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Steven F. Siegel
ATTORNEY AT LAW
LUMINA STATION
1908 EASTWOOD ROAD
SUITE 320
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE [phone]
January 18, 2002
VIA HAND DELIVERY
Linda Lewis
North Carolina Department of Environment
And Natural Resources
Cardinal Drive
Wilmington, NC 28405
Re: Kirkwood at Arrondale
Dear Ms. Lewis,
TELEFAX 91 0-256- 1 104
RECEIVED
BAN 18 2002
DWQ
PROD # 5W 00053 O
Enclosed is a copy of the proposed Declaration of Covenants, Conditions and
Restrictions for Kirkwood at Arrondale.
Please call me with any questions.
Sincerely yours,
Steven F. Siegel
Enclosure
SFS/ss
Cc: Fogleman Saffo Turner, Inc.

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR KIRKWOOD
AT ARRONDALE
PHASE 1
THIS DECLARATION, made the day of , 2002, by
FOGLEMAN SAFFO TURNER INC., a North Carolina Corporation (hereinafter referred to as
"Declarant");
WHEREAS, Declarant is the owner or contract purchaser of certain property in New
Hanover County, North Carolina, which is more particularly described as follows;
See exhibit "A" attached hereto and incorporated herein by reference.
AND, WHEREAS, Declarant desires to provide for a uniform development of said
property so as to preserve its value and to protect the present and future owners thereof.
NOW, THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of protecting the value and desirability of,
and which shall run with the real property and be binding on all parties having any right, title or
interest in the described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. Association and HOA shall be used interchangeably to mean and refer to
KIRKWOOD AT ARRONDALE Homeowner's Association, Inc., a private, non-profit
corporation formed or to be formed by the developer primarily as a Homeowners Association for
the Lot owners in KIRKWOOD AT ARRONDALE, all of whom shall be members of the
Association. Bylaws of the Association are attached as exhibit "B".
Section 2. Common Area shall mean all real property owned by the Association for the
common use and enjoyment of the Owners. The Common area to be owned by the Association
at the time of the conveyance of the first Lot as described as follows:
All real property of the development excluding that which is directly beneath each
individual Lot.
Section 3. Declarant shall mean and refer to FOGLEMAN SAFFO TURNER INC. and
its successors and assigns, if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development. The address of the
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Declarant is 1904 Eastwood Road, Suite 212, Wilmington, North Carolina 28403.
Section 4. Lot shall mean and refer to those portions of the subdivision property
specifically allocated, platted and/or recorded as Lots for sale and/or use as single family or
townhouse residences.
Section 5. Owner shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation. Each Lot owner shall also be a member of the Association.
Section 6. Properties shall mean and refer to that certain real nronertv hereinhefore
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
ARTICLE II
PROPERTY RIGHTS
Section 1. OWNERS' EASEMENTS OF ENJOYMENT. Every Owner shall
have a right and easement of enjoyment in and to the Common Area which shall be appurtenant
to and shall pass with the title to every Lot, subject to the following provisions:
a. The right of Association to limit the number of guests of members;
b. The rights of the Association to suspend the voting rights and right to use of the
recreational facilities by an Owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to succeed sixty (60) days for any infraction
of its published rules and regulations;
c. The right of the Association to dedicate or transfer all or part of the Common Area to
any public agency, authority, or utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective
unless any instrument signed by two-thirds (2/3) of each class of members agreeing to
such dedicati. r. or transfer has been recorded;
d. The right of the Association to impose regulations for the use and enjoyment of the
Common Area and improvements thereon, which regulations may further restrict the use
of the Common Area.
Section 2. DELEGATION OF USE. Every Owner may delegate, in accordance with the
By -Laws, his right of enjoyment to the Common Area or facilities to the member of his family,
his tenants, or contract purchasers who reside on the property.
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ARTICLE III
EASEMENTS
Section 1. Easements are reserved as necessary in the Common Areas for installation
and maintenance of underground utilities and drainage facilities.
Section 2. The Association, acting through its officers, agents, servants, and/or
employees shall have the right of unobstructed access at all reasonable times to all properties as
may be reasonably necessary to perform any exterior maintenance to be done.
Section 3. Each Lot and all common areas and facilities are hereby subjected to an
easement for the landscaping, repair, maintenance, inspection, removal or other service of or to
all electricity, television, telephone, water, sewer, utility, drainage, and painting of the exterior
surfaces of all buildings and structures and the repair of all privacy fences on individual Lots or
other common areas and facilities, whether or not the cause of any or all of those activities
originates on the Lot in which the work must be performed.
Section 4. Ingress and egress is reserved for pedestrian traffic over, through and across
sidewalks, paths, walks and lanes as the same from time to time may exist upon the common
areas and facilities; and, for vehicular traffic over, through and across all streets as from time to
time may be paved and intended for such purposes, for all Lot owners in KIRKWOOD AT
ARRONDALE, their guests, families, invitees and lessees, the Association, the Declarant, its
successors and assigns. Declarant hereby reserves alienable easements over all streets and other
common areas as necessary to provide access for future development by Declarant or its
successors and assigns of any properties adjoining the Project.
Section 5. An easement is hereby granted to all police, fire protection, ambulance, and
all similar persons, companies or agencies performing emergency services to enter upon the Lots
and common areas in performance of their duties.
Section 6. In case of any emergency originating in or threatening any Lot or other
structure or the common areas and facilities, regardless whether the Lot owner is present at the
time of such emergency, the Board of Directors or any other person authorized by it, shall have
the right to enter any T t for the purpose of remedying or abating the causes of such emergency
and making any other necessary repairs not performed by the Lot owners, and such right of
entry shall be immediate.
Section 7. All easements and rights described herein are easements appurtenant, running
with the land, and shall inure to the benefit of and be binding on the undersigned, its successors
and assigns, and any owner, purchaser, mortgagee and other person having any interest in said
land, or any part or portion thereof, regardless of whether or not reference to said easement is
made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence
or obligation, to the easements and rights described in this Declaration.
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Section 8. The Declarant reserves the right to subject the real property in this
subdivision to a contract with Carolina Power & Light Company for the installation of street
lighting, which contract requires or will require a continuing monthly payment to Carolina
Power & Light Company for each residential customer for street lighting service.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of
the Association. Membership shall be appurtenant to and may not be separated from ownership
of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
a. Class "A". Class A members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as they among themselves determine, but in no event shall more than one (1)
vote be cast with respect to any Lot.
b. Gass "B". Class B member(s) shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. For the purpose of this Section, a "Lot" shall include any Lot
numbered 1 through 7 which is planned but not yet constructed. The Class B
membership shall cease and be converted to Class A membership on the happening of
either of the following events, whichever occurs earlier:
(1) when the total votes outstanding in Class A membership equals the total votes
outstanding in the Class B membership, or
(2) on Decmber 31, 2006.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENT. The Declarant, for each Lot owned within the Properties, hereby covenants,
and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
a. Annual assessments or charges, with each Lot owner being responsible for paying 1/7
of the operating expenses for common areas and facilities and maintaining the
landscaping on all Lots; and
b. Special assessments for capital improvements, such assessments to be established and
collected as hereinafter provided; and
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The annual and special assessments, together with interest, costs and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property
against which each assessment is made. Each such assessment, together with interest, costs and
reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due. The personal obligation for
delinquent assessments shall pass to the obligor's successors in title.
Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents in
the Properties and for the improvements and maintenance of the Common Area, the repair of all
privacy fences installed by the Declarant, if any, the repair, maintenance and upkeep of all
private streets situated upon the properties, the detention pond, drainage structures, drainage
easements, Stormwater Management Permit #SW8 000530, the entrance to Arrondale on
Carolina beach road and the payment of any taxes due on the common areas.
Section 3. MAXIMUM ANNUAL ASSESSMENT. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum annual
assessment shall be and No/100s Dollars ($. j per Lot.
a. From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment may be increased each year not
more than five percent (5 %) above the maximum. assessment for the previous year
without a vote of the membership.
b. From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment may be increased above five
percent (5 %) by a vote of two-thirds (2/3) of each class of members who are voting in
person or by proxy, at a meeting duly called for this purpose.
c. The Board of Directors may fix the annual assessment at an amount not in excess of
the maximum; provided that the Board of Directors may increase the amount of the
annual assessment to a maximum of and No/100s
Dollars ($ ) per Lot notwithstanding the provisions of subparagraphs "a"
and "b" above, and thereafter the limitations set forth in said su'opau-agraph shall apply to
an annual increase.
Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition
to the annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to the year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair or replacement of a capital improvement upon
the Common area, including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members
who are voting in person or by proxy at a meeting duly called for this purpose.
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Section 5. INSURANCE. It shall be the duty of the Association to maintain in effect
casualty and liability insurance upon the Common Areas and facilities, including the private
streets, as follows:
a. Amount and Scope of Insurance. All insurance policies upon the Common Areas and,
etc., shall be secured by the Board of Directors. Properties shall be secured by the Board
of Directors, or its designee on behalf of the Association with full authority which shall
obtain such insurance against (1) loss or damage by fire or other hazards normally
insured against, and (2) such other risks, including public liability insurance, as from
time to time shall be customarily required by private institutional Mortgage Investors for
projects similar in construction, location and use as the nronerties and the improvements
thereon all under such terms and conditions as the responsible authority shall determine.
However, such liability coverage shall be for a least $1,000,000.00 for bodily injury,
including death of persons and property damage arising out of a single occurrence.
Coverage under this policy shall include, without limitation, legal liability of the insured
for property damage, bodily injuries, and deaths of persons in connection with the
operation, or maintenance or use of the common areas and legal liability arising out of
lawsuits relating to employment contracts of the Association.
b. Insurance Provisions. The Board of Directors shall make diligent efforts to ensure
that said insurance policies provide for the following:
(1) A waiver of subrogation by the insurer as to any claims against the
Association, any officer, director, agent or employee of the Association, the Lot
Owners and their employees, agents, tenants and invitees.
(2) A waiver by the insurer of its right to repair and reconstruct instead of paying
cash.
(3) Coverage may not be canceled or substantially modified (including
cancellation for nonpayment of premium) without at least thirty days prior written
notice to the name insured and all mortgagees.
(4) Coverage will not be prejudiced by act or neglect of the Lot Owners when
said act or neglect is not within the control of the Association or by any failure of
the Association to comply with any warranty or condition regarding any portion
of the property over which the Association has no control.
(5) The insurance coverage on the property cannot be canceled, invalidated or
suspended on account of the conduct of any one or more individual Lot owners.
(6) The insurance coverage on the property cannot be canceled, invalidated or
suspended on account of the conduct of any officer or employee of the Board of
Directors without prior demand in writing that the Board of Directors cure the
defect and the allowance of a reasonable time thereafter within which the defect
may be cured by the Association, any Lot owner or any mortgagee.
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c. Premiums. All insurance policy premiums on the property for the benefit of the
Association purchased by the Board of Directors or its designee and any deductibles
payable by the Association upon loss shall be a common expense and the Association
shall levy against the Owners equally as an additional annual assessment, (herein called
"Insurance Assessment") which shall be in addition to the amounts provided for under
Section 3 above, an amount sufficient to pay the annual cost of all such insurance
premiums.
d. Proceeds. All insurance policies purchased pursuant to these provisions shall provide
that all proceeds thereof shall be payable to the Board as insurance trustee or to such
attorney -at -law or institution with trust powers as may be approved by the Board of
Directors.
e. Policies. All insurance policies purchased by the Board of Directors shall be with a
company or companies permitted to do business in the State of North Carolina and
holding a rating of "A" or better by the current issue of Best's Insurance Reports. All
insurance policies shall be written for the benefit of the Association and the Board of
Directors thereof, as their respective interest may appear, and shall provide that all
proceeds thereof shall be payable to the Board of Directors.
Section 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action
authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At any such meeting called, the presence
of members or of proxies entitled to cast fifty percent (50%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not present at any such
meeting, the members entitled to vote shall have the power to adjourn the meeting from time to
time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be
present or be represented. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 7. UNIFORM RATE OF ASSESSMENT. Both annual and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 8. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE
DATES. The annual assessments provided for herein shall commence as to all Lots on the first
day of the month following the conveyance of the Lot by Declarant to a purchaser for value,
except that annual assessments shall not commence for any Lot until a certificate of occupancy
has been issued for such Lot. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors shall fix the amount
to the annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of Directors and the Board of Directors
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shall have the authority to require the assessments to be paid in pro rata monthly installments.
The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether the assessments on a specified Lot have been
paid.
Section 9. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF
THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall
bear interest form the due date at the rate of twelve percent (12%) per annum. The Association
may bring an action at law against the Owner personally obligated to pay the same, or foreclose
the lien against the property. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 11. WORKING CAPITAL ASSESSMENT. At the time title to a Lot is
conveyed to any owner, each owner shall contribute to the Association as a working capital
reserve an amount equal to a two months estimated common area assessment. Such funds shall
be used solely for initial operating and capital expenses of the Association, such as pre -paid
insurance, supplies and for the common areas and facilities, furnishings and equipment, etc.
Amounts paid into the working capital fund are not to be considered as advance payment of
regular assessments. Any working capital funds remaining at the end of the first full operating
year shall be transferred to and become part of the general funds of the Association, at the
discretion of the Board of Directors.
ARTICLE VI
FIDELITY BONDS
Section 1. GENERAL. The Association shall maintain blanket fidelity bonds for all
officers, directors, employees and all other persons handling or responsible for funds of the
Association. If the Association shall delegate some or all the responsibility for the handling of
its funds to a management agent, such fidelity bonds shall be maintained by such management
agent for its officers, employees and agents handling or responsible for funds of or administered
on behalf of the Association.
Section 2. AMOUNT OF COVERAGE. The total amount of fidelity bond coverage
required shall be based upon best business judgment and shall not be less than the estimated
maximum of funds, including reserve funds, in the custody of the Association or the management
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agent, as the case may be, at any given time during the term of each bond. However, in no
event may the aggregate amount of such bonds be less than a sum equal to three months
aggregate assessments on all Lots plus reserve funds.
Section 3. OTHER REQUIREMENTS. Fidelity bonds required herein must meet the
following requirements:
a. Fidelity bonds shall name the Association as an obligee.
b. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon
the exclusion of persons servings without compensation from the definition of
"employees", or similar terms or expressions.
c. The premiums on all bonds required herein for the Association (except for premiums
on fidelity bonds maintained by a management agent for its officers, employees and
agents) shall be paid by the Association as a common expense.
d. The bonds shall provide that they may not be canceled or substantially modified
(including cancellation for nonpayment of premium) without at least a ten (10) day prior
written notice to the Association, to any insurance trustee and each eligible mortgage
holder.
ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. No building, fence, wall or other structure shall be commenced, erected or
maintained upon the Properties, nor shall any exterior addition to or change or alteration therein
be made until the plans and specifications showing the nature, kind, shape, heights, color,
materials and location of the same shall have been submitted to and approved in writing as to
harmony of external design and location in relation to surrounding structures and topography by
a majority of the Board of Directors of the Association or an architectural committee composed
of three (3) or more representatives appointed by the Board. In the event said Board, or its
designated committee, fails to approve or disapprove such design and location within thirty (30)
days after said plans and specifications have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
Section 2. No house plans will be approved unless the proposed house shall have a
minimum of 900 square feet of enclosed dwelling area. The term "enclosed dwelling area" as
used in the minimum requirements shall be the total enclosed area within a dwelling; provided,
however, that such term does not included garages, terraces, decks, open porches, and like
areas; provided, further, that shed type porches, even though attached to the house are
specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
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Section 3. Since the establishment of inflexible building setback lines for locations of
houses on Lots tends to force construction of houses directly to the side of other homes with
detrimental effects of privacy, view, preservation of important trees and other vegetation,
ecological and related considerations, no specific setback lines are established by these
Restrictions. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the architectural control committee.
Section 4. The exterior of all houses and other structures must be completed within
twelve (12) months after the construction of same shall have 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. During construction each Lot must be
cleared of all unnecessary debris at least once a week.
Section 5. No structure, except as hereinafter provided, shall be erected, altered, placed
or permitted to remain on any Lot other than a single family dwelling not to exceed two stories
in height, unless the architectural control committee approves in writing a structure of more than
two stories pursuant to these Declarations, provided the use of such dwelling or accessory
building does not in the opinion of the architectural control committee overcrowd the site, and
provided further, that such buildings are not used for any activity normally conducted as a
business.
Section 6. Service utilities, fuel tanks, clothes lines, wood piles and trash and garbage
accumulations are to be enclosed within the Lot so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision.
Section 7. Off street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which
parking areas and the driveways thereto shall be constructed of concrete, brick, or asphalt. On
street parking shall be limited to guest parking.
Section 8. All duties and responsibilities conferred upon the Board or the Architectural
Control Committee by this Declaration or the Bylaws of the Association shall be exercised and
performed by the Declarant or its Designee, so long as Declarant shall own any Lot in the
Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this
Declaration.
Section 9. The impervious surface limitation coverage proposed on each Lot is
consistent with the requirements of the Department of Environmental Management coastal storm
water regulations. Each Lot shall contain impervious surfaces as defined by said regulations not
in excess of 3500 square feet. This allotted amount includes any built -upon area constructed
within the property boundaries and that portion of the right-of-way between the front lot line and
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the edge of the pavement. Built -upon area includes but is not limited to structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas but does not include raised, open
wood decking or the water surface of swimming pools. At no time shall the total impervious
surface coverage on all Lots which have construction existing or approved thereon exceed the
amount of impervious surfaces determined by multiplying the number of such unproved lots by
3500 square feet. The impervious surface of the pool and club area will not exceed 10,200.
Section 10. All runoff from the built -upon areas of the lot must drain into the permitted
system. This may be accomplished through roof drain gutters which drain to the street, grading
the lot to drain toward the street or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these measures.
Lots 105-119 are to be graded such that one-half of the flow drains toward the front of the lot
and one-half of the flow drains toward the back of the lot and all other lots must be graded such
that all runoff drains toward the front of the lot.
Section 11. These covenants are intended to ensure the ongoing compliance with State
Storm Water Management Permit Number SW8 000530, as issued by the Division of Water
Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the storm water management
permit. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State.
ARTICLE VIII
USE RESTRICTIONS
Section 1. LAND USE AND BUILDING TYPE. All land shall be used for residential
purposes except that so long as the Declarant shall retain ownership of any Lots, it may utilize
any such Lot or Lots for sales or rentals, offices, models or other usage for the purposes of
selling or renting Lots within said project. The Declarant may assign this limited commercial
usage right to any other person or entities as it may choose; provided, however, that when all
Lots have been sold, this right of commercial usage by the Declarant, its successors and assigns
shall immediately cease. No Building shall be erected, altered, placed or permitted to remain on
any Lot other than one single family dwelling not to exceed one story in height. Any building
erected, altered, placed or permitted to ren.=* on any Lot shall be subject to the provisions of
Article VII of this Declaration of Covenants, Conditions and Restrictions relating to architectural
control.
Section 2. NUISANCES. No noxious or offensive activity shall be carried on, in or
around any Lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
Section 3. JUNK VEHICLES. No inoperable vehicle or vehicle without current
registration and insurance will be permitted on the premises. The Associations shall have the
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right to have all such vehicles towed away at the owner's expense.
Section 4. FOR SALE SIGNS PROHIBITED. No "For Sale" signs or any other signs
shall be permitted on any Lot or in the common areas and facilities, except that a "For Sale" sign
or signs may be displayed by the Declarant on any Lot or Lot in the project so long as Declarant
owns any Lot in the Properties.
Section 5. TEMPORARY STRUCTURES. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn, doghouse, or other outbuilding shall be used on any
Common Area any time either temporarily or permanently except during construction by the
developer.
Section 6. RECREATIONAL VEHICLES. No boat, motor boat, camper, trailer, motor
or mobile homes, or similar type vehicle, shall be permitted to remain on any Lot yard or in
parking spaces, at any time, unless by consent of the Association, and if properly stored out of
sight in garages.
Section 7. ANIMALS. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free and are at all times properly leashed and
personally escorted.
Section 8. OUTSIDE ANTENNAS. No outside radio or television antennas shall be
erected on any Lot or dwelling Lot within the Properties unless and until permission for the same
has been granted by the Board of Directors of the Association or its architectural control
committee.
Section 9. EXTERIOR LIGHTS. All light bulbs or other lights installed in any fixture
located on the exterior of any building or any Lot shall be clear, white, or non -frost lights or
bulbs as approved by the KIRKWOOD AT ARRONDALE Homeowner's Association.
Section 10. MAIL AND PAPER BOXES. Each Lot shall have one mail box at the
common_ post office cluster box and one paper box vrhich design shall be approved by the
Association.
Section 11. YARD MAINTENANCE. Each Lot Owner will keep their front, rear and
side yards in a neat and orderly manner.
ARTICLE IX
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Except as provided in Sections 2 and 3, below, annexation of additional
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property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3)
of the Class B members, if any, at a meeting duly called for this purpose, written notice of which
shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting.
Section 2. If the Declarant, its successors or assigns, shall develop all or any portion of
any land contiguous to or within one mile from the property which is subject to this Declaration,
such additional tract or tracts may be annexed to said Properties without the assent of the Class A
members, provided however, the development of the additional tract described in this section
shall be in accordance with the same general scheme of development as Phase 1 of KIRKWOOD
AT ARRONDALE including patio homes, townhouses and condominiums..
Section 3. The rights of Declarant reserved in Section 2 above shall expire automatically
on December 31, 2006, if not exercised prior thereto.
ARTICLE X
GENERAL PROVISIONS
Section 1. WATER, SEWER SERVICE AND OTHER UTILITIES. City of
Wilmington, New Hanover County or a private utility company sewer service and water service
for the development shall be provided and no private well shall be permitted on any Lot except
for irrigation purposes approved by the KIRKWOOD AT ARRONDALE Homeowner's
Association, and then only with the consent of the utility company, its successors or assigns.
Section 2. ENFORCEMENT. The Association, or any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by an owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter. The Association shall have
the right to remedy any breach of these Declarations and assess costs against the offender as a
special assessment.
Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
Section 4. LOTS SUBJECT TO DECLARATION. All present and future owners,
tenants and occupants of dwellings and their guests or invitees, shall be subject to and shall
comply with the provisions of the Declaration, and as the Declaration may be amended from
time to time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of the
Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and
restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association,
13

or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns, and
shall run with and bind the land and shall bind any person having at any time any interest or
estate in any Lot as though such provisions were made a part of each and every deed of
conveyance or lease.
Section 5. BOAT AND RECREATIONAL VEHICLE STORAGE. Lot Owners may
have to the right to store boats on trailers and recreational vehicles at a location designated on the
recorded plat of KIRKWOOD AT ARRONDALE, subject to the rules and regulation established
by the Declarant or its successors.
Section 6. POOL CLUB. Lot Owners and the Owners of Lots in Arrondale Phase I
who purchased their Lots from Arrondale, LLC, will have the right to buy membership in the
Kirkwood at Arrondale Pool Club, subject to the rules and regulations established by the
Declarant or its successors.
Section 7. STORM WATER PERMIT AND MAINTENANCE. When control of the
Homeowners Association passes to the property Owners from the Declarant, the Storm Water
Permit from the State of North Carolina and its maintenance will be taken over by the
Homeowners Association
Section 8. AMENDMENT OF DECLARATION. The covenants and restrictions of this
Declaration may be amended by an instrument duly recorded in the Office of the Register of
Deeds of New Hanover County signed by not less than sixty-seven (67 %) percent of the Lot
Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as herein provided, or affect any lien for the payment
thereof established herein. In no event may the Declaration be amended so as to deprive the
Declarant of any rights herein granted or reserved unto Declarant, including the right of
Declarant to develop contiguous and to extend the scheme of this Declaration to such other
property by the recording of subsequent Declarations as herein provided. Not withstanding the
foregoing, the Declarant shall have the right to make amendments to this Declaration, without
the other Lot Owners consent, as long as the Declarant's interest represents sixty-seven (67 %)
percent of the votes of the Association. Not withstanding the foregoing, the provision of the
covenants pertaining to stormwater, may not be altered or rescinded without the express written
co-ment of the State of North Carolina Division of Water Quality.
14

IN WITNESS WHEREOF, FOGLEMAN SAFFO TURNER INC., the Declarant, has
caused this instrument to be executed by its proper corporate officers, this the day of
.2002.
DECLARANT:
FOGLEMAN SAFFO TURNER INC.
I�
F. M. FOGLEMAN - President
(CORPORATE SEAL)
ATTEST:
TERRY F. TURNER - Secretary
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of the County and Sate
aforesaid certify that TERRY F. TURNER personally came before me this day and
acknowledged that he is the Secretary of FOGLEMAN SAFFO TURNER INC.., a North
Carolina Corporation, and that by authority duly given and as an act of the Corporation, the
foregoing instrument was signed in its name by its President, sealed with its corporate seal and
attested by him as its Secretary.
Witness my hand and official stamp or seal, this the day of ,
2002.
My Commission Expires:
15
Notary Public

P. 1
COMMUNICATION RESULT REPORT ( OCT. 3.2001 4:20PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-----------------------------------------------------------------------------------------------
278 MEMORY TX 9-7635631 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F, Easley, Governor
William G. Ross, Jr., secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SIMET
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quallty
Wilmington Regional Office
Ditto: October 3, 2001 No, of Pages: 3 A0--
To: Charles Caxier From: Linda Levis
Company: Tripp Emginecrimag Wateit Quality Section - Stormwater
FAX 9: 763-5631 FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 000530 Modification,
Project Name: K4rkvrood at Arronda e
MESSAGE:
Charlie:
i cannot permit this project without first seeing the modified restriptions. Please su4bmmit a copy,

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
September 27, 2001
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Kirkwood Subdivision
SW8 000530
New Hanover County, NC
TE 00012
Dear Linda:
SEP 2 8 2001
Enclosed please find two (2) sets of revised plans for the above referenced project. We
have provided all necessary seeding specifications. The deed restrictions will be provided
upon recording.
Please review for approval and contact us with any questions, comments or if you need
additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline �-ing
JK: dcb
Enc.

dot wry,
Michael F. Easley, Governor
`-- William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional office
FAX COVER SHEET
Date: August 30, 2001 No. of Pages: 3
To: Charles Cazier From: Linda Lewis
Company: Tripp Engineering Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 000530 Modification
Project Name: Kirkwood at Arrondale
MESSAGE:
Charlie:
The. proposed restrictions do not address the grading requirement. The restrictions must statc that Lots 105-119
are to be graded such that 1/2 flows toward the front and 1/2 flows toward the back and that the remaining lots
must be graded such that all runoff flows toward the front.
The proposed restrictions do not contain all of the required statements as indicated on the second and third
pages of this fax. Please add.
The section of the restrictions which talks about the purpose of the assessments does not specifically mention
the maintenance of drainage easements and the detention ponds, other than to lump it in with the Common Area.
Please specify that the detention pond, drainage structures and drainage easements are to be maintained by the
HOA after the Developer transfers ownership and Stormwater Management Permit 4SW8 000530.
The restrictions also do not address the pool and parking area built -upon limits. Please add.
Where is the seeding schedule for the pond vegetation shown on the plans. I cannot find it.
S:\WQS\STORMWATAADDINFO\000530.AUG
No o
N. C. Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 [phone] Fax [phone] Customer Service
800 623-7748

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions
and protective covenants are required for certain developments where lots will be subdivided and sold. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface
area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants
must be recorded prior to issuing the Stormwater Management Permit:
For All Projects::
01. The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
�-/ compliance with the stormwater management permit.
03. These covenants are to run with the land and be binding on all persons and parties claiming under them.
The covenantspertaining to stormwater may not be altered or rescinded without the express written consent
�-/ of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of
the State.
In addition to all 5 above, restrictions for Low Density Subdivisions
1. The maximum allowable built -upon area per lot is square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick stone, slate, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
2 Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development
except for average driveway crossings, is strictly prohibited by any persons.
3. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters.
4. All roof drains shall terminate at least 30'from the mean high water mark.
In addition to all of the above, these restrictions apply if a low density subdivision has curb and gutters:
Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons.
2. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan
must be maintained at a minimum of 100' long with 5:1 (H.- V) side slopes or flatter, have a longitudinal
slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a
dense vegetated cover.
In addition to the above, this restriction applies if any lots lie within CAMA's AEC:
"Lots within CAMA's Area of Environmental Concern may have the permitted maximum built -upon area
reduced due to CAMA jurisdiction within the AEC "
1

CForgh Density Residential or Commercial Subdivisions:
The maximum allowable built -upon areaper lot is square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
02-
All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through providing roofdrain gutters which drain to the street, grading the lot to drain toward
the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
For Shopping Centers with outparcels or future development:
The maximum built -upon area for outparcel (s) and future areas shown on the approved plans is
square feet. This allotted amount includes any built -upon area constructed within the property boundaries,
and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of swimming pools.
2. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted
stormwater control system.
3. Built -upon area in excess of the permitted amount will require a permit modification.
4. The connection from the outparcel's collection system into the stormwater control shall be made such that
short-circuiting of the system does not occur.
2

Entity Names
http://www.secretary.state.nc.us/Corporations/Corp.asp?4791
Corporation Names
Name
FOGLEMAN SAFFO TURNER INC.
Business Corporation Information
SOSID: 0517030
Status: Current -Active Name
Date Formed: 1/19/2000
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Agent Name:
Registered Office
Address:
Registered Mailing
Address:
Date: 8/30/2001
Document Filings
TURNER, TERRY F
3901 Oleander Drive
Wilmington NC 28403
PO Box 4517
Wilmington NC 28406
o� *
Name Type
Legal NC
Principal Office No Address Listed
Address:
Principal Mailing No Address Listed
Address:
1 of 1 8/30/2001 10:31 AM

STATE OF NORTH CAROLINA L
A -RATION OF COVENANTS,
RESTRICTIONS
COUNTY OF NEW HANOVER KWOOD
ONDALE
PHASE 1
THIS DECLARATION, made the day of , 2001, by FOGLEMAN
SAFFO TURNER INC., a North Carolina Corporation (hereinafter referred to as 'Declarant");
WHEREAS, Declarant is the owner or contract purchaser of certain property in New
Hanover County, North Carolina, which is more particularly described as follows;
See exhibit "A" attached hereto and incorporated herein by reference.
AND, WHEREAS, Declarant desires to provide for a uniform development of said property
so as to preserve its value and to protect the present and future owners thereof.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above
shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and which shall run
with the real property and be binding on all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. Association and HOA shall be used interchangeably to mean and refer to
KIRKWOOD AT ARRONDALE Homeowner's Association, Inc., a private, non-profit corporation
formed or to be formed by the developer primarily as a Homeowners Association for the Lot owners
in KIRKWOOD AT ARRONDALE, all of whom shall be members of the Association. Bylaws of
the Association are attached as exhibit "B".
Section 2. Common Area shall mean all real property owned by the Association for the
common use and enjoyment of the Owners. The Common area to be owned by the Association at
the time of the conveyance of the first Lot as described as follows:
All real property of the development excluding that which is directly beneath each individual
Lot.
Section 3. Declarant shall mean and refer to FOGLEMAN SAFFO TURNER INC. and 'its
successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot
from the Declarant for the purpose of development. The address of the Declarant is 109 Hinton
Avenue, #7, Wilmington, North Carolina 28403.
RECEIVED
' - JUL 2 0 2001
DWQ
PROJ # SGy5P6CX�S30

Section 4. Lot shall mean and refer to those portions of the subdiNtision property specifically
allocated, platted and/or recorded as Lots for sale and/or use as single family residences.
Section 5. Owner shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers,
but excluding those having such interest merely as security for the performance of an obligation.
Each Lot owner shall also be a member of the Association.
Section 6. Properties shall mean and refer to that certain real property hereinbefore
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
ARTICLE II
PROPERTY RIGHTS
Section 1. OWNERS' EASEMENTS OF ENJOYMENT. Every Owner shall have a
right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following provisions:
a. The right of Association to limit the number of guests of members;
b. The rights of the Association to suspend the voting rights and right to use of the
recreational facilities by an Owner for any period during which any assessment against his
Lot remains unpaid; and for a period not to succeed sixty (60) days for any infraction of its
published rules and regulations;
c. The right of the Association to dedicate or transfer all or part of the Common Area to any
public agency, authority, or utility for such purposes and subject to such conditions as may
be agreed to by the members. No such dedication or transfer shall be effective unless any
instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication
or transfer has been recorded;
d. The right of the Association to impose regulations for the use and enjoyment of the
Common Area and improvements thereon, which regulations may further restrict the use of
the Common Area.
Section 2. DELEGATION OF USE. Every Owner may delegate, in accordance with the By -
Laws, his right of enjoyment to the Common Area or facilities to the member of his family, his
tenants, or contract purchasers who reside on the property.
ARTICLE III
EASEMENTS
2

Section 1. Easements are reserved as necessary in the Common!Areas for installation and
maintenance of underground utilities and drainage facilities.
Section Z. The Association, acting through its officers, agents, servants, and/or employees
shall have the right of unobstructed access at all reasonable times to all properties as may be
reasonably necessary to perform any exterior maintenance to be done.
Section 3. Each Lot and all common areas and facilities are hereby subjected to an easement
for the landscaping, repair, maintenance, inspection, removal or other service of or to all electricity,
television, telephone, water, sewer, utility, drainage, and painting of the exterior surfaces of all
buildings and structures and the repair of all privacy fences on individual Lots or other common
areas and facilities, whether or not the cause of any or all of those activities originates on the Lot in
which the work must be performed.
Section 4. Ingress and egress is reserved for pedestrian traffic over, through and across
sidewalks, paths, walks and lanes as the same from time to time may exist upon the common areas
and facilities; and, for vehicular traffic over, through and across all streets as from time to time may
be paved and intended for such purposes, for all Lot owners in KIRKWOOD AT ARRONDALE,
their guests, families, invitees and lessees, the Association, the Declarant, its successors and assigns.
Declarant hereby reserves alienable easements over all streets and other common areas as necessary
to provide access for future development by Declarant or its successors and assigns of any properties
adjoining the Project.
Section 5. An easement is hereby granted to all police, fire protection, ambulance, and all
similar persons, companies or agencies performing emergency services to enter upon the Lots and
common areas in performance of their duties.
Section 6. In case of any emergency originating in or threatening any Lot or other structure
or the common areas and facilities, regardless whether the Lot owner is present at the time of such
emergency, the Board of Directors or any other person authorized by it, shall have the right to enter
any Lot for the purpose of remedying or abating the causes of such emergency and making any other
necessary repairs not performed by the Lot owners, and such right of entry shall be immediate.
Section 7. All easements and rights described herein are easements appurtenant, running
with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and
assigns, and any owner, purchaser, mortgagee and other person having any interest in said land, or
any part or portion thereof, regardless of whether or not reference to said easement is made in the
respective deeds of conveyance, or in any mortgage or trust deed or other evidence or obligation, to
the easements and rights described in this Declaration.
Section 8. The Declarant reserves the right to subject the real property in this subdivision to
a contract with Carolina Power & Light Company for the installation of street lighting, which
3

contract requires or will require a continuing monthly payment to Carolina Power & Light Company
for each residential customer for street lighting service. i
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
a. Class "A". Class A members shall be all Owners with the exception of the Declarant and
shall be entitled to one vote for each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as they among themselves determine, but in no event shall more than one (1) vote
be cast with respect to any Lot.
b. Class "B". Class B member(s) shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. For the purpose of this Section, a "Lot" shall include any Lot
numbered 1 through 7 which is planned but not yet constructed. The Class B membership
shall cease and be converted to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(1) when the total votes outstanding in Class A membership equals the total votes
outstanding in the Class B membership, or
(2) on Decmber 31, 2006.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENT. The Declarant, for each Lot owned within the Properties, hereby covenants, and
each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association:
a. Annual assessments or charges, with each Lot owner being responsible for paying in of
the operating expenses for common areas and facilities and maintaining the landscaping on
all Lots; and
b. Special assessments for capital improvements, such assessments to be established and
collected as hereinafter provided; and
The annual and special assessments, together with interest, costs and reasonable attorney's
fees, shall be a charge on the land and shall be a continuing lien upon the property against which
4

each assessment is made. Each such assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall pass to the obligor's successors in title.
Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the
Properties and for the improvements and maintenance of the Common Area, the repair of all privacy
fences installed by the Declarant, the landscaping and maintenance of all yards of all Lots, the repair,
maintenance and upkeep of all private streets situated upon the properties, and the payment of any
taxes due on the common areas.
Section 3. MAXIMUM ANNUAL ASSESSMENT. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum annual
assessment shall be and No/100s Dollars ($, per Lot.
a. From and after January 1 of the year immediately following the conveyance of the first
Lot to an Owner, the maximum annual assessment may be increased each year not more than
five percent (5%) above the maximum assessment for the previous year without a vote of the
membership.
b. From and after January 1 of the year immediately following the conveyance of the first
Lot to an Owner, the maximum annual assessment may be increased above five percent (5%)
by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy,
at a meeting duly called for this purpose.
c. The Board of Directors may fix the annual assessment at an amount not in excess of the
maximum; provided that the Board of Directors may increase the amount of the annual
assessment to a maximum of and No/100s Dollars
($ ) per Lot notwithstanding the provisions of subparagraphs "a" and "b"
above, and thereafter the limitations set forth in said subparagraph shall apply to an annual
increase.
Section �4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to
the annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to the year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of a capital improvement upon the
Common area, including fixtures and personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are
voting in person or by proxy at a meeting duly called for this purpose.
Section 5. INSURANCE. It shall be the duty of the Association to maintain in effect
casualty and liability insurance upon the Common Areas and facilities, including the private streets,

as follows:
a. Amount and Scope of Insurance. All insurance policies upon the Common Areas and,
etc., shall be secured by the Board of Directors. Properties shall be secured by the Board of
Directors, or its designee on behalf of the Association with full authority which shall obtain
such insurance against (1) loss or damage by fire or other hazards normally insured against,
and (2) such other risks, including public liability insurance, as from time to time shall be
customarily required by private institutional Mortgage Investors for projects similar in
construction, location and use as the properties and the improvements thereon all under such
terms and conditions as the responsible authority shall determine. However, such liability
coverage shall be for a least $1,000,000.00 for bodily injury, including death of persons and
property damage arising out of a single occurrence. Coverage under this policy shall include,
without limitation, legal liability of the insured for property damage, bodily injuries, and
deaths of persons in connection with the operation, or maintenance or use of the common
areas and legal liability arising out of lawsuits relating to employment contracts of the
Association.
b. Insurance Provisions. The Board of Directors shall make diligent efforts to ensure that
said insurance policies provide for the following:
(1) A waiver of subrogation by the insurer as to any claims against the Association,
any officer, director, agent or employee of the Association, the Lot Owners and their
employees, agents, tenants and invitees.
(2) A waiver by the insurer of its right to repair and reconstruct instead of paying
cash.
(3) Coverage may not be canceled or substantially modified (including cancellation
for nonpayment of premium) without at least thirty days prior written notice to the
name insured and all mortgagees.
(4) Coverage will not be prejudiced by act or neglect of the Lot Owners when said
act or neglect is not within the control of the Association or by any failure of the
Association to comply with any warranty or condition regarding any portion of the
property over which the Association has no control.
(5) The insurance coverage on the property cannot be canceled, invalidated or
suspended on account of the conduct of any one or more individual Lot owners.
(6) The insurance coverage on the property cannot be canceled, invalidated or
suspended on account of the conduct of any officer or employee of the Board of
Directors without prior demand in writing that the Board of Directors cure the defect
and the allowance of a reasonable time thereafter within which the defect may be
cured by the Association, any Lot owner or any mortgagee.
c. Premiums. All insurance policy premiums on the property for the benefit of the
Association purchased by the Board of Directors or its designee and any deductibles payable
by the Association upon loss shall be a common expense and the Association shall levy
N

against the Owners equally as an additional annual assessment, (herein called "Insurance
Assessment) which shall be in addition to the amounts provided for under Section 3 above,
an amount sufficient to pay the annual cost of all such insurance premiums.
d. Proceeds. All insurance policies purchased pursuant to these provisions shall provide that
all proceeds thereof shall be payable to the Board as insurance trustee or to such attorney -at -
law or institution with trust powers as may be approved by the Board of Directors.
e. Policies. All insurance policies purchased by the Board of Directors shall be with a
company or companies permitted to do business in the State of North Carolina and holding a
rating of "A" or better by the current issue of Best's Insurance Reports. All insurance
policies shall be written for the benefit of the Association and the Board of Directors thereof,
as their respective interest may appear, and shall provide that all proceeds thereof shall be
payable to the Board of Directors.
Section 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action
authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more
than sixty (60) days in advance of the meeting. At any such meeting called, the presence of
members or of proxies entitled to cast fifty percent (50%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not present at any such meeting,
the members entitled to vote shall have the power to adjourn the meeting from time to time, without
notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be
represented. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 7. UNIFORM RATE OF ASSESSMENT. Both annual and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 8. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE
DATES. The annual assessments provided for herein shall commence as to all Lots on the first day
of the month following the conveyance of the Lot by Declarant to a purchaser for value, except that
annual assessments shall not commence for any Lot until a certificate of occupancy has been issued
for such Lot. The first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors shall fix the amount to the annual
assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates
shall be established by the Board of Directors and the Board of Directors shall have the authority to
require the assessments to be paid in pro rata monthly installments. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid.
Section 9. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF
7

THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall bear
interest form the due date at the rate of twelve percent (12%) per annum. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose the lien against
the property. No Owner may waive br otherwise escape liability for the assessments provided for
herein by non-use of the Common Area or abandonment of his Lot.
Section 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien
thereof.
Section 11. WORKING CAPITAL ASSESSMENT. At the time title to a Lot is conveyed
to any owner, each owner shall contribute to the Association as a working capital reserve an amount
equal to a two months estimated common area assessment. Such funds shall be used solely for
initial operating and capital expenses of the Association, such as pre -paid insurance, supplies and for
the common areas and facilities, furnishings and equipment, etc. Amounts paid into the working
capital fund are not to be considered as advance payment of regular assessments. Any working
capital funds remaining at the end of the first full operating year shall be transferred to and become
part of the general funds of the Association, at the discretion of the Board of Directors.
ARTICLE VI
FIDELITY BONDS
Section 1. GENERAL. The Association shall maintain blanket fidelity bonds for all
officers, directors, employees and all other persons handling or responsible for funds of the
Association. If the Association shall delegate some or all the responsibility for the handling of its
funds to a management agent, such fidelity bonds shall be maintained by such management agent for
its officers, employees and agents handling or responsible for funds of or administered on behalf of
the Association.
Section 2. AMOUNT OF COVERAGE. The total amount of fidelity bond coverage
required shall be based upon best business judgment and shall not be less than the estimated
maximum of funds, including reserve funds, in the custody of the Association or the management
agent, as the case may be, at any given time during the term of each bond. However, in no event
may the aggregate amount of such bonds be less than a sum equal to three months aggregate
assessments on all Lots plus reserve funds.
Section 3. OTHER REQUIREMENTS. Fidelity bonds required herein must meet the
following requirements:

a. Fidelity bonds shall name the Association as an obligee.
b. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the
exclusion of persons servings 'without compensation from the definition of "employees", or
similar terms or expressions.
c. The premiums on all bonds required herein for the Association (except for premiums on
fidelity bonds maintained by a management agent for its officers, employees and agents)
shall be paid by the Association as a common expense.
d. The bonds shall provide that they may not be canceled or substantially modified
(including cancellation for nonpayment of premium) without at least a ten (10) day prior
written notice to the Association, to any insurance trustee and each eligible mortgage holder.
ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. No building, fence, wall or other structure shall be commenced, erected or
maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be
made until the plans and specifications showing the nature, kind, shape, heights, color, materials and
location of the same shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography by a majority of the Board
of Directors of the Association or an architectural committee composed of three (3) or more
representatives appointed by the Board. In the event said Board, or its designated committee, fails to
approve or disapprove such design and location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be required and this Article will be
deemed to have been fully complied with.
Section 2. No house plans will be approved unless the proposed house shall have a
minimum of 900 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used
in the minimum requirements shall be the total enclosed area within a dwelling; provided, however,
that such term does not included garages, terraces, decks, open porches, and like areas; provided,
further, that shed type porches, even though attached to the house are specifically excluded from the
definition of the aforesaid term "enclosed dwelling area".
Section 3. Since the establishment of inflexible building setback lines for locations of
houses on Lots tends to force construction of houses directly to the side of other homes with
detrimental effects of privacy, view, preservation of important trees and other vegetation, ecological
and related considerations, no specific setback lines are established by these Restrictions. In order to
assure, however, that the foregoing considerations are given maximum effect, the site and location of
any house or dwelling or other structure upon any Lot shall be controlled by and must be approved
absolutely by the architectural control committee.
9

Section 4. The exterior of all houses and other structures must be completed within twelve
(12) months after the construction of same shall have 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. Duting construction each Lot must be cleared of all unnecessary
debris at least once a week.
Section 5. No structure, except as hereinafter provided, shall be erected, altered, placed or
permitted to remain on any Lot other than a single family dwelling not to exceed two stories in
height, unless the architectural control committee approves in writing a structure of more than two
stories pursuant to these Declarations, provided the use of such dwelling or accessory building does
not in the opinion of the architectural control committee overcrowd the site, and provided further,
that such buildings are not used for any activity normally conducted as a business.
Section 6. Service utilities, fuel tanks, clothes lines, wood piles and trash and garbage
accumulations are to be enclosed within the Lot so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any other residence
within the subdivision.
Section 7. Off street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which parking
areas and the driveways thereto shall be constructed of concrete, brick, or asphalt. On street parking
shall be limited to guest parking.
Section 8. All duties and responsibilities conferred upon the Board or the Architectural
Control Connnittee by this Declaration or the Bylaws of the Association shall be exercised and
performed by the Declarant or its Designee, so long as Declarant shall own any Lot in the Properties
or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
Section 9. The impervious surface limitation coverage proposed on each Lot is consistent
with the requirements of the Department of Environmental Management coastal storm water
regulations. Each Lot shall contain impervious surfaces as defined by said regulations not in excess
of 3500 square feet. At no time shall the total impervious surface coverage on all Lots which have
construction existing or approved thereon exceed the amount of impervious surfaces determined by
multiplying the number of such improved lots by 3500 square feet.
ARTICLE VIII
EXTERIOR MAINTENANCE
In addition to maintenance upon the Common Area, the Association shall provide repair of all
privacy fences installed by the Declarant and the landscaping and maintenance of the front, rear and
side yards of all Lots.
ARTICLE IX
i0

USE RESTRICTIONS
Section 1. LAND USE AND BUILDING TYPE. All land shall be used for residential
purposes except that so long as the Dbclarant shall retain ownership of any Lots, it may utilize any
such Lot or Lots for sales or rentals, offices, models or other usage for the purposes of selling or
renting Lots within said project. The Declarant may assign this limited commercial usage right to
any other person or entities as it may choose; provided, however, that when all Lots have been sold,
this right of commercial usage by the Declarant, its successors and assigns shall immediately cease.
No Building shall be erected, altered, placed or permitted to remain on any Lot other than one single
family dwelling not to exceed one story in height. Any building erected, altered, placed or permitted
to remain on any Lot shall be subject to the provisions of Article VII of this Declaration of
Covenants, Conditions and Restrictions relating to architectural control.
Section 2. NUISANCES. No noxious or offensive activity shall be carried on, in or around
any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
Section 3. JUNK VEHICLES. No inoperable vehicle or vehicle without current registration
and insurance will be permitted on the premises. The Associations shall have the right to have all
such vehicles towed away at the owner's expense.
Section 4. FOR SALE SIGNS PROHIBITED. No "For Sale" signs or any other signs shall
be perntted on any Lot or in the common areas and facilities, except that a "For Sale" sign or signs
may be displayed by the Declarant on any Lot or Lot in the project so long as Declarant owns any
Lot in the Properties.
Section 5. TEMPORARY STRUCTURES. No structure of a temporary character, trailer,
basement, tent, shack, garage, bam, doghouse, or other outbuilding shall be used on any Common
Area any time either temporarily or permanently except during construction by the developer.
Section 6. RECREATIONAL VEHICLES. No boat, motor boat, camper, trailer, motor or
mobile homes, or similar type vehicle, shall be permitted to remain on any Lot yard or in parking
spaces, at any time, unless by consent of the Association, and if properly stored out of sight in
garages.
Section 7. ANIMALS. No animals, livestock or poultry of any kind shall. be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept
or maintained provided that they are not kept or maintained for commercial purposes and provided
further that they are not allowed to run free and are at all times properly leashed and personally
escorted.
Section 8. OUTSIDE ANTENNAS. No outside radio or television antennas shall be
erected on any Lot or dwelling Lot within the Properties unless and until permission for the same has
11

been granted by the Board of Directors of the Association or its architectural control committee.
i
Section 9. EXTERIOR LIGHTS. All light bulbs or other lights installed in any fixture
located on the exterior of any building or any Lot shall be clear, white, or non -frost lights or bulbs as
approved by the KIRKWOOD AT ARRONDALE Homeowner's Association.
Section 10. MAIL AND PAPER BOXES. Each Lot shall have one mail box at the
common post office cluster box and one paper box which design shall be approved by the
Association.
ARTICLE X
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Except as provided in Sections 2 and 3, below, annexation of additional property
shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class.
B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to
all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
Section 2. If the Declarant, its successors or assigns, shall develop all or any portion of any
land contiguous to or within one mile from the property which is subject to this Declaration, such
additional tract or tracts may be annexed to said Properties without the assent of the Class A
members, provided however, the development of the additional tract described in this section shall
be in accordance with the same general scheme of development as Phase 1 of KIRKWOOD AT
ARRONDALE.
Section 3. The rights of Declarant reserved in Section 2 above shall expire automatically on
December 31, 2006, if not exercised prior thereto.
ARTICLE XI
GENERAL PROVISIONS
Section 1. CITY WATER, CITY SEWER SERVICE AND OTHER UTILITIES. City of
Wilmington sewer service and water service for the development shall be provided and no private
well shall_ be permitted or, any Lot except for irrigation purposes approved by the KIRKWOOD AT
ARRONDALE Homeowner's Association, and then only with the consent of the utility company, its
successors or assigns.
Section 2. ENFORCEMENT. The Association, or any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or by an owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. The Association shall have the right to remedy
any breach of these Declarations and assess costs against the offender as a special assessment.
12

Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect. ;
Section 4. LOTS SUBJECT TO DECLARATION. All present and future owners, tenants
and occupants of dwellings and their guests or invitees, shall be subject to and shall comply with the
provisions of the Declaration, and as the Declaration may be amended from time to time. The
acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of
any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified
by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to
the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot as though such provisions were made a
part of each and every deed of conveyance or lease.
Section 5. AMENDMENT OF DECLARATION. The covenants and restrictions of this
Declaration may be amended by an instrument duly recorded in the Office of the Register of Deeds
of New Hanover County signed by not less than sixty-seven (67%) percent of the Lot Owners;
provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for
public improvements, as herein provided, or affect any lien for the payment thereof established
herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights
herein granted or reserved unto Declarant, including the right of Declarant to develop contiguous
and to extend the scheme of this Declaration to such other property by the recording of subsequent
Declarations as herein provided. Not withstanding the foregoing, the Declarant shall have the right
to make amendments to this Declaration, without the other Lot Owners consent, as long as the
Declarant's interest represents sixty-seven (67%) percent of the votes of the Association.
IN WITNESS WHEREOF, FOGLEMAN SAFFO TURNER INC., the Declarant, has
caused this instrument to be executed by its proper corporate officers, this the day of
2001.
DECLARANT:
FOGLEMAN SAFFO TURNER INC.
BY:
F. M. FOGLEMAN - President
ATTEST:
TERRY F. TURNER - Secretary
13
(CORPORATE SEAL)

r�
STATE OF NORTH CAROLINA
COUN T Y OF NEW HANO v ER
I, , a Notary Public of the County and Sate aforesaid
certify that TERRY F. TURNER personally came before me this day and acknowledged that he is
the Secretary of FOGLEMAN SAFFO TURNER INC.., a North Carolina Corporation, and that by
authority duly given and as an act of the Corporation, the foregoing instrument was signed in its
name by its President, sealed with its corporate seal and attested by him as its Secretary.
Witness my hand and official stamp or seal, this the day of , 2001.
My Commission Expires:
Notary Public
14

7/6/01 Kirkwood at Arrondale 00012
CDC Stomrwater Calculations
Total Drai a Area
ft.
acres
6,474,758
148.64
Impervious10 Area
Land Use
ft.
acres
roposed 325 lots 3 5w 3f ea.
1,137,500
2&.11
Proposed Streets
420,529
9.65
Proposed Pool/Parking
10,200
0.23
Arrondale 98 lots Q 4,300 sf ea.
414,706
9.52
Arrondale Streets
160,030
3.67
Pilots Ride 17lots 4,000 sf ea.
68,000
1.56
Pilots Ridge Streets
12,400
0.28
Total
2,223,365
1 51.04
Stormwater Calculations:
Time of Concentration:
Hydraulic Length (L) = 3,127 ft.
change in Height (H) = 25 ft.
Tc = (L' !H).'" / 128
24.63 min.
Flow for 10 year, 6 hour Storm (010):
QPRE = (CPRE) X (110) X (Area)
= 234.11 cis
QPosr = (CPosr) X (110) x (Area)
468.22 cis
Tor 7 u year Storm:
CN = (98)(% imp.) + (60)(1-% imp.)
74
P = 4.82 in. forl Oyr, 6 hr storm
S = 1000/CN -10
3.51
Depth (D)= [P-(0.2)(S)]2 / [P+(0.8)(S)]
2.22 in.
Time to Peak Flow:
TP = [(43•5)(D)(Area)l 102,
30.68 min.
Detention Pond Design:
Pond Size:
Elevation
Surface Area
ft.
Normal Pool
22.00
210,452
Flood Pool
23.20
222,303
Top of Bank
26.00
250,598
Bottom of Pool
16.00
1 154,645
% impervious = 0.343
= 34.3%
say 35.0%
CPRE = 0.25
Cpow = (% imp.)(.95)+(1-% imp.)(.25)
0.50
110 = 6.30 in/hr
I, = 7.13 in/hr
Flow for 25 year, 6 hour Storm (Q25):
QPRE = (CPRE] X (125) X (ArGa)
= 264.95 cis
QPOSr = (CPosr) x (125) X (Area)
529.90 cis
Soil Storage Capacity for 25 Year Storm:
CN = (98)(% imp.) + (60)(1-% imp.)
74
P = 5.71 in. for 25 yr, 6 hr storm
S = 1000/CN -10
3.51
Depth (D)- [P-(0.2)(S)121 [P+(0.8)(S)]
2.94 in.
Time to Peak Flow.
TP = [(43.5)(D)(Area)] / Q1o.Posr
35.91 min.
State Surface Area Requirement at normal I:
Pond side slopes = 3 :1
Depth below N.P. = 6 ft.
SA/DA = 0.0185
(Chart for 90% TSS Removal for Wet Detention
Pond without Vegetative Filter
Required SA = (SA/DA) x (Total Drainage Area)
119,783 sq.ft.
State Volume Required for Storage of first 1" of runoff:
Vol.- 1(1/12) x (DA) x (% imp.)] +
Provided Storage Volume: [(1/12) x (DA) x (1-% imp.) x C]
Vol. _ [(Normal pool SA + Flood Pool SA) ! 21 C = 0.2
x (F.P. elev. - N.P. elev.) = 256,137 cu. ft.
259,653 cu. ft. ,OZ
/!/A/ j7 f
RECEIVED ^SEAL
/YL •W
a 1731, 'p
JUL 2 0 2001
Z� • O 1
00012Pond 1 of 3

716101 lUrkwood at Arrondale 00012
CDC Stormwater Calculations
Pond Volume:
Bottom SA = 154,645 sq. ft.
Normal Pool SA = 210,452 sq. ft.
Vol. _ [(N.P. SA + Bottom SA) / 21 x (N.P. el. - Bottom el.)
= 1,095,291.0 cu. ft.
Forebav:
Required Volume
Vol. - 20% of storage volume
219,058 cu. ft.
Outlet Structure Desian:
Flow for 2-day drawdown:
for 1 st 1' of stormwater,
Q = Required Vol. / 172,800 sec. (2-days)
= 1.482 cis
Required Area of Pipe for 2-day drawdown:
A= Q/ [Cd x SQRT(2 x g x h)]
Cd = 0.6
g = 32.2 ft./s`
h = (F.P. elev: N.P. elev.) /2
= 0.6 ft.
A = 0.3974 sq.ft.
Diameter of Pipe for 2-dav drawdowm:
DIA. = SQRT[(A x 4) / pi]
0.7114 ft.
8.54 in.
`Use: 8.25 in diameter pipe
Outlet Structure Check:
Using a 4' x 4' Basin,
Perimeter L = 16 ft.
Q = CIA
C = (% imp.)(.95) + (1-% imp.)(.25)
0.50
1= 7.13 in. for a 25 yr. Storm
A = 148.64 Acres
529.90 cis
Q= CwxLxH's
H = IQ / (Cw x L)]2j3
Cw = 3
4.96 ft.
Peak elevation = flood pool elevation + H
28.16 ft.
Provided Volume
Bottom SA = 61,840 sq. ft.
Normal Pool SA = 81,550 sq. ft.
Vol. _ ](N.P. SA+ Bottom SA) / 2] x (N.P. el. - Bottc
215,085 cu. ft.
depth = 3 ft.
Flow for 5-day drawdown:
for 1 st 1' of stomrwater,
Q = Required Vol. / 432,000 sea (5-days)
0.593 cis
Required Area of Pipe for 5-day drawdown:
A= Q/[Cd xSQRT(2xgxh)]
Cd = 0.6
g = 32.2 ftJs`
h = (F.P. elev. - N.P. elev.) 12
0.6 ft.
A = 0.1590 sq. ft.
Diameter of Pipe for 5-day drawdown:
DIA. = SQRT[(A x 4) / pi]
0.4499 ft.
5.40 in.
00012Pond 2 of 3

TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
July 9, 2001
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845 p E C E B V
Attn: Ms. Linda Lewis JUL 2 0 2001
D
Re: Kirkwood Subdivision
DWQ
SW8 000530 PROJ #
New Hanover County, NC
TE 00012
Dear Linda:
In response to your correspondence dated May 21, 2001, we offer the following:
1. Wetlands shown previously were preliminary. Meetings with the Corps have shown
there to be no Section 404 jurisdictional wetlands within the site. See enclosed letter
from Mitchell and Associates, Inc.
2. Additional dimensions have been provided.
3. Slopes and vegetation have been specified.
4. Proposed deed restrictions and grading of lots have been provided.
5. The developer has purchased the lots from Pilots Ridge that drain to this pond.
6. 4,300 sf has been accounted for.
7. Pool and parking areas have been included in the other on -site area.
8. Proposed grading and deed restrictions have been provided.
9. 226 has been updated to the proposed 325 lots.
10. New applications have been provided.
11. New signature pages have been provided.
12. New details and street names have been provided.
13. New details and street names have been provided.
14. Slope has been revised to 3:1.
Please review for approval and contact us with any questions or comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
Phillip G. Tripp, P. .
PGT:dcb
Enc.

I 07/06/2001 08:59 9107635631 TRIPP ENGINEERING PAGE 01
C7
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
000550 LETTER OF TRANSMITTAL
Job No. fD IZ-
To: PLcr�12— Date -------
Attention: UAIM L OK7 Subject:,. -
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
.. -
. . •iA -W
These are transmitted as checked below:
(,Tfor Approval ( ) For Your Use ( ) Sign & Return
Remarks:
cc:
( 04eview

North Carolina
Department of Environment and Natural Resources
■
I��
Division ofWater Quality 2
b.T
V1'ihningtim Regional 0lficc
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 2 L 2001
Mr. Mickey Fogleman. President
Fogleman, Saffo & Turner, Inc.
109 Hinton Avenue, No. 7
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL .INFORMATION
Stormwater Project No. SW8 000530
Kirkwood Subdivision at Arrondale
New Hanover County
Dear Mr. Fogleman:
The Wilmington Regional Office received a Stormwater Management Permit Application for Kirkwood
Subdivision at Arrondale on April 10, 2001. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
r� 1. Please delineate all previously shown wetlands on site. Written verification from the Corps is
needed and possibly 401.WQ Certification.
✓ 2. Only 2 dimensions per pond have been provided. Please provide dimensions for all sides and
radii for all arcs of the figure created by the permanent pool. Additionally, please provide
sufficient dimensions to locate the forebay wall. .
3. Please specify pond side slope vegetation and the number and type of wetland species to''�
planted on the 6:1 shelf.
4. Please submit a copy of the proposed restrictions regarding built -upon area for lots, pool and
Parkin, and the requirement to direct all runoff from impervious surfaces to the pond. You must
select an option to get the runoff to the pond from the pool, parking and every lot via grading,
guttering, or lot line swales. Simply noting on the plans that the runoff must be directed to the
pond is not sufficient. You need to demonstrate how this will occur.
5. How did you determine that 4,000 ft2 would be sufficient for the lots in Pilot's Ridge?
✓ 6. Arrondale Subdivision was permitted at 4,300 ft2 per lot, but the calculations account for the lots
at only 3,500 f12. Please either account for at 4.300 ft2 per lot, or submit a revision to Arrondale to
reduce the permitted BUA, and submit recorded deed restrictions.
7. The calculations do not address the pool and parking lot. Please add. If it was calculated as part
of the street total, please break it out and list it under "Other on site" BUA. Based on scaling, it
does not appear to be part of the current street total.
127 Cardinal Ur. I;xi., Wilmington, North Carolina 28405 'telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer :50%, recycled/10% post -consumer paper

Mr. (;oaleman
May 21, 2001
Stormwater Project No. SW8 000530
----------------------------------------------
'�- 8. Please add a statement to the restrictions to be recorded regarding the BUA limit for the pool and
parking. Please show the proposed grading and dimension this area on the plans.
✓ 9. This subdivision proposes 325 lots, but in the lower part of Section I1I, Part 6 of -the application,
the "On -site Buildings" box still indicates the previous 226 lots @3,500. The 1,137,500 ft2
reported matches up with 325. Please revise.
10. The backs of several of the application pages have project information and calculations for the
Northgrove Presbyterian Church. Please resubmit pages 2 of 4 and 3 of of the wet pond
supplement.
11. Please submit new signature pages for the application and wet pond supplement. The old ones
are no longer valid since the project has been totally revamped.
12. Please provide road details for, or add to the current road details, Morrow Road, the unnamed
street between Morrow and Stapleton, Streets A, B, C and D, Hillside Drive, and Lenoir Drive.
Q/ 13. Windgate Drive, west of Walston Dr., is noted as 22' wide. Should this be noted as west of Angel
Island Drive instead? It would make more sense.
14. The street details show a cut/fill slope of 2:1. Please revise to 3:1 or flatter.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office. prior to June 21, 2001, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the
application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must indicate
the date by which,you expect to submit the required information. The Division is allowed 90 days from the
receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to -the engineer or agent. All original documents must be returned or new
originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please
feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINFO1000530.MAY
cc: Linda Lewis
Charles Cazier

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200100670 County: New Hanover
Notification of Jurisdictional Determination
Property Mr. Terry Turner Agent David Syster
Owner Fogelman, Saffo, Turner, Inc Mitchell and Associates
Address 109 Hinton Avenue, #7 3975-A Market Street
Wilmington, North Carolina 28403 Wilmington, NC 28402
Size and Location of Property (waterbody, Highway name/number, town, etc.): Kirkwood at
Arrondale Subdivision, north side of Pilots Ridge Plantation, west side of NC Highway 421, Wilmington,
New Hanover County, North Carolina. Specifically, the 0.49 acre isolated wetland as shown on the
attached map dated February 24, 2000 (revised November 13, 2000).
Basis for Determination: As this wetland does not exhibit an interstate commerce connection, it is
considered to be isolated based on the Solid Waste Association of Northern Cook Counties (SWANCC)
vs. U.S. Army Corps of Engineers, No. 99-1178 (January 9, 2001).
Indicate which of the following apply:
�J heare—care- NVet
b
stag L. Fepe +hc ('nrnc Il f 1 {' 1
E�t@E�H&�k�6E r------------
9 Because—cnF+�size
eg
in +' l` manner. V L aj-h to htn'11-Sl+nn+ to � tn' , n • r' I u�'�—.'rrvn ry v o ccrui u—�
,anncccct;, ref rl—mc=r':��ic^ci}E 5 8n6 �1 rc8'It[ilTt'I'aRt" flagged `l `�C�rt^n d li
o nn tho r, •n A G
"'T�'rJ-'CtCL�IITi' . b
r
0 nl@ "retla.n` s on yquf PCrhr hn h��Antcd and the;li�}i}ts LhaRI
`7 b this }per}-Y�{'
RAt tA ONGeeA
five-
ron c f the
date
♦ f this
• fi
0 Based oil the SWANCC decision, the 0.49 acre wetfand area as described above is not subject to the permit
requirements of section 404 of the Clean Water Act (33 USC 1344).
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of CoLu[al
Management to determine their requirements.
Placement of dredged or fill material in jurisdictional wetlands on this property without :1
Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act
(33 USC 1311). A permit is not required for work on the property restricted entirely to existing
high ground. If you have any questions regarding the. Corps of Engineers regulatory program,
please contact
Scott McLendon at 910-251-4725
Project iVlanager Signature �/1,�-
Date April 24, 2001 Expiration Date N/A
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THIS FORM.

,Y. /,,I. \,g,/ C,
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I.
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x

TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
April 9, 2001 1 APR 1 0 2001
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Kirkwood Subdivision
SW8 000530
New Hanover County, NC
TE 00012
Dear Linda:
RECEIVED
APR 10 2001
PROD # 5wj o0O 530
We are providing a new design along with new applications, calculations, and new
plans. The previous additional information requests have also been addressed by the
following:
1. At this time only a verbal approval has been received from the USACOE.
2. Due to the changes in lot layout this comment may not be pertinent. We have
addressed all drainage and access easements to our knowledge.
3. Additional information has been added to the road detail.
4. Cul-de-sac details with radii have been addressed.
5. A note has been added to the plan that states "all runoff from impervious
surfaces (i.e. roof tops, driveways, sidewalks, gravel areas, etc.) are to be
routed to the pond".
6. The permanent Yoal Contours for both ponds have been dimensioned.
7. Yes, with this new application, various off -site areas have been accounted for.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
OA64 OC4�r __
Charles D. Cazier, E.I.
CDC:dcb
Enc.

FILE MODE
673 MEMORY T
* * * COMMUNICATION RESULT REPORT ( APR. 2.2001 12:17PM )
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
9-7635631
T
M
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
FAX COVES. SHEET
Date; April 2, 2001
To: Charles Cagier
Company: Tripp Engineering
FAX #: [phone]
DWQ Stormwater Project Number: SW9 000530
Project Name: Kirkwood Subdivision
MESSAGE:
Dear Charlie:
P. 1
WIRO
PAGE
P. 1/1
09NMA 0
f Ar
9
NCDNRNORTH CARCILIM DMA
ENVIRONMENT AND NATURAL- RdaouRcF-s
No. of Pages: 1
From: Linda Lewis Arck---
"Water Quality Section - Stormwater
FAX [phone]
Phone [phone]
This project has been on hold for over 6 months. Please either submit the project for review by April 9, 2001, or
it will be returned.
T .inrin

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley; Governor
William G. Ross, Jr., Secretary
FAX COVER SHEET
Date: April 2, 2001
To: Charles Cazier
Company: Tripp Engineering
FAX #: [phone]
DWQ Stormwater Project Number: SW8 000530
Project Name: Kirkwood Subdivision
MESSAGE --
Dear Charlie:
....•....
NC-DENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
This project has been on hold for over 6 months. Please either submit the project for review by April 9, 2001, or
it will be returned.
Linda
S:IWQSISTORMWATIADDINF01000530.APR
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
June 27, 2000
Mr. Mickey Fogleman, President
Fogleman, Saffo & Turner, Inc.
109 Hinton Avenue, #7
Wilmington, NC 28403
I Tk Do A"A
••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 000530
Kirkwood Subdivision
New Hanover County
Dear Mr. Fogleman:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Kirkwood Subdivision on May 15, 2000. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
1. Please provide a letter from the Corps of Engineers authorizing you to fill in the delineated
wetlands.
2. Please note the area between lots 209 and 210 and 205 and 206 as recorded access/drainage
easements.
3. Please indicate on the road detail the names of the roads that the detail applies to. If the
detail applies to all the roads, please remove the note concerning the 0.2 mile length of
street.
4. Please provide a cul-de-sac detail which includes a pavement radius.
5. The rules require all runoff from proposed built -upon area to be treated in the pond. What
method is proposed to ensure that the runoff from all lots, especially those which back up to
Arronda.le, Monterey Heights, the Talman property. and Tidal Holm, is picked up and
direc'l to one ,wad? Moss dr,velopers choose to do one or a combination of the following
things:
a. Provide a deed restriction that requires all lots to be graded toward the street.
b. Provide a deed restriction that requires gutters on all roofed areas to be directed
toward the street.
C. Grade swales between and behind lots that catch and transport runoff to the forebay.
A deed restriction is required to keep these swales vegetated and functional.
6. Please provide permanent pool contour dimensions, radii, etc.
7. Have you thoroughly investigated the possibility of offsite runoff from Arrondale, Monterey
Heights, and the Talman property? Please avoid a situation similar to Tidal Holm, where the
offsite drainage area was not properly investigated and accounted for.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

lvlr. Foc,leman
June 27. 2000
Stormwater Project No. SW8 0005 30
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to July 27, 2000, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents
that need to be revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORNIWAT\ADDINFO\000530..TUN
cc: Linda Lewis
Phil Tripp, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAx [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

JUN-04-01 03:22 PM
P.02
Mitchell a`hd AssodInc.
—
ENVIR0NM1!N'TAL ; 04.".
113 Weet and St • Ore, , .4 TANTS
3e73 B Market e►et •W.7�® Fax: 262.7e2.YS110�mngton, N.0.4W2 •9Q0602 • Fax: [phone]
,nYltche II®mitcllell•aeeooiet�;ri
June 4, 2000
Linda Lewis
Division of Water Quality
NCDENR
127 Cardinal Drive
Wilmington, North Carolina 28405
Dcar Ms. Lewis:
This correspondence is in reference to the property known as Kirkwood at Arrondaic, owned by
Fogelman, Saffo, and Tumer, located off of Carolina Beach, approximately 3 miles south of
Monkey Junction, Wilmington, North Carolina.
As per Mr. Charlie Hollis' request I am forwarding you iVlr. Scott McLendon's determination
that there are Ito areas meeting Section 404 jurisdictional wetland status on the above stated
property. You will find the tear sheet with attaches map, and a large neap of another section of the
property,
Please do not hesitate to call our office if you have any questions about this matter.
Sincerely,
/ m
David Scibetta
Biologist
RECEIVED
JUL 2 0 2001
DWQ
PROD # 5 owS 30

TRIPP ENGMEMNG, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
,�>=
-
MAY 15 2000
May 12, 2000 py:_
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Kirkwood
New Hanover County, NC
TE 00012
Dear Linda:
MAY 1 5 CUOQ
t��3a
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) wet detention basin supplement, two
(2) sets of signed sealed calculations and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

May 12, 2000
Stormwater Narrative
KIRKWOOD
New Hanover County, NC
TE 00012
Kirkwood is an existing tract of land with a total area of 68.37 acres. Stormwater will be
handled by wet detention. The pond design meets both the state's 1" stormwater
requirement as well as the New Hanover County pre -post requirement.
D areas n o f asphalt 10 ��
1 roposed impervious areas include 291,755 sf of asphalt paving and 226 lots at 349E sf of
built upon area per lot totaling 1,082,755sf of impervious area. The total percent
impervious is 36.36%.

0.07 /AC. TRAVERSE BEGINNING AND
ENDING AT C8
UWE
DIRECT16R
DISTANCE
Cs -- 09
s6os m w
22.61'
C9 �- C10
S66'52 29 w
24.42'
CIO • - C1 Ci1
546'0$ 50 W
22.69'
C1 C"i1 - C2
§30T 55 E
19.72'
C2 -- C3
S30'51 44 E
18.06'
C3 -- C4
S87'07 02 E
22.61'
C4 -- C5
N87`19 25 E
20.35'
C5 -- C6
7 953'22 44 E
25.01'
C6 - C7
N0870 45 E
23.53'
C7 -- C8
N26'43 44 W
1 15.46'
0.03 AC. TRAVERSE BEGINNING AND
ENDING AT PT"A"
UNE
DIRECTION
DISTANCE
PT"A' - A9
S30'55 34 W
3.70'
A9 - A9.5
S84'0 00 E
23.45'
A9.5 - Al
S82*01 19.E
50.14'
A10 - A11
582'58 0 E
37.23'
A11 - Al2
S88'26 38 E
37.86'
Al - PT"8"
N34'36 30 E
13.58'
P S' - PT A'
N87'24'44"W
15,175'
LINE
DIRECTON
DISTANCE
P1" 8" - A13
N34'36 30 E
18.56'
A13 - A14
N20'19 03 E
30.44'
A14 - A15
N11`t3 46 E
22.62'
A15 - A16
N01'12 0>3 E
14.99'
A16 - A17
N3n5 31 E
20.06'
A17 - A18
N29'24 38 W
21,20'
A 8 -- A19
N0640103 W
12.79'
A19 - A20
N33'3 40 E
21.62'
A20 - A21
N38'0112 E
25.25
A21 - A22
N07Z 18 w
15.27'
A22 - A23
Nl2'4713 W
18.16'
A23 - A24
S61'O 58 w
23.66'
A24 - A25
S59,38159,W
13.44'
A25 - A26
S86'00 06 W
20.79'
A26 - A27
S21'56 38"w
24.37'
A27 - A28
N19'42 03 w
20,55'
A28 - A30
N46'14 54 W
22.05'
A30 - A31
S69 52 8 W
28.36'
A31 - A32
S35'17 24 w
19.16'
A32 - Al A33
S45% 49 W
16.35'
Al A33 - A2
S12'2710'W
5.06'
A2 - A3
S07'12 29 W
22.85
A3 - A4
S30'51 01 W
24.68'
A4 - A5
S72-52 06
25.43' 1
A5 - A6
S98'12'0 E
27.32'
A6 - A7
S14'21 52 E
20.12'
A7 - AB
SO4'04 39 W
20.86'
AS - A8.5
-A'
S71'12 31 mW
21.65,
A8.5 - Fr
S30'55 34 W
20.86
PrA' - P 8"
I S8724 44 E
153.75'
CERTIFICATE OF 77qE U.S. ARMY CORPS OF ENGINEERS:
THIS PLAT IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. THIS
DETERMINA77ON OF SECTION 404 JURISDIC77ON MA BE RELIED
UPON FO A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE.
THI DE RMINA77ON WAS MADE UTILIZING THE 1987 CORPS OF
EN IN WE AND DELINEATION MANUAL.
/��{�
C .A✓�
t ( E8 .�%zoo ,
SIGNED DA TE
IV07'15: 4k4 W E7-4,44/003 SHocJN oA! M(S
X141949E I SO<4T4Fp PURSvnfJT 70 Thy
W 1-<So/V PECJ Siw.
0h,
N86.57'09"W 2514.97'
NOW OR FORMERL Y
GEORGE W. TALMAN
DB. 875, PG. 00 13
v sr
(219)
r e
ARRONDALE SUBDIVISION
(2 2 0)
PHASE ONE, SECTION 2
*.®
.38, PG. 345
(221)
J
s
1
LINE
DIRECTION
DISTANCE
B14 - B15
N82'S4'59 E
30.63'
815 _ 1316
N69'30'22 E
34.15'
B16 - B17
N48*38'4 s E
29.54'
817 -- 818
N59'33 35"E
29.69'
B18 - 919
S77'19'09"E
14.57'
819 820
N38*10 54 £
16.73'
820 -- 821
N34'56'32 E
23.17'
B21 - 81 822
td"£
16.77'
B1 L822 - B2
N15'49'16 w
20.72'
B2 - 63
144t64 49 W
23.73'
B3 - 84
, N78'15 00'w
28.02'
S4 - B5
S80'24'36 W
14.73'
B5 - 86
S84'59 01 w
46.60'
B6 - B7
S65'S4'44 w
29.71'
87 - 88
S43'45'54 W
27.44'
B8 - B9
�71'49`23 W
23.49'
69 - 810
S53'3317 W
32.41'
810 -- B11
S21'07'35 W
27.65'
B11 B12
{ S21'50'15"E
24.31'
812 B13
S50'3813 E
24.22'
813 -- 814
S77'30.06"E
33,27'
i1fi1Pw .;,'
i` STANCE
.15 --�016
_. tJa, � 0E-
26.69'
D16 - D17
N06'20'03 £
25.81'
D17 -- D18
N14`23'24'E
51.59'
D1S -- D19
N16'56 3 s"E
3as.a8'
D19 - 020
N26'2315 E
35.46'
D20 -- D21
N14'46 06"E
30.03'
D21 - 022
N21'47 6 E
33,22'
D22 - D23
N28-52 02 E
41.90
D23 - D24
N25'19 49 E
27.69
D24 - D25
I N28*01 40 E
26.09,
D25 «- D26
N 2°57 W
22.08'
D26 -- D27
S89°Oi150"�d
35.11,
D27 - D2
58 S'3D'54"W
41.1 '
02 -- 03
S€ 7`27 38"E
24.23'
03 - D.3
SQl° r7�45"E
M49'
D3 -- D4
58136 N6 W
17.42'
04 - D5
S0T53 04'W
8.02'
DS -- 06
s22°47 01 b't
18.15,
D6 -- D7
21.56'
D7 -•• DS
512S514 W
28.31'
DB -- D9
S14°4517 W
25.95'
09 - D10
S12` 8'04 W
47.25'
D10 -- 011
915545 w
40.99'
D11 - D12
S31 45'29 W
17,25'
D12 -- D13
S24F2- ONE
50.89'
D13 - 014
D14 -- D15
S33'14'26'E
S7r4312 £
17.62'
15.36'
JURISDICTIONAL BOUNDARY MAP"
'7,
K.T17t"*11ff OOD
AT ARRONDALE
FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
SCALE, 1 "= 120' FEBRUARY 21, 2000
FOR
FOGELMAIV, SAFFO, TURNER, INC.
I LMI NG T'O N, NC. 28403
PRELIMINARY: NOT FOR RECORDATION
.PHONE [phone]
CONVEYANCES OR SALES.
PREPARED BY
oe
4
tt $ARNOLD
CARSON., PC
-322 r 7
Hryr
406 NORTH THIRD STREET
°
WILMINGT'ON, NC 28401
PHONE. (910) 7 - 9113
FAX: (910 ) 72-- 9128
50' 0 100' 2 ' .300' 4 00'

08/07/1996 06:22 9107635631 TRIPP ENGINEERING PAGE 02
TKWP 11C` 1�i GPffiE1UNGq .
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX- [phone]
%J IVDWW LETTER OF TRANSMITTAL
Job No. 16 VOZ
To: �cosml Date: $.g .g7b
Attention: Lt^00 L.V4% S Subject t4a. tlpD itr5soJ4
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Copies 110M No. Description
These are transmitted as checked below.
(. For Approval ( ) For Your Use ( ) Sign & Retum ( ) Review
cc:
[EVW
-
--
Oil
- �[ Jill -
Signed: Cymwgs D •.cAyca"

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