SW8060560_Current Permit_20140325

RC-DENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
March 25, 2014
Ms. Donna Lanier, Manager
Lanier Family II, LLC
PO Box 2190
Surf City, NC 28445
Subject: Notice of Inspection — Compliant
Project Name Change ! Approved Plan Revision
Redd"s Cove Sections 11, II A and 111
Permit No. SW8 060660
Onslow County
Dear Ms. Lanier:
On February 27, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Redd's Cove Sections 11, II -A and III in Onslow County to
determine the status of compliance with the State Stormwater Management Permit Number
SW8 060560 issued on July 24, 2007. DEMLR file review and site inspection revealed that the
site is now in compliance with the terms and conditions of this permit. Please find a copy of the
completed form entitled "Compliance Inspection Report" attached to this letter, which
summarizes the findings of the recent inspection.
A copy of the recorded amended deed restrictions was received on February 13, 2014. All
required statements from the permit have been added. The name of the project has been
changed to Redd's Cove, Section II, II -A and III, as requested.
On February 13, 2014, the Wilmington Regional Office received a request to revise the
approved plans for Redd's Cove Sections II, II -A and III. The revisions include renumbering the
lots to eliminate a duplicate Lot #57; straightening the road between Lots 36 and 37; and
revised Bethea Street. It has been determined that a formal permit modification is not required
for the proposed changes. We are forwarding you an approved copy of the revised plans for
your files. Please replace the old approved plan sheets with the new ones.
Please be aware that all terms and conditions of the permit issued on July 24, 2007, remain
in full force and effect. Please also understand that the approval of this revision to the
approved plans for the subject State Stormwater Permit is done on a case -by -case basis.
Any other changes to this project must be approved. through this Office prior to construction.
The issuance of this plan revision does not preclude the permittee from complying with all
other applicable statutes, rules, regulations or ordinances which may have jurisdiction over
the proposed activity, and obtaining a permit or approval prior to construction.
Please be reminded that you are required to monitor the project and the built -upon area on each
lot and maintain compliance with the permit. Records of lot approvals will be required when the
project reaches the point where the permit can be. transferred. At that time, please be reminded
that you must submit a completed and signed Permit Transfer Request Form to DEMLR within
30 calendar days of conveying the common area to the Association. Please include the HOA or
management company contact name, mailing address and phone number on the Permit
Ti onsfer Form and all the required documentatioi �. The project must be in compliance with the
permit prior to the transfer of the permit to the HOA, as determined by a DEMLR compliance
inspection.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone]/ Fax: [phone]

Ms. Lanier
SW8 060560
March 25, 2014
Attached please find copies of the inspection report noting that the project is in compliance, the
Name/Ownership Change form received on October 30, 2013, and the plan revision application
form. If you have any questions, please contact me at the Wilmington Regional Office,
telephone number (910)-796-7343 or via email at linda.lewisO-ncdenr.gov.
Sincerely,
ef'� Ze"
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report, N/0 Change Form, PR application
GDS1arl: G:1WQ1SharedlStormwaterlPermits & Projects120061060560 LD12014 03 permit -PR 060560
cc: John Pierce, PLS
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2of2

W ArFR
4
900 --I
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8 060560
2. Permit Holder's name: Lanier Family II, LLC
3. Signing official's name: Donna Lanier Title: Manaaer
(person legally responsible for permit) �r
4. Mailing address: P.O. Box 2190 City: Surf City
State: NC ZipCode: 28445 Phone: [phone] _ FAX
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
1. This request is for: (please check all that apply)
_a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
X b. Name change of project (Please complete Item #5 below)
c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
3. New owner's signing official's name and title: F-CEIVE
OCT 3 0 2013
(Title) BY:
4. New Mailing Address: City:_
State: NC ZipCode:_ -
Phone -FAX: -(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: Redd's Cove Section II, II -A & III
Page 1 of 2
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-677-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper
Nc hCarolilia
Natllt'Rhlt,

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, Donna Lanier. Manager , attest that this application
for a name/ownership change has been reviewed and is accurate and complete to the best of
my knowledge. I understand that 'f all required parts of this application are not completed and
that if all requir supporting lgrormation and attachments re not incl ded, this application
package will bturned as in rplpte. ,
Signature:
New Applicant's Certification: (Must be completed for all transfers of ownership)
1, N/A , attest that this
application for an ownership change has been reviewed and is accurate and complete to the
best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
Signature: Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis Ems' E IVE
Page 2 of 2 OCT 3 0 2013
BY:

DWQ USE ONLY
D@Lte Received
Fee Paid (express only)
Permit Number
J�
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT PLAN REVISION .APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION At: C E I V
04b_z; 6 0 FEB 13 2014
1. Stormwater Management Permit Number: SW8-0606M
2. Project Name: Redd's Cove Section II. II -A & III bY:
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
Lanier Family II, LLC
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Donna Lanier/Manager
5. Mailing Address for person listed in item 2 above:
P.O. Box 2190
City:Surf City State:NC Zip:28445
Phone: (910 ) 297-4139 Fax:
Email: ([e-mail])
II. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
We had to re -number lots due to the error of having two Lot 57• we revised the reserved access road by the
intersection of River Oaks and Bethea St. on the Eastern side of the property. We straighten the street in lieu
of having a curve. We were denied a tie -on to the adjacent property's street
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the DWQ Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applyin f�; or Exyress review (only available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR)
Plan Revision Form Rev 13July2010 Pagel of 2

VI. APPLICANT'S CERTIFICATION
I. (print or type name
certify that I have
application is, to
person listed in General Information, item 3) Donna Lanier
zed these plan
of my know1k
and that the information included on this p revision
t andscomplete.
� -ate:
Plan Revision Form Rev 13Ju132010 Page 2 of 2

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through 1007.
I. PROJECT INFORMATION
Project Name: Sawgrass Plantation @ Redd's Cove (formerly Redd's Cove)
Contact Person: David K. Newsom, PE Phone Number: ( 910 ) 325-0006
Number of Lots: 79 lots
Allowable Built Upon Area Per Lot*: 4,677 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA - OA -- BUA
No. Lots Lot
Calculation_
(2,021,040 sf x 0.25) - 135,741 sf ) / 791ots 4,677 sf
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Ini ' s
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
I [ [15A NCAC 211 .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2

In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for Low Density Residential Subdivisions where lots
will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" area consistent with the applicable regulation governing the density
level.
I, D.C. Lanier acknowledge and affirm by my signature below, that I will cause the following
need restrictions and protective covenants to be recorded for Sawgrass Plantation at meads Cove prior to
the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW6 060560, as issued by the Division of Water Quality under
NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining 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 Division of Water Quality.
6. The maximum allowable built -upon area per lot is 4,677 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.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. Filling in or piping of any vegetative conveyances (ditches, swa/es, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
9. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drain 9 terminate at least 30' from the an high water mark of surface waters.
Signature. r Date: 9116412
11 a Notary Public in the
f�
State of no Y f% <° C rd) i h , County of Oki S 10 �A ) ,
do hereby certify that DG, V I 1.10 re r1c e- /a i e r personally appeared
before me this the Aof day of , 20y7 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
v�
Signature
My Commission expires
GGB79

Doc ID: 01101aB4002' Type: CRP
Recorded: 02/Oa/2014 at 31:37 Ph
Fee Amt: 1ja8.o0 Pao* 1 of 2a
onslw County NC
Rebecca L. Pollard Reg. of Deeds
BK41 12 PolOO-124
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR REDDS COVE SECTION II.
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR REDDS COVE SECTION II is made'this _�& day of
5&mo f�j _j 2014 by the undersigned Lanier Family II, a Limited Liability Company operating in
Onslow County.
WITNESSETH:
WHEREAS, REDDS COVE SECTION II is a real estate development located in Onslow County,
North Carolina further identified on following map(s):
A. "REDDS COVE, SECTION 11" recorded in Map Book 62, Pages 166 and 166A, Onslow
County Registry.
WHEREAS, REDDS COVE SECTION H was developed by Lanier Family I1, Limited Liability
Company, hereinafter referred to as "Declarant" or "Developer" which caused to be recorded the
following:
A. "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
REDDS COVER SECTION II", recorded in Book 3692, Page 292 of the Onslow
County Registry; and
R7.'HER - Au, REDDS COVE HOA, INC. is the acting representative of its members who are Lot
Owners in REDDS COVE SECTION II; and it was the intent of the Developer, at the time of the
conveyance of a Lot to an Owner, to make available certain Common Areas and amenities on the
Property, if any, as they were built, and, to convey, upon completion of the development, the entire
Property, excluding the Lots and publicly dedicated streets, if any, without cost or charge to the
Association; and
� E W'
FEB 13 2014
13Y: t5'0&0- 00
cook: 4112 Page: 100 Page 1 of 25

WHEREAS, it is the desire of REDDS COVE BOA, INC. and the Lot Owners of REDDS COVE
SECTION H to subject themselves and all future Lot Owners to the North Carolina Planned Community
Act, N.C. Gen. Stat. Chapter 47F; and
WHEREAS, it is the desire of Declarant and Developer to clarify the deed restrictions required by State
Stormwater Management Permit Number SW8 060560, as issued by the Division of Water Quality under
NCAC 2H.1000. Therefore Article IV of the original Declaration has been amended as set forth herein; and
WHEREAS, REDDS COVE BOA, INC. presented this AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR REDDS COVE
SECTION II to the Association for vote and it passed by the affirmative vote or written agreement
signed by Lot Owners of Lots to which at least sixty seven percent (67%) of the votes in the Association
are allocated.
NOW, THEREFORE, Declarant and REDDS COVE BOA, INC., hereby declare that all of the
Lots and Common Areas, as defined herein, located within REDDS COVE SECTION H are held and
shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved,
subject to the following covenants, conditions and restrictions, all of which are established and agreed
upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the
Subdivision as a whole and of each of said Lots. All ofthese restrictions shall run with the land and shall be
binding upon the Declarant and upon the parties having or acquiring any right, title or interest, legal or
equitable in and to the Property or any part or parts thereof subject to such restrictions, and shall inure to
the benefit of the Declarant and every one of the Declarant's successors in title to any of the Property.
ARTICLE I
DEFINITIONS
Section I.1 "Annual Organizational Board Meeting" means the annual organizational board meeting
of the Board, which shall tape place immediately after each Annual Meeting of the Members.
Section 1.2 "Annual Meeting" means the annual meeting of the Members held in Onslow County, North
Carolina, within the last quarter of each calendar year, upon proper notice, at a date, time and place from
time to time designated by the Board. The first Annual Meeting of the Members shall be held within one
(1) year from the date of incorporation on such date as the initial Board shall determine.
Section 1.3 "Articles" or "Articles of Incorporation" shall mean those articles, filed with the Secretary
of State of North Carolina, incorporating REDDS COVE BOA, INC., as a non-profit corporation under the
provisions of North Carolina State law, as the same may be amended from time to time.
Section 1.4 "Assessments" means Regular Assessments, Special Assessments, Working Capital
Assessments, Individual Assessments, and Fine Assessments.
Section 1.5 "Association" shall mean and refer to REDDS COVE BOA, INC„ a non-profit corporation,
its successors and assigns.
Section 1.6 "Board" or "Board of Directors" shall mean and refer to the body, regardless of name,
designated in the Declaration to act on behalf of the Association.
Book* 4112 Page: 100 Page 2 of 25

Section 1.7 "Bylaws" shall mean the bylaws of the Association, as the same may be amended from
time to time.
Section 1.8 "Committee" shall mean and refer to the Architectural Review Committee established for
the purposes of administering control over architectural, landscaping and related matters, as provided
herein.
Section 1.9 "Constituent Documents" shall mean the Declaration, the Bylaws, the Articles of
Incorporation, and the Rules and Regulations, if any, and any other basic documents used to create and
govern the Subdivision.
Section 1.10 "Common Area" shall mean all property owned by the Association for the common use
and enjoyment of all or a designated class of members. Common Area includes without limitation
all existing and future roads and right-of-ways and all sidewalks, greenways, waterways, median
strips, cul-de-sac centers, planting areas, recreational areas, gazebos, boat ramps, community pool,
clubhouse, open space, and easements that may be developed on the Common Area (it being
understood that this enumeration is by way of the description of the type of facilities that may be
developed and in no way shall bind or obligate.the Declarant to provide any of the described
facilities and it being further understood that Declarant in its sole discretion, may include any facility
of any type as Common Area) and all entry ways, directional and informational signs (and area set
aside for their location) and any other property as may be purchased or provided for the common use
and benefit of the Declarant, the Owners, and any member in the Association, including without
limitation such Common Area as may be shown on the recorded maps of the Property. The Common
Area shall not be used for public commercial purposes, but may be used for enjoyment of the
Association's members for fund-raising activities to support the purposes of the Association.
Section 1.11 "Common Expenses" shall mean, refer to, and include all charges, costs and expenses incurred
by the Association for and in connection with the administration of the Subdivision, including, without
limitation thereof; operation of the Subdivision, maintenance, repair, and restoration (to the extent not
covered by insurance) of Common Area; the costs of any additions and alterations thereto, including
dredging of the canals; all labor, services, common utilities, materials, supplies, and equipment therefore; all
liability for loss or damage arising out of or in connection with Common Area and its use; all premiums
for hazard, liability and other insurance with respect to the Subdivision; all costs incurred in acquiring a
Lot pursuant to judicial sale; and all administrative, accounting, legal, and managerial expenses. Common
Expenses shall also include the cost of operation, maintenance, improvement, and replacement of the boat
ramp and canal, including establishing reserves therefor. Common Expenses shall also include amounts
incurred in replacing, or substantially repairing, capital improvements within Common Area, including,
but not limited to private road and parking lot resurfacing. Common Expenses shall also include all
reserve funds or other funds established by the Association. Common Expenses shall be construed
broadly.
Section 1.12 "Declarant" shall mean Lanier Family II, Limited Liability Company, which is a North
Carolina Limited Liability Company, and its successors and assigns if the rights and obligations of
the Declarant hereunder are expressly assigned to and assumed by such successors and assigns.
Section 1.13 "Declaration" shall mean and refer to any instruments, however denominated, that
create a planned community and any amendments to those instruments.
: 4112 Page: 100 Page 3 of 25

Section 1.14 "Dwelling nit" shall mean and refer to the completed individual family living unit on
an individual Lot.
Section 1.15 "Default" shall mean any violation or breach of, or any failure to comply with this
Declaration or any other Constituent Documents.
Section 1.16 "Limited Common Element" or "Limited Common Areal' means a portion of the
Common Area allocated by the Declaration or by operation of law for the exclusive use of one or
more but fewer than all of the Lots.
Section 1.17 "Lot" shall mean and refer to any improved or unimproved designated on the Plats
of REDDS COVE SECTION II as a numbered Lot and intended for a Dwelling Unit to be constructed
thereon.
Section 1.18 "Member" shall mean and refer to all those Owners who are Members of the
Association as provided in Article V below.
Section 1.19 "Owner" shall mean and refer to any contract buyer and/or the record owner, whether one or
more persons or entities, of a fee simple title to any Lot located within REDDS COVE SECTION II, but
excluding those having such interest merely as security for the performance of an obligation, provided
however, the Declarant shall not be deemed an Owner.
Section 1.20 "Planned Community" means real estate with respect to which any person, by virtue of
that person's ownership of a Lot, is expressly obligated by a declaration to pay real property taxes,
insurance premiums, or other expenses to maintain, improve, or benefit other Lots or other real
estate described in the Declaration. "Ownership of a Lot" does not include holding a Ieasehold
interest of less than 20 years in a Lot, including renewal options.
Section 1.21 "Plats" shall mean and refer to the record plats of the Subdivision recorded by Declarant,
as the same may be amended or supplemented by Declarant from time to time.
Section 1.22 "Pronertv" or "Subdivision" generally means the lands being developed and known as
REDDS COVE SECTION II located in Onslow County, North Carolina, and being all of the property
shown on map thereof recorded in Map Book 62, Page 166, Onslow County Registry, to which map
reference is hereby made for a more complete description; and any additional property which Declarant
may make a part of REDDS COVE SECTION II, as provided for in the Restrictive Covenants. The
terms "Property", "Subdivision" and REDDS COVE SECTION II are interchangeable.
Section 1.23 "Special Declarant Rights" means rights reserved for the benefit of the Declarant,
including, without limitation, any right (i) to complete improvements indicated on plats and
plans filed with the Declaration; (ii) to exercise any development right; (iii) to maintain sales
offices, management offices, signs advertising the Subdivision, and models; (iv) to use
easements through the Common Area for the purpose of making improvements within the
Subdivision or within real estate which may be added to the Subdivision; (v) to make the
Subdivision party of a larger planned community or group of planned communities; (vi) to
make the Subdivision subject to a master association; or (vii) to appoint or remove any officer
or Board of Directors member of the Association or any master association during any period
of Declarant control.
4112 Page: 100 Page 4 of 25

When applicable for the sense of this instrument, the singular should be read as including the plural and
the male, female, and neuter pronouns and adjectives should be read as interchangeable.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 2.1 Property Presently Subject To These Restrictions. REDDS COVE SECTION H (or Phase II)
the real property which is, and shall be held, transferred, sold, conveyed and occupied subject to these
Declarations and the Bylaws, irrespective of whether there may be additions thereto as hereinafter
provided, is located in Holly Ridge, Onslow County, North Carolina and is shown as all of those certain
residential Lots on maps recorded in Map Book 62, Page 166, Onslow County Registry.
Section 2.2 Additions To Existing Propettx. As provided for herein, it is understood that Declarant, its
successors and assigns, may develop, subdivide, or sell additional tracts or parcels of land. Additional
property, including any additions (including real property and/or improvements) to the Common Area, which
may be made by Declarant at its sole and complete discretion, and property adjacent thereto may be brought
within the scheme of these Declarations and the Bylaws and the jurisdiction of the REDDS COVE HOA,
INC. in the following ways:
a. The Declarant reserves the right to develop and subject to these Declarations and the Bylaws any or
all of the Property described in SCHEDULE A, which is attached hereto and incorporated herein by .
reference. Each, any orall of the Property maybe annexed to the properties by Declarant, at its sole and
absolute discretion, and brought within the scheme of these Declarations and the Bylaws and within the
jurisdiction of the Association, in future stages of development without the consent of the Association or its
Members, provided, however, that said annexations, if any, must occur within twenty (20) years after the date
of this instrument.
b. At Declarant's sole and absolute discretion, additional adjacent properties (adjacent being defined as
inclusive of properties across a right of way or body of water) and Common Area consisting of not more than
FIVE HUNDRED (500) acres, located outside of the area described in the aforementioned SCHEDULE A
may be annexed to the properties and brought within the scheme of this Declarations and the Bylaws and the
jurisdiction of the Association in future stages of development without the consent of the Association or its
members; provided, however, that said annexations, if any must occur within twenty (20) years after the date
of this instrument.
c. The additions authorized under subsections a. and b. shall be made by filing of record
Supplementary Restrictive Covenants of REDDS COVE SECTION II and by filing of record
Supplementary Bylaws of REDDS COVE BOA, INC., with respect to the additional properties which
shall extend the scheme of the Declarations and the Bylaws of and the jurisdiction of the Association to
such properties, and thereby subject such additions to assessments for their just share of the
Association's expenses- SAid Supplementary Restrictive Covenants and Bylaws may contain such
complementary additions and modifications of these Declarations and the Bylaws as may be necessary
to reflect only the different character and density of housing planned on the added properties and as are
not inconsistent with the provisions of these Restrictions and the Bylaws.
d. The Declarant, for itself and the Association, reserves the right to grant unto property owners of
properties adjacent to or near REDDS COVE SECTION A the right to ingress, egress, regress and
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utilities through REDDS COVE SECTION H as it now exists or as it may be expanded as set forth
herein. The Declarant and/or the Association, may cause any and all roads constructed in this
development, or which may be constructed, to become a servient estate to other real property for the
sole purpose of ingress, egress, regress and utilities to said dominant estate property or to any future
recreational facilities such as a recreational area. The Declarant may grant said easement without the
consent of the Association.
e. The Declarant has subjected, and reserves the right to further subject, the real property in
REDDS COVE SECTION H or Phase II to an "UNDERGROUND ELECTRIC SERVICE LAND
DEVELOPMENT" agreement, a copy of which is recorded at Book 3618, Page 132, Onslow County
Registry for, among other things, the installation of underground electrical service and the installation of
street lighting, which AGREEMENT requires or will require a continuing monthly payment to Jones-
Onslow Electric Membership Corporation. Jones-Onslow Electric Membership Corporation shall divide
the total monthly payment between the number of Lots the Declarant has conveyed or sold to a Lot
Owner and seek reimbursement of the monthly payment from these owners.
The Declarant reserves the right to subject the remaining real property in this Subdivision to a
contract for the installation of underground electric service and/or street lighting, which requires or will
require a continuing monthly payment by each residential customer for street lighting service and other
services. If the Declarant subjects the real property in this Subdivision to such a contract, Jones-Onslow
Electric Membership Corporation shall divide the total monthly payment between the number of Lots
the Declarant has conveyed or sold to a Lot Owner.
ARTICLE III
PROPERTY RIGHTS IN COMMON AREAS
Section 3.1 Owner's Easements of Enjoyment. The Declarant makes no representation in this Declaration
as to the type, quality or amount of Common Areas and improvements other than shown on the Final Plat
as approved by the Onslow County Planning Board and subject to any contractual arrangements entered
into by Declarant prior to the filing and approval of said Final Plat and/or subject to any contractual
arrangements between the Association and a third party. However, every Lot 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 aforesaid and the following provisions:
The right of the Declarant to modify the Lot lines and adjacent Common Areas
shown on any plat of the property. Said modifications of Common Area must be
reasonable in type and amount.
ii) The right of the Declarant, prior to the filing and approval of a Final Plat, and the
Association, after the filing of and approval of said Final Plat, to enter into
contractual arrangements with a third party for the construction of amenities and
management of said amenities.
iii) The right of the Board to, at its discretion (a) fine or impose a penalty in
accordance with any provisions set forth or provided for herein the Bylaws, (b)
suspend the right of any Owner or the privilege of any Member to use such
portion(s) of the Common Areas that are recreational in nature as determined by
the Board, or (d) suspend voting rights of such Member, for any infraction of the
Declaration, Articles, Bylaws, and Rules and Regulations relating to the
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Common Areas, for a period not to exceed sixty (60) days after such infraction is
remedied, or for any non-payment or delinquency of the Assessments against
such Owner's Lot for a period not to exceed sixty (60) days after such non-
payment or delinquency is remedied;
iv) The right of the Board to adopt and enforce and from time to time amend
reasonable limitations upon use and Rules and Regulations pertaining to the use
of the Common Areas, including regulations limiting guests of Owners and
Tenants who may use the Common Areas at any one time;
v) The right of the Association to grant permits, licenses and public or private
easements over Common Areas for utilities, roads and other purposes reasonably
necessary or useful for the proper maintenance or operation of the property;
vi) The right of the Association to dedicate or convey portions of the Common Areas
to applicable governmental authorities for park or other public purposes; or
vii) The right of the Association to mortgage, pledge, deed in trust, or hypothecate
any or all of its real or personal property, including common areas and any
amenities contracted thereon, for money borrowed or debts incurred.
Section 3.2 Extension of Use By Owners. Any Owner may extend his right of enjoyment to the Common
'Areas to the immediate and/or extended members of his family, his Tenants, guests or contract purchasers
of the Owner's Lot.
Section 3.3 Extension Of Use By Association. The Association, or its assigns, shall have the right to
Permit any person the use of the Common Areas and amenities constructed thereon and may charge
reasonable fees and contribution amounts for the use of the Common Areas and any amenities constructed
thereon, unless otherwise prohibited.
Section 3.4 Titleto Common Areas. The Declarant reserves the right itself, its successors and assigns, to
convey portions of the Common Areas to the Association, which will be recorded by deed in the Onslow
County Registry.
Section 3.5 Reservation By Declarant. The Declarant further reserves to itself, its successors and assigns,
the right to erect and maintain utilities, drainways and other public conveniences in Common Areas,
including the right to cut any trees, bushes or shrubbery, make any grading in the soil, build buildings or
take any similar action reasonable and necessary or desirable to provide economical and safe installation
or service.
3.5.1 Clubhouse and Amenities. The Declarant further expressly reserves to itself, its successors
and assigns, and upon formation of the Association, to the A.s.Qociatiop, its successors and assigns,
the right to construct, operate and manage any club, or other like facility with associated
amenities, upon any of the property not designated as a residential Lot for the mutual enjoyment
of the Owners and to establish reasonable fees, rules and regulations for the use thereof. The
Declarant specifically reserves the right to transfer these facilities to the Association with the
Common Area.
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Section 3.6 Association's Duties. The Association shall have the duty to repair, replace and maintain all
Common Area, including recreational areas and improvements located thereon, and all streets, roads,
boat ramp, road right of ways, and other common property.
ARTICLE IV
GENERAL USE RESTRI( rTOKC
Declarant does hereby covenant and agree with all persons, firms or corporations hereafter acquiring title
to any portion of the Property that Property is hereby subject to this Declaration as to the use thereof and
do agree, publish and declare that the deeds hereinafter made by it to purchasers of the Property shall be
made subject to the Bylaws and to the following Restrictions:
Section 4.1 Structural Reauirements. Except as otherwise provided in these Restrictions, the Lots shall be
used for residential purposes only. Further, no structure shall be erected, placed, altered or permitted to
remain on any Lot other than a detached, single-family dwelling and related strictures incidental to the
residential use of the Lot, such as garages, which otherwise comply with these Restrictions, except that
Declarant reserves the exclusive right to construct a roadway over any Lot owned by it in order to grant
access to other property acquired by Declarant and in such cases, the remainder of any such Lot not used
for the roadway shall still be subject to these Restrictions. Any Dwelling Unit may include an in-law
suite or servants' quarters, provided the in-law suite or servants' quarters is attached to the Dwelling Unit;
further, it may include a home office, provided the home office is attached to the Dwelling Unit and it is
not receiving clients on a regular basis.
4.1.1. New Residential Building Required. Only new residential buildings shall be permitted on
any Lot, it being the intent of this Declaration to prohibit the moving of any existing building or
portion thereof on a Lot and remodeling or converting the same into a Dwelling Unit in this
Subdivision, excepting, however, Declarant's mobile offices provided for hereinbelow and Off
Frame Modular homes, where walls are brought in sections and assembled on site. Other Modular
homes, manufactured homes, and homes built off -site are not permissible; only on -site stick -built
Dwelling Units are permissible and no Dwelling Units constructed elsewhere shall be allowed to
be conveyed into and located on a Lot within the Subdivision.
4.1.2. Temporary Structures Not Permitted. No trailer, truck, van, mobile home, doublewide
mobile home, modular home, structure constructed off -site, tent, camper, barn, garage, or other
outbuilding or temporary structure parked or erected on Lots in this Subdivision shall at any time
be used as a residence, temporarily or permanently, nor shall any structure of a temporary
character be used as a residence. The Committee shall have the right to approve or disapprove at
its sole and absolute discretion, temporary construction shelters or vehicles. The Committee,
upon approval of a temporary construction shelter or vehicle, will issue a letter stating the length
of time such shelter will be allowed to remain upon such Lot and where such shelter is to be
located upon such Lot.
4 1 3 Declarant's Construction Office Permitted. Declarant shall be permitted to erect one
mobile office on any Lot that it owns for the purpose of maintaining a sales information center
and construction office.
4.1.4. Minimum Size Requirements. Each Dwelling Unit shall have an Enclosed Finished Area
(exclusive of garages and open porches) not less than One Thousand Six Hundred (1,600) square feet,
regardless of the number of stories. Declarant hereby reserves the right to grant a ten percent (10%)
8
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variance of this requirement.
Section 4.2 Landscaping Requirements. All front yards are to be sodded to the front comers of the house.
All side and back yards are to be seeded with the same variety of grass used to sod the front yard, unless
that area is screened by a fence. Further, all trash receptacles, heat pumps, and other outside mechanical
equipment shall be screed from view. Screening of the outside mechanical equipment may iw with
vegetation. All of the provisions of this paragraph shall be a part of the original construction plans.
4.2.1 Removal Of Trees. During construction, no trees of any kind [except pine trees and gum
trees] in excess of five (5) inches in diameter at the ground level may be removed from any Lot
without the prior approval of the Committee, unless those trees are within the building site or
within twelve (12) feet of the main dwelling. After the initial construction of the Dwelling Unit,
no trees that lie twelve (12) feet or more from the main dwelling may be removed from any Lot
without the prior approval of the Committee. The Association may issue a fine to a Lot Owner in
the amount of One Hundred Dollars ($100.00) for each tree removed without permission from the
Committee. Additionally, the Committee may require any removed trees) to be replaced by the
Lot Owner, at the Lot Owner's expense, with trees of the same size, age, and species as the trees)
removed.
4.2.2�. No clearing of any type shall be permitted on any Lot without prior approval from
the Committee.
Section 43 Architectural Review Committee Approval Required. The design, location and complete
construction plans (hereinafter "plans') of all improvements on each Lot (regardless of when such
improvements are made) and the landscaping of each Lot must be approved in advance by the
Architectural Review Committee, hereinafter referred to as the "Committee," which Committee is
established pursuant to the Bylaws. No building, fence, wall, bulkhead, dock, pier, pool, outbuilding,
driveway or any other accessory feature to the Dwelling Unit or any other structure upon any Lot shall be
commenced, erected, placed, maintained or altered on any Lot or combination of contiguous Lots, nor
shall the grade or elevation or physical characteristics of any Lot, combination of contiguous Lots, or
portions of a Lot or Lots thereof be altered in any way whatsoever, until the proposed building plans,
specifications, exterior colors and finishes and site and grading plans (showing the proposed location of
such building or structure, drives, parking areas and proposed alterations to the grade, elevation or
physical characteristics of the site) have been approved in writing by the Committee. The Committee's
refusal to approve any such plans, location or specification may be based by the Committee upon any
ground, including purely aesthetic and environmental considerations, that it, in its sole and uncontrolled
discretion, shall deem sufficient.
Without prior written consent of the Committee, no changes or deviations in or from such plans or
specifications as approved shall be made. No alterations in the exterior appearance of any building or
structure, or changes in the grade, elevation or physical characteristics of any Lot shall be made without
like approval by the Committee. The Plans shall include the complete construction plans, the plot plan.
(showing proposed location and elevation of such building, fences, walks, drives, parking area, etc.),
proposed building plans and specifications, exterior color, finish and materials. One (1) full copy of all
plans and related data shall be furnished to the Committee for its records. The Committee shall not be
responsible for any structural or other defects in plans and specifications submitted to it or in any
structure erected according to such plans and specifications. The Committee shall not be responsible for
any failure of the plans to comply with the Stormwater Management Permit referenced in Section 4.6 of
this Article. The Committee may require additional data from any Lot Owner, including data relating to
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adjacent and related Lots and related matters such as water well engineering plans and specifications, and
may include in its approvals reasonable terms and conditions to apply to groups of Lots such as water
well standards and surface water effluent requirements, and to apply to the construction site sanitary
maintenance and clean up. If no action is taken by the Committee within forty five (45) days after plans
are submitted to it, the Owner may proceed to build without approval, but in any event all improvements
must be in accordance with these Restrictions. However, the forty five (45) day period shall not begin to
run until all requested data is received by the Committee.
The Declarant reserves the right to override the Committee. This right to override the Committee shall
exist until the Declarant conveys seventy-five percent (75%) of the Lots within the Subdivision, or until
the Declarant turns over the Subdivision to the Association.
Section 4.4 Sotback Requirements. All improvements to the Lot must comply with Onslow County
setback requirements for a planned development. The establishment of inflexible building setback lines
for location of houses on Lots tends to force construction of houses directly to the side of other Dwelling
Units with detrimental effects on privacy, view, preservation of important trees and other vegetation,
ecological and related considerations. In order to assure, however, that the foregoing considerations are
given maximum of eck 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 Committee, however, all requirements
imposed by the Committee must be in accordance with the Onslow County Zoning Ordinance,
Subdivision Ordinance, or the Planning Board's approval. Further, absent the extraordinary
circumstances set forth below, the Committee shall approve no plans unless the foIlowing minimum.
setback requirements are met:
a) Front setback for conventional Lots shall be as shown on the recorded maps.
b) Rear setbacks for conventional Lots shall be as shown on the recorded maps.
c) Side setbacks for conventional Lots shall be as shown on the recorded maps.
d) Setback lines for swimming pools on any Lot shall be set on a case by case basis.
e) Setback lines for fences and walls shall be set on a case by case basis.
The Committee shall have the right to approve deviations from each of these setback
requirements upon application of an individual Lot Owner if, for reasons of topography or well or septic
approvals, strict compliance creates a hardship if such approval does not violate the Onslow County
Zoning Ordinance, Subdivision Ordinance or Planning Board approval. If required by Onslow County,
each plot plan must receive zoning approval prior to the commencement of any construction.
Section 4.5 Combinine Lots. More than one Lot may be combined to form one or more Lots by (or with
the written consent of) Declarant, its successors and assigns. No Lot may be subdivided by sale or
of ierwise, except by (or with the written consent of) Declarant, its successor, and assigns. Upon
combination or subdivision of Lots, the building line requirements prescribed herein shall apply and the
easements reserved herein shall be applicable to the rear, side and front Lot lines of such Lot as combined
or subdivided. The resulting building site and structures erected thereon must otherwise comply with
these Restrictions and the new property line of the resulting building site shall be used to compute the
setback lines as set forth herein.
10
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Section 4.6 Restrictions Established By Division of Water Ouality. The following covenants and
restrictions are intended to ensure ongoing compliance with the State Management Permit Number
SW8 060560 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. The following covenants are to run with the land and be binding on all
persons and parties claiming under them and may not be altered or rescinded without the express written
consent or the State of North Carolina, Division of Water Quality.
a) The maximum allowable built -upon area per Lot is 4,677 square feet. This allotted
amount includes any built -upon area constructed within the Lot 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, pavement, asphalt, concrete, gravel, brick, stone, slate and coquina, walkways, or
patios of brick, stone, or slate, but does not include raised, open wood decking or the water surface of
swimming pools. Declarant reserves the right to recalculate the maximum allowable built -upon areas if
required or allowed by applicable regulations.
b) Alteration of the drainage as shown on the approved plans may not take place without the
concurrence to the Division of Water Quality.
c) 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.
d) For those Lots within the CAMA'S Area of Environmental Concern, where a built -upon
area is calculated based on current CAMA regulations that is different from DWQ'S the maximum built -
upon area for that Lot shall be the most restrictive of the two.
e) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters. This area shall be maintained by each Lot Owner.
f) All roof drains shall terminate at least 30' from the mean high water mark.
g) Built -upon area in excess of the permitted amount will require a permit modification.
Section 4.7 Excavation Prohibited. There shall be no excavation on any Lot which does not pertain to the
building or construction of a Dwelling Unit.
Section 4.8 Driveways• Parking.
4.8.1 Driveways Are Private. All connections of private driveways to the REDDS COVE
SECTION H road system shall be constructed, by the Lot Owner, and maintained, by the Lot
Owner, in accordance with the rules, regulations and specifications of the North Carolina
Department of Transportation. The Committee has additional authority to develop rules,
regulations and specifications regarding driveways so long as those rules, regulations and
specifications do not conflict with those of the North Carolina Department of Transportation.
4.8.2 Driveway Specifications. In order to insure fire protection is readily available to all Lots,
all driveways which connect residences or other structures that are more than fifty (50) feet from
the Subdivision road must be at least eleven (11) feet in width, with a clearance of no less than
eleven (11) feet in height.
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4.5.3 Overnight Parking. Overnight street parking is not permitted.
Section 4.9 Right Of Wa. There shall be no signs, fencing or parking permitted within the road right-
of-way.
Section 4.10 Noxious Or Offensive Activity Prohibited. No noxious or offensive trade or activity shall. be
carried on upon any Lot, nor shall anything be done thereon which may become an annoyance or nuisance
to the Subdivision. No animals or poultry of any kind may be kept or maintained on any of said Lots,
except a reasonable number of dogs, cats and birds that are kept on the Owner's Lot. No pets (including,
but not limited to dogs and cats) shall be permitted to roam the Lot, and the Association may have strays
and animals (including, but not limited to dogs and cats) that are not leashed and are found off their
Owner's Lot removed by government authorities.
Section 4.11 Pollution Prohibited. The throwing or dumping of trash, garbage and waste materials shall
not be permitted. The interference of any stream, canal, or future waterway so as to cause pollution or
stagnation in these waterways is prohibited. No clearing, filling or disturbing of the wetlands in violation
of the governmental regulations shall be permitted. No heating or cooling system shall discharge surface
water from any Lot without prior approval from the Committee.
Section 4.12 GeneraI/Miscellancous Use Restrictions. It shall be the responsibility of each Lot Owner to
prevent any unclean, unsightly or unkempt condition of buildings or ground on such Lot consistent with
the Subdivision as determined by the Board of Directors. The standard of performance for maintenance
as used herein shall include, without limitation, maintenance; repair and replacement as needed, as well as
other duties, as the Board of Directors may determine necessary or appropriate to satisfy the Community -
Wide standard as established by the Board Of Directors. All maintenance shall be performed in a manner
consistent with the Community -Wide standard for the Subdivision and all of the applicable restrictive
covenants.
4.12.1 Failure To Maintain- Remedies Of Association. If, in the opinion of the Association, any
Owner shall fail to maintain any Lot owned by such Owner in a manner which is reasonably neat
and orderly and as is required by these Restrictions, all in the sole opinion of the Association, the
Association in its sole discretion, by an affirmative vote of a majority of the members of the
Board of Directors, and following ten (10) days written notice to the Lot Owner, may enter upon
and make or cause to be made the repairs or maintenance to the Lot as the removal of trash,
cutting of grass, pruning of shrubbery, weeding and items of erosion control. The Association
shall have an easement for the purpose of accomplishing the foregoing. The reasonable cost
incurred by the Association in rendering all such service, plus a service charge of fifteen percent
(15%) of such cost, shall be added to and become an Individual Assessment to which the Lot is
subject.
4.12.2 Trash. No portion or part of any Lot shall be used or maintained as a dumping ground for
rubbish or other refuse. Trash, garbage or other waste shall not be kept, except in sanitary
containers screened from view from all roads, all other Lots and from the Common Area provided
that the Declarant, prior to the sale of such Lot, may use portions of such lot as a burial pit in
accordance with governmental regulations.
4.12.3 Gas Containers And Oil Tanks. Bottled gas containers and oil tanks shall be screened
from view from all roads, all other Lots and from the Common Area.
[PA
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4 12.4 Swimming Pools. There shall be no above -ground swimming pools on any Lot. inflatable
"kiddie pools" are allowed only in the backyard and shall be removed each winter.
4.12.5 Clotheslines. No outside clotheslines are permitted.
4 12.6 Satellite Dishes. No satellite dishes, more than twenty-four (24) inches in diameter shall
be permitted and the location of all satellite dishes must be approved by the Committee before
installation.
4.12.7 Fences. Fences shall be of a design, color and choice of materials as designated by the
Declarant, or, if the Declarant so designates, by the Committee. No chain link fence shall be
allowed on any Lot.
4.12.8 Mail Boxes. Mail boxes slialibe of a design, color, and choice of materials, including
style and model number as designated by the Declarant, or if the Declarant so designates, by the
Committee; further, the placement of all mail boxes shall be as designated by the Declarant, or if
the Declarant so designates, by the Committee. No separate newspaper boxes are permitted for
any Lot. Newspaper boxes may be combined with mail boxes on one post when the design of the
boxes, post and the placement thereof has been approved by the Committee. The provisions of
this paragraph shall not violate North Carolina Department of Transportation standards.
4.12.9 Vehicles. Recreational Vehicles Personal Wat raft.
a) There shall be no junk automobiles, junk of any sort, unserviceable vehicles or
salvage stored or placed or allowed to remain on or in any Lot or any other portion of
the Subdivision.
b) Unless located within enclosed garages, no boat and/or boat trailer over 28 feet in
length, travel trailer, motor home, tractor trailer truck, or any other such vehicle shall
be kept or maintained or located upon any Lot unless and except with prior approval
of the Committee.
c) Boats and/or boat trailers less than 26 feet in length must be stored behind the
building set back line.
d) No vehicles that are disabled or under repair shall be kept upon any Lot unless
located within enclosed garages.
e) Unlicensed automobiles, including antique cars, if present, must be stored out of
sight in a garage.
f) Large trucks shall not be parked on a regular, or constant basis, or at fixed intervals
within the Subdivision. "Large truck" shall be defined as any non -passenger vehicle
larger than a 3/4 ton pick-up truck or any vehicle having more than two axles.
g) The operation of 3-wheeled and 4-wheeled powered all terrain recreational vehicles
[commonly referred to as "three wheelers" and "four wheelers"] by anyone on any part
of the Property or any portion of RE1;D1DS COVE SECTION H is prohibited.
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4.12.10 Sipage. All signage shall be in conformance with the Onslow County Zoning
Ordinances, as amended, Subdivision Ordinances and Road Naming, Housing Numbering
Ordinances. No billboards or signs of any description, including "for sale" or "for rent" shall be
displayed upon any Lot with the exception of "for sale" signs which shall be of a design, color
and choice of materials as designated by the Declarant, or, if the Declarant so designates, by the
Committee. The Declarant reserves the right to place and maintain development and "for sale"
signs in the Subdivision in the manner and place that it deems appropriate. All signs must be
approved by Declarant, or if Declarant so designates, by the Committee. Declarant also reserves
the right to erect and maintain signs designating streets, creek access, recreational areas, and any
other signs that will aid in the development of REDDS COVE SECTION H. During periods of
construction, the general contractor shall be allowed a sign of a design and substance approved by
the Declarant, its successors or assigns, or if the Declarant so designates, by the Committee, but
no sub -contractor signs shall be permitted.
4.12.11 Flags. One United States flag is permitted on each Lot. Other flags must be approved
by the Committee.
Section 4:13 Use and Occu angy. The Association shall make Rules and Regulations to govern the use
and occupancy of the Subdivision. In addition, the Covenants, Conditions, and Restrictions in this
Declaration shall run with the land and shall be binding upon each Lot Owner, his or her heirs, tenants,
licensees, and assigns.
Section 4.14 Obstruction of Common. There shall be no storage or parking of any items, including
baby carriages, playpens, bicycles, wagons, toys, vehicles, benches or chairs in any part of the Common
Areas, except as permitted by the Rules and Regulations.
Section 4.15 Alteration of Common Areas. Nothing shall be altered or constructed in or removed from the
Common Areas except as otherwise provided in this Declaration and except upon the written consent of the
Association.
Section 4.16 Rental of Dwelling Units. In order to protect the equity of the Lot Owners and to carry out
the purpose for which the Association was formed by preserving the character of the Subdivision as a
homogeneous predominantly Owner-oaupied residential community and>n avoid the character ofa rentw-ov upied
neighborhood, Dwelling Units in the Subdivision may be leased by the respective Owners at any one time, provided the
following conditions are met (a) not less than the entire Dwelling Unit is being leased; and (b) the term is not less
than one (1) year. After the satisfaction of the initial one (1) year terra, the lease term between the
Owner and the same tenant who satisfied the initial one (1) year term can transfer to a month to month
lease. All leases of any Dwelling Unit shall be in writing. All such leases shall provide that they are
subject to all of the provisions of the Declaration, the Bylaws and the Rules and Regulations and that any
failure by the lessee to comply with any of such provisions shall constitute a default under the lease. A
copy of each such lease shall be given to the President of the Association immediately after it is executed
and the Lot owner may redact the rental amount from the lease.
ICLE V
:S ASSOCIATION
14

Section 5.1 Homeowners Association. There has been created a North Carolina non-profit corporation,
known as REDDS COVE HOA, INC., which shall be responsible for the maintenance, management and
control of the Common Areas.
Section 5.2 Board of Directors and Officers. The Board of Directors, and such officers as may be
elected or appointed in accordance with the Articles or the Bylaws, shall conduct the affairs of the
Association. The Board of Directors may also appoint committees and managers or other employees and
agents who shall, subject to the general direction of the Board of Directors, be responsible for the day-to-
day operation of the Association.
Section 5.3 Rules and Regulations. By a majority vo*_ of the Board of Directors, the Association may,
from time to time, adopt, amend and repeal Rules and Regulations with respect to all aspects of the
Association's rights, activities, and duties under this Declaration. The Rules and Regulations may, without
limitation, govern use of the Subdivision, including prohibiting, restricting or imposing charges for the
use of any portion of the Subdivision by Owners, Residents or others, interpret this Declaration or
establish procedures for operation of the Association or the administration of this Declaration; provided,
however, that the Rules and Regulations shall not be inconsistent with this Declaration, the Articles, or the
Bylaws. A copy of the Rules and Regulations, as they may from time to time be adopted, amended or
repealed, shall be maintained in the office of the Association and shall be available to each Owner upon
request.
Section 5.4 Membershio in Association. Every Owner of a Lot shall be a Member of the
Association. Such Owner and Member shall abide by the Association's Rules and Regulations, shall pay
the Assessments provided for in this Declaration, when due, and shall comply with decisions of the
Association's governing body. Conveyance of fee simple title to a Lot automatically transfers
membership in the Association (as to each Lot, a "Membership") without necessity of further
documents. Membership shall be appurtenant to and may not be separated from ownership of any Lot
that is subject to Assessment.
Section 5.5. Members. Every person, group of persons, or entity which is a record Owner of a fee or
undivided fee interest in any Lot which is subject by the Declaration to assessment by the Association,
including contract sellers, shall be a Member of the Association. The foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject by the Declaration to assessment by the Association.
5.5.1 Voting. Each Member shall have one (1) vote in the affairs of the Association. When
more than one person holds an interest in any Membership, the vote for such Membership 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.
Section 5.6 Maintenance Obligations of the Association. The Association, at its expense, shall
maintain, operate, and keep in good repair, unless such obligations are assumed by any municipal or
governmental agency having jurisdiction thereof, the Common Areas and all improvements located
thereon for the common benefit of the Subdivision. This shall include, without limitation, the
maintenance, repair, replacement, improvement and painting of the following landscaping and
improvements (to the extent that such are located upon or constitute Common Areas): (a) all private
roadways, sidewalks, walkways and uncovered parking spaces; (b) all lawns, trees, grass and landscape
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areas, and fences, except as otherwise set forth herein below; (c) all conduits, ducts, utility pipes,
plumbing, wiring, and other facilities which are part of or located in, or for the furnishing of utility
services to, the Common Areas and which are not for the exclusive use of a single Dwelling Unit;
(d) lighting of the streets, roads, drives, rights of way, boat ramp and canals; (e) the community boat
ramp; and (f) dredging the canal.
The Association shall make the determination as to when maintenance, repair, improvement, replacement
and care shall be done, and its determination shall be binding. The Association shall have the right to
employ a manager to oversee and implement the Association's maintenance obligations, and any such
management fees incurred thereby shall be paid by the Association. The Association shall also perform
the other duties prescribed by this instrument or the Association's Rules and Regulations.
Section 5.7 Maintenance Obligation of the Lot Owners. The responsibilities of each Lot Owner
include:
5.7.1 To clean, maintain, keep in good order, repair and replace at his or her expense all
portions of his or her Lot and Dwelling Unit. Any repair, replacement, and maintenance work to
be done by an Owner must comply with any Rules and Regulations of the Association including
Architectural Review Committee.
5.72 To perform his or her responsibilities in such a manner so as not to unreasonably disturb
other persons residing within the Subdivision.
5.7.3 Not to paint or otherwise alter, or change the appearance of any exterior portion of his or
her Dwelling Unit, without the written consent of the Architectural Review Committee.
5.7.4 Not to impair the use of any easement without first obtaining the
written consent of the Association and of the Owner or Owners for whose benefit such easement
exists.
5.7.5 Each Owner shall be deemed to agree by acceptance of delivery of a deed to a Lot, to
repair and/or replace, at his or her expense, all portions of the Common Areas which may be
damaged or destroyed by reason of his or her own intentional or negligent act or omission, or by the
intentional or negligent act or omission of any invitee, Tenant, or licensee family member,
including, but not limited to, any repairs necessary which result from damage incurred by pets or
vehicles owned by the Owner, or owned by any guest, invitee, Tenant or licensee of such Owner.
To the extent that any Common Area is damaged as an insurable loss and the proceeds from the
Association's insurance policy are utilized to pay for the loss, the Owner shall be responsible for
payment of the deductible as an Individual Assessment in accordance with Section 6.6 and
Section 9.7 below.
ARTICLE VI
COVENANT FOR ASSESSMENTS
Section 6.1 Payment Of Assessment By Declarant The Declarant shall not be obligated to pay any
common expenses of the Association or any portion of a common expense assessment. For a period of
two [21 years from the date of this Declaration, the Declarant agrees to maintain the mowing for the
common areas of the Subdivision and to pay the insurance for the common areas of the Subdivision.
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When this initial two 121 year period expires, the Association will be obligated to pay these expenses and
the Declarant shall not be obligated to pay any common expenses or any portion of a common expense
assessment, regardless of the number of Lots it owns.
Section 6.2 Calculation of Assessments. Except for assessments under subsections 6.2.1, 6.2.2, 6.2.3
and 6.2.4 of this section, all Common Expenses shall be assessed against all the Lots in accordance with
the allocations set forth in this Declaration. Any past -due common expense assessment or installment
thereof bears interest at the rate established by the Association not exceeding eighteen percent (I No) per
year.
6.2.1 To the extent required by the Declaration:
(a) Any Common Expense association with the maintenance, repair, or replacement of a
Limited Common Element shall be assessed against the Lots to which that Limited
Common Element is assigned, equally, or in any other proportion that this Declaration
provides;
(b) Any Common Expense or portion thereof benefiting fewer than all'of the Lots shall
be assessed exclusively against the Lots benefitted; and
(c) The costs of insurance shall be assessed in proportion to risk and the costs of utilities
shall be assessed in proportion to usage.
6.2.2 Assessments to pay a judgment against the Association maybe made only against the
Lots in the Planned Community at the time the judgment was entered, in proportion to their
Common Expense liabilities.
6.2.3 If any Common Expense is caused by the negligence or misconduct of any Lot Owner or
occupant, the Association may assess that expense exclusively against that Lot Owners or
occupant's Lot. The Association may choose to have the maintenance, repair or replacement done
and then charge the cost thereof to said Lot Owner, to be paid within thirty (30) days thereafter,
unless an earlier date is otherwise set forth herein.
6.2.4 If Common Expense liabilities are reallocated, Common Expense assessments and any
installment thereof not yet due shall be recalculated in accordance with the reallocated Common
Expense liabilities.
Section 6.3 Regular Assessments. The Association shall have the right, from time to time, to establish
a reasonable assessment, which assessment shall be paid by each Owner in such periodic installments as
the Association may determine, to be used to pay: (1) the operation and administrative expenses of the
Association; (2) the costs of maintenance, upkeep, replacement and repair of all streets, roads, road right
of ways, boat tamp, and other Common Area, including dredging the canals; (3) other expenses necessary
or useful to maintain and operate the Association and the recreational facilities (including, without
limitation, the procuring, maintenance and paying the costs of insurance related to the Common Area and
of surety and other bonds related to the management of the Common Area and the Association); and
(4) the costs of exercising any rights or obligations that arise by reason of an agreement permitted by this
Declaration.
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6.3.1. The initial annual assessment payable by each Owner shall be $420.00 per Lot per
calendar year. The annual assessment shall be due and payable on January 31 of each year,
commencing January 31, 2012, provided the Board of Directors may elect to permit payment
in such installments at such times as it shall determine. This assessment will be payable and
no exception shall apply to any Lot purchased by a builder who purchases a Lot for the
purpose of building a custom Dwelling Unit under contract with the U1ti.m.ste residents. This
assessment will be prorated on a calendar year basis from the date title to each Lot for which
an assessment is payable is transferred to the Owner. Only the Declarant is exempt from
paying an annual assessment.
13.2. The annual assessment may be increased or decreased by the Board of Directors of tl:e
Association without a vote of the membership to an amount not more than ten percent (10%)
in excess of the annual assessment for the previous year. A majority vote of each class of
voting members of the Association present at a meeting of the Association must approve an
increase or decrease in the yearly assessment if the increase or decrease exceeds the
assessment for the previous year by more than ten percent (I No).
3_3. Annually the Board of Directors. of the Association shall determine and shall give
written notice to each Owner of the annual assessment affixed against each Owner for the
immediately succeeding calendar year.
Section 6.4 S e i I Assessments. In addition to the assessments specified hereinabove, the Association
may levy special assessments for the purpose of supplementing the regular assessments if the same are
inadequate to pay the reasonable maintenance expenses and operating costs of the Association as
described in Section 6.3 hereof, provided that any such special assessments shall have the assent of a
majority of each class of the voting members of the Association at a duly called meeting.
Section 6.5 Individual Assessments or "Fine Assessments". In addition to the assessments specified
hereinabove, the Association, through the Board of Directors, or an adjudicatory panel established by
the Board of Directors, may levy a reasonable individual assessments or "Fine Assessment," as a fine
or penalty for violation of this Declaration, the Bylaws, and the Rules and Regulations, all in
accordance with the Planned Community Act. A lien may be filed for this Fine Assessment and this
Fine Assessment may be enforced by foreclosure. An individual assessment or "Fine Assessment" may
also be levied against a particular Lot or Lots to cover costs incurred in bringing the Lot or Lots into
compliance with the terms of these Declarations, all applicable Supplements and Amendments hereto, the
Articles of Incorporation of the Association, the Bylaws of the Association and the Rules and Regulations
including Design Guidelines established by the Association, or costs incurred as a consequence of the
conduct of the Owner or occupant of a Lot, their lessees, licensees, invitees, or guests; provided the Board
of Directors, or an adjudicatory panel established by the Board of Directors shall give the Owner prior
written notice and an opportunity for a hearing before levying an individual assessment under this section.
Section 6.6 Late Char e{�And Interest On Unpaid Assessments. If the Assessment fi; not paid within
thirty (30) days after the due date, the Assessment shall be subject to such late charges and shall bear
interest at a rate per annum as shall be determine by the Board of Directors of the Association, which
interest rate shall not exceed the highest rate of interest allowed by law. The initial late charge imposed
for late payment of any assessment is $25.00 and shall be charged as to any assessment that is not paid
within thirty (30) days of its due date. The initial interest rate for late payment is 18% per year 0.5% per
month) which shall commence to accrue on any assessment or other account balance that is not paid
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within thirty (30) days of the due date. The Board of Directors may change the initial late charge,
interest rate, due dates and lien assessment date by majority vote of the Board.
Section 6.7 Lien For Unpaid Assessments. Any assessment levied pursuant to this Declaration which is
not paid on the date when due shall be delinquent and shall, together with such interest and other costs as
set out elsewhere in this Declaration, thereupon become a continuing lien upon the 1.nt which shall bind
the Lot in the hands of the then Owner and the Owner's successors and assigns. The Association may
enforce collection of said assessment in law or in equity, including without limitation, the filing or notice
of lien and perfecting the same as by law provided to the end that such unpaid assessment together with
the costs and expenses of collection, including without limitation, reasonable attorneys' fees, shall be a
charge and lien against the said Lot. All of the provisions of the N.C.G.S. Section 47F-3-116, entitled
Lien For Assessments, are applicable hereto and are incorporated by references as if fully set forth
herein.
Neither the assessments nor the costs of collection shall be a lien upon any Common Area.
Section 6.9 Priority of Association Lien. The lien provided for in this Article shall take priority
over any lien or encumbrance subsequently arising or created, except liens for real.estate taxes and
assessments and liens of bona fide first mortgages which have been filed of record before a claim of the
lien hereunder has been docketed in the Office of the Clerk of Superior Court in Onslow County, and
may be foreclosed in the same manner as a mortgage on real property under power of sale in an action
brought by the Association in accordance with the Planned Community Act. The Association is entitled
to recover its reasonable attorneys' fees and court costs and collection costs, as part of the lien. In any
such foreclosure action, the Association shall be entitled to become a purchaser at the foreclosure sale.
Section 6.9 Purchaser at Foreclosure Sale Subject to Declaration. Bylaws Rules and Regulations of the
Association. Any purchaser of a Lot at a foreclosure sale shall automatically become a Member of the
Association and shall be subject to all the provisions of this Declaration, the Bylaws, and the Rules and
Regulations.
Section 6.10 Miscellaneous.
6.10.1 Owner has the sole responsibility of keeping the Association informed of the Owner's
current address if different from the Lot owned. Otherwise, notice sent by Association to the Lot
is sufficient for any notice requirement under this Declaration.
6.10.2 The lien under this Article arises automatically, and no notice of lien need be recorded
to make the lien effective, however, Owner will be notified of any action taken.
6.10.3 The Assessment lien includes all collection costs, including demand letters,
preparation of documents, reasonable attorneys' fees, court costs, filing fees, collection fees, and
any other expenses incurred by the Association in enforcing or collecting the Assessment.
6.10.4 Any Assessment otherwise payable in installments shall become immediately due
and payable in full without notice upon Default in the payment of any installment. The
acceleration shall be at the discretion of the Board.
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6.10.5 No Owner of a Lot may exempt himself or herself from liability for his or her
contribution toward the Common Expenses by waiver of the use or enjoyment of any of the
Common Areas or by the abandonment of his or her Lot.
ARTICLE VII
EASEMENTS AND ENCUMBRANCES
Section 7.1 General Easements. Subject to the conditions set forth herein, each and every Lot Owner is
hereby granted an easement to pass over, use and enjoy the Common Areas, and all roads, bridges, and
rights of way, provided, however, that Declarant, its successors or assigns, and the Association shall
retain the right to establish rules or regulations for the use and enjoyment of such easements.
Section 7.2 Utility Easements. In addition to the easements that are shown on the recorded Plats of
REDDS COVE SECTION H, easements ten (10) feet in width along the Lot lines of all Lots are reserved
by Declarant, its successors and assigns, for installation, repair, replacement and maintenance of utilities,
including the right to keep said easements free and clear of all obstructions. An easement of twenty (20)
feet is reserved for such purposes along the rear lines of all Lots that do not adjoin other Lots or properties
within REDDS COVE SECTION H. As between the easements reserved by this Declaration and the
easements that are located in the same area as shown on the recorded maps, the easements that are greater
in width shall be the easements that are in effect.
Section 7.3 Temporary Easements. Declarant reserves a temporary construction easement of twenty-five
(25) feet in width along both sides and running parallel to all streets or roads, which easements shall
expire the earlier of twenty four (24) months after the particular road construction commences, or upon
the acceptance of such street or roads for maintenance by governmental authority.
Section 7.4 Permanent Easements. Further, Declarant reserves a permanent easement, including the right
to grant permanent easements, over and upon al I streets and roads and ten (10) feet in width along both
sides and running parallel to all streets, roads and canals, said permanent easement being for the
construction and maintenance of utilities to service the Lots and adjoining properties and dredaina of the
canals. Further, Declarant reserves the right to grant to all adjacent and adjoining property owners
permanent easements for ingress, egress, regress and utilities over and upon all of the roads and streets
located within REDDS COVE SECTION H. Nothing in these restrictions, nor in the recording of any
plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any Common Area
within REDDS COVE SECTION Q however Declarant, its successors and assigns, reserves the right to
convey the streets and roads within REDDS COVE SECTION II to the North Carolina Department of
Transportation.
Section 7.5 Future Easements. The Declarant herein reserves and shall have the right, in the absolute and
sole discretion of the Declarant, to grant the right to use the Roads, Open Spaces, Easements, Septic Sites,
Sewer Systems, and other areas not designated as Lots on said map of REDDS COVE, SECTION II,
recorded in Map Book 62, Page 166, Onslow County Registry, to the owners of properties located on or
to be located on the property described on the attached SCHEDULE A. Further, it is understood that
Declarant, its successors and assigns, may develop, subdivide, or sell additional tracts or parcels of land.
Declarant reserves the right for itself, its successors or assigns to connect such additional property to this
Subdivision and to grant easements to use the roads and Common Areas of this Subdivision.
Section 7.6 Easements to Run with Land. All easements and rights described in this AftiRle VII are
easements appurtenant, running with the land, perpetually in force and effect, and at all times shall inure
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to the benefit of and be binding on the Declarant and any Owner, purchaser, mortgagee, and any other
person or entity now or hereafter having an interest in the Subdivision, or any part or portion of them.
Section 7.7 Reference to Easements and Deeds. Reference in the respective deeds of conveyance or any
mortgage, or deed of trust or other evidence of obligation, to the easements and rights described in this
Declaration, shall be sufficient to create and reserve such easements and rights to the respective
grantees, mortgagees and trustees in said instruments as fully and completely as those such easements and
rights were recited fully and set forth in their entirety in such instruments.
Section 7.8 CAMA Restrictions. The Declarant and purchasers of Lots in REDDS COVE SECTION II
understand that the vesting of rights relating to a Lot Owner's pier, dock, boat access ramp or any type of
disturbance of the shoreline buffer is subject to the terms and conditions set out by the Coastal Area
Management Authority (CAMA).
ARTICLE VIII
ENFORCEMENT
Section 8.1 Enforcement:
8. L I The Association may enforce these Covenants, Conditions and Restrictions. Enforcement of
these Covenants, Conditions and Restrictions shall be by any proceeding at law or in equity
against any person or persons violating or attempting to violate (the "Violating PartX") any
Covenants, Condition or Restriction, either to restrain or enjoin violation or to recover damages,
and against the land to enforce any lien created by these covenants. In addition to all other
amounts due on account of said violation or attempted violation, the Violating Party shall be
liable to the parties enforcing the Covenants and/or Restrictions of this Declaration (the
"Enforcing Parties'") for all reasonable attorneys' fees and court casts incurred by the Enforcing
Parties. Failure or forbearance by the Association or any Owner to enforce any Covenant,
Condition or Restriction herein contained shall in no event be deemed a waiver of the right to do
so thereafter. In any lawsuit filed to enforce this Declaration by injunction or restraint, there shall
be and there is hereby created and declared to be a conclusive presumption that any violation or
breach or any attempted violation or breach of any of the within Covenants, Conditions or
Restrictions cannot be adequately remedied by action at law or by recovery of damages.
8.1.2 In addition to all other remedies of the Association, the Association shall have the right to
assess a maximum fine of One Hundred 00/100 Dollars ($ 100.00) per day (or such higher
amount as may be allowed by law) per violation against any Owner who violates any provision of
this Declaration or the Articles, Bylaws, or Rules and Regulations of the Association after such
Owner has been given notice of the violation and has had an opportunity to be heard with respect
to the violation in accordance with such policies and procedures as may be adopted from time to
time by the Board of Directors or as may be set forth in the Bylaws.
8.1.3 In addition to the above rights, the Board of Directors may also enter upon a Lot or any land
upon which a violation exists to remove any violation, perform maintenance, or make repairs
thereon which are the responsibility of a Lot Owner who has failed to remove said violation or to
perform such maintenance or make such repairs (i) after having given such owner at least ten (10)
days written prior notice, or (N) without giving notice in the event of an emergency;
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8.1.4 Any action brought by the Association hereunder may be brought in its own name, in the
name of its Board, or in the name of its managing agent. In any case of flagrant or repeated
violation by a Lot Owner, he or she may be required by the Association to give sufficient surety
or sureties for his or her future compliance with the Covenants. Conditions and Restrictions
contained in this Declaration, the Bylaws and the Rules and Regulations.
Section 8.2 Severability. Invalidation of any one of these covenants, conditions or restrictions by
judgment or court order shall in no way affect any other provisions, which shall remain in full force and
effect.
Section 8.3 Restrictions Run With Land. The easements or other permanent rights or interests herein
created, the covenants and restrictions of this Declaration shall run with and bind the land, and shall inure
to the benefit of and be enforceable by the Association, or the Owner of any Dwelling Unit subject to this
Declaration, their respective legal representatives, heirs, successors, and assigns.
Section 8.4 Binding Determination. In the event of any dispute or disagreement with or between any
Owner(s) relating to, or of any other disputes, disagreements, or questions regarding the interpretation or
application of the provisions of this Declaration or the Articles, or the Bylaws of the Association, the
determination thereof by the Board of Directors of the Association shall be final and binding on each and
all such Owners.
Section 8.5 Captions and Titles. All captions, titles, or headings in this Declaration are for the purpose
of reference and convenience only and are not deemed to limit, modify, or otherwise affect any of the
provisions hereof, or to be used in determining the intent or context thereof.
Section 8.6 Notices. Except as otherwise provided in this Declaration, any notices to any Owner
under this Declaration shall be in writing and shall be effective on the earlier of (i) the date when
received by such Owner, or (ii) the date which is three (3) days after mailing (postage prepaid) to the
last address of such Owner set forth in the books of the Association. The address of an Owner shall be
at his or her Lot (or any of them if more than one) unless otherwise specified in writing to the
Association. The Articles and the Bylaws shall specify the permissible manner of giving notice for
voting and all other Association matters for which the manner of giving notice is not prescribed in this
Declaration.
Section 8.7 Governing Law. This Declaration shall be deemed to be made under, and shall be
construed in accordance with and shall be governed by, the laws of the State of North Carolina, and
suit to enforce any provision hereof or to obtain any remedy with respect hereto shall be brought in
state court in Onslow County, and for this purpose each Owner, by becoming such, hereby expressly
and irrevocably consents to the jurisdiction of said court.
ARTICLE IX
NON -DEDICATED STREETS
Section 9.1 Use. All non -dedicated streets constructed within the Subdivision are reserved as easements
of public access for the common use of Lots Owners and their families, guests and invitees, by
commercial vehicles authorized to make pick-ups and deliveries, by public and private utilities' personnel,
trucks and equipment, by postal authorities and mail carriers, by emergency personnel and vehicles such
as police, fire and ambulance, and by such other persons or classes of persons authorized by the Board of
Directors of the Association, as a means of ingress or egress, and for such other uses as may be authorized
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from time to time by the Board. Such non -dedicated streets may also include underground utility lines,
mains, sewers or other facilities to transmit and carry sanitary sewer and storm water drainage. Except as
provided by this Declaration, no acts shall be taken or things done by an Lot Owner or the Association
which are inconsistent with the reservation and grant of use and enjoyment hereinabove provided.
Section 9.2 Maintenance. Reconstruction or &5uurfacing. The Association, at the cost and expense of the
Association, shall provide snow removal from, maintenance to and resurfacing or reconstruction of any
non -dedicated streets or any storm water drainage facilities included as a part thereof or installed
thereunder as it deems necessary or appropriate from time to time within its sole discretion.
ARTICLE X
AMENDMENT
Section 10.1 Procedure For tAmendment. Except in cases of amendments that may be executed by the
Declarant under the terms of this Declaration or by certain Lot Owners under the provisions of N.C.G.S.
Section 47F, this Declaration may be amended only by affirmative vote or written agreement signed by
Lot Owners of Lots to which at least sixty seven percent (67%) of the votes in the Association are
allocated, or any larger majority this Declaration may specify for a particular item, or by. the Declarant if
necessary for the exercise of any development right.
10.1.1 Every amendment to this Declaration shall be recorded in Onslow County and is effective
only upon recordation. The amendment shall be indexed in the Grantee Index in the name of the
Association and in the name of the Subdivision and in the Grantor Index in the name of each person
executing the amendment.
10.1.2 Any amendments to this Declaration required by N.C.G.S. Section 47F to be recorded by
the Association shall be prepared, executed, recorded and certified in accordance with N.C.G.S. Section
47F.
Section I0.2 Limitation On Challenges. No action to challenge the validity of an amendment adopted
pursuant to this Article may be brought more than one year after the amendment is recorded.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year
first above written.
Lanier F ' y II, Limited Liabil' Company
r
BY:
NAME: Donna Lanier
TITLE: Member -Manager
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
This 4-1�� day of _ FeA-) rl1 QYV 2014, personally came before me
Atir {Q L. Vvercas6 , a NotaryPubes lic of Brunswi UL County, State
of orth Carolina, Donna Lanier. who, being by me duly sworn, says that
she is the Member -Manager of Lanier Family II, Limited Liability Company, and that by authority duly
given, the foregoing instrument was signed and sealed by him/her as on behalf of said entity.
[CHECK ONE].16 [ have personal knowledge of the identity of the principal; or
G (ii) I have seen satisfactory evidence of the principars identity by a current state or federal
identification,
e principals photograph, in the form of a
t— O V
ss my hand and official stamp or seal this ,t day of i
OTARy n
My c ission expires:
PVBL1o' A
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SCHEDULE A
Lying and being in Stump Sound Township, Onslow County, North Carolina and more particularly
described as follows:
Being all that property shown on maps entitled "REDDS COVE, SECTION II" recorded in Map Book
62, Pages 166 and 166A, Onslow County Registry, reference to which map is hereby made for a more
particular description.
And Also,
At Declarant's sole and absolute discretion, additional adjacent properties (adjacent being defined as
inclusive of properties across a right of way or body of water) and Common Area, consisting of not more
than FIVE HUNDRED (500) acres, located. outside of the area described on the above described maps
may be annexed to'the properties and brought within the scheme of the Restrictions and the Bylaws and
the jurisdiction of the Association in future stages of development without the consent of the Association
or its members; provided, however, that said annexations, if any, must occur within twenty (20) years
after the date of this instrument.
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May 07 07 08,21a CrystalCoastEngineering
910-325-0060 p.2
In armrrianr.P with TRIP 15 NCAC 2H.4000. the Coastal Stormwater Manaaement Regulations. deed
restrictions and protective covenants are required for Low Density Residential Subdivisions where lots
will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" area consistent with the applicable regulation governing the density
level.
Member/
I, D.O. Lanier Manager -acknowledge and affirm by my signature below, that I will cause the
following deed restrictions and protective covenants to be recorded for Sawgrass Plantation at Redds
Cove prior to the sale of any lot:
i Tho fnitnutinrr i nvj*nantc arA intanrIPrf to Rnsrira nnnninrr rmmnliancP with State Stnrmwatar
!Management Permit Number SW8 060560, as issued by the Division of Water Quality under
NCAC 214.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining 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 Division of Water Quality.
6. Fhe maximum allowable built -upon area per lot is 4, 758 square teet. 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.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built upon area for that lot shall be the most restrictive of the two.
8. 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.
9. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters.
10. Ali roof drain"inat at least 30' from the mean high water mark of surface waters.
Signature:
I• G' a Notary Public in the
State of North Carolina , County of Ongl nw
do hereby certify that D.C. Lanier personally appeared
before me this the 1-4 day of 202-, and acknowledge
the due execution of the foregoing instrument_
Signature. l , J
My Commission expires s"
Witness my hand and official seal,
X`\0%gETTy'''�
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