SW8060560_Historical File_20140325

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING — LAND PLANNING — MAPPING
P.O. BOX 1685
JACKSONVILLE, NC 28541
OFFICE: [phone] FAX: [phone]
E-MAIL: bgMb@*Ipnc.com
Or [e-mail]
TO: Ms. Linda Lewis
N.C.CDepartment of Environment and Natural
Environment and Natural
Resources — Department of Stormwater
127 Cardinal Drive Extension
Wilmington, NC 28405
Letter of Transmittal
DATE: L �j ) /, J
ATTENTIIO: (� /
Ms. Linda Lewis
Re:
Redd's Cove Section II, II -A & III J 80 GS ip
COPIES DATE NUMBER DESCRIPTION
2 Sets of revised plans
1 "Stormwater Plan Revision Application"
1 Set of revised recorded Restrictive Covenants as requested
Please let us know if you need any additional information to grant
approval Be
REMARKS:
SIGNED:
BY:

Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, January 15, 2014 10:21 AM
To: 'DJL Camp; 'Betty Bullock'
Subject: RE: Sawgrass Plantation na_ Redd's Cove SW8-060560
Thanks for the update. Good luck with the balloting.
Linda
From: DJL Camp [mailto:[e-mail]
Sent: Wednesday, January 15, 2014 10:19 AM
To: 'Betty Bullock'
Cc: Lewis,Linda
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
Betty
This is in the process of being done. The attorney has finished the
changes but we have to send out ballots for the property owners to sign
and return back to us. The homeowners have to have the ballots
returned by February 3, 2014. The attorney plans to record by the 5th of
February. The developer is still in control of the HOA but we have to let
the ballots come in from the homeowners.
Thanks
Donna
From: Betty Bullock [mailto:[e-mail]
Sent: Tuesday, January 14, 2014 4:20 PM
To: (djlcamp(&aol.com)
Subject: FW: Sawgrass Plantation @ Redd's Cove SW8-060560
Donna, where are you on this?????
From: Lewis,Linda[mailto:linda.lewisCcbncdenr.gov1
Sent: Tuesday, January 14, 2014 4:17 PM
To: Betty Bullock
Subject: FW: Sawgrass Plantation @ Redd's Cove SW8-060560
1

More information about this. I received the Name/Ownership Change form and a copy of the recorded deed restrictions
on October 30, 2013. My records indicate that on December 12, 2013, 1 requested that the covenants be amended to
include all of the statements required by the permit.
What is the status of the amendment to those covenants?
Thanks,
Linda
From: Lewis,Linda
Sent: Tuesday, October 22, 2013 5:23 PM
To: 'Betty Bullock'
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
It sounds like you just went ahead and changed the name of the project before actually letting us know you changed
it. It's OK that the plat and the covenants are already recorded as Redds Cove Section II. The important thing is that the
permit number and the BUA per lot are correct in the recorded covenants.
You still need to submit the completed and signed name/ownership change form to document the name change so we
can update the database and make the name change on page 2 of the permit.
From: Betty Bullock [mailto:BgUBullockCdjlpnc.coml
Sent: Tuesday, October 22, 2013 4:32 PM
To: Lewis,Linda
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
Thank you Linda, as always, you are on top of things. However, we have a problem. The restrictive covenants were
recorded as well as the final plat as "Redds Cove Section II". John tells me they have sold lots within this project. It is
low density though. Please advise what we need to do.
Betty
From: Lewis,Linda [mailto:linda.lewis0ncdenr.govl
Sent: Tuesday, October 22, 2013 4:19 PM
To: Betty Bullock
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
Betty -
If a permit is low density it does not expire and remains "active" until the permittee requests in writing to deactivate it
for a legitimate reason such as, the project won't be built.
All project name changes, ownership changes and owner name changes are handled via the submission of the
completed and signed Name/Ownership Change form.
However, this permit was issued to DC Lanier, so Mr. Lanier will have to sign the form to change the project name. If DC
Lanier no longer owns the project, then you would need to check the box to transfer the permit along with checking the
box to change the project name. Mr. Lanier would need to sign as the current permittee and the new owner would sign
as the proposed permittee.
I also note that a copy of the recorded deed restrictions has not been submitted. I assume that the name change is in
preparation of development and selling lots, so be sure to record the restrictions (check the BUA per lot to make sure it
agrees with the permit) before any lots are sold, and be sure to submit a copy within 30 days of recording.

Thanks.
From: Betty Bullock[mailto:BettyBullockCa)ill2nc.com]
Sent: Tuesday, October 22, 2013 3:13 PM
To: Lewis,Linda
Cc: Jim McQuoid
Subject: Sawgrass Plantation @ Redd's Cove SW8-060560
Linda, our records show that the approval of this subdivision was July 24, 2007. I need to know if that is still
activc with the approval. If so, I need to know what we need to do to submit for an revised name change. We
are now calling this same project "Redd's Cove Section II, II -A & III". Please let me know.
Thanks
Betty
Betty Bullock, Office Manager
John L. Pierce & Associates, P.A.
P.O. Box 1685
405 Johnson Blvd. (28540)
Jacksonville, NC28541
[phone] Fax [phone]

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, January 14, 2014 4:17 PM
To: Betty Bullock ([e-mail])
Subject: FW: Sawgrass Plantation @ Redd's Cove SW8-060560
More information about this. I received the Name/Ownership Change form and a copy of the recorded deed restrictions
on October 30, 2013. My records indicate that on December 12, 2013, 1 requested that the covenants be amended to
include all of the statements required by the permit.
What is the status of the amendment to those covenants?
Thanks,
Linda
From: Lewis,Linda
Sent: Tuesday, October 22, 2013 5:23 PM
To: 'Betty Bullock'
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
It sounds like you just went ahead and changed the name of the project before actually letting us know you changed
it. It's OK that the plat and the covenants are already recorded as Redds Cove Section 11. The important thing is that the
permit number and the BUA per lot are correct in the recorded covenants.
You still need to submit the completed and signed name/ownership change form to document the name change so we
can update the database and make the name change on page 2 of the permit.
From: Betty Bullock [mailto:BgUBullock0jlpnc.com1
Sent: Tuesday, October 22, 2013 4:32 PM
T v: Lewis,Linda
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
Thank you Linda, as always, you are on top of things. However, we have a problem. The restrictive covenants were
recorded as well as the final plat as "Redds Cove Section II". John tells me they have sold lots within this project. It is
low density though. Please advise what we need to do.
Betty
From: Lewis,Linda[mailto:linda.lewis(dncdenr.govl
Sent: Tuesday, October 22, 2013 4:19 PM
To: Betty Bullock
Subject: RE: Sawgrass Plantation @ Redd's Cove SW8-060560
Betty -
If a permit is low density it does not expire and remains "active" until the permittee requests in writing to deactivate it
for a legitimate reason such as, the project won't be built.
All project name changes, ownership changes and owner name changes are handled via the submission of the
completed and signed Name/Ownership Change form.

However, this permit was issued to DC Lanier, so Mr. Lanier will have to sign the form to change the project name. If DC
Lanier no longer owns the project, then you would need to check the box to transfer the permit along with checking the
box to change the project name. Mr. Lanier would need to sign as the current permittee and the new owner would sign
as the proposed permittee.
I also note that a copy of the recorded deed restrictions has not been submitted. I assume that the name change is in
preparation of development and selling lots, so be sure to record the restrictions (check the BUA per lot to make sure it
agrees with the permit) before any lots are sold, and be sure to submit a copy within 30 days of recording.
Thanks.
From: Betty Bullock [mailto:BMBullock(@ilpnc.coml
Sent: Tuesday, October 22, 2013 3:13 PM
To: Lewis,Linda
Cc: Jim McQuoid
Subject: Sawgrass Plantation @ Redd's Cove SW8-060560
Linda, our records show that the approval of this subdivision was July 24, 2007. I need to know if that is still
active with the approval. If so, I need to know what we need to do to submit for an revised name change. We
are now calling this same project "Redd's Cove Section II, II -A & III". Please let me know.
Thanks
Betty
Betty Bullock, Office Manager
John L. Pierce & Associates, P.A.
P.O. Box 1685
405 Johnson Blvd. (28540)
Jacksonville, NC 28541
[phone] Fax [phone]

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING - LAND PLANNING - MAPPING
P.O. BOX 1685
JACKSONVILLE, NC 28541
OFFICE: [phone] FAX: [phone]
E-MAIL: bettyb@jl nn c.com
Or [e-mail]
nacom
TO: Ms. Linda Lewis
N.C. Department of Environment and Natural
Resources — ftartmer_t of Stormwater
127 Cardinal Drive Extension
Wilmington, NC 28405
Letter of Transmittal
DATE:
October 29, 2013
ATTENTION:
Linda Lewis
Re:
Redd's Cove Section II, II -A &III aka Saw ass Plantation @ Redd's Cove
SW8 060560
COPIES
DATE
NUMBER
DESCRIPTION
2
Set of lans — ®VIM 'S'2 9 �
1
Stormwater Name/Ownership Change Form
1
Copy of existing stormwater permit
1
Sets of recorded restrictive covenants
1
Copy of Annual Report
1
Copy of Articles of Organization
1
1
Should you need any additional information, please let us know
fjECEIA
Ulu 1 8 u cuw
REMARKS: 13Y:

(Page 1 of 23)
SOMEONE
Doc ID: 00936679002' type: CRP
Recorded: 11/21/2011 at 10:45.04 AM
Fee Amt: $58.00 Pepe 1 of 23
0aelow County NO
Rebecca L. Pollard Rep. of Deeds
BK3632 PQ292-314
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
REDDS COVE SECTION II
THIS DECLARATION OF COVENANTS, CONDI 011SNS AND RESTRICTIONS FOR
REDDS COVE SECTION H is made this i— day of kJCeMiRr , 2011 by the undersigned
Lanier Family II, a Limited Liability Company operating in Onslow County.
WITNESSETH:
WHEREAS, REDDS COVE SECTION H is a real estate development located in Onslow County,
North Carolina further identified on following map(s):
A. "REDDS COVE, SECTION N' recorded in Map Book 62, Pages 166 and 166A, Onslow
County Registry.
WHEREAS, REDDS COVE SECTION H was developed by Lanier Family II, Limited Liability
Company, hereinafter referred to as "Declarant' or "Developer"; and
WHEREAS, REDDS COVE HOA, INC. is the acting representative of its members who are Lot
Owners in REDDS COVE SECTION 9; 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
WHEREAS, it is the desire of REDDS COVE HOA, 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
NOW, THEREFORE, Declarant and REDDS COVE HOA, 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
ECEIVE
I
OCT 312013
BY: .
Book:3682 Page: 292 Page 1 of23
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(Page 2 of 23)
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 of these restrictions shall rim 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 1.1 "Annual Organizational Board fleeting" means the annual organizational board meeting
of the Board, which shall take 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 HOA, 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 I A "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 HOA, 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.
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 ent 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 he
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
Book: 3682 Page: 292 Page 2 of 23
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(Page 3 of 23)
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 Exne:: " 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 I1, 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.
Section 1.14 "Dwelling Unit" 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 Area" 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 11 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
Book: 3682 Page: 292 Page 3 of 23
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(Page 4 of 23)
estate described in the Declaration. `'Ownership of a Lot" does not include holding a leasehold
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 "Property" 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.
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 Subjcct To These Restrictions. REDDS COVE SECTION II (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 Property. 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 or all 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.
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(Page 5 of 23)
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 ite
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 SEC'I'fON II and by filing of record
Supplementary Bylaws of REDDS COVE HOA, 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 II, the right to ingress, egress, regress and
utilities through REDDS COVE SECTION II 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 II or Phase 11 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 1.ot Owner.
ARTICLE III
PROPERTY RIGHTS IN COMMON AREAS
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(Page 6 of 23)
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 x third part;. However, very 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:
i) 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
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 thc 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
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(Page 7 of 23)
reasonable fees and contribution amounts for the use of the Common Areas and any amenities constructed
thereon, unless otherwise prohibited.
Section 3.4 Title to 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 tree;, 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 Association, 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.
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 RESTRICTIONS
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, public 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 Requirements. 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 structures 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;
flusher, 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.
41.1. New Residential Buildings Reauired. 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
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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 of: sits, tent, camper, bam, 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 Reouirements. 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%)
variance of this requirement.
Section 4.2 Landscaping Reeuirements. All front yards are to be sodded to the front corners 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 be 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 Dwclling 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 tree(s) to be replaced by the
Lot Owner, at the Lot Owner's expense, with trees of the same size, age, and species as the tree(s)
removed.
4.2.2 Clearing. No clearing of any type shall be permitted on any Lot without prior approval from
the Committee.
Section 4.3 Architectural Review Committee Approval Muired. 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,
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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 may require additional data
from any Lot Owner, including data relating to 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 Setback 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 effect, the site and location of any house or dwelling or other structure upon any Lot
shall be controlled by and must be approved absolutely by the 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 following 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.
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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 Combining 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
otherwise, except by (or with the written consent of) Declarant, its successors 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.
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 of 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) 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.
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.
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(Page it of 23)
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 (10 feet in height.
4.8.3 Overnight Parkin. Overnight street parking is not permitted.
Section 4.9 Right Of Ways. 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 GeneraUMiscellanecus 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.
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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.
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 stiallbe 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 Watercraft.
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 REDDS COVE SECTION II is prohibited.
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4.12.10 Signaee. 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 Declarani, 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 COVVE 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 Occupancy. 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 Areas. 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 predommantly Owner-oempied residential community and to avoid the chaacter of a renter-oocwed
neighbohood, Dwelling units is the Subdivision may be leased by the respective Owners at any one time, provided the
following conditions are met: (a) not less then the entne 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 term, 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 he given to the President of the Association immediately after it is executed
and the Lot owner may redact the rental amount from the lease.
ARTICLE V
HOMEOWNERS ASSOCIATION
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.
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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 Re lations. By a majority vote 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 Membershin 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
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.
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if 23)
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.
5.7.2 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 8.7 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. Fora period of
two [2] 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.
When this initial two [2] 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 (18%) per
year.
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(Page 16 of 23)
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 ramp, 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.
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 ultimate 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.
6.3.2. The annual assessment may be increased or decreased by the Board of Directors of the
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
Book: 3682 Page: 292 Page 16 of 23
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(Page 17 of 23)
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 (10%).
6.3.3. 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 Snecial 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 Chame And Interest On Unpaid Assessments. If the Assessment is 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 (1.5% per
month) which shall commence to accrue on any assessment or other account balance that is not paid
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 Lot 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 4717-3-116, 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.
Book: 3682 Page: 292 Page 17 of 23
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(Page 18 of 23)
Section 6.8 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 Reg.ations 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, Sling 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.
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 II, 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 11 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.
Book: 3682 Page: 292 Page 18 of 23
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(Page 19 of 23)
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 all streets and roads and ten (10) feet in width along both
sides and naming parallel to all streets, roads and canals, said permanent easement being for the
construction anO maintenance of utilities to service the Lots and adjoining properties and dredging 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 IL 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 II; 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 Article VII are
easements appurtenant, running with the land, perpetually in force and effect, and at all times shall inure
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.
8.1.1 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
Book: 3682 Page: 292 Page 19 of 23
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(Page 20 of 23)
against any person or persons violating or attempting to violate (the "Violating Partv") 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 costs 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 (ii) without giving notice in the event of an emergency;
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.
Book: 3682 Page: 292 Page 20 of 23
Book: 3682 Page, 1977-Current: 292 Seq: 20

(Page 21 of 23)
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 dir.
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
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 Resurfacing. 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 Amendment. Except in cases of amendments that may be executed by the
Declarant under the terns 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.
Book: 3682 Page: 292 Page 21 of 23
Book: 3682 Page, 1.977-Mrrmt: 292 BPq: 21

(Page 22 of 23)
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 10.2 Limitation On Challenge. 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.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year
first above written.
Lanier F ily II, Limited L' ility Company
BY:
NAM : Domta Lanier
TITLE: Member -Manager
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
This 1 day of h1inronbear , 2011, personally came before me
1 1a na.- 1Q)LUCY.-I 5 , a NotaryPublic of AA0fj2Ct: j County, State
of North 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] V (i) I have personal knowledge of the identity of the principal; or
G (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal
identification,
with the principal's photograph, in the form of a
Witness my Ldolffilcial stamp seal this �� day of IJOJC1IY %iCP—y I
Notaryhttihc.
My commission expires: My ONIffhdan Bon
C
AUBMI4,2013 ; IV07ARV
A
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. NORM
Book: 3682 Page: 292 Page 22 of 23
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(Page 23 of 23)
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.
Book: 3682 Page: 292 Page 23 of 23
Book: 3682 Page, 1977-Ctrrent: 292 Seq: 23

North Carolina Secretary of State
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Account Login Register
North Carolina
(Elaine F Marshall DEPARTMENT OIL THE
Secretary SECRETARYOFSTATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 10/23/2013
Click here to:
View Document Filings i File an Annual Report i
!j Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report
Corporation Names
Name Name Type
NC LANIER FAMILY II, LIMITED LEGAL
LIABILTY COMPANY
Limited Liability Company Information
SOSID:
0829205
Status:
Current -Active
Effective Date:
2/17/2006
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Ageni
Agent Name:
LANIER, D. C.
Office Address:
1161 SPOT LANE
SURF CITY NC 28445
Mailing Address: PO BOX 2190
SURF CITY NC 28445
Principal Office
Office Address: 700 SPOT LANE
SURF CITY NC 28445
Mailing Address: P.O. BOX 2190
SURF CITY NC 28445
Officers
Title:
Name:
Business Address:
Title:
Name:
MANAGER
DAVID CLARENCE LANIER
P.O. BOX 2190
SURF CITY NC 28445
MANAGER
DONNA JEAN LANIER
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7921932 10/23/2013

North Carolina Secretary of State Page 2 of 2
Business Address: P.O. BOX 2536
SURF CITY NC 28445
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Ver:
1832
http://www.secretary. state.nc.us/corporations/Corp.aspx?Pitemld=7921932 10/23/2013

6wwo(a)5(00
D.C. Lanier dba Lanier Family 11, LLC
P.O. Box 2190
Surf City, NC 28445
December 2, 2012
Kelly Johnson
NC DENR — DWQ
Surface Water Protection Section
127 Cardinal Dr. Extension
Wilmington, NC 28405
RE: Project SW8111112
Dear Kelly,
This is to reply to the enclosed notice sent to D.C. Lanier on November 28"' in regards to Redd's Cove.
The project is covered by the permit issued to Sawgrass Plantation at Redd's Cove, #SW8 060560.
I assume this verification is all that is required at this time: however, if not, please notify me via email at
[e-mail].
Sincerely,
�J��
Sandra Raynor
Daughter of D.C. Lanier
Office 910-541-0194

��P
MCQ�
North Carolina Department of Environment and Natural Resources
Division of Wafter Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 28, 2011
Mr. David Clarence (D.C.) Lanier
Lanier Family II, LLC
PO Box 2190
Surf City, NC 28445
Subject Request for State Stormwater Management Permit Application
Redds Cove
Stormwater Project No. SW8111112
Onslow County
Dear Lanier:
Dee Freeman
Secretary
On November 14, 2011, the Wilmington Regional Office received notice that you are proposing a project that is in violation of
the Sedimentation Pollution Control Act administered by the Division of Land Resources (DLR). The North Carolina
Administrative Code requires any project that is part of a larger common plan of development, or that proposes more than
10,000 square feet of new built upon area, or that must receive Sedimentation and Erosion Control Plan approval, or that must
receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit from the Division of Water Quality.
Any constriction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2HA 000 and
may result in appropriate enforcement action by this Office. You currently hold permit number SW8 060560 for Sawgrass
Plantation at Redds Cove. If the project is covered by that permit please respond with a letter or email to that effect. If this
project is not covered by SW8 060560 or another State Stormwater permit, please obtain a state sthrmwater permit.
Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting
documentation, or a written response regarding the status of this project and the expected submittal data must be received in
this Office no later than December 29, 2011. Failure to respond to this request may result in the initiation of enforcement action,
and construction may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be
considered the Coastal Stormwater Management Permit, which will be signed by the Supervisor of the Surface Water Protection
Section. Please reference the Project Number above on all correspondence. if you have any questions, please call me at (910}
796-7215.
Sincerely,
IV�
Kelly Johnson
Environmental Engineer
GDS/kpj: SAWQSIStormWater%Permits & Projects120111111112 Registered 12011 11 req SW app 111112
cc: Onslow County Building Inspections
Wilmington Regional Office File
Wilmington Regional OMW
127 Card'vral No Exbnslon, Wlrningbn, Nodh Carolina 28405
Phone: [phone] FAX 9104W20041 Cusbmer Smice:1-877-623-6748
In*net www.nomdwqua*.org
An Eaual 0wortunihr 1 Aftnaft Action Emolover
Carolina
MAMMY