SW8890519_Current Permit_19920427

I I tip RECORDE.9 A`i') VERIFIE0
�. REliECCA �' Ut;!:ER
14 I; OE` C 'QA
STATE OF NORTH CAROLINA, APR I q 23
COUNTY OF NEW HANOVER. J
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE COVENANTS)
KURE BY THE SEA
THIS DECLARATION made this the 14th 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. 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 SEA hereinafter sometimes
referred to as "map", which map or plat is recorded in
Map Book r_Q9 at Page ISf in the Office of the
Register of Deeds of New Hanover County, North Carolina,
4- said 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 14, Jr,
16, 19, 20 and 21. of :�f "Ture. By `bAe 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 RETURNED TO

PAGE 2
i459 i. 761
parties having or acquiring any right, title
above named lots or any part thereof.
or interest i t %"*t '
.P A
Vii.�o
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 14, 15, 16, 19, 20 and 21, 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 14, 15, 16, 19, 20 and 21 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,
\DW3\JOEDAVID\KUREDUNE.DEC

PAGE 3
specifications, exterior colors and finishes, including brick
siding, etc., site and landscaping plans (showing the Kgposed
location, height and orientation of such building or st� ure,
drives, parking areas and proposed alterations to the grade,
elevation or physical characteristics of the site), construction schedule shall have beeapproved i s1. ,��.!Lti -��� bl' Fhde
Compn- Refusal of approval of any such plans, location orb
specifications may be based by the Company upon any gr ds:V
including purely aesthetic and environmental considerations, at*
in the sole and uncontrolled discretion of the Company shall e�
sufficient. Without the prior written consent of the Company, n m
changes or deviations in or from such plans or specifications a
approved shall be made. No alterations in the exterior appear.nce
of any building or structure, or in the grade, elevation, or
physical characteristics of any lot shall be made withwt4• 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.
T t-.-tarn 30l.l. .fio-otagcc of any 1®t shall die
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
and like areas. The s
(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,
\DW3\JOEDAVID\KUREDUNE.DEC

4 J W ? PAGE 4
however, that the foregoing considerations are given maximum
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 than 14 feet above
mean low water of the Atlantic Ocean or average dune height
whichever is greater.
(c) The exterior of all houses and other structures 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 ebew
placed below the first living floor provided suitable screening is
provided. Dv,
(e) Each lot owner shall provide receptacles for garbage, in
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a screened area not from the
generally visible road, or provide
underground receptacles or similar facility in accordance withi
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tip
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
tr
\DW3\JOEDAVID\KUREDUNE.DEC

Mir PAG= PAGE 5
1 452 1 7
thereon. In addition, no residence shall be converted to or
marketed under a time-share plan as defined by the General
Statutes of North Carolina.
(g) gf the 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) A11of 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
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within a screened area, or buried underground; provided, however,
0
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that nothing contained herein shall prevent the Company from
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erecting, placing or permitting the placing of tanks, or other
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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.
\DW3\JOEDAVID\KUREDUNE.DEC

PAGE 6
7. ENTRY. The Company reserves for itself, 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.
B. 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
DO
utilities on, in or over the rear ten (10) feet of each lot a ep
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
\DW3\JOEDAVID\KUREDUNE.DEC

475 PAGE 7
(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 may, at his or her
option, become a member of the Kure By the Sea Owners Association
if and when such an Association is formed, and if the purchaser
joins the Association he or she agrees to abide by, and be subject
to, the charter and by-laws of the Association and these
Restrictions.
11. C i'JErT.t NTS WIN WITS'_ THE L,Mr A1.1 co-✓Enant.3,
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, D
F
which time all said covenants shall be automatically extended for
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successive periods of ten (10) years, unless an instrument signed�0
by a majority of the then owners of the above numbered lots has P
been recorded, agreeing to change said covenants in whole or in
4,.. W . T
part.
12. .4r*":I:T _°:Gi3:3. In the event of a violation or breach of
any of these Restrictions by ary :act 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 .
�.r<::eec' at �}.°�� or u.i.}�,: .ca cc=ira ey. a comp' .ante wj;
terms hereof or t rent a violation 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.
\DW3\JOEDAVID\KUREDUNE.DEC

B0111 y 7 M 4
1452 1 476 PAGE 8
Any such entry and abatement for removal shall not be deemed a
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
a
commercial broadcasts shall not be permitted in KURE BY THE SEA; a
� s
�
and no other aerials (for example, without limitation, amateu�;
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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
\DW3\JOEDAVID\KUREDUNE.DEC

,.r PAGE 9
l4r�
J r
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.
o
The pump, pressure tank, and pump house, if any, shall be
m rah
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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
\DW3\JOEDAVID\KUREDUNE.DEC

BMA - P�A,E
1452 14?8 PAGE 10
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. restrictions herein shall be decried to
be covana"nf�sMnninq 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
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 foregoin o N
provisions of this Paragraph, enforcement of these covenants and
!V
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, 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, i,6�-�
IN WITNESS WHEREOF, the Declarant has caused this instrument
\DW3\JOEDAVID\KUREDUNE.DEC

Iet52e i4IS.
to be signed in its name by its Partners, all on the day and year
.first hereinabove written.
LP
t-
• f Asst . cretary
�►'�:'i CUR Q�Pt,F,V- E SEAL)
°1Ca'
fE•-OF NORTH CAROLINA,
COUNTY OF NEW HANOVEA.
for the County of 'e . A
hereby 'certify tliat
KURE THE SEA LIMITED PARTNERSHIP
BY: THE SUSSEX EAST COMPANY,
General pa ner
BY:
\�-WZAA-
ThomasWright
President
, a tary Public in and
and State f N h Carolina do
personally
appeared before me this day and acknowledge 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 elPresident, sealed with its corporate
seal and attested by as its Secretary.
ESS my hand and n tarial seal, his 3 day of
1989.
TARY PU LIC
L'ss on expires: '7. •{/u
RECEIVED
APR 2 7 199Z
Wilmington �0na! Mcs
\DW3\JOEDAVID\KUREDUNE.DEC
i

"
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 KURE BY THE SEA and
shown on a map of said property recorded in Map Book at Page
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.
IN WITNESS WHEREOF, R. HOOKER THOMAS, III, SUBSTITUTE
TRUSTEE, has hereunto set his hand and seal, AND PLANTERS NATIONAL
BANK AND TRUST COMPANY, N.A. has caused this JOINDER AND CONSENT
to be signed in its corporate name by its duly authorized officers
and its corporate seal to be hereunto affixed all by authority of
its Board.of..Directors all on this the iy day of APRIL, 1989.
SEAL
R. HOOKER THOMAS, III
=;,•':.�': �`!-�'�1'� ;�`•,, SUBSTITUTE TRUSTEE
ACY,.': PLANTERS NATIONAL BANK & TRUST CO.
.. , ..1f /J. • !, �1
2 t
Presiden
`L (O, RP, 6 E SEAL)4 yAfker
Pi�.CAROLINA,
' COtjNT`ir;(AF�:`.''NI�,W`•�.�HANQVER ,.
} ''01.l��l1�'•�.',, e'y'.'�,' .:._ ..1N:•ltari ,•cC.'e..';�':•"~:
PERSONALLY 'APPEARED before me f QY 9, , �T;:.Z•1 e;.�'ey
a NotaryPublic in and for the said C ��
County and State,'
THOMAS, III, SUBSTITUTE TRUSTEE, who acknowledged; t1fi•dual;, r
execution of of the foregoing instrument for the uses and=
therein expressed. ' t='= `'::•ti --i
WITNESS my hand and notarial seal, t is
a X
APRIL, 1989.
R
„fIf/9!1_ylNl
NOSY TUMAC
M commission s ' l;Y CO!•A?AI5SI0?1 EXPIRES OCT.16,1.990 {
y ion expire
( SEAL) APR 2 rl WK.,
STATE OF NORTH CAROLINA, 14knIROon Regional offics
COUNTY OF NEW HANOVE//R. ��''
I. J P��.e�� Af J�MMS , a Notary Pubic in and for the
State and County aforesaid, do hereby certify that
personally,_ appeared before me this day and
acknowledged that he of PLANTERS NATIONAL BANK
AND TRUST COMPANY, a National Banking Corporation, and that b
authorityduly "'
y given and as the .act of the corporation..,,'*
foregoing instrument was signed in its name by its SR.
sealed with its corporate seal and attested by s��•tir,str�r';�
WITNESS my hand and notarial seal, th s /__di��J nQ
APRIL, 1989.
NOTAR BLI
My commission expireM1:COA%j!SSIO,JEXPIRES OCT. 161P90
(SEAL)

1 4L I
„�•:uuurr,��,:
STATE OF NORTH CAROLINA
New Hanover County
Foregg ng
rtat of
✓lrr,t Cin�(l
,(No ies),Fublic /are
to be correct,ce„tified
This the d y of ��� 19 F
b cca Tuc r, Re is
/ 1 r of Deeds
r
Deputy Meet
i
RECEIVED
APR 2 7 1992
h WHmington Regional Office
k