SW8890508_Historical File_19890621

URAIiNAGE
DESIGN CALCULATIONS
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TM Ualrtl was prepared by: W. Talmage Jones, Atty., P. 0. Drawer 2178, Wilmington, N. C. 28402
QJ'TIXA1M DEED — QD•l Primed and for sale bylames Williams & Co., Inc., P. 0. Box 127, Yadkinville, N. C. 27055
STATE OF NORTH CAROLINA, NEW County.
THIS DEED, Made and entered into this 4th day of May 19_89_,byand between REGINAW D.
HILL AND WIFE, ANIZk W. HILL
of NOW Hiarx"r C_ounly and Stale of North Carolina, hereinafter called Grantor, and VASSILIOS A.
SAFFO, NICHMAS A. SUM AND ANTFiONY A. SAM
of New Hanover County and Stale of North Carolina, hereinafter called Grantee, whose permanent mailing address
is 3901 Oleander Drive, Wilmington, N. C. 28403
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt of which 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
110srn of Kure Beach Township, New Hammer County, North Carolina,
Oand more particularly described as follows:
BEING all of Lots 22 of PHASE I, KURE BY THE SEA, as the same
is shown on a mt^p thereof recorded in Map Book 29 at Page 151 of
the New Hanover County Registry, reference to which map is hereby
made for a more complete description.
TOGETHER with and subject to all of those rights, easements
and obligations set forth in Declaration of Articles, Covenants,
Conditions and Restrictions for PHASE 1, KURE BY THE SEA, together
with Exhibits thereto recorded in Book 1452 at Page 1467 of the
New Hanover County Registry.
RECORDED AND VERIFIED
REBECCA P. Tl1CrER.0
RECISTEf, OF DEI.i1S
NEW NAY;:.,cir CO. NC
Plan 9 3 se PPi °89
n Tn
To have and to hold the aforesaid lot or parcel of land and all privileges thereumo belonging to him, the Grantee, his heirs and/or successors
An# auiSris, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him.
I
The dalyitation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
4: 79 j

STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE,COVENANTS)
KURE BY THE SEA
THIS DECLARATION made this day of APRIL,.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. 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:
" 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..p-l.atw
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 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.

PAGE 2
parties having or acquiring any right, title or interest in the
above named lots or any part thereof.
1. DEFINITIONS. As used.in this Declaration of Restrictive
Covenants, the following terms shall. mean:
(a) "Declarant" (sometimes referred to as .the "Company" as
r..
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 necessaryor 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,
\DW3\JOEDAVID\KUREDUNE.DEC

PAGE 3
specifications, exterior colors and finishes, including 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 con'
rules adopted by the S-
provision may -be enforc(
its duly authorized agez
5. APPROVAL OF PLI
unless the proposed hou
footage of enclosed dwe
area" as used in the n
c
Lc S 110t5 �Z_g _ 1
Lq
®d 7 �o,c
11 G.
total enclosed area within a dWellina; provided, however, that
such term does not incli
and like areas.. The miz
square feet.
( b ) KURE BY THE S]
Since the establishment
lines for location of he
of houses both directly
homes with detrimental
preservation of land
vegetation, ecological and related considerations, variancesfor
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

PAGE 3
specifications, exterior colors and finishes, including 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
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