lots set out and described below and to impose upon those lots
mutually, beneficial restrictions, conditions, easements, cove-
nants and agreements under a general plan or scheme of improve-
ments for the benefit -of said lots as well as the future owners of
lots in KURE BY THE SEA ALL PHASES;.
NOW, THEREFORE, Declarant hereby declares that Lots 23
through 44, of Phase I of Kure By the Sea are held and shall be
held, conveyed, hypothecated or encumbered, leased, rented, used,
occupied, and improved subject to the following provisions,
restrictions, conditions, easements, covenants and agreements all
"of which are declared and agreed to be in furtherance of a plan
for the subdivision, improvement and sale of the said real
property and are established and agreed upon for the purpose of
enhancing and protecting the value, desirability, and
attractiveness of said real property and every part thereof, and
all of which shall run with the land and shall be binding on all.
\DW3\JOEDAVID\KUREDUNE.DEC IRETURNEDTO � • � Vmz:

�• � S) i_
' poor, PAGE 2
1 3 4 6
parties having or acquiring any right, title or intes�l�
above named lots or any part thereof. APR 2 7 199"'
"Unington Fteeonai Offiv®
DEM
1. DEFINITIONS. As used in this Declaratio of Restrictive,
Covenants, the following terms shall mean:
(a) "Declarant" (sometimes referred to as the "Company" as
used herein shall mean KURE BY THE SEA LIMITED PARTNERSHIP, its
successors and assigns.
(b) "Record" or "Recording" refers to record or recording
with the Register of Deeds of New Hanover County, North Carolina.
(c) "Property" generally means the lands known as KURE BY
THE SEA, ALL, PHASES, in the Town of Kure Beach, New Hanover
County, North Carolina.
(d) "Residential Lots" or "Lots" means the lots specifically
set forth above, to -wit: Lots 23 through 44, of Phase I, KURE BY
THE SEA.
(e) "Association" shall mean the KURE BY THE SEA OWNERS'
ASSOCIATION, INC., its successors and assigns.
(f) "Restrictions" shall mean the restrictions and covenants
set forth in this Declaration of Restrictive Covenants.
2. APPLICABILITY. These Restrictions shall apply to all of
Lots 23 through 44 as shown on the above referred to map of PHASE
I, KURE BY THE SEA.
3. (a) RESERVATIONS. The Company reserves the right to
change, alter or redesignate roads, utility and drainage
facilities, and to change, alter or redesignate such other present
and proposed amenities.or facilities as may, in the sole judgment
of the Company, be necessary or desirable. Provided, however, no
such changes shall be deemed to affect any lots previously
conveyed by the Declarant.
(b) VARIANCES. The Company and/or the Architectural
Committee appointed by the Company shall have the power to and may
allow adjustments to the conditions and restrictions herein in
order to overcome practical difficulties and prevent unnecessary
hardships in application of the regulations contained herein,
provided, however, that such is done in conformity with the intent
and purposes hereof, and provided, also, that in every instance
such variance or adjustment will not be materially detrimental or
injurious to other property or improvements in the neighborhood.
Variances and adjustment of height, size and setback requirements
may be granted hereunder.
(c) BUILDING AND SITE IMPROVEMENTS. No building, fence,
wall, bulkheading.or other structure shall be erected, placed or
altered on any residential lot, nq.r shall the grade or elevation
or physical characteristics including, but not limited to, slopes,
dunes, and tree growth, on any such lot, or portion thereof, be
altered in any way whatsoever, until the proposed building plans,
\DW3\JOEDAVID\KUREDUNE.DEC

RECEIVE
PAGE 3 APR 2 7
1451 1j47
Wilmington Regional Office
specifications, exterior colors and finishes, �cluding brick
siding, etc., site and landscaping plans (showi' the proposed
location, height and orientation of such building or structure,
drives, parking areas -And.. proposed alterations to the grade,
elevation or physical characteristics of the site), and
construction schedule shall have been approved in writing by the
Company. Refusal of approval of any such plans, location or
specifications may be based by the Company upon any grounds
including purely aesthetic and environmental considerations, that
in the sole and uncontrolled discretion of the Company shall seem
sufficient. Without the prior written consent of the Company, no
changes or deviations in or from such plans or specifications as
approved shall be made. No alterations in the exterior appearance
of any building or structure, or in the grade, elevation, or
physical characteristics of any lot shall be made without like
approval by the Company. One (1) copy of all plans and related
data shall be furnished to the Company for its records. The
Company shall not be responsible for any structural or other
defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
No more than 1686 square feet of any lot shall be covered by
structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials. This covenant is
intended,to insure continued compliance with stormwater runoff
rules adopted by the State of North Carolina and therefore this
provision may be enforced by the State of North Carolina through
its duly authorized agencies.
5. APPROVAL OF PLANS. (a) No house plans will be approved
unless the proposed house will have the minimum required square
footage of enclosed dwelling area. The term "enclosed dwelling
area" as used in the minimum size requirements shall mean the
total enclosed area within a dwelling; provided, however, that
such term does not include garages, terraces, decks, open porches,
and like areas. The minimum enclosed dwelling area shall be 1200
square feet.
(b) KURE BY THE SEA BUILDING SETBACK GUIDELINE REQUIREMENTS.
Since the establishment of standard inflexible building setback
lines for location of houses on lots tends to force construction
of houses both directly behind and directly to the side of other
homes with detrimental effects on privacy, view of the Ocean,
preservation of land contour, important trees and other
vegetation, ecological and related considerations, variances for
these specific setback guidelines are permitted under these
Restrictions in Paragraph 3 (b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum
\DW3\JOEDAVID\KUREDUNE.DEC

BOOP. •'alit
• PAGE 4
1451 1 348
effect, the Company reserves the right to control and approve
absolutely the site, location, orientation and floor elevations of
any house or dwelling or• other structure upon any lot. Planting
in areas outside the designated building site is limited to grass,
flowers, and shrubs having a height of not more ian 14 feet above
mean low water of the Atlantic ocean or average �Et
whichever is greater. APR 2 7 19R2
VAlmingbon Regional Office
DEM
(c) The exterior of all houses and other s uctures must be
completed within six (6) months after the construction of same
shall be commenced, except where such completion is impossible or
would result in great hardship to the owner or builder due to
strikes, fires, national emergency or natural calamities.
(d) Service rooms, garages and shower facilities may be
placed below the first living floor provided suitable screening is
provided.
(e) Each lot owner shall provide receptacles for garbage, in
a screened area not generally visible from the road, or provide
underground receptacles or similar facility in accordance with
reasonable standards established by the Company.
(f) Subject to any other limitations imposed by the zoning
ordinance of the Town of Kure Beach, no structure, except as
hereinafter provided, shall be erected, altered, placed or
permitted to remain on any residential lot other than a detached
single family dwelling not to exceed two and one-half (2-1/2))
stories in height, unless the Company approves in writing a
structure of more than two (2) stories pursuant to Paragraphs 3(b)
and 4(a) hereof. No building or other structure, or part thereof,
at any time situate on such residential lots shall be used as a
professional office or charitable or religious institution, or for
business or manufacturing purposes, or for any use whatsoever
other than residential and dwelling purposes as aforesaid; and no
duplex residence or apartment house shall be erected or placed on
or allowed to occupy such residential lots and no building shall
be altered or converted into a duplex residence or apartment house
thereon. In addition, no residence shall be converted to or
\DW3\JOEDAVID\KUREDUNE.DEC

a,}uw P Af*, F REC1451 �;
i t 3 4 9 PAGE 5 APR 2 7 1�f'
Wilmingtgn Regiocol a:;ri�
DENT
marketed under a time-share plan as defined y the General
Statutes of North Carolina.
(g) If the finished building or other structure does not
comply with the submitted plans and specifications, the Company
retains the right to make the necessary changes at owner's
expense, and the further right to file under the North Carolina
lien laws notice of liens for any costs incurred.
5. RESIDENTIAL USE: (a) All of. the above described lots
shall be used for residential purposes exclusively.
(b) No trailer, tent, mobile home, or other structure of a
temporary character shall be placed upon any lot at any time,
provided, however, that this prohibition shall not apply to
shelters used by the contractor during the construction of the
main dwelling house, it being clearly understood that these latter
temporary shelters may not, at any time, be used as residences or
permitted to remain on the lot after completion of construction.
(c) No fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only
within a screened area, or buried underground; provided, however,
that nothing contained herein shall prevent the Company from
erecting, placing or permitting the placing of tanks, or other
apparatus, on the property for uses related to the provision of
utility or other service.
6. MAIFTENANCE. (a) It shall be the responsibility of each
lot owner to prevent the development of any unclean, unsightly or
unkempt conditions of buildings or grounds on such lot which shall
tend to substantially decrease the beauty of KURE BY THE SEA.
(b) No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance, or nuisance to the
neighborhood. There shall not be maintained any plants or
animals, or device or thing of any sort whose normal activities or
existence is in any way noxious, dangerous, unsightly, unpleasant
or of a nature as may diminish or destroy the enjoyment of other
property in the neighborhood by the owners thereof.
\DW3\JOEDAVIE\KUREDUNE.DEC

h'
BOW ✓AG PAGE 6
1451 1 ;i U APR 27 1'19 .
Wilmington R€ PNWERI
7. ENTRY. The Company reserves for itself, .its succWihi§ors
and assigns, and its agents the right to enter upon any
residential lot, such entry to be made by personnel with tractors
or other suitable devices, for the purposes of mowing, removing,
clearing, cutting or pruning underbrush, hedges (to enforce height
limitations), weeds or other unsightly growth, or for the purpose
of building or repairing any land contour or other dunework, which
in the opinion of the Company detracts from or is necessary to
maintain the overall beauty, ecology, setting and safety of the
property. Such entrance shall not be deemed a trespass. The
Company and its agents may likewise enter upon any lot to remove
any trash which has collected without such entrance and removal
being deemed a trespass. The provisions in this Paragraph shall
not be construed as an obligation on the part of the Company to
undertake any of the foregoing.
8. MISCELLANEOUS EASEMENTS. The Company reserves unto
itself, its successors and assigns, a perpetual, alienable and
releasable easement and right on, over and under the ground with
men and' equipment to erect, maintain, inspect, repair and use
wires, cables, conduits, sewers, water mains and other suitable
equipment for'the conveyance and use of electricity and telephone
equipment, gas, sewer, water or other public conveniences of
utilities on, in or over the rear ten (10) feet of each lot as
shown on the recorded plat. This easement and right expressly
includes the right to cut any trees, bushes, or shrubbery, make
any grading of the soil, or to take any other similar action
reasonably necessary to provide economic and safe utility
installation and to maintain reasonable standards of health,
safety and appearance. Such rights may be exercised by any
licensee of the Company, but this reservation shall not be
considered an obligation of the Company to provide or maintain any
ti
such utility or service.
9. SUBDIVIDING. No lot shall be subdivided, or its
boundary lines changed except with the prior written consent of
the Company. However, the Company- hereby expressly reserves to
itself, its successors and assigns, the right to replat any two
\DW3\JOEDAVID\KUREDUNE.DEC

145i 1351
(2) or more lots set forth above in order to create a modified
building lot or lots; and to take such steps as are reasonably
necessary to make such< replatted' lot suitable and fit as a
building site, said steps to include, but not to be limited to,
the relocation of easements, walkways, and rights -of -way to
conform to the new boundaries of the said replatted lots.
10. MEMBERSHIP IN ASSOCIATION. By the recording of the
deed to his or her lot, the lot purchaser becomes and agrees to
become a member of the Kure By the Sea Owners Association, if and
when such an Association is formed, and agrees to abide by, and be
subject to, the charter and by-laws of the Association and these
Restrictions.
11. COVENANTS RUN WITH THE LAND. All covenants,
restrictions and affirmative obligations set forth in these
Restrictions shall run with the land and shall be binding on all
parties and persons claiming under them to specifically include,
but not be limited to, the successors and assigns, if any, of the
Company, for a period of ten (10) years from the date hereof after
which time all said covenants shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed
by a majority of the then owners of -the above numbered lots has
been recorded, agreeing to change said covenants in whole or in
part.
12. VIOLATIONS. In the event of a violation or breach of
any of these Restrictions by any lot owner, or agent of such
owner, the Company or owners of any other -property in KURE BY THE
SEA ALL PHASES, or any of them jointly or severally shall have the
right to proceed at law or equity to compel a compliance with the
terms hereof or to prevent a violation or breach. In addition to
the foregoing, the Company shall have the right, whenever there
shall have been built on any lot any structure which is in
violation of these restrictions to enter upon the lot on which
said violation exists and summarily abate or remove the same at
the expense of the owner, if thirty (30) days after written notice
of such violation it shall not have been corrected by the owner.
Any such entry and abatement for removal 1hall not be deemed a
VvFZ
\DW3\JOEDAVID\KUREDUNE.DEC APR 27
DLIQ

BUNK A;jE PAGE S
14552
trespass. The failure to enforce any right, reservations,
restrictions, or condition contained in these Restrictions,
however, long continued, shall not be deemed a waiver of the right
to do so hereafter as to the same breach, or as to a breach
occurring prior or subsequent thereto and shall not bar or affect
its enforcement.
13. DEDICATION TO PUBLIC USE. Nothing in these
Restrictions, nor in the recording of any plat or deed pursuant
hereto, shall dedicate (or be deemed to dedicate) to public use
any of the streets, common lands or other grounds within KURE BY
THE SEA.
14. No mail box or paper box or other receptacle of any kind
for use in the delivery of mail or newspaper or magazines or
similar material shall be erected or located on any building lot
unless and until the.size, location., design and type of material
for said box or receptacle shall have been approved by the
Company.
15. Exterior radio and television aerials for reception of
commercial broadcasts shall not be permitted in KURE BY THE SEA;
and no other aerials (for example, without limitation, amateur
short wave or ship to shore) shall be permitted in KURE BY THE SEA
without permission of the Company as to design, appearance and
location.
16. During construction all vehicles involved including
those delivering supplies must enter the building lot on the
driveway only as approved by the Company so as not to damage
unnecessarily natural vegetation and dunes. During construction
builder must keep the homes, garages, and building sites clean.
All building debris, stumps, bushes, etc., must be removed from
each building lot by builder as often as necessary to keep the
w
house and lot attractive. Such debris will not be dumped in any
area of the Subdivision.
17. No property owner will do or permit to be done any act
upon his property which may be or is or may become a nuisance to
any other property owner or resident. There shall be no
\DW3\JOEDAVID\KUREDUNE.DEC AP
I

$OUr• ;-AqE PAGE 9
14 5
discharging of firearms, guns or pistols, of any kind, caliber,
type, or method of propulsion.
18. No personal sign of any character shall be displayed
upon any part of the property without the Company's prior
approval. The Company, however reserves the right to display its
"for sale" or "for rent" signs without limitation for so long as
it is involved in developing the KURE BY THE SEA Project.
19. No animals, birds, or fowl shall be kept or maintained
on any part of the property except dogs, cats and pet birds, which
may be kept thereon in reasonable numbers as pets for the pleasure
and use of the occupants but not for any commercial use or
purpose.
20. Clotheslines or drying yards shall be located as not to
be visible from the street or common easement area serving the
premises or from the waterfront.
21. No trailers or habitable motor vehicles of any nature,
boats or canoes on or off trailers, may be parked on any part of
the property unless inside an enclosed garage. These prohibitions
also apply to the common easement area.
22. No individual water supply system shall be permitted
except a non -potable lawn irrigation system not connected to any
building. A shallow well may be permitted for such water supply.
The pump, pressuretank, and pump house, if any, shall be
considered structures.
23. Each and every covenant and restriction contained herein
shall be considered to be an independent and separate covenant and
agreement, and in the event any one or more of said covenants or
restrictions shall, for any reason, be held to be invalid, or
unenforceable, all remaining covenants and restrictions shall
nevertheless remain in full force and effect.
24. The Company may include in any contract or deed
hereafter made any additional covenants and restrictions that are
not inconsistent with and which do not lower the standards of the
covenants and restrictions set forth. herein.
25. If -the Company shall transfer or assign the development
of such Subdivision or if it shall be succeeded by another in the
', r.
\DW3\JOEDAVID\KUREDUNE.DEC

"AG PAGE lei
145! 1 J 5 4
development of such Subdivision, then such transferee, assignee,
or successor shall be vested with the several rights, powers,
privileges, or authorities given said Company by any part or
paragraph hereof. The foregoing provisions of this Paragraph
shall be automatic, but the Compan};, may execute such instrument as
it shall desire to evidence the vesting of the several rights,
powers, privileges, and authorities in such transferee, assignee,
or successor.
26. The covenants and restrictions herein shall be deemed to
be covenants running with the land, If any person claiming under
the Company shall violate or attempt to violate any of such
restrictions or covenants, it shah'. be lawful for the Company, or
any person or persons owning property in KURE BY THE SEA ALL
PHASES, and damaged by said violation: (A) To prosecute
proceedings at law for the recovery of damages against the person
or persons so violating or attempting to violate any such covenant
or restriction, or (B) to maintain a. proceeding in equity against
the person or persons so violating or attempting to violate any
such covenant or restriction for the purpose of preventing such
violation, provided however, that the remedies in this Paragraph
contained shall be construed as cumulative of all other remedies
now or hereafter provided by law. Without limiting the foregoing
provisions of this Paragraph, enforcement of these covenants and
restrictions :may be by the KURE BY THE SEA PROPERTY OWNERS'
ASSOCIATION, INC.
27. And the said Company hereby covenants and agrees that
every contract of sale or deed MELd.e by the Company wherein is
described any of the above residential lots of said land, to -wit:
Lots 23 through 44, shall include or be subject to, by reference
or otherwise, each and every covenant and restriction herein
written, or the substance thereof, and, subject to the reservation
herein, the Company shall conform urith and abide by the foregoing
covenants as to all of said lots.
IN WITNESS WHEREOF, the Declarant has caused this instrument
�C R ..:.
RECE��::�.
APR 2 7 1992
\DW3\JOEDAVID\KUREDUNE.DEC Wilmington Rpoonai OffIoa
I am t..

15J
to be signed in its name by its Partners, all on the day and year
first hereinabove written.
0611r
}.. .:;..
�x-ot(Asst.
4 'E SEAL)
�.
Secretary
KURE THE SEA LIMITED PARTNERSHIP
BY' THE SUSSEX EAST COMPANY,
GeneraMW-
Thomas .BY: D. W ight
President
°,�si�' NORTH CAROLINA,
rNrrrnr„s,
''COUNTY OF EW HANOV $'
2
I, , a Notary Public in and
for the unty of and St a North Carolina do
hereby certify tha- IFt � p onally
appeared before me this ay and acknowle ged that is
(Asst.) Secretary of THE SUSSEX EAST COMPANY, a North Carolina
corporation, GENERAL PARTNER OF KURE BY THE SEA, a North Carolina
Limited Partnership, and that by authority duly given and as the
act of the corporation, the foregoing instrument was duly signed
in its name by its President, sealed with its corporate
seal and attested by as its Secretary.
WITNESS my hand and notarial seal, .this 1 S'L-L day of
1989.
O. .
NOTARY PUBLIC
i:nn expires:
w
! - Jl - cj o
,
RECEIV", Z)
APR 2 7 1992
Mlmiw
\DW3\JOEDAVID\KUREDUNE.DEC
� �anal offeca

Door. = ,r,E
1 451 1 356
JOINDER AND CONSENT OF TRUSTEES AND BENEFICIARIES/MORTGAGEES
R. HOOKER THOMAS, III, Substitute Trustee, and PLANTERS
NATIONAL BANK AND TRUST COMPANY, Mortgagee, a National banking
Association, join in the execution of this Declaration of
Covenants, Conditions and Restrictions for the sole purpose of
subjecting, submitting and subordinating, and they, and each of
them, do hereby subject, submit and subordinate any and all right,
title and interest in the property known as Lots 23-44, KURE BY
THE SEA, Phase I, and shown on a map of said property recorded in
Map Book 29 at Page 151 of the New Hanover County Registry, that
they have, or either of them has, or may have, by virtuee of that
deed of trust recorded in Book 1358 at Page 171 of the New Hanover
County Registry to said Declaration, and every provision thereof,
and to the jurisdiction of KURE BY THE SEA OWNERS ASSOCIATION,
INC. as the same may be amended from time to time.
WITNESS 'WHEREOF, R. HOOKER THOMAS, III, SUBSTITUTE
,..has hereunto set his hand and seal, AND PLANTERS NATIONAL
ft;TRUST COMPANY, N.A. has caused this JOINDER AND CONSENT
,died in its corporate name by its duly authorized officers
�.,�porate seal to be hereunto affix d all by authority of
'='Qf Directors all on this the �� day of MAY, 1989.
Al 12�/�% (SEAL )
R. HOOKER THOMAS, III
SUBSTITUTE TRUSTEE .
PLANTERS NATION BANK & TRUST CO.
G1 �� BY: Ice
President
( CORPORATE SEAL)Si'J�/t7`
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
PERSONALLY APPEARED before me, "PAV i)o
Ili. i�t�! L��S
a Notary Public in and for the said ,County and State,
,
R. HOOKER
THOMAS, III, SUBSTITUTE TRUSTEE, who
acknowledged
the due
execution of the foregoing instrument for
the uses and
purposes
expressed.
.
�r'yv��p�,.��{{�� N ESS m hand and notarial
�,
hi r
� y seal
=
day of
- 0 17YI
.
>s•" G ■�' NOTARY PUBLIC
Yon expires: �— G �/
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
I, DAV(0 6 Plati'i.109 , a Notary Public in and for the
State and County aforesaid, do hereby certify that MIC(W.1,, Cam.
DOLL:VGL persoa peared before me this day and
nal
acknowledged that he is •Stiy of PLANTERS NATIONAL BANK
AND TRUST COMPANY, a National Banking Corporation, and that by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by itsl&ti,n_i-President,
sealed with its corporate seal and attested by its A%i.
n .. .,sue. _....
my hand
expires:
dEalulm
7) - day of
_t!961 -
APR 27
Wilmington Regiv;; a;
Dl:A
4
1