HomeMy WebLinkAboutSW8120911_HISTORICAL FILE_20150917STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 I Zo9 1 I
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
Zy 5 D5 17
YYYYMMDD
I
s
AA
MC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 17, 2015
Mr. Dan Weldon, President
Lantana Crossing HOA,Inc.
1612 Military Cutoff Road, Suite 108
Wilmington, NC 28403
Subject: Stormwater Permit No. SW8120911
Name / Ownership Change
Lantana Crossing
High Density Subdivision Project
New Hanover County
Dear Mr Weldon:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to
the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older
stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or
addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit.
On September 16, 2015, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit
Name/Ownership Change Form from WFDC, LLC for the subject project. A file review and site inspection was performed
on September 17, 2015 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance
with the terms and conditions of the current state stormwater permit. By acknowledging receipt of the permit, and by
signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and
conditions outlined in this permit. The Division is hereby notifying you that permit SW8 120911 has been transferred on
September 17, 2015 and to remind you that this permit shall be effective until November 28, 2020. For your records,
please find enclosed the transferred and re -issued permit, a copy of the inspection reports, and a copy of the
Name/Ownership Change form, a copy of the deed restrictions, a copy of the Designers Certification, and a copy of the
common area deed.
This permit is subject to the conditions and limitations as specified in the transferred and re -issued permit. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation
of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater management system, to record deed
restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must
conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of
receipt of this permit. You should contact the OAH with all questions regarding the fling fee (if a filing fee is required)
and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-
3000, or visit their website at www.NCOAH.com, Unless such demands are made this permit shall be final and binding.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004
SW8120911
September 17, 2015
If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with
DEMLR in the Wilmington Regional Office at (910) 796-7331.
Sincerely,
acX
y Davis, , Director
Division of Energy, Mineral and Land Resources
GDS/kpj: 111Stormwater\Permits & Projects120121120911 HDQ015 09 permit 120911
enc: Transferred and re -issued permit
Copy of the inspection reports
Copy of the Name/Ownership Change form
Copy of the deed restrictions
Copy of the Designer's Certification
Copy of the common area deed.
cc: Mr. Bill Cameron, Manager, (Previous Permittee)
WFDC, LLC, PO Box 3649, Wilmington, NC 28406
David Hollis, PE, Hanover Design Services
Wilminaton Reaional Office Stormwater File
Page 2 of 2
State Stormwater Management Systems
Permit No. SW8 120911
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Lantana Crossing HOA, Inc.
Lantana Crossing
Albemarle Road & Sturbridge Drive, New Hanover County
FOR THE
construction, operation and maintenance of two (2) wet detention ponds in compliance
with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter
separately and collectively referred to as the "stormwaterrules') and the approved
stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Energy, Mineral and Land
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until November 28, 2020 and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The subdivision is permitted for sixty-six (66) lots; each allowed a maximum of
3,500 square feet of built -upon area.
3. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 of this permit. The runoff from all built -upon
area within the permitted drainage areas of this project must be directed into the
permitted stormwater control systems. The wet ponds designated as Pond 1 and
Pond 2, have been designed to treat the runoff from 150,457 and 194,452 square
feet of impervious area, respectively.
4. The maximum built -upon area allowed for the entire subdivision is 344,909
square feet.
5. The project shall provide and maintain a 50' wide vegetative buffer adjacent
surface waters, measured horizontally from and perpendicular to the normal pool
of impounded structures, the top of bank of each side of streams and rivers and
the mean high water line of tidal waters.
Page 3 of 10
State Stormwater Management Systems
Permit No. SW8 120911
6. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times:
Pond # 1
Pond # 2
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
11.51
501,522
None
11.90
518,540
None
Total Impervious Surfaces, acres:
Onsite, ft2:
Offsite, ft2:
345
150,457
None
4.46
194,452
None
Design Storm, inches
1.5
1.5
Average Pond Design Depth, feet
4.5
4.5
TSS removal efficiency
90%
90%
Permanent Pool Elevation, FMSL
25.5
27.5
Permanent Pool Surface Area, ft2
25,000
16,500
Permitted Storage Volume, ft3
29,125
29,875
Temporary Storage Elevation, FMSL
26.5
29.0
Pre-dev 1 yr-24 hr. discharge rate, cfs
5.8
6.0
Controlling Orifice, in
2"0 pipe
2"0 pipe
Orifice discharge rate, cfs
0.06
0.07
Permanent Pool Volume, ft3
118,650
71,125
Forebay Volume, ft3
24,275
14,425
Fountain Horsepower
1/3
1/4
Receiving Stream/River Basin
Spring Branch / Cape Fear
Stream Index Number
18-74.63-1
Classification of Water Body
'C;Sw"
II. SCHEDULE OF COMPLIANCE
1. No person or entity, including the permittee, shall alter any component of the
approved stormwater drainage system shown on the approved plans, unless and
until the Division has approved of the revised plan.
2. The permittee is responsible for the routine monitoring of the project for
compliance with the built -upon area limits, grading, and the storm drainage
system established by this permit, the permit documents, the approved plans,
and the recorded deed restrictions. The permittee shall notify any lot owner that
is found to be in noncompliance with the conditions of this permit in writing, and
shall require timely resolution.
3. The permittee shall review all individual proposed and modified lot plans for
compliance with the conditions of this permit. The permittee shall not approve
any lot plans where the maximum allowed built -upon area has been exceeded, or
where revisions to the grading or to the storm drainage system are proposed
unless and until a permit modification has been approved by the Division.
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 4 of 10
State Stormwater Management Systems
Permit No. SW8 120911
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
C. Further development, subdivision, acquisition, or sale of any, all or part of
the project area. The project area is defined as all property owned by the
permittee, for which Sedimentation and Erosion Control Plan approval or a
CAMA Major permit was sought.
d. Alteration of any aspect of the approved stormwater drainage system
and/or the approved stormwater BMPs.
e. The construction of any permitted future development areas shown on the
approved plans.
7. All stormwater collection and treatment systems must be located in either public
rights -of -way or dedicated common areas or recorded easements. The final plats
for the project will be recorded showing all such required rights -of -way, common
area and easements, in accordance with the approved plans.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at design condition. The approved Operation and Maintenance
Agreement must be followed in its entirety and maintenance must occur at the
scheduled intervals.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
Page 5 of 10
State Stormwater Management Systems
Permit No. SW8 120911
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 120911, as issued
by the Division of Energy, Mineral and Land Resources under NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
f. The maximum built -upon area per lot is 3,500 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters,
which drain to the pond or street, grading the lot to drain toward the street
or directly into the pond, or grading perimeter swales and directing them
into the pond or street.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to
surface waters, measured horizontally from and perpendicular to the
normal pool of impounded structures, the top of bank of each side of
streams and rivers and the mean high water line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of
a stormwater management permit or the requirements of the Stormwater
Rules is subject to enforcement procedures as set forth in G.S. 143,
Article 21.
k. If permeable pavement BUA credit is requested, the property owner must
submit a request, with supporting documentation, to the permittee and
receive approval prior to construction.
15. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
16. Prior to transfer of the permit, the stormwater facilities will be inspected by
DEMLR personnel. The project and the stormwater facility must be in compliance
with all permit conditions. Any items not in compliance must be repaired,
replaced or restored to design condition prior to the transfer. Records of
maintenance activities performed to date will be required.
Page 6 of 10
State Stormwater Management Systems
Permit No. SW8 120911
17. If the permanent pool volume is greater than 30,000 cubic feet, a decorative
spray fountain will be allowed in the stormwater treatment system, subject to the
following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
C. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/3 hp for Pond 1 and 1/4 hp for Pond 2.
18. If permeable pavement BUA credit is desired, the permittee, must submit a
request to modify this permit to incorporate such language as required by the
Division of Energy, Mineral and Land Resources. The request to modify must
include a proposed amendment to the deed restrictions and protective covenants
for the subdivision, and a soils report identifying the type of soil, the Seasonal
High Water Table elevation and the infiltration rate. Upon the successful
completion of a permit modification, the individual lot owners that request to
utilize permeable pavements shall submit the necessary forms and
documentation to the permittee, or a designated agent, and receive approval
prior to construction of the permeable pavement.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
At least 30 days prior to a change of ownership, or a name change of the
permittee or of the project, or a mailing address change, the permittee must
submit a completed and signed Name/Ownership Change form, to the Division of
Energy, Mineral and Land Resources, accompanied by the supporting
documentation as listed on the form. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves a request to transfer the permit. Neither the sale of
the project in whole or in part, nor the conveyance of common area to a third
party constitutes an approved transfer of the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral
and Land Resources, in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily the Permittee shall take
immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management
systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting the permitted stormwater
management facility.
Page 7 of 10
State Stormwater Management Systems
Permit No. SW8 120911
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. The permittee shall maintain a copy of
the permit, O&M Agreements, and the approved plans at all times.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit. The renewal request must include the
appropriate documentation and the processing fee.
Permit transferred and re -issued this the 17'" day of September 2015
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 120911
Page 8 of 10
State Stormwater Management Systems
Permit No. SW8 120911
Wildflower Subdivision
Stormwater Permit No. SW8 120911
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 10
State Stormwater Management Systems
Permit No. SWS 120911
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 10 of 10
"'. North Carolina Department of Environmental Quality
,t
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 16, 2015
Mr Bill Cameron, Manager
WFDC, LLC
PO Box 3649
Wilmington, NC
28406
Subject:
Approved Plan Revision
Lantana Crossing (previously Wildflower Subdivision)
Stormwater Permit No. SW8120911
New Hanover County
Dear Mr. Cameron:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ)
to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older
stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or
addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit.
On September 11, 2015, the Wilmington Regional Office received a request to revise the approved plans for Stormwater
Management Permit Number SW8120911. The revisions include revising the lot numbers as shown Sheet 1 dated
September 15, 2012 and sealed by David Hollis, PE on July 2, 2013. No changes have been made to the number of
lots, or the allocation per lot. There are still 66 lots which are each allocated 3,500 square feet of impervious area per
lot. It has been determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans for your files. Please replace the old approved plan sheets with
the new ones. Please add the attached plans to the previously approved plan set.
Please also understand that the approval of this revision to the approved plans or to the permit for the subject State
Stormwater project is done on a case -by -case basis. Any other changes to this project must be approved through
this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying
with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed
activity, and obtaining a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7215
Sinc
e y Joh on
En ronmental Engineer
GDS\kpj: G:\WQ\Shared\Stonnwater\Permits & Projects\2012\120911 HD\2015 09 permit_pr 120911
cc: David Hollis, PE, Hanover Design Services, PA
Inspector, New Hanover County Building Inspections
Wilmington Regional Office
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-7215 / Fax: (910) 350-2004 • Internet http-//Portal.ncdenr oro/web/Ir/
An Equal pppodumly lARnnatve Acton Employer —Made in part by recycled paper
50`0 t /�r,5. S6f ,j
Stevens Fine Homes T c. �11 toC-5
Lana[ana Crossings
Thru 9/8/2015
Lot Number
Street Address
Buyer Last Name
Close Date
LAC-001
307
Albemarle
Road
Ellis
7/18/2014
LAC-002
311
Albemarle
Road
Sager.
11/6/2014
LAC-003
315
Albemarle
Road
Caudle
6/12/2014
LAC-004
319
Albemarle
Road
Hayes
4/27/2015
LAC-005
323
Albemarle
Road
Ingraham
1/30/2015
LAC-006
458
Morning Glory
Court
Wolfson
4/16/2015
LAC-007
454
Morning Glory
Court
McAllister
4/8/2015
LAC-010
418
Albemarle
Road
Schroeder
2/27/2015
LAC-011
422
Albemarle
Road
Mcdowell
11/20/2014
LAC-012
426
Albemarle
Road
Sed
9/29/2014
LAC-013
430
Albemarle
Road
Martinez
1/5/2015
LAC-014
434
Albemarle
Road
Overway
1/16/2015
LAC-015
438
Albemarle
Road
Chen
12/11/2014
LAC-016
442
Albemarle
Road
Roach
8/19/2015
LAC-017
446
Albemarle
Road
Nguyen
6/17/2014
LAC-018
450
Albemarle
Road
Sonnenfeld
7/29/2014
LAC-020
458
Albemarle
Road
Ferraro
1/17/2014
LAC-021
462
Albemarle
Road
Waggaman IV
12/20/2013
LAC-022
466
Albemarle
Road
Emerson
1/16/2014
LAC-023
472
Albemarle
Road
Caison
8/15/2014
LAC-024
474
Albemarle
Road
Staton
7/30/2015
LAC-025
478
Albemarle
Road
Vigilante
7/30/2015
LAC-028
490
Albemarle
Road
Mobley
5/28/2015
LAC-029
494
Albemarle
Road
Thompson
12/11/2014
LAC-037
531
Albemarle
Ct
Ruth
7/30/2015
LAC-047
403
Sturbridge
Court
Prater
7/14/2015
LAC-048
402
Sturbridge
Court
Thigpen
6/12/2015
LAC-049
406
Sturbridge
Court
Lauffer
5/26/2015
LAC-050
410
Sturbridge
Court
Lynch
7/7/2015
LAC-052
418
Sturbridge
Court
Howard
7/24/2015
LAC-053
489
Albemarle
Road
Sudduth
3/23/2015
LAC-054
485
Albemarle
Road
Flynn
8/27/2015
LAC-055
481
Albemarle
Road
Nava
2/11/2015
LAC-056
477
Albemarle
Road
Bywaters
5/15/2015
LAC-057
473
Albemarle
Road
Smith
10/29/2014
LAC-059
465
Albemarle
Road
Hayes
8/8/2014
LAC-060
453
Albemarle
Road
Barnes
5/19/2014
LAC-061
445
Albemarle
Road
Head
2/19/2015
LAC-062
437
Albemarle
Road
Muth
6/17/2014
LAC-063
433
Albemarle
Road
Roser III
5/7/2014
LAC-064
429
Albemarle
Road
Nguyen
1/6/2014
LAC-066
413
Albemarle
Road
Le
8/28/2014
42
ECEiVE
SEP 1 120
BY:
N
u
IV
CG
Vt
v::Di D A=
LANTANA CROSSING
PHASE ONE 2�O SJ��j ®�
HUO:Cri AoAA19UP
nt,, HWmu CW Zi.
NORTH CT5gJN.: \
♦ n�Dnn cc_ry
MINIM C4DC, LLC [\ �
PC as
PC M. Z612
DAM LARD! :-, `013 1
:j-ii�...L":�.=r__—.t»ri—.lci_IILT'�r � � � •/ � r 4�(�y
Wig`.'• 1 ."� l .��\ .�\ //�` ��������u•'. , �,s.rr•v'ti
O
LOCATION MAP
1vr
s.[1
Sb1l
Q-°�ry1v4Sin Mr.rr
La3C1:
A�r:
vy •riu4i.i w.'x vaarrtn �•ki�i uw r a
tt�/_v�rro
(pG�A},
�',NS4'..:f.,:t(
a U:atyrac�•Cu
9R��riEa
ws�iexiJrazi �lrr�l�i
1
�`
v'[��rura.xonx
r
d4, ,3,v 'Y4rf A ,[x
-
// '> _ rral var 9 u.:iulw •W :a c.aao �avn
'� x�•attc 6 � �>_e`s���-:_ �. =rvix m:.:.ev¢'i'em
��4�i b' � °ar i 'r 1 �✓�rri �ximtm'.a:�.v:a wev:vr.
[\ qi. ) rr �C Y.J •� wi• .ai. arc ramR'e� .°s°"w'rsn a .ftYlYsSi'L:D�.
/e P' iz3-r3
i A wws. M1rTn., •y
i
mar •rt
yam.
'P'
��
D� ,^
•n•rw+m mw•suza...m...V...+wd+e am r..;
�. mA+t r••--•• o.w.
oM....
C��..•w.
-
ry5 X Ye 3rpa <r ryy��[anr urrr
q [N✓ IpY�UyGrt�O Nr�KfOM'{trS.TA
cn
v�,
a n.:
%ram
HAN�R DESIGN SERVICES, RA.
wo 1D.11P'A cm� wo rw..ws I _ \
inn ;y.....
Sat am..ry 77MADb
i
L
r ,
:
' wwruar ,' Y 1 1
:
--------------
------------
gee
_i
a rwn
-------------
1-2
----------------
( HEEWFlE C04Rt ..... n. 'N5fl:VdE NUti �'! /!+
.._�. �.,..I -'`
uc
' \ `< __H� �,,` w a. ...e n _ � .� \ 4 1 e E a 1 / ..nr� r... r a ��'e+ `'•`'� ` ,� `1, �� I(�%'�1(�. < ,H' _ _ � - _ ,1
1 ``4 L __y_ -a w:'''� i la • r'! t 1.j\ O' �wy%.FQ e • 1
1 �-- of L' '�' � � � i a�� l E: '-.[ ?✓,r(q��i•. / •. -_ag
C__#. •GA551h S^RCE - IFVY*q.ti `_ - •') {_y `'�l�•.`• '• �v�ep.ImpV4£
�-� `m.n'. nri ._ .':.-:... ' l: C-'�.1•`' . ,. nw 11
LANTANA CROSSING
PHASE THREE
A PERFORMANCE RESIDENTIAL DEVELOPMENT
M° g
ESHE 2 F 2 120
l
i
rrq l!
1
.�r
uc
.............. _~ rvv-mnc..n �_
l
' 27 3
!
i 23
�-
"9'I�'__
..��
ACTMUCCFFw110.W15PAC-
Imuc
It
PANIEPEOIEAiIWt4,••_•-_•L__ _..� ,—,i ! _/�:..:�..:.:.::.:
SPACE - � '• " .u...
u.=or ..w r �L --__J /!� Ir1• .\, :-fit_
LANTANA CROSSING
PHASE FOUR
A PERFORMANCE RESIDENTIAL DEVELOPMENT z.
)P tl0 nHIM
y
�:Eaiv�ianrm�..�a wr W�<mm gar w.� a R..
u. am_ ..r muJli� y.yral t SM�Lij
b
___________ ____ `rY'�e_
e
X
11
1 I 1 1 1 I
I I I f I I
n /
'---- ---------
a as .LLYYL1f F0.D J / '•`:rMA':'�\i.e:'"•.'mt�'e a�'a"s.`.
Ys; �' se I � � ., `� ,: t"�` �_.. •._..w..�
�" ALINEFCLflUilp•IPL SOME 4� 61 �u"e'aa`.a u'�z1w����
.s. !: a l _ .,:1. m l�l _ .-.-. o...., ._�_.._ I-f-/s r Nar 4✓�_a"tl
Ale
i
------------
umb
LANTANA CROSSING
PHASE FIVE
A PERFORMANCE RESIDENTIAL DEVELOPMENT
itz'b �+ af•...,ry �, a u»
HANOVER DESIGN SERVICES, P
adlo 1 s t
Lantana Crossing
" Lot Sales Through June 10, 2015
Lot# Sale Date Grantee Book Page
1 4/24/2013 Stevens Building Company 5731 1916-1919
2 4/24/2013 Stevens Building Company 5731 1916-1919
3 4/24/2013 Stevens Building Company 5731 1916-1919
4 7/7/2014 Stevens Building Company 5825 1042-1045
5 6/26/2014 Stevens Building Company 5822 2515-2518
6 1/7/2015 Stevens Building Company 5861 1748-1751
7 12/4/2014 Stevens Building Company 5855 1047-1050
8 11/13/2014 Stevens Building Company 5851 1333-1336
9 6/1/2015 Stevens Building Company 5893 2087-2090
10 6/16/2014 Stevens Building Company 5820 2438-2441
11 8/28/2013 Stevens Building Company 5766 1052-1055
12 6/16/2014 Stevens Building Company 5820 2438-2441
13 6/16/2014 Stevens Building Company 5820 2438-2441
14 7/10/2014 Stevens Building Company 5826 2003-2006
15 7/7/2014 Stevens Building Company 5825 1042-1045
16 5/19/2015 Stevens Building Company 5890 872-875
17 2/27/2014 Stevens Building Company 5800 1163-1166
18 5/13/2014 Stevens Building Company 5813 2748-2751
20 10/7/2013 Stevens Building Company 5775 599-602
21 10/7/2013 Stevens Building Company 5775 599-602
22 10/23/2013 Stevens Building Company 5778 1918-1921
23 3/20/2014 Stevens Building Company 5804 885-888
24 12/4/2014 Stevens Building Company 5855 1047-1050
25 12/4/2014 Stevens Building Company 5855 1047-1050
26 2/19/2015 Stevens Building Company 5873 60-63
28 1/7/2015 Stevens Building Company 5861 1748-1751
29 8/28/2014 Stevens Building Company 5835 2157-2160
37 5/5/2015 Stevens Building Company 5887 334-337
41 4/23/2015 Stevens Building Company 5884 2315-2318
44 3/10/2015 Stevens Building Company 5873 1976-1979
47 3/4/2015 Stevens Building Company 5872 238-241
48 2/19/2015 Stevens Building Company 5869 1605-1608
49 2/10/2015 Stevens Building Company 5876 1819-1822
50 3/10/2015 Stevens Building Company 5873 1976-1979
52 3/10/2015 Stevens Building Company 5873 1976-1979
53 11/13/2014 Stevens Building Company 5851 1333-1336
54 4/23/2015 Stevens Building Company 5884 2315-2318
55 10/28/2014 Stevens Building Company 5848 1258-1261
56 2/19/2015 Stevens Building Company 5873 60-63
57 8/12/2014 Stevens Building Company 5832 2173-2176
59 4/25/2014 Stevens Building Company 5810 2058-2062
60 3/3/2014 Stevens Building Company 5802 914-917
61 10/28/2014 Stevens Building Company 5848 1258-1261
62 9/4/2013 Stevens Building Company 5767 655-658
63 9/4/2013 Stevens Building Company 5884 655-658
64 10/7/2013 Stevens Building Company 5775 599-602
65 9/4/2013 Stevens Building Company 5890 655-658
66 5/20/2014 Stevens Building Company 5815 1475-1478
48 Total Lots Sold
72.73% Precent of Lots Sold
9 EGEIVE
JUN 18 2015
BY:
V
SrEv�s
$u�..otrJC�
S:\Companies\CRR Properties\WFDC, LLC & Wildflower Project\Wildflower Project\Lot Sales\Lantana Sol6AI i @d6.25395PM
WNOR DIMaN
LANTANA CROSSING,
PHASE ONE
HAMM TOW1 F
NEW NANOY CWrM
NORM C MNA
\♦ n�� R re
ONNER: LLC '0B -
PD D% 3649
aanm
♦♦
w aw
♦♦
WLMINGTON,ON, NC 28a08
♦♦♦
CRR PROPERRES 4C
PO BD% 3649
♦
am ♦♦♦
AIWJNGTON. NC 3640E
y
r s n ei rp m
OAIE: MARGI 38, 2O10
♦♦♦♦ / i
ry wr ♦
'el 'f
YHVy
nwsrm at - oc 9n
w omurm.m wieo-rw
a•.mv W memo ar�A
v � uanr a �� an waiao°m noun uu
1°'"sv ui`sa Dm v
m mwa m sm spn rYA a.r
♦ SA .T(i IOiY W
Y� nn Sr� Y4a: fubM1Vr (aM.iu uY
WIM:aN avu :rY V mntlbe
Y$S
u. ENmo Ad M[
MrwOwW y ��
4a -
. Cwgrtp Nwr
- fafpR wMt
f�\KylpAM idR96\IWr>afAe..VMAt vVSVWip4 q1I
mar $my, 51 liya 390 "
SlWrtxm N-0 RAM
raua usuwr
rgas
RAM �' T �'Mu �rT��a\101b11)i�
MdMn %�A nW
mum
u aimq rt�
*I
/ �t m+ruw o amwcY wo uuere
' \ it.au4+��rx mor nArmu+.K
' 6F.V.\ uu[ rAw,n Awran ur vwuaw
l:+St\ y rip. ym�p�r �av atom
1 GM,R6JK_ K�iM
\\\ •nID'4`,�:P..-.{. um mu+aa vw:atieui"cW. � r.n
.sa iq�:ii \\ uc .rry
\ n�wY wrwr
l \\ wuf4a'aiu"cav�:.�sowo.
i'( ao2 as
rxrt uM u\-avr
V' \ w w ro rfaf
A, \\
mrtri3 v Worn m �.'[ aAramv
ql� rtV+agr:tIX[ Au\ xmq M mA ra M mxn
\\
Lai�I wxv.RaMK w=aunfMunM3Yv44mM1r-
\
01T M Yr. M4Gi. N TaT[.l FYL
\
\
�Ym Tu��Dri xpYD WTApmA
rRr.Ym/YVY M.x aq.YynW
w au q.n
\
M Y.S gFUY.nAu iG vuAWv.
\\
-"
\
i1D
v smms�e�sat ue Apmcm.
�wre of x+amvu
rin wo. mr.. �,. rmWMo.oAV MnORn
sa«'n0xaom'''�'rau ,a r,.,��'s��01m M1srw
vamnursva c^c
os.e""O.p uAv ua �d "osriman um .ex
1�-;G.1 ]�P_
m. vwu w orgs m rwa a'Sevarz r¢ u rmp
ua oawux ummxn Ac oacaD rD neuc uraM1
R:p:m.
+.u®M1+Mti mmxwo.s saw
AYFDL, LLc
Mm�inna xo,t: �m.vn
��\
rTM3w*_9aJ mvA a syy,_ywurt. mcn
v nx s m n.r .o +uw n.s anmc.mr a Yn+m
\
u D Z'
BRbANv[.D.bl Rmbx6
ALL lAry1pY
\\\
�
•�K qDy��
IT.R ut \ \
W fagnau \
4R aV MIC umIn WWOn
\
\
wSr.mmra Mort ew nar vy:Y'
4W' �:v.
m�imMr,iAm w4eM mm nut MVY drVf
M
N MC vyaApf V mi Mn w op•R.E .
r4r. M [NY R.N rti<NYn Wh�pM1.VPaMIrA
\ nT OIXOGIN IM M MF wAA A'Op,
Am�CumT �pAm�nsrp M\RAN NK� M.w4 Pp M
mY mrYO nor M Wf N/ KmFVNIY.
4
OILxT rien. om..x
@IpL �M wVP (RVM1 A�nM W41P n.
L
I
m
un
I Y
e
i =
nEuaaoo
e j x RA
j J
alI
E
I
1
�
PASSN£REg1E4lR]IIAL_�%
I
I� i i I i li i
I I li
I I ,• � rr•; I I I I ��\
� i iyM I i i i i i Io
urn I wry wn, re I wr i win i win I um � �P O
I I I wn I
II I I II I � i I; II
vmv. �enm a ,vnn. .vnm i i.vfm. avm i � , i
a aro•,o
,
TV
ea
--
A ERVE RE�FA.N-UI SPACE •� 4 l01`I
LANTANA CROSSING
PHASE THREE
A PERFORMANCE RESIDENTIAL DEVELOPMENT
NMVNEP TOMIP
NEW NPNOKR CCUNtt
NCR�N CMWxn
OMER. WIX. LLC
MLM NGLCN. NC 39W8
OXY ANE 20. 2016 (!£nD/'lSLY mru mm aar
SHEET 2OF2Qo
�
AF Wcsa Qiw lal
J; .;�5n7��`'_ r�a n• � wa - ray', ,______
NANOVER DESIGN SEWMS. PA n....n
• I -- w re w mo,
ci
_ 1 i
m/ -_ ......, ... e. ..
,, ie a.�..�....r
! 1 1
z_ 1 27 . u : n l 2=
n
.. A .,.
, ----- -
I�!
-1
of
ALRJE RE-LREA� SMLE
_. /'�./= 7-g.fub�ni
P0.SSNEKIUCET'0NP1'�.�_�_
LANTANA CROSSING
PHASE FOUR
A PERFORMANCE RESIDENTIAL DEVELOPMENT
NMNEI! iOMW
NEW NMOYER =N T,
Noum wnawx
O MNER NiOL. IIL
P. Hox Y=91C 284M
u o
NIZ
LLI.
0AV MAY xs. A
Fmk59. e- 1'l3�
mom �m� nmaom
LOfAT10N MAP
Ib xcu)
I-0 \
.,A wZaWkw-
v...®v.a�n.owuwav
�S «M
t��Qd
0."3 4.wz'�rt l��/s law
m uxmur NWOVER0ESI0NSS•PARt
...®u...e e..n i+,.• '.."' WSW .. w.. m�M�r-�rC) w-«r. "iaol Ww. \�/�/
1 1 L pOIV MAP
,��, wr. +• "°'1., ,,.r. j w... �� .—.— —I ,,,.. 'I �..., 'I a... � ,.. I ..., I rJ O� E I
-- ---- - ------- - Z I --7-
1
li w At z6 aoao .::., n j j z l za z]�/
"�'a�u' I ®I
I N 11 .. .,` I `•� +r.rr., ,.mn- -- T xc, IJ Y lop. L'----------
---- ---- --
dp ` nteEUARIFc- �' ateEwulr: xonn •'l�"`''i:\-I.n."
_ --_-
-
41 ; d]+ I Sl yd SS x.56 j 51 j 59 I e.i°u.n
1..7.
11 ` I1 I'.. �rRi �n'm a „ ACLNERI'AFAIP`145PALE nn `nmu°w°"i',� aa.m'« ue.'�"LZJim+N
_—
___
C]] ``---\••�(_`� dix �i d l.'-_.'.'WtTLWAt ..�111M —rtv u,mrc
`FA$$NF SPACE
E
Al
Napa _� "cr----� �- ~� -•-.._.. �.� T RxSP� lE°°"�-�"191iK�
LANTANA CROSSING �-
PHASE FIVE art'
A PERFORMANCE RESIDENTIAL DEVELOPMENT
NARNCiI rawNarP m
NEw y mMR CWNry orvo um mm. m,wrzu we.wn...ery
ONNCR lDC, LLC
PC 00N NO
xiLUNGiW, C2W6 •• m o,.�aon®.®m_.rr.a_ wr vcmuxrm�.�_
oalc CEC a zold ,..... nvrrm . .... ,•n+•• m,r......o- rm
�.e NANOVER DESIGN SERVICESP.A
k,-0 Z
II� I' IIq plry�p1111 �I�I�II II II III �II III FOR REGISTRATION 4 23 10 PM
DEEDS
2013015015 NII BK 527313PG 1916-1919 FEE $26 00
NC REV STAMP $330 00
IN51 NENi p K13015015
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by Nancy M. Guyton, Attorney Returned To:
Morgan & Carter, PLLC P.O Drawer 59 JC yy�.�
""n*r
Wilmington, NC 28402
Excise Tax $330.00 TAX PARCEL No- P/O R05000-001-002-000
Brief description for the index:
LOTS 1, 2 & 3 LANTANA CROSSING PHASE ONE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this Z q "day of April, 2013 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and Stevens Building Company, a North Carolina
corporation, herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEE.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEE, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEE and its successors, and assigns
forever, all that certain real property located in New Hanover County, North Carolina,
described as follows
III f(19IIIIIIIIII(�IIIIII�fIINNIHIIllllIIN
201303131857
FOR REGISTRRTION REGISTER OF DEEDS
TRMMY TNEUSGH HEFSIEY
NE4 HRNOVER COUNTY NC
20i3 RUG 30 02:50:01 PM
BK:5766 PG:1052-1055 fEE.126 00
K REV STMP:$110.00
INS MEN1 1201321657
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney Retuned To:
Morgan & Carter, PLLC
P.O. Drawer 59 JC fkane, if
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-002-000
Brief description for the index:
LOT 11 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this Z i?) day of August, 2013 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described as follows:
IIII�IIIINIIIIIIRAINIIIAIIAA IIIIIIIINAII
2013032284
FOR REGISTRRTION REGISTER OF DEEDS
@1Y THEUSCH BERSLE
T RY
NE4 HMIOVER COU1nY, NC
2013 SEP 04 04 33 03 PM
BK 5767 PG 655-658 FEE $26 00
NC REV ST MP $330 00
1NSWENI # 21713032N
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by Nancy M G CarterAttorney Re,N
Morgan &Carter, PLLC
P O. Drawer 59 y
Wilmington, NC 28402
Excise Tax: $330.00 TAX PARCEL No: P/O R05000-001-002-000
Brief description for the index -
LOTS 62, 63, 65 LANTANA CROSSING PHASE THREE
I
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 41h day of September, 2013 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
QS
II I� III III III IIIVII IA�I II II
2015016304
FOR REGISTRRT[ON REGISTER OF DEEDS
TRMMY THEUSCH BERSLEY
NEW HRNOVER COUNTY. Nc
2015 JUN 03 04 23 43 PM
BK 5893 PG 2087-2090 FEE $26 00
K REV STAMP $110 00
IN51RUr I # N150M;
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney Returned To:
Morgan & Carter, PLLC
P.O. Drawer 59 JC Hearne, II
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: R05000-001-015-000
Brief description for the index:
LOT 9 PHASE TWO LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 1st day of June, 2015, by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Dnve, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
�T
I20IIIII111161111311'�1IN11�IlIIINl�lll�lllll
FOR RERMMYTRHEUSCHRBERSLER OF DEEDS
NEW HRNOVER COUNTY. ND
2013 OCT BB 04 N 58 PM
BK 5775 K 599-602 FEE $26 N
NC REV STPMP $3H 00
JN$J UNENi 12413U3 I
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by )Nancy M. Guyton, Attorney Returned To:
Morgan & Carter, PLLC
P O Drawer 59 JC Hearne, II
Wilmington, NC 28402
Excise Tax: $330.00 TAX PARCEL No. P/O ROSOOO-00 1 -002-000
Brief description for the index.
LOTS 20,21,64 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this %+~ day of October, 2013 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
IN
IIW III�II II IIII�II II �I III II4I III
2013038240
FOR REOISTRRTI ON REGISTER OF 1EE05
TRMMY THEUSCH BERSLEY
N£Y HRNOVER COUNTY. NC
2013 OCT 24 03 46 02 PM
BK 5778 PG 1918-421 FEE $26 00
NC REV STAMP $110 00
DIMON Ni # NQ038240
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney
Morgan & Carter, PLLC Raturm-d To:
P O. Drawer 59 a( n ti33fli�r �i
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-002-000
Brief description for the index.
LOT 22 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 2�3 day of October, 2013 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it to hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
�,o
W
II III III I II IIIII IIIuIII1lI III
2014004915
FOR REGISTRRTION REGISTER OF DEEDS
TRMMY THEUSCH BEASLEY
NEW HQNOVER COUNTY, NC
2014 FEB 28 04 3155 PM
BK 5800 PG 1163-1166 FEE $26 00
NC REV STAMP $110.00
INSiM # 4 iQN915
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: *Nancy M. Guyton, Attorney
Morgan & Carter, PLLC i�2t![rlled t0:
P.O. Drawer 59
Wilmington, NC 28402 J-03oph C Heame, 11
Excise Tax: $110.00 TAX PARCEL No: R05000-001-023-000
Brief description for the index:
LOT 17 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
Iq
THIS DEED, made this 2 day of February, 2014 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
i 2014005918 IIY� hln INI IINI II(I III NII
FOR REGI STRRTION REGISTER OF DEEDS
TRMMY THEUSCH BER6LEY
NEW HRNOVER COUNTV, NC
2014 MAR 12 04 06 34 PM
BK 5802 PG 914-917 FEE $26 00
NC REV STAMP $110 00
INSIRUNENI 1MAN
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: fNancy M. Guyton, Attorney Postumed to:
Morgan & Carter, PLLC jos3ph C tleame, II
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax $110.00 TAX PARCEL No R05000-001-031-000
Brief description for the index:
LOT 60 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 3.51P day of March, 2014 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
Illlll� Ill I�I�IIIIVII�IIIVI� Illl� II
2014006976
FOR REGISTRRT'ON REGISTER OF OEED5
TRMMY THEUSCI4 HERAEY
NEW HANOVER COUNTY, Nc
2014 MAR 24 04 43 12 PM
BK 5804 PG 885-HB FEE $26 00
NC REV STAMP $110 00
10011 Y@M6976
THIS INSTRUMENT PREPARED WITHOUT CERTIFICATION OF TITLE.
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE T --
THE PROPERTY. R�1m@d G7
Jozaph C Home, ll
Prepared by*Nancy M Guyton, Attorney
Morgan & Carter, PLLC, P O Drawer 59, Wilmington, NC 28402
Excise Tax 110 00
TAX PARCEL No ROSOOO-001-029-000
Brief description for the index
LOT 23 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this day of March, 2014 by and between,
WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road,
Wilmington, North Carolina 28401, whether one or more, called GRANTOR, and
STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose
mailing address is 5710 Oleander Drive, Suite 200, Wilmington, North Carolina
28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars
($10 00) and other valuable considerations to them in hand paid by the
GRANTEES, the receipt whereof is hereby acknowledged, have bargained and
sold, and by these presents do hereby grant, bargain, sell and convey unto
GRANTEES and their heirs, successors, and assigns forever, all that certain real
2014011922
FOR REGISTRATION REGISTER OF DEEDS
1AIMY THEUSCH BEASLEY
NEW dANOVER COUNTY, NC
2014 MAY 14 03 32 49 PM
SK 5813 PG 2748-2751 FEE $26 00
NC REV STAMP $110 00
MINIM # M4 IR?
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by Nancy M Guyton, Attorney _
Morgan & Carter, PLLC Returned to-
P O Drawer 59 Josoph C 416mer if
Wilmington, NC 28402
Excise Tax: $110 00 TAX PARCEL No R05000-001-024-000
Brief description for the index
LOT 18 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 13 day of May, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by. Nancy M. Guyton, Attorney
Morgan & Carter, PLLC Returned to'
P.O. Drawer 59 JO=Ph L Hearne, E3
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: R05000-001-030-000
Brief description for the index
LOT 59 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 26 day of April, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
TO HAVE AND TO HOLD the above granted and described property, together
with all and singular, the rights, privileges, easements, tenements and appurtenances
thereunto belonging, or in anywise appertaining unto the said GRANTEES, their heirs,
successors, and assigns, in fee simple, forever.
AND THE GRANTOR, for itself, its successors and assigns, does covenant to
and with the said GRANTEES, their heirs, successors, and assigns, that GRANTOR is
IIIVI IIIII I 2014010208
&FOR REGISTRRTION REGISTER OF DEED'
TRMMY THEUSCH BERSLEY
NEW HANOVER COUNTY NC
2014 APR 18 0,.48.21 PM
8K 5810 PG;2058-2061 FEE•$26 00
REV STPjfP:Sff0.00
PGRI U # 20 46102M
WARRANTY DEED
WFDC,LLC TO Stevens Building Company
Returned to;
Jewph C Hearne,
IIII �IIII Illll IIIIIIINIIV IIIlllll II III
2014012757
3FOR
OF DEED'
BK 50I5 PG 1415-1 78 4ju "N @9
INS lR(1ro r # 1011011151
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney Return@d to. -
Morgan & Carter, PLLC J03QPh C Heame 11
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $110 00 TAX PARCEL No: R05000-001-037-000
Brief description for the index -
LOT 66 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA�GjENERAL WARRANTY DEED
THIS DEED, made this 2Oday of May, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Dnve, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
2�
IIlII1 llllll I!I �II�J�IIIIIINIII IIII
2014015413
FOR REGISTRATION REGISTER OF OEFOS
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2014 JUN 18 03 31 23 PM
BK 5820 PG 2438-2441 FEE $26 00
NC REV STRMP $330 00
A51NNE111 # 1014015W
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney RetUfl18d t0;
Morgan & Carter, PLLC JosaPh C HeMes 9
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $330.00 TAX PARCEL Nos: R05000-001-016-000
R05000-001-018-000
FR1131:0111111 QII
Brief description for the index:
LOTS 10,12,13 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 16th day of June, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
I Il�il II Irl NlI. lililll I I I'�I IN I'illl I'i II'� II
2014016430
FOR REGISTRATION REGISTER OF DEEDS
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY NC
2014 JUN 27 01 18 56 PM
BK 5822 PG 2515-2518 FEE $26 00
NC REV STAMP $110 00
IF U DI # 2Gj1ORK
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney
Morgan & Carter, PLLC
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax- $110 00 TAX PARCEL No
Brief description for the index.
Retllmed to:
J=ph C Heame,11
11 .Ii1Z1Z11111 E4111, IIIIll
LOT 5 LANTANA CROSSING PHASE ONE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 26th day of June, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
IIIININ� 1111111NIIINIIN N�1111111NN11111INlnl
2014017567
FOR R'MMVT THEUSCHRBERSLER OF DEEDS
NEW HANOVER COUNTY, NC
2014 JUL 08 04 36 00 PM
BK 5825NCCREV4ST1AMP5FEE $26 $220 00
00
1N5 VENT � 2614 MFI
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by.'
+Nancy M. Guyton, Attorney
Morgan & Carter, PLLC Returned to; --
P.O. Drawer 59 J033ph C Hearne, II
Wilmington, NC 28402
Excise Tax: $220.00 TAX PARCEL Nos: R05000-001-008-000
Lt .tt t0� t tri,
Brief description for the index:
LOT 4 LANTANA CROSSING PHASE ONE
LOT 15 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 7th day of July, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
Ii�� III III NCI Ills {� {ill III 1{II Ili IlU I{II
2014018288
SFOR REGISTRRTION REGISTER OF DEED'
TRMMY THEUSCH BERSLEY
NEW HRNOVER COUNTY NC
2014 JUL 15 03:34. PM
Y 5826NCGREV�S 2 E110:006 00
1NSiRUMENI 11@140 M
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney Returned to -
Morgan & Carter, PLLC J0300 C Hearne, El
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $ 110.00 TAX PARCEL No: R05000-001-020-000
Brief description for the index:
LOT 14 LANTANA CROSSING PHASE THREE
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this loth day of July, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
M
IIIIIIIIIIIIINI!Illillli.!I�!IIIIIInN IIIIIII�II!Iilll
2014021416
FOR REG75TR...ON REGISTER OF DEEDS
TPMMY THEUSCH 9EPSLEY
2014HAUG 14 04457Y35NPM
8K 5832 PG 2173-2176 FEE $26 00
NC REV STAMP $110 00
1NS MENi # 2N021116
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by. Nancy M. Guyton, Attorney F3etulrfed to..
Jc300 C Heame li
Morgan & Carter, PLLC
P O. Drawer 59
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: R05000-001-048-000
Brief description for the index
LOT 57 LANTANA CROSSING PHASE FOUR
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 12th day of August, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
IIII III III III �III�I Illlu I I�IIIIIII
2014022826
FOR REGISTRATION REGISTER OF DEEDS
TAMMY THEUSCH BEA'.,LEY
NEW HANOVER COUNTY, NC
2014 AUG 28 04 31 20 PM
BK 5835 PG 2157-2160 FEE $26 00
NC REV STAMP $110 00
INSiRUNEVI 2014OM6
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by Cancy M Guyton, Attorney Returned TO:
Morgan & Carter, PLLC
P O Drawer 59 9C Heame,11
Wilmington, NC 28402
Excise Tax $110 00 TAX PARCEL No R05000-001-043-000
Brief description for the index
LOT 29 LANTANA CROSSING PHASE FOUR
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 28th day of August, 2014 by and between, WFDC, LLC
herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina
28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina
corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
1111111 11111111111 IB I I� II I� I� II II
2014029180
FOR REGISTRPTION REGISTER OF DEEDS
TAMY THEUSCH BERSLEY
NEW HaNOVER COUNTY, NC
2014 OCT 30 04 38 44 PM
BK 5848 PG 125E-1261 FEE $26 00
NC REV STPMP $220 00
[NPREN1 # 201402919
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney
Morgan & Carter, PLLC Returned To:
P.O. Drawer 59
Wilmington, NC 29402 JC Hearne, II
Excise Tax: $220.00 TAX PARCEL No: R05000-001-046-Wo
R05000-001-032-000
Brief description for the index:
LOT 55 PHASE FOUR, LOT 61 PHASE THREE, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 28th day of October, 2014 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
3•
�.� ?,As
I III6»I IIIil lllll �N IIRI Ii� I� I II01111
20140304030672
iFOR REGISTRRTION REGISTER OF DEED'
NEY�11gN.,.R OU.NTrY NC
2014 NOV 14 04.31 27 PM
BK 6B61 PGA333-1336 FEE426 00
NC REV STAMP • 5220.00
INMUMENI 1201UM
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney FICtUmed to.
Morgan & Carter, PLLC J���Ntt C Hearne, 1'
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $220.00 TAX PARCEL No: ROSOOO-001-044-000
R05000-001-014-M
Brief description for the index:
LOT 53 PHASE FOUR, LOT 8 PHASE TWO, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 13th day of November, 2014 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their hens, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
II11�1111N1{�IIIIIIINIIIIIIIIIIIIINIIIn�lllh811
2014032581
FOR REGISTRATION REGISTER OF DEEDS
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2014 DEC 04 04 40 41 PM
BK 5855 PG 1047-1050 FEE $26 00
NC REV STAMP $330 00
19TRUV # 201032581
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney
Morgan & Carter, PLLC r:7a,!rRed fO:
P,O. Drawer 59 `l•"—A C memo
Wilmington, NC 28402
Excise Tax: $330.00 TAX PARCEL No: R05000-001-013-000
RO5000-001-038-000
RO5000-001-039-000
Brief description for the index:
LOT 24, 2S PHASE FOUR, LOT 7 PHASE TWO, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 4th day of December 2014
by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road,
Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING
COMPANY, a North Carolina corporation herein, whose mailing address is 5710
Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called
GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
10111 IIII INS Illl III NIA NII NII IN NCI N� 1111
VOR TEErISTR USCNRBERSIEV OF DEED'
NEW HRNOVER COUNTY, NC
2015 JRN 08 84 32 52 PM
8K 5861K REV45TANP1FEE .$220 006 00
jjpgU l 1201609 M
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney
Morgan & Carter, PLLC ti - ,2 r pd to!
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $220.00 TAX PARCEL No: R05000-001-012-000
R05000-001-042-000
Brief description for the index:
LOT 6 PHASE TWO, LOT 28 PHASE FOUR, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this r day of January, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
�5
�ti° 111191111111NIUIIiINIIINIIIII�IIBIINIIIIIINII
201B003693
FOR REGISTRFlTION REGISTER Of DEEDS
NEW TNEUSLH 9ERSLEY
2015NFEB 11 03 43Y12 PM
BK 5867 PG 1819-1822 FEE $26 00
NC REV STAMP $120 00
INSTRUI W I P01504 o
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Returned To:
Prepared by: Nancy M. Guyton, Attorney JC Hearne, D
Morgan & Carter, PLLC
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000
Brief description for the index:
LOT 49 PHASE FIVE, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA/GENERAL WARRANTY DEED
THIS DEED, made this /D / day of February, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
II Ilullll ul 114I FOR REG:STRHEION REGISTER OF DEEDS
WqEY
TNEUSCN BEHSL
NEW NRNOVER COUNTY, NC
2015 FEB 20 04 38 35 PM
BK 5869 PG 1605-1608 FEE $26 00
K REV STRMP $120 00
INSiRUEF 0 N15009K
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: &ancy M. Guyton, Attorney Returned to -
Morgan & Carter, PLLC Joseph C ii82 ip,
P.O Drawer 59
Wilmington, NC 28402
Excise Tax- $120 00 TAX PARCEL No. P/O R05000-001-011-000
Brief description for the index
LOT 48 PHASE FIVE, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this � day of February, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their hens, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference
,gyp:
II IIIIY I�I @�II II II�Y IInII �IIIII I� II
2015006315
FOR REGISTRATION REGISTER OF DEEDS
TAMOY THEUSCH BEASLEY
NEW HANOVER COUNTY. NC
2015 MAR 10 03 35 44 PM
8K 5873 PG 60-63 FEE $26.00
NC REV STAMP.$220 00
INF U Ail # N15ON315
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by *Nancy M Guyton, Attorney
Morgan & Carter, PLLC RB2l med to*
P.O Drawer 59 J:.^ Ph C n 1 €i
Wilmington, NC 28402
Excise Tax: $220.00 TAX PARCEL No. R05000-001-040-000
R05000-001-047-000
Brief description for the index:
LOTS 26 & 56 PHASE FOUR, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 14'F� day of February, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
��° IIIIIIII�l�INIINNNII�IIIlIINIIINNIIIIII�II
2etso14653
FOR REGISTRATION REGISTER OF DEEDS
TRMMY THEUSCH SERSLEY
NEW HRNOVER COUNTY, NC
2015 MAY 20 04 25 06 PM
BK 5990 PG 872-875 FEE $26 N
NC REV SIPMP $110 00
ICON 1101TM
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M Guyton, Attorney
Morgan & Carter, PLLC r:7. 9,ned toe
P O. Drawer 59 �""";h C Home; 11
Wilmington, NC 28402
Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-022-000
Brief description for the index -
LOT 16 PHASE THREE LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this -I - day of May, 2015, by and between, WFDC,
LLC herein, whose mailing address Is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00)
and other valuable considerations to It in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
1�11 �UI IIIII IIIII III IIII II II IIIII III I IIII II II IIII
2015005763
FOR RpnMYTTWEUSCHREGIST BERSI.EY OF DEEDS
NEW HRNOVER COUNTY. NC
2015 MAR 04 04 11 45 PM
BK 5872 PG 24-241 FEE•S26 00
NC REV SIAMP,$120 00
JNpI g # n50Q v
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: ANancy M. Guyton, Attorney
Morgan & Carter, PLLC RetuTi W to.*
P.O. Drawer 59 Jc=ph C F1eme, [I
Wilmington, NC 28402
Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000
Brief description for the index:
LOT 47 PHASE FIVE, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this day of March, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
IIIININUIi�nIIl�1NNIINIIalll�l�llb�ll�Il
20t5006626
FOR REGISTRPTION REGISTER OF DEEDS
TPNMV THEUSCH SEPSLEV
NEW HA OVER COUNTY, NC
2015 MAR 12 04 20 16 PM
8K 5813NCGREV ISTO79 P V60 FEE 006 00
INF UMENi t 24156KO
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: Nancy M. Guyton, Attorney Refty j�d t - -
Morgan & Carter, PLLC J `► H®I ��
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $360.00 TAX PARCEL No: P/O R05000-001-011-000
Brief description for the index:
LOTS 44, 50, 52 PHASE FIVE, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this l D I" day of March, 2015 by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
IIII 41Y II I IIII I III III I�I III I I IIII II IIII
2015011989
FOR RE DE
RED ISTER OF DEED5
TW'IMY THE
BEASLEY
NEW HPNOVER COUNTY, NC
2015 APR 28 03 41 16 PM
8K 5884CREY STAMP $230 00 00
RC
IPRU 129150A9
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared byr A Nancy M. Guyton, Attorney RatumW t0;
Morgan & Carter, PLLC JC Xregrne, II
P.O. Drawer 59
Wilmington, NC 28402
Excise Tax: $230.00 TAX PARCEL Nos: P/O R05000-001-011-000
R05000-001-045-000
Brief description for the index:
LOT 41 PHASE FIVE & LOT M PHASE FOUR, LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this Z 3/day of April, 2015, by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to It in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
III i H� Ili NIN II I CHI I III N� 8 � INII NN fl
2035013061
FOR REGI STRRTION REGISTER OF DEEDS
TRMHY THEUSCH BERSLEY
NEW ...... R COUNTY. NC
2015 MAY 06 03 33 23 PM
BK 5887 PC 334-337 FEE $26 00
NC REV STAMP $120 00
INSiR0 I # 201501 N
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO
THE PROPERTY.
Prepared by: -&ancy M. Guyton, Attorney Bt!lrlt@d to:P.O. Drawer 59
Morgan Carter, PLLC Joseph C Heamaj li
Wilmington, NC 28402
Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000
Brief description for the index:
LOT 37 PHASE FIVE LANTANA CROSSING
The property conveyed herein does not include the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this day of May, 2015, by and between, WFDC,
LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North
Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North
Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200,
Wilmington, NC 28403, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable considerations to it in hand paid by the GRANTEES, the receipt
whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and
assigns forever, all that certain real property located in New Hanover County, North
Carolina, described on Exhibit A attached hereto and incorporated herein by reference.
3
WFDC, LLC
Post Office Box 3649 - Wilmington, North Carolina 28406
Phone: (910)762-2676•Fax: (910)762-2680
September 8, 2015
Ms. Kelly Johnson
NCDENR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: SW8120911
Lantana Crossing
Transfer of Stormwater Pond to HOA
Dear Ms. Johnson:
Thank you for taking your time this morning to review the materials to be submitted in
response to your letter dated August 26, 2015.
Pursuant to our conversation. this will confirm that Stevens Building Company has sold
and deeded out 42 homes to the retail homeowners. Attached hereto is a list of the lots
that have been sold and deeded out along with the buyer's last name and the date of
closing. 1 have also included a copy of the recorded plats with the homes sold by Stevens
highlighted in orange.
Also attached is the Plan Revision Application with attachments showing the final lot
numbers as recorded.
It is my understanding that these documents will complete the items necessary for the
Permit to be transferred.
Your assistance in getting= this done is greatly appreciated.
Best Regards,
WFDC, LLC
By: 9
William H. Cameron, Manager ENE
i6 E
N7+
e
SEP 1 12015
WHC:dp�
BY:
Enclosures
Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, September 01, 2015 2:29 PM
To: Bill Cameron (bill@cameronco.com) (bill@cameronco.com)
Subject: SW8 120911, Lantana Crossing
Mr. Cameron,
The plan revision application and instructions are available on our website, http://portal.ncdenr.org/web/ir/state-
stormwater-forms docs.
Thanks,
Kelly
V—CLLl Johv"Sov"
Kelly Johnson
,Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: 910.350.2004
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 26, 2015
Mr. William H. Cameron, Manager
WFDC, LLC
P.O. Box 3649
Wilmington, NC 28406
Subject: Notice of Inspection and Request for Additional Information
Lantana Crossing
State Stormwater Management Permit No. SW8120911
New Hanover County
Donald van der Vaart
Secretary
Dear Mr. Cameron:
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a Stormwater
Management Permit Name/Ownership Change Application for the subject project on June 18, 2015. In support of this
request, the DEMLR inspected the subject project on August 26, 2015 to determine the status of compliance with the
permit which was issued on November 28, 2012.
Notice of Inspection:
DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit.
Please find a copy of the completed form entitled "Compliance Inspection Report' attached to this letter, which summarizes
the findings of the recent inspection.
Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater
Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute
143-214.7, including operation and maintenance of the permitted stormwater system. Violations of your Stormwater
Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation.
Request for Additional Information:
A preliminary review of the information submitted has determined that the application is not complete. The following
information is needed to continue the stormwater review:
Permit Transfer: The Name/Ownership Change Form shows that you would like to transfer the permit to the
Lantana Crossing HOA, Inc. Though the HOA owns the common areas, and the project is in compliance, the
ownership data you have submitted shows that Stevens Building Company owns —73% of the subdivision. The
HOA is an incorporated entity per the NC Secretary of State, but it appears that Stevens Building Company is the
primary landowner. It does not appear that the homeowners in the HOA are in control of the subdivision such that
they can be the permit holder per SL2011-256. If you would like to transfer the permit to Stevens Building
Company, assuming that Stevens is associated with the HOA who owns the common areas, please submit a
revised transfer form. Otherwise, the transfer application will be returned to you.
Plan Revision: The lot numbers have been revised since the permit was issued. The deed restrictions are
recorded to allow 3,500sf of BUA per lot regardless of the lot number, and so this does not affect the permit text.
However, in comparing the PE Certification plan received on June 18, 2015 to the permitted plan dated November
28, 2012 it is difficult to line up the lot numbers. For instance, the 2012 plan shows lot numbers 64-68 and the
2015 plan does not. All of the lots on the 2015 plan have been revised from the 2012 plan. Please submit a plan
revision application showing all of the lots and their current lot number. Please have WFDC, LLC submit the
application. (It will be processed prior to permit transfer if the permit is transferred.)
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004
August 26, 2015
Please note that this request for additional information is in response to a preliminary review. The requested information
1
should be received in this Office prior to September 28 2015, or the application will be returned as incomplete. The return
of a project will necessitate resubmission of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time extension to the
Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect
to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion
Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need to be
revised have been sent to the engineer or agent. All original documents must be returned or new originals must be
provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910)
796-7215 or email me at your email address here.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7331 or via
email at kelly.p.johnson@ncdenr.gov.
Since ly,
elly Johplson
Enviro ental Engineer
GDS\kpj: \\\Stormwater\Permits & Projects\2012\12091.1 HD\2015 08 CEI_compliant 120911
enc: Inspection Re oft, August 26, 2015
cc' David Hollis, PE, Hanover Design Services
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiP Stormwater File
Page 2 of 2
Compliance Inspection Report
Permit: SW812091I Effective: 11/28/12 Expiration: 11/28/20
Project: Lantana Crossing previously Wildflower Subdivision Wilmington
Owner: Wfdc LLC
County: New Hanover Adress: Aibemade Road And Sturbridge Dr
Region: Wilmington
City/State/Zip: Wilmington NC 28405
Contact Person: William H Cameron Title: Manager Phone: 910-762-2676
Directions to Project:
South end of Sturbridge, west end ofAlbemade take Market east of College to Judges, then north to Albemarle, west to site.
"'Reviewer needs to verify lat/long coordinates"
Type of Project: State Stonnwater - HD - Detention Pond
Drain Areas: 1 - (Spring Branch) (03-06-23 ) ( C,Sw)
2 - (Spring Branch) (03-06-23 ) (C,Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 08/26/2015 Entry Time: 08 30AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwaler
Facility Status: 0 Compliant ❑ Not Compliant
Question Areas:
® State Stonnwater
(See attachment summary)
Exit Time: 09:OOAM
Phone: 910-796-7331
Inspection Type: Transfer Renewal
page 1
permit: SW8120911 Owner -project: Wfdc LLC
Inspection Dale: 08/26/2015 Inspection Type Transfer Renewal
Reason for Visit.
Routine
File Review
Yes
No NA NE
[3
❑ ❑ ❑
Is the permit active?
Signed copy of the Engineer's certification is in the file?
®
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
®
❑ ❑ ❑
Copy of the recorded deed restrictions Is In the file?
®
❑ ❑ ❑
Comment
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ® ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ® ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? Es ❑ ❑ ❑
Comment
SW Measures
Yes
No NA NE
Are the SW measures constructed as per the approved plans?
®
❑ ❑ ❑
Are the inlets located per the approved plans?
®
❑ ❑ ❑
Are the outlet structures located per the approved plans?
®
❑ ❑ ❑
Comment
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑
Are the SW BMP Inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
El
DWO upon request?
Comment.
page: 2
Completeness Review Checklist
Project Name: C nS—N I hp Received Date:
Project Location: Accepted Date:
IRule(s) 2008 Coastal 1995 Coastal ®Phase II (WiRO) Universal 1988 Coastal
LType of Permit: New or Mod or MR Existing Permit # (Mod or PR): 1 MPE Cert on File?
Density: HD or LD Type: Commercial or Residential I L_JNCG:
%: M(% OK?) Stream Class: r__JSA Map I r__JOffsite to SW8
- (Subdivided?: Subdivision or Sinele Lot 11 IORW Map I I IExe
Paperwork Emailed Engineer on:
El Supplement(s) (1 original per BMP) BMP Type(s):
0&M with correct/original signatures (1 original per BMP except LS/VFS and swoles)
I --A plication with correct/original signatures `Dec�•rwJp D6eed
Corp or LLC: Sig. Auth. per SoS or letter �D )i" ®Email Address: Design Engineer
0$505 (within 6mo) _'[-p ®Email Address:- Owner--
®Soils Report with SHWT I F Note to Reviewer:
®Calculations(signed/sealed)
No obvious errors c oL'e�
Density includes common areas, etc
®Deed Restrictions, if subdivided:
(...�tc'.�,'ct�c-� er• co�Fra---tea-.
FlSiened & Notarized
Plans
®2 Sets
Grading
Vicinity Map
Legend
®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Wetlands: Delineated or No Wetlands
Layout (proposed BUA dimensions)
DA Maps MProject Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
®Soils Report
®PE Cert for Master Lot #:
SHWT:
®Deed Rest for Master ®Lot # Matches Master
Bottom:
®SHWT:
PP:
BUA Permitted (Master): sf
Visited:
BUA Proposed (Offsite): sf
Information:
Permitted Proposed:_
Proposed: Proposed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
� S-
�i
ow
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-21 4.7(c2)/Sess ion Law 2011-256)
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
uz�i This completed and signed form.
2,�gal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conveyed to the proposed permittee in accordance
with the condominium or planned community declaration.
3 gal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4.,A,c6py of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
r A,j e designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. he proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee.
�YThe $40.00 processing fee. If this is an initial transferJzom-the original permittee the processing
L/ fee is not required. Subsequent owners ip rans ers wi require the $40.00 processing fee.
ECEIVE
JUN 18 2015
BY:
SSW HOA N/O Change Rev24Sept2012 Page 1 of 3
M
II. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:' g 1% D g j I
2. Project Name:
3. Current Permitee's Company Name/Org)nization: W F DG L L G
4. Signing Official's Name: fA) i lllSw Title: 9_914 ir-
5. Mailing
/I Address: 0 _96P'N 36V 9
City: —Stater Zip: z8 `l06
6. Phone: ( 510 rl � Z - 2� 7� Fax: &0) ' b Z- 4 RD
III. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
The proposed permittee identified in the condominium or planned community's declaration is the
following (check one):
❑Unit Owners Association
E, /Owners Association
❑ Other Management Entity
ECEIVE
JUN 18 2015
BY:
Proposed Permittee's: 1. Company Name/Organization: Lc-o 7a_ wb ��✓b S SI n9 �i'� Znc
2. Contact Name & Title (Please provide name of company/organization's authorized representative or agent
and her/his official title such as President):
�nG/� GAMS
3. Mailing Address: 141 Z �%144, ..7SnFf I`o �i )— r7
City: 1 1 lti IM a 0 � State: Zip: 2 SV
4. Phone: ( qW y 1;7v - ,� 2f Z Fax: (1 /0 ) 25_6
IV. CURRENT PERMITTEE'S CERTIFICATION
I, W pL� Z LG , the current permittee, am submitting this request for
a transfer of stormwater permit # SW g1 a O t // . I hereby attest that I have met the
requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propose to transfer the permit
to a unit owners association, owners association, or other management entity identified in the
condominium or planned community's declaration. The common areas related to the operation and
maintenance of the stormwater management system have been conveyed to the unit owners
association or owners association in accordance with the declaration. I have provided a copy'" of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWQ stormwater
inspection report evidencing compliance to the proposed permittee named in Section III of this form.
I further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or if all required
supporting information and attachments listed above are not included, this request package will be
SSW HOA N/O Change Rev24Sept2012 Page 2 of 3
4
returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWQ unless and until the f�ciliis in compliance with the permit.
Signature:
I, �i onno a. Pardue. , a Notary Public for the State of
Norkh CoLroline, , County of P xe ) tia..nuel do hereby certify that
t A i lllarn NA • Cavne�6+1 personally appeared before me this the
I tday of —Z "Ye_ , 20�G_,
forgoing,instrument. fitness my hand and official seal,
�ryg� . �Gt/Ltllci
Notary SignatUre
and acknowledge the due execution of the
\\��� Atarp��l)
� QOi
NOTARy
PUBLIC
f'UBIIC
4i11ER1 CO�N`�\��
" It is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and the processing fee (if required), should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWO Regional Office Contact Information:
Asheville Office ......
(828) 296-4500
Fayetteville Office ...
(910) 433-3300
Mooresville Office ...
(704) 663-1699
Raleigh Office ........
(919) 791-4200
Washington Office ...(252)
946-6481
Wilmington Office ...
(910) 796-7215
Winston-Salem ......
(336) 771-5000
Central Office .........(919)
807-6300
ECEIVE
JUN 18 2015
BY:
SSW HOA N/O Change Rev24Sept2012 Page 3 of 3
��
ra�
:,
����
C4
I� �tl.11�11611�W1Wllli FBB BEGI6iR6TiGN REG I6TER BF DEEM
IYIWWI tlu i��n1 n''ul TMNY TMEUSGI BEP ET
NEY IYYIOVFF CdWTY NC
2013014740 2013 W 25 12 15 10 R
BK 5731 PG:67-87 FEE W 00
NUM M 1211NIIIA9
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
LANTANA CROSSING
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE
FLAG OF THE UNITED STATES OF AMERICA AND/OR THE STATE OF
NORTH CAROLINA. (BUT SEE ARTICLE VI SECTION 3(J) WHICH
PERMITS ALL OWNERS TO DISPLAY AN AMERICAN AND/OR NORTH
CAROLINA FLAG 4'X6' OF SMALLER)
Prepared By: Morgan & Carter, PLLC
602 Market Street
Wilmington, NC 28401
ECEIVEFJ
JUN 18 2015
BY"
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER FOR LANTANA CROSSING
This Declaration, made the _ day of April, 2013 by WFDC, LLC, a North
Carolina limited liability company, hereinafter referred to as *Declarant' or "Developer"
for the purposes hereinafter stated,
WITNESSETH:
Whereas, Declarant is the owner of certain real property in New Hanover
County, North Carolina, known as LANTANA CROSSING PHASE ONE, which is shown
on a plat (the "Plat") recorded in the Office of the Register of Deeds of New Hanover
County, North Carolina, In Map Book 57, Page 390, to which reference is made for a
more particular description (the "Property"), EXCEPTING. HOWEVER, from the
definition of Property hereunder those certain areas designated as '50'Access
Easement' and'30' Drainage EasemenP located adjacent to Lot 5, Lantana Crossing
Phase One, as shown and depicted on said plat
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set
forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the
following easements, restrictions, covenants, and conditions.
ARTICLE I
DEFINITIONS
In addition to other terms defined herein, the following capitalized terns shall
have the following meanings as used herein,
SECTION 1. Additional ProoeM shall mean and refer to any lands, in addition
to the above described Property, which are located within one (1) mile of the Property
and which are annexed to and made a part of the Planned Community in accordance
with this Declaration, whether such lands are now owned or hereafter acquired by
Declarant or others, and whether developed by Declarant or others
SECTION 2. Allocated Interest shall mean the Common Expense Liability and
votes in the Association allocated to each Lot as is more specifically set forth in this
Declaration The Allocated Interest for the Common Expense Liability need not be the
same as the Allocated Interest for voting purposes The votes allocated to each Lot are
set forth in Article III herein and the Common Expense Liability allocation for each Lot Is
set forth in Article IV herein The definition of Allocated Interest as set forth in N C G S
§47F-1 -1 03(f) shall not apply to this Planned Community.
SECTION 3. Association shall mean and refer to Lantana Crossing HOA, Inc, a
North Carolina non-profit corporation, its successors and assigns, the owners
association organized pursuant to the Act for the purposes set forth herein.
SECTION 4 B rl er shall mean a Person purchasing a vacant lot for the
purpose of constructing a home for sale to a third party and not for use by such Person
or any principal, director, shareholder, officer, member, manager, or partner of such
Builder or a family member of any principal, director, shareholder, officer, member,
manager, or partner of such Builder.
SECTION 5. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned, enjoyed,
maintained or leased by the Association, other than a Lot, and intended for the
common use and enjoyment of the Owners, and all facilities located thereon, including,
without limitation, stormwater retention ponds and stormwater runoff system, drainage
easements, sign easement areas, or private roads within the Planned Community
Common Elements shall also include any areas designated on any plats for the
Planned Community as "Open Space', "Common Area", "Common Element",
"Recreation Area", "Amenity Area", "Conservation Area(s)", "Park" or'Park Area', or
other designation, whether owned by the Association, the Declarant, or any other
Person
SECTION 6. Common Expenses means expenditures made by, or financial
liabilities of, the Association together with any allocations to reserves
SECTION 7. Common Expense LiabrlrN means the liability for Common
Expenses allocated to each Lot as pemutted by the Act, this Declaration or otherwise
SECTION 8. Declarent shall be used interchangeably with Developer and shall
mean and refer to WFDC, LLC, its successors, and its assign(s), if such assign(s)
acquire a Special Declarant Right in accordance with N.C.G.S §47F-3-104
SECTION 9 Declarant Control Period shall have the meaning set forth in Article
III hereof.
SECTION 10 Declaration shall mean this instrument as it maybe from time to
time amended or supplemented
SECTION 11 Executive Board or Board shall mean the Board of Directors of
the Association, who shall be the body designated in this Declaration to act on behalf of
the Association
SECTION 12 Limited Common Elements shall mean the real property, areas
and facilities which are Intended for the exclusive use of one or more, but less than all
of the Lots as shown and designated on any maps of sections of the Planned
Community which are or may be recorded in the New Hanover County Registry or
which may be annexed to this Declaration by any amendment annexing Additional
Property and all facilities located thereon.
SECTION 13. Limited Common Expenses shall mean actual and estimated
expenses of maintaining, operating, repairing, and replacing the Limited Common
Elements, including insurance, reasonable reserves and utilities as may be found
necessary and appropriate by the Executive Board for the benefit of the Limited
Common Elements
SECTION 14. Lotfsl shall mean and refer to any numbered lot shown on the
Plat, and any numbered lot that may be shown on any plats of any part of the Additional
Property that may be hereafter recorded in the office of the Register of Deeds of New
Hanover County. The Lot(s) are the portions of the Planned Community designated for
separate ownership by a Lot Owner or Lot Owners
SECTION 15. Lot Owner or Owner shall mean the Declarant or other Person
who awns a fee simple title to any Lot, or who owns fee simple title to an undivided
interest in a Lot, including contract sellers, but excluding those having such Interest
merely as security for the performance of an obligation
SECTION 16 Master Association means a master association as defined in the
F,LTqJ
SECTION 17. Person means a natural person, a business or nonprofit
corporation, limited liability company, trustee(s) of a business trust, trustee(s) of
charitable or nonchantable trust, limited or general partnership, joint venture,
government, governmental subdivision, governmental agency, or other legal entity
SECTION 18. Planned Communty shall mean and refer to the Property plus
any Additional Property made a part of the Planned Community by the annexation In
accordance with this Declaration
SECTION 19. Purchaser means any Person, other than the Declarant or a
Person in the business of selling real estate for the purchaser's own account, who by
means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than
(i) a leasehold interest (including renewal options) of less than 20 years, or (i) as
security for an obligation
SECTION 20. Reasonable Attomevs' Fees means attomeys' fees reasonably
Incurred without regard to any limitations on attomeys' fees which otherwise may be
Imposed bylaw
SECTION 21 Special Declarant Rights means any and all rights, powers, and
privileges reserved for the benefit of the Declarant in this Declaration, including, but not
limited to, (i) the right to complete improvements Intended or planned by Developer for
the Property or Additional Property; (li) the right to exercise any development or other
right reserved to the Declarant by this Declaration or otherwise; (w) the right to maintain
within the Planned Community sales offices, management offices, construction
offioesttrailers, signs advertising the Planned Community, and models; (iv) the right to
use the Common Elements for the purpose of making Improvements within the Planned
Community; (v) the right to make the Planned Community part of a larger planned
community or group of planned communities; (vi) the right to make the Planned
Community subject to a Master Association; (vii) the right to appoint or remove any
officer or Executive Board member of the Association or any Master Association during
the Decarant Control Period (viii) the right to permit or cause other land to be annexed
to the Planned Community in accordance with this Declaration, and (ix) the rights
reserved to the Declarant in Article V of this Declaration.
SECTION 22. Stormwater Permit shall mean State Stormwater Permit Number
SW8 120911 issued by the North Carolina Division of Water Quality ('DWQ'),
Department of Environment and Natural Resources ('DENW)
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1 Owners' Property Rights and Easement of EnjovmenL Every
Owner shall have and is hereby granted a right and easement of enjoyment in and to
the Common Elements, if any, which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners,
(b) The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public
agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by the Owners of at least eighty percent (80%) of the Lots, excluding the
Developer, provided, however, that the Association may without the consent of the
Owners grant easements, leases, licenses and concessions through or over the
Common Elements No conveyance or encumbrance of Common Elements shall
deprive any Lot of its rights of access or support
SECTION 2. Easements in Favor of Declarant and the Association T he
following easements are reserved to Declarant and the Association, their agents,
contractors, employees, successors and assigns.
(a) Easements as necessary in the lands constituting the Common Elements
and the rear and front ten feet of each Lot and side five feet of each Lot for the
installation and maintenance of utilities and drainage facilities (including the night to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone Imes, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment,
gas, sewer, water or other public conveniences or utilities on, in or over each Lot and
such other areas as are shown on the plat of the Property or any Additional Property
recorded or to be recorded in the office of the Register of Deeds of New Hanover
County, the right to cut drain ways, swales and ditches for surface water whenever such
action may appear to the Developer or the Association to be necessary in order to
maintain reasonable standards of health, safety and appearance, the right to cut any
trees, bushes or shrubbery; the right to make any grading of the soil, or to take any
other similar action reasonably necessary to provide economical and safe utility
installation and to maintain reasonable standards of health, safety and appearance )
No structures or plantings or other material shall be placed or permitted to remain upon
such easement areas or other activities undertaken thereon which may damage or
interfere with the installation or maintenance of utilities or other services, or which may
retard, obstruct or reverse the flow of water or which may damage or Interfere with
established slope ratios or create erosion These easement areas (whether or not
shown on the recorded plats for the Planned Community) but not the improvements
within such areas shall be maintained by the respective Owner except those for which a
public authority or utility company is responsible
(b) The right to locate wells, pumping stations, and tanks within residential
areas, or upon any Lot with the permission of the Owner of such Lot
(c) Easements over, under, and across all streets, access easements, and
Common Elements within the Planned Community as necessary to provide access,
ingress and egress to and from any Additional Property, and for the installation of
utilities for any Additional Property
(d) Easements shown and depicted on any recorded map or plat and which
affect any Lot or Limited Common Element or which serve the Planned Community or
are necessary for the development of the Planned Community.
(e) An easement of unobstructed access over, on, upon, through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limited Common Elements
required by this Declaration
SECTION 3 Other Easements. The following additional easements are granted
by Declarant.
(a) an easement to all police, fire protection, ambulance and all similar persons,
companies or agencies performing emergency services, to enter upon all Lots and
Common Elements in the performance of their duties
(b) in case of any emergency originating in or threatening any Lot or Common
Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other Person authorized by it, shall have the
Immediate right to enter any Lot for the purpose of remedying or abating the causes of
such emergency and making any other necessary repairs not performed by the Lot
Owners.
(c) the Association is granted an easement over each Lot for the purposes of
performing Lot maintenance and upkeep when an Owner falls to provide maintenance
and upkeep In accordance with this Declaration.
SECTION 4 Nature of Easements All easements and rights described herein
are perpetual easements appurtenant, running with the land, and shall inure to the
benefit of and be binding on the Declarant and the Association, their successors and
assigns, and any Owner, Purchaser, mortgagee and other person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust
deed or other evidence of obligation, to the easements and rights described in this
Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association The Association was formed on March
19, 2013 The Association is a North Carolina nonprofit corporation organized pursuant
to the North Carolina Nonprofit Corporation Act for the purpose of establishing an
association for the Owners of Lots to operate and maintain the Common Elements and
facilities located on the Common Elements and any Limited Common Elements and
facilities located on the Limited Common elements, the stornwater runoff system, sign
easement areas and other property and facilities maintained by the Association, to
enforce covenants, conditions and restrictions of this Declaration; and to make and
enforce rules and regulations governing the Owners' use and occupation of Lots. The
Association shall perform its functions in accordance with this Declaration, its Articles of
Incorporation and Bylaws The Association shall be empowered to perform and/or
exercise those powers set forth in the Act as 9 may be amended from time to time, in
addition to any powers and authority otherwise granted to it
SECTION 2 Membership. Every Owner shall be a Member of the Association
Membership shall be appurtenant to and may not be separated from fee simple
ownership of a Lot or fee simple ownership of an undivided interest in a Lot
SECTION 3 Voting Riohts The Association shall have two classes of voting
Membership
Class A Class A Members shall be all Owners, with the exception
of the Declarant, and shall be entitled to one vote for each Lot owned
When more than one Person holds an interest in any Lot, all such
Persons shall be Members. The vote for such Lot shall be exercised as
they determine, but in no event shall more than one vote be cast with
respect to any Lot Fractional voting with respect to any Lot is prohibited
Class B The Declarant shall be a Class B Member and shall be
entitled to three (3) votes for each Lot owned and for each planned but
currently unplatted Lot to be in the Planned Community. The total number
of planned Lots for the Planned Community is currently 63, provided
however, that the actual number of Lots may be more or less, and the
Class B member makes no representation whatsoever regarding the
actual number of Lots to be included in the Planned Community The
Class B Membership shall cease and be converted to Class A
Membership on the happening of any of the following events, whichever
occurs earlier
(a) when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership (taking into
account all Lot(s), including Lots(sl shown on the Plat. and Lot(s) added
to the Planned Community through the annexation of additional land as
provided in this Declaration,
(b) on December 31, 2032, or
(c) upon the voluntary surrender of all Class B Membership by the
holder thereof.
SECTION 4. Declarant Control Period
(a) The Declarant Control Period shall commence on the date this Declaration is
executed, and shall end (i) when three -fourths (3/4ths) of the Lots are no longer owned
by the Declarant (taking into account all Lot(s), including Lots(s) shown on the Plat, and
Lot(s) added or which are planned to be added to the Planned Community through the
annexation of additional land as provided in this Declaration), (it) December 31, 2032,
or (Ili) the Declarant executes a written document stating the Declarant Control Period
under this Declaration has ended, whichever occurs first
(b) During the Declarant Control Period, the Declarant shall have the nght to
designate and appoint the Executive Board, the right to remove any Person or Persons
designated and appointed by the Declarant to serve on the Executive Board, and the
right to designate and appoint a Person or Persons to serve on the Executive Board for
the remainder of the term of any Person serving on the Executive Board who may
resign, die, or be removed by the Declarant.
SECTION 5 Government Permits After completion of construction of any
facilities required to be constructed by Declarant pursuant to permits, agreements and
easements for the Planned Community, all duties, obligations, rights and privileges of
the Declarant under any water, sewer, land use, stormwater and utility agreements,
easements and permits for the Planned Community with municipal or governmental
agencies or public or private utility companies, shall be the duties, rights, obligations,
privileges and the responsibility of the Association, notwithstanding that such
agreements, easements or permits have not been assigned or the responsibilities
thereunder specifically assumed by the Association. Declarant reserves the right to
assign any such permits, easements, or agreements to the Association, in which case
the Association shall be required to assume the same There are additional provisions
made in this Declaration concerning stomhwater facilities and the Stor mwater Permit
SECTION 6. Common Elements The Association shall at its sole cost and
expense be responsible for the operation and maintenance of each Common Element
within the Planned Community from the date of completion of its construction or
improvement by the Developer, whether or not (r) such Common Element has actually
been deeded to the Association, or (it) any permit issued by a governmental agency to
Declarant for the construction and operation of the Common Element has been
transferred from the Declarant to the Association or assumed by the Association If the
Declarant is required by any governmentagency to provide any operation or
maintenance activities to a Common Element for which the Association is liable to
perform such operation and maintenance pursuant to this section, then the Association
agrees to reimburse the Declarant the cost of such operation and maintenance within
30 days after Declarant renders a bill to the Association therefor The Association
agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the
amount thereof if it does not have other sufficient funds available Declarant shall be
entitled to specific performance to require the Association to levy and collect such
Special Assessment
SECTION 7 Insurance. The Execubve Board on behalf of the Association, as a
Common Expense, may at all times keep the Common Elements and other assets of
the Association, rf any, insured against loss or damage by fire or other hazards and
such other risks, including public liability insurance, upon such terms and for such
amounts as may be reasonably necessary from time to time to protect such property,
which insurance shall be payable in case of loss to the Association for all Members.
The Association shall have the sole authority to deal with the insurer in the settlement
of claims. In no event shall the insurance coverage obtained by the Association be
brought into contribution with insurance purchased by Members or their mortgagees At
a minimum, the Executive Board shall maintain the insurance coverages required by
the Act
SECTION 8. Architectural Control Committee. The Executive Board shall
perform all duties of the Architectural Control Committee if no such committee is
appointed by it, subject, however, to the Special Declarant Rights Any Architectural
Control Committee appointed by the Executive Board shall consist of at least 3
members
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
Each Lot Owner covenants and agrees to pay to the Association the following
assessments (collectively the 'Assessments" or "Assessment) -
(a) Annual Assessments,
(b) Special Assessments;
(c) Insurance Assessments;
(d) Ad Valorem Tax Assessments;
(e) Working Capital Assessments, and
(f) Individual Assessments
The Assessments, together with interest, casts and Reasonable Attorneys' Fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the Assessments are made Each such Assessment, together with
Interest, costs and Reasonable Attorneys' Fees, shall also be the personal obligation of
the Person who was the Owner of such Lot at the time when the Assessment fell due
The personal obligation for delinquent Assessments shall not pass to the Owner's
successors in title unless expressly assumed by them.
SECTION 2. Puroose of Annual Assessments. The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation, health, safety
and welfare of the Owners and residents of the Planned Community and for the
maintenance, repair, improvement and replacement of the Common Elements and any
Limited Common Elements The funds arising from said assessments or charges, may
be used for any or all of the following purposes: operation, maintenance and
improvement of the Common Elements and any Limited Common Elements, including
payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal
and accounting fees and governmental charges, establishing and funding reserve
accounts, establishing working capital, paying dues and assessments to any
organization or Master Association or other association of which the Association is a
member, and in addition, doing any other things necessary or desirable as determined
by the Executive Board to keep the Common Elements and Limited Common Elements
in good operating order and repair
SECTION 3 Annual Assessments The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year of the
Association. Within 30 days after adoption of the proposed budget for the Planned
Community, the Executive Board shall provide to all of the Lot Owners a summary of
the budget and notice of a meeting to consider its ratification, including a statement that
the budget may be ratified without a quorum The budget is ratted unless at the
meeting a majority of all of the Lot Owners in the Association rejects the budget In the
event the proposed budget is rejected, the periodic budget last ratified by the Lot
Owners shall be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board The Annual Assessment for each Lot shall be
established based on the annual budget thus adopted, provided, however, that the first
Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot
to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall
become due and payable shall be established by the Executive Board. The Executive
Board shall have the authority to require the Assessments to be paid in periodic
installments. The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the
Assessments on a specified Lot have been paid
SECTION 4 Special Assessments In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes.
(a) To defray, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any
Limited Common Elements, including fixtures and personal property related thereto,
provided that any such Special Assessment shall have the assent of two-thirds (213) of
the Members of each Gass who are voting in person or by proxy at a meeting duly
called for this purpose Written notice of any meeting of Owners called for the purpose
of approving such Special Assessment shall be sent to all Members not less than ten
(10) days or more than sixty (60) days in advance of the meeting
(b) Without a vote of the Members, to provide funds to reimburse the
Declarant as provided for in Article III, Section 5, hereof.
SECTION 5 Insurance Assessments All premiums on insurance policies
purchased by the Executive Board or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense, and the Association may at any
time levy against the Owners equally an "Insurance Assessment", in addition to the
Annual Assessments, which shall be in an amount sufficient to pay the cost of all such
deductibles and insurance premiums not included as a component of the Annual
Assessment
SECTION 6. Ad Valorem Tax Assessments All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may at
any time of year levy against the Owners equally an "Ad Valorem Tax Assessmenf, in
addition to the Annual Assessments, which shall be in an amount sufficient to pay ad
valorem taxes not included as a component of the Annual Assessment
SECTION 7 Working Capital Assessments. Upon acquisition of record title to a
Lot by the first Owner other than the Declarant or a Builder, such first Owner shall pay
the sum of $200.00 to the Association as working capital to be used for operating and
capital expenses of the Association. Such amounts paid for working capital are not to
be considered as advance payment of the Annual or any other Assessments
SECTION 8 Individual Assessments In addition to the other Assessments set
forth in this Article IV, the Executive Board may levy an Individual Assessment against
specific Lot(s) for the following purposes:
(a) For the payment of Limited Common Expenses associated with the
maintenance, repair, or replacement of a Limited Common element against the Lot or
Lots to which the Limited Common Element is assigned.
(b) For the payment of any Common Expenses which are designated to
benefit specific Lot(s).
(c) For the payment of those amounts levied against any Lot owned by an
Owner under Article Vlll, Sections 2(a) and (b) and Article VI, Section 4
SECTION 9. Rate of Assessment All Assessments except Individual
Assessments shall be levied at a uniform rate against all Lots
SECTION 10. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant. The
Declarant shall not be required to pay Assessments
SECTION 11 Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable by law
or at any other interest rate adopted by the Executive Board. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose
the lien against the Owner's Lot. The Association may collect Reasonable Attorneys'
Fees from any Owner for attorneys fees incurred by the Association as a result of any
Owner's failure to timely pay any Assessment or installment thereof No Owner may
waive or otherwise escape liability for the Assessments provided for herein by non-use
of the Common Elements or abandonment of his Lot. All unpaid installment payments
of Assessments shall become immediately due and payable If an Owner fails to pay
any Installment within the time permitted The Association may also establish and
collect late fees for delinquent installments
SECTION 12 Lien for Assessments. The Association may file a lien against a
Lot when any Assessment levied against said Lot remains unpaid for a period of 30
days or longer.
(a) The lien shall constitute a hen against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the
General Statutes. Fees, charges, late charges, fines, Interest, and other charges
imposed pursuant to Sections 47F-3-102,47F-3-107,47F31071 and 47F-3-115 of the
Act are enforceable as Assessments.
(b) The hen under this section shall be prior to all liens and encumbrances on
a Lot except (i) liens and encumbrances (specrficaily including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien
in the office of the Clerk of Superior Court, and (u) hens for real estate taxes and other
governmental assessments and charges against the Lot
(c) The hen for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three years after the docketing of the claim of lien
in the office of the clerk of Superior Court
(d) Any judgment, decree, or order in any action brought under this section
shall Include costs and Reasonable Attorneys' Fees for the prevailing party
(a) Where the holder of a first mortgage or deed of trust of record, or other
Purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such Purchaser and its heirs, successors and assigns shall not be
liable for the Assessments against the Lot which became due prior to the acquisition of
title to the Lot by such Purchaser The unpaid Assessments shall be deemed to be
Common Expenses collectible from ail of the Lot Owners including such Pur chaser, its
heirs, successors and assigns
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the Gen claimed.
ARTICLE V
RIGHTS OF DEVELOPER
In addition to any and all other rights, powers and privileges reserved to the
.Declarant in this Declaration, the Declarant shall have, and there are hereby reserved
to the Declarant, as part of the Special Declarant Rights defined in Section 21, Article I
of this Declaration, the following rights, powers and privileges
SECTION 1. The Architectural Control Commatee/Executive Board. All duties
and responsibilities conferred upon the Architectural Control Committee by this
Declaration or the Bylaws of the Association shall be exercised and performed by the
Declarant or its designee, so long as Declarant shall own any Lot within the Property,
any Additional Property, or the Planned Community. The Declarant shall be entitled
during the Decarant Control Period to appoint and remove the officers of the
Association and members of the Executive Board.
SECTION 2. Plan of Planned Communitv The right to change, after or
redesignate the allocated planned, platted, or recorded use or designation of any of the
lands constituting the Planned Community including, but not limited to, the right to
change, after or re -designate road, utility and drainage facilities and easements and to
change, after or re -designate such other present and proposed amenities, Common
Elements, or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable The rights reserved in this Section specifically include, but are
not limited to, the right of the Declarant to redesignate, change or after any platted
Lot(s) into road(s) The Declarant hereby expressly reserves unto itself, its successors
and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any
subdivision of the Property or Additional Property in order to create one or more
modified Lots, to further subdivide tracts or Lots shown on any such subdivision plat
into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to
create a larger tract or Lot (any Lot resulting from such recombination shall be treated
as one Lot for purposes of Assessments), to eliminate from this Declaration or any plats
of the Planned Community Lots that are not otherwise buildable or are needed or
desired by Declarant for access or are needed or desired by Declarant for use as public
or private roads or access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, Common Elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a building site,
access area, roadway or Common Elements. The Declarant need not develop, or
develop in any particular manner, any lands now owned or hereafter acquired by the
Declarant, including any lands shown on plats of the Planned Community as "Future
Development" Any such lands shall not be subject to this Declaration unless Declarant
expressly subjects them hereto by filing of a supplemental declaration in the Register of
Deeds office of the county where the Planned Community is located Declarant is
required by DWQ to state herein the maximum allowed built -upon area for all lots which
Declarant has planned to develop within the Planned Community By listing the
maximum built -upon area herein for all such lots, Declarant does not obligate itself to
develop in any particular manner or for any particular uses any lands now owned or
hereinafter acquired by Declarant which are not shown as Lots on the recorded Plat, or
which are not shown as Lots on any subsequently recorded plats showing Lots that are
made part of the Planned Community
SECTION 3 Amendment of Declaration by the Declarant. This Declaration may
be amended by the Declarant without approval of the Members or the Board of the
Association, as the case may be, as follows:
10
(a) In any respect, prior to the sale of the first Lot
(b) To the extent this Declaration applies to Additional Property.
(c) To correct any obvious error or inconsistency in drafting, typing or
reproduction
(d) To quality the Association or the Property and Additional Property, or any
portion thereof, for tax-exempt status
(e) To Incorporate or reflect any platting change as permitted by this Article or
otherwise permitted under this Declaration
(f) To accomplish the purposes of Article V, Section 2 above
(g) To conform, by amendment or otherwise, this Declaration to the
requirements of any law or governmental agency having legal jurisdiction over the
Property or any Additional Property or to qualify the Property or any Additional Property
or any Lots and improvements thereon for mortgage or Improvement loans made.
Insured or guaranteed by a governmental agency or to comply with the requirements of
law or regulations of any corporation or agency belonging to, sponsored by, or under
the substantial control of the United States Government or the State of North Carolina,
regarding purchase or sale of such Lots and improvements, or mortgage interests
therein, as well as any other law or regulation relating to the control of property,
including, without limitation, ecological controls, construction standards, aesthetics, and
matters affecting the public health, safety and general welfare A letter from an official
of any such corporation or agency, including, without limitation, the Department of
Veterans Affairs, U S. Department of Housing and Urban Development, the Federal
Home Loan Mortgage Corporaton, Government National Mortgage Corporation, or the
Federal National Mortgage Association, requesting or suggesting an amendment
necessary to comply with the requirements of such corporation or agency shall be
sufficient evidence of the approval of such corporation or agency, provided that the
changes made substantially conform to such request or suggestion. The Declarant may
at any time amend this Declaration to change the maximum allowable built -upon area
as permitted by DENR Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control Period, shall be entitled to amend this
Declaration pursuant to this Section
SECTION 4 Annexation of Additional Property. Declarant may annex to and
make a part of the Planned Community any Additional Property without the consent of
the Association or any Lot Owners. Except for the annexation of Additional Property by
the Declarant, the annexation of Additional Property to the Planned Community shall
require the assent of the Owners of Lots to which at least sixty-seven percent (67%) of
the votes of the Class A Members who are voting in person or by proxy at a meeting
called for this purpose are allocated, provided, however, Additional Property may be
annexed to the Planned Community by the Declarant or any assignee of Special
Declarant Rights without the assent of the Owners of Lots so long as the Additional
Property is used for residential purposes, roads, utilities, drainage facilities, amenities,
landscape areas, and other facilities not Inconsistent with residential developments
Subdivisions or Planned Communities formed from Additional Property need not have
the same name as prior portions of the Planned Community
11
ARTICLE VI
USE RESTRICTIONS ARCHITECTURAL CONTROL AND MAINTENANCE
SECTION 1 Avoroval of Plans for Building and Site Imorovements No dwelling,
wall or other structure shall be commenced, erected, or maintained upon any Lot, nor
shall any exterior addition to or change in or alteration therein (including painting or
repainting of exterior surfaces) be made until the plans and specfications showing the
nature, kind, shape, heights, materials, colors and location of the same shall have been
submitted to and approved in writing as to harmony of external design and location in
relation to surrounding structures and topography by the Architectural Control
Committee If the Architectural Control Committee fads to approve or disapprove such
design and location within thirty (30) days after said plans and specifications have been
submitted to it, approval will not be required and full compliance with this Article will be
deemed to have occurred . Refusal or approval of any such plans, location or
specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the
Architectural Control Committee shall be deemed sufficient. One copy of all plans and
related data shall be furnished to the Architectural Control Committee for Its records
The Architectural Control 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
SECTION 2 Minimum Standards for Site Improvements
(a) Each dwelling shall have a minimum of one thousand eight hundred
(1,800) square feet of enclosed, heated dwelling area; provided, however, the
Architectural Control Committee may permit a dwelling to have a minimum of one
thousand four hundred (1,400) square feet tithe Committee in its sole discretion finds
that the variance will not adversely impact property values within the Planned
Community. The term *enclosed, heated dwelling area' shall mean the total enclosed
area within a dwelling which is heated by a common heating system; provided,
however, that such term does not include garages, terraces, decks, open/screened
porches, and like areas.
(b) Since the establishment of inflexible building setback Imes for location of
houses on Lots tends to force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be
established by this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling
or other stricture upon any Lot shall be controlled by and must be approved absolutely
by the Architectural Control Committee, provided, however, that no structure shall be
constructed closer to a Lot line than is permitted by applicable governmental
regulations.
(c) The exterior of all dwellings and other structures must be completed within
twelve (12) months after the construction of same shall have commenced, except
where such completion is impossible or would result in great hardship to the Owner or
builder, due to strikes, fires, national emergency, natural calamities, or the complexity of
design and construction
(d) All service utilities, fuel tanks, and wood piles are to be enclosed within a
wall or plant screen of a type and size approved by the Architectural Control Committee
so as to preclude the same from causing an unsightly view from any highway, street or
way within the Planned Community, or from any other residence within the Planned
Community. All mail and newspaper boxes shall be uniform in design Design of mail
and newspaper boxes shall be furnished by the Developer, Association, or Architectural
Control Committee No fences shall be permitted unless the design, placement, and
12
materials of any fence are approved by the Architectural Control Committee
Clotheslines are not permitted on any Lot.
(a) Off-street parking for not less than two (2) passenger automobiles must
be provided on each Lot prior to the occupancy of any dwelling constricted on said Lot,
which parking areas and the driveways thereto shall be constructed of concrete, brick,
asphalt, or turf stone, or any other material approved by the Architectural Control
Committee
(f) All light bulbs or other lights installed in any fixture located on the exterior
of any building or any Lot for the purpose of illumination shall be clear, white or
non -frosted lights or bulbs
SECTION 3 Use Restrictions
(a) Land Use And Building Type No Lot shall be used for any purpose except
for residential purposes, subject, however, to the rights of the Declarant contained
herein. All Lots are restricted for construction of one single family dwelling (plus, a
detached garage, if there is not one attached to the residence, and such other
accessory buildings as may be approved by the Architectural Control Committee)
(b) Nuisances. No noxious or offensive activity shall be camed on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal actrobes or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof It shall be the responsibility of each
Owner to prevent the development of any unclean, unsightly or unkept condition of
buildings or grounds on the Owners Lot which would tend to decrease the beauty of the
neighborhood as a whole or the specific area
(c) Temporary Structures. No structure of a temporary character, trader,
basement, tent, shack, garage, shed, bam or other outbuilding shall be used on any Lot
any time as a residence either temporarily or permanently without the written consent of
the Architectural Control Committee.
(d) Vehicles/Boats No boat, motor boat, personal water craft, camper, trailer,
motor or mobile homes, tractorttrailer, construction equipment or similar type
vehicle/equipment, shall be permitted to remain on any Lot or on any street at any bme,
without the written consent of the Executive Board. No inoperable vehicle or vehicle
without current registration and insurance will be permitted on any Lot, street or
Common Element All lawn maintenance equipment shall be stored when not in use, in
a method so as not to be visible from the street The Association shall have the right to
have all such vehicles, boats, or equipment towed away or removed at the Owners
expense No repairs to any vehicle may be made on streets or in driveways but only in
garages or other areas and not visible from the street
(e) Animals No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that domesticated dogs, domesticated
cats or other household pets may be kept or maintained provided that they are not kept
or maintained for commercial purposes and provided further that they are not allowed to
run free, are at all times kept property leashed or under the control of their owner and
do not become a nuisance
(f) TV Satellite Dishes and Outside Antennas No TV satellite signal receiving
dishes are permitted on any Lot and no outside radio or television antennas shall be
erected on any Lot or dwelling unit unless and until permission for the same has been
granted by the Architectural Control Committee; provided, however, satellite dishes not
over 18" in diameter which cannot be seen from the street are permitted.
13
(g) Construction in Common Elements No Person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Executive Board
(h) Signs. No signs (including "for sale" or "for rent signs), other than political
signs (as defined in N.0 G S.§47F-3-121), shall be permitted on any Lot or in the
Common Elements without permission of the Executive Board, provided, however, the
Declarant may, so long as Declarant owns any Lot, maintain for sale signs on
Declarant's Lots and maintain signs on the Common Elements advertising the Planned
Community.
(i) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written consent
of the Declarant during the Declarant Control Period and thereafter by the Executive
Board.
p) Flags/Statuary No flags, outdoor statuary or other decorative objects may
be placed on any Lot unless and until permission for the same has been granted by the
Architectural Control Committee Notwithstanding any other provision In this
Section, either the American Flag or the North Carolina flag having the maximum
dimensions of four feet by six feet (4'x6') may be flown on a pole no longer than 5
feet 6 Inches from a pole holder attached to the home In an approved location
which can be reached by hand from the ground below so as to be easily Installed
and removed. No flagpoles shall be installed in any other locations on any Lot.
Flags will be displayed in accordance with traditional rules and patnotic customs set
forth in 4 U.S.C. §§5-10, as amended, governing the display and use of the American
Flag. The Association may display the American Flag or the North Carolina flag from
flagpoles or otherwise on any Common Element
SECTION 4. Maintenance Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects All structures shall be kept
neat and in good condition and repair All shrubs, trees, grass and plantings shall be
kept neatly trimmed and properly cultivated. In the event that any maintenance activities
are necessitated to any Common or Limited Common Element by the willful act or
active or passive negligence of any Owner, his family, guests, invitees or tenants, and
the cost of such maintenance, repair or other activity is not fully covered by insurance,
then, at the sole discretion of the Executive Board, the cost of the same shall be the
personal obligation of the Owner and d not paid to the Association upon demand, may
be added to and become an Individual Assessment levied against said Owner's Lot
ARTICLE VII
SECTION 1 Stormwater Permit The Association and each of its Members
agree that at any time after (i) all work required under the Storinwater Permit has been
completed (other than operation and maintenance activities), and (H) the Developer is
not prohibited under DENR regulations from transfemng the Stormwater Permit for the
Planned Community to the Association, the Association will cause its officers, without
any vote or approval of Lot Owners, and within 10 days after being requested to do so,
to sign all documents required by DENR for the Stormwater Permit to be transferred to
the Association and will accept a deed conveying such facilities to the Association (if
not already deeded); provided, however, that at the time the Developer requests that
the Association accept transfer of the Stormwater Permit, the Developer has delivered
to the Association a certificate from an engineer licensed in the State of North Carolina,
dated no more than forty-five (45) days before the date of the request, that all
stormwater retention ponds, swales and related facilities are constructed in accordance
with the plans and specifications therefor If the Association fails to cause the
14
documents required by this paragraph to be signed by its officers or to accept a deed
conveying such facilities, the Developer shall be entitled to specific performance in the
courts of North Carolina requiring that the Association's officers sign all documents
necessary for the Stormwater Permit to be transferred to the Association and accept a
deed conveying such facilities to the Association. Failure of the Association's officers to
sign as provided herein shall not relieve the Association of Its obligations to operate and
maintain the stormwater facilities covered by the Stormwater Permit.
SECTION 2 Stormwater Faclibes Operation and Maintenance Any stormwater
retention ponds and related facddmes for the Planned Community which have or are to
be constructed by or on behalf of Declarant constitute Common Elements and, subject
only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and
expense, is responsible for the operation and maintenance of such facilities. Such
operation and maintenance shall include, but not be limited to, compliance with all of
the terms and obtaining any renewals of the Stormwater Permit. Except as provided in
Section 3 of this Article VII, the Association shall indemnify and hold harmless the
Developer from any obligations and costs under the Stormwater Permit for operation
and maintenance of the stormwater retention ponds and related facilities.
SECTION 3. Damage to Stormwater Facilities The Declarant shall, at its sole
cost and expense, be responsible for repairing any damage to stormwater facilities
caused by the Developer's development activities The Developer shall not be
responsible for damages to stormwater retention ponds and related facilities caused by
any other cause whatsoever, including but not limited to construction of residences or
other activities by Owners, their agents and contractors, upon their Lots, acts of God, or
the negligence of others Lot Owners shall be responsible for damages to such
stormwater facilities caused by construchon of buildings or other activities upon the
Owner's Lot. Each Owner, shall within thirty (30) days after receipt of notice of damage
to stormwater facilities, repair the damage at the Owner's sole cost and expense to
return them to the state required by the stormwater plans and specifications for the
Planned Community. If the Lot Owner fails to do so within said thirty (30) day period,
the Association shall perform the work and the cost of the work shall be added to the
Annual Assessment due from the Lot Owner or assessed against such Owner and his
Lot as an Individual Assessment
SECTION 4. Enforcement Of Stormwater Runoff Regulations
(a) The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 120911, as issued by the North
Carolina Division of Water Quality under the Stommwater Management Regulations
(b) The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the storrnvater management permit
(c) These covenants are to run with the land and be binding on all Persons
and parties claiming under them
(d) The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water
Quality
(a) Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the Division of Water Quality.
(f) The maximum allowable built -upon area per Lot is 3500 square feet. This
allotted amount includes any built -upon area constructed within the Lot property
boundaries, and that portion of the right-of-way between the front Lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
15
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools
_ (g) All runoff from the built -upon areas on the Lot must dram into the
permitted system This may be accomplished through providing roof drain gutters,
which drain to the pond or street, grading the Lot to drain toward the street or directly
Into the pond, or grading perimeter swales and directing them into the pond or street
(h) Built -upon area in excess of the permitted amount will require a permit
modification
(i) All affected Lots shall maintain a 50' wide vegetative buffer adjacent to
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean
high water line of tidal waters
p) Any individual or entity found to be in noncompliance with the provisions
of a storrnwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in N.0 G S. Chapter 143, Article 21
(k) If permeable pavement BUA credit is requested, the property Owner must
submit a request, with supporting documentation, to the permittee and receive approval
prior to construction
ARTICLE VIII
LOTS SUBJECT TO DECLARATIONIENFORCEMENT
SECTION 1 Lots Subject to Declaration. The covenants and restrictions
contained in this Declaration are for the purpose of protecting the value and desirability
of the Planned Community and the Lots. All present and future Owners, tenants and
occupants of Lots and their guests or invitees, shall be subject to, and shall comply with
the provisions of the Declaration, and as the Declaration may be amended from time to
time. The acceptance of a deed of conveyance or the entering Into of a lease or the
entering into occupancy of any Lot shalt constitute an agreement that the provisions of
the Declaration are accepted and ratified by such Owner, tenant or occupant The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any Person having at any time any interest or estate In any Lot, their heirs,
successors and assigns, as though such provisions were made a part of each and
every deed of conveyance or lease, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years, unless terminated by the Lot Owners
SECTION 2 Enforcement and Remedies The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns. The Assoaabon shall be entitled to
enforce its Articles of Incorporation, Bylaws, and rules and regulations and this
Declaration and to collect from any Owner the Reasonable Attomeys' Fees inured by
Association in enforcing the same. In addition to the remedies otherwise provided for
herein concerning the collection of Assessments, the following remedies shall be
available
(a) Association to Remedy Violation. In the event an Owner (or other
occupant of a Lot) Is in violation of or falls to perform any maintenance or other
activities required by this Declaration, the Association's Bylaws, Articles of
Incorporation, or rules and regulations, the Executive Board, after thirty (30) days'
16
notice, may enter upon the Lot and remedy the violation or perform the required
maintenance or other activities, all at the expense of the Owner The full amount of the
cost of remedying the violation or performing such maintenance or other activities shall
be chargeable to the Lot, including collection costs and Reasonable Attorneys' Fees
Such amounts shall be due and payable within thirty (30) days after Owner is billed If
not paid within said thirty (30) day period, the amount thereof may immediately be
added to and become an Individual Assessment levied against said Owner's Lot In the
event that any maintenance activities are necessitated to any Common Elements or
Limited Common Elements by the willful act or active or passive negligence of any
Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair
or other activity Is not fully covered by insurance, then, at the sole discretion of the
Executive Board, the cost of the same shall be the personal obligation of the Owner
and if not paid to the Association upon demand, may immediately be added to and
become an Individual Assessment levied against said Owner's Lot.
(b) Fines The Association may, in accordance with the procedures set forth
in the Act, establish a schedule of and collect fines for the violation of this Declaration
or of the Association's Articles of Incorporation, Bylaws or riles and regulations If an
Owner does not pay the fine when due, the fine shall immediately become an Individual
Assessment against the Owner's Lot and may be enforced by the Association as all
other Assessments provided for herein.
(c) Suspension of Services and Pdvile es The Association may, in
accordance with the procedures set forth in the Act suspend all services and privileges
provided by the Association to an Owner (other than rights of access to Lots) for any
period during which any Assessments against the Owner's Lot remain unpaid for at
least thirty (30) days or for any period that the Owner or the Owners Lot is otherwise in
violation of this Declaration or the Association's Articles of Incorporation, Bylaws, or
rules and regulations
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to
enforce any covenant or restnctlon herein contained shall in no event be deemed a
waiver of the right to do so thereafter. The remedies provided herein are cumulative
and are in addition to any other remedies provided by law.
ARTICLE IX.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders Any institutional holder of a
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of
the Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal year,
(c) receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any
condemnation or casualty loss that affects either a matenal portion of the Planned
Community or the property securing its loan, (a) receive written notice of any sixty-day
(60) delinquency in the payment of Assessments or charges owed by any Owner of any
Lot which is security for the loan, (f) receive written notice of a lapse, cancellation, or
material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the consent
of a specified percentage of mortgage holders, and (h) be fumrshed with a copy of any
master insurance policy.
SECTION 2 Utility Service Declarant reserves the right to subject the Property
or any Additional Proper; to contracts for the installation of utilities, cable TV and street
lighting, which may require an initial payment and/or a continuing monthly payment by
the Owner of each Lot, including but not limited to, a contract with Progress Energy
Carolinas Inc , or its successor in interest, for the Installation of street lighting which
17
requires a continuing monthly payment to Progress Energy Carolinas, Inc., or its
successor in interest, by the Owner of each Lot. Each Lot Owner will be required to pay
for any water connections, sewer connections, Impact fees or any other charges
imposed by any entity furnishing water, sewer or other utility service to the Lot(s). In the
alternative, the Declarant may collect such connection, Impact and other fees, and
charges directly from the Lot Owners. All Lot Owners shall be required, for household
purposes, to use water and sewer supplied by the companies/governmental units
servicing the Planned Community. Separate water systems for outside irrigation and
other outdoor uses shall not be permitted without the consent of the Architecture[
Control Committee.
SECTION 3 Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which
shall remain In full force and effect.
SECTION 4. Amendment of Declaration. Except In cases of amendments that
may be executed by the Declarant as provided by this Declaration or by certain Lot
Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by
affirmative vote or written agreement signed by Owners of Lots to which at least
sixty-seven percent (67%) of the votes in the Association are allocated, or by the
Declarant if necessary for the exercise of any Special Declarant Right or any other
development right reserved to the Declarant herein.
SECTION 5. Conflict. In the event of a conflict between the provisions of this
Declaration and the Bylaws of the Association, this Declaration shall prevail, except to
the extent this Declaration is inconsistent with the Act.
SECTION 6. North Carolina Planned Community Act. It Is the Intent of the
Declarant to comply with the requirements imposed on the Planned Community by the
Act and to the extent any of the terms of this Declaration violate the Act, the terms of the
Act shall control.
SECTION 7. Gender and Number. As used in this Declaration, the masculine,
feminine and neuter gender, and the singular and plural numbers, whenever the context
requires or permits, shall each be deemed to include the other genders or numbers
respectively.
SECTION 8. Captions. The captions in this Declaration are inserted only as a
matter of convenience and for reference and they in no way define, limit or describe the
scope of this Declaration or the intent of any provision hereof.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed
In its company name by Its Manager, pursuant to authority duly given by Its Members,
as of the day and year first above written.
WFDC, LLC
BY:
William H. Cameron, Manager
18
STATE OF NORTH CAROLINA
COUNTYOF w4w VkAnoger
a Notary Publicof nlew (bno�er
County, North Carolina, certify that WILLIAM H. CAMERON personally came before me
this day and acknowledged that he is the Manager of WFDC, LLC, a manager -
managed limited liability company, and that he, as Manager, being authorized to do so,
executed the foregoing on behalf of said limited liability company.
Witness my hand and official stamp or seal, this the _Aj! day of April, 2013.
ttttl Iy., O-P��y
J �� QO''% Notary Public �
GF`s_ Print Name: \b rr�Je
NOTARY -
PUBLIC £ My commission expires: H- ll-llc
19
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
1Hf 1f11Rf 14f Hf fNtHlttNffNfff fff fN1NHNf fH1Nf H1HfNf Htf f Nf H1fffNfHffflNlff f1HHIfHN1H.ff H.H.NN
Filed For Registration:
Book:
Document No.:
Recorder:
04/25/2013 12:15:18 PM
RE 5731 Page: 67.87
2013014740
21 PGS $46.00
HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2013014740*
2013014740
III I III III��IIII9IIIIII II I I I II FOR REGISTTHEUS! REGISTER OF DEEDS
NEWH NOVERC BERSLEY
2013�JUN 21 12 11Y54 Pfi
2013022682 BK:5747 P0810-02 FEE:$20'.00
IIJS1RO0-J 12N3022682
Prepared by and Return to: Morgan & Carter, PLLC
PO Drawer 59, Wilmington, NC 25402
NORTH CAROLINA AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
NEW HANOVER COUNTY FOR LANTANA CROSSING
ANNEXING PHASE TWO
THIS AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASE
TWO ("Declaration of Annexation") is made as of the Z day of 2013 by
WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant."
WIT-NESSETH:
WHEREAS, Declarant,previously recorded a Declaration of Covenants, Conditions
and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry
(the "Declaration"); and
WHEREAS, SECTIONS 3 and 4 of Article V of the Declaration provide that
Declarant may annex additional land into Lantana Crossing and subject those properties.to the
provisions of the Declaration; and
WHEREAS, the Declarant has developed Additional Land designated as Lantana
Crossing Phase Two which the Declarant wishes to be annexed into Lantana Crossing Subdivision
and made subject to the,Declaration.
NOW, THEREFORE, Declarant hereby declares that the real property described
below shall be held, sold and conveyed subject to the following easements, restrictions, covenants
and conditions, wluch are for the purpose of protecting the value'and desirability of such property
and adjacent properties now or formerly owned by Declarant. These easements, restrictions,
covenants and conditions shall run with the property described herein and be binding on all parties
now or hereafter having any right, title or interest in such property or any part hereof, their heirs,
successors and assigns, and shall inure 16 the benefit of each owner thereof.
,w
1. Except as hereafter provided, all defined terms used in this Declaration of
Annexation shall have the meaning given such terms in the Declaration.
2. Declarant hereby subjects the following described property to the terms of
the Declaration (except as such terms are specifically varied in this Declaration of Annexation).
All of that land shown on the plat entitled "Lantana Crossing
Phase Two". which plat is recorded in Map Book 5 9. Page
L,2_&, of the New Hanover County Registry, reference to
which map is hereby made for a more particular description.
Except as otherwise specifically provided herein, all terms, conditions and
provisions of the Declaration shall apply as to the property annexed herein.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be
signed in its company name by its Manager, pursuant to authority duly given by its Members, as of
the day and year first above written.
WFDC, LLC
BY:�—
William H. Cameron, Manager
STATE OF NORTH CAROLINA
COUNTY OF t,� kAa r p r
�ard < allotaryPublicof Nu F xo.rer County,
North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and
acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability
company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of
said limited liability company.
Witness my hand and official stanip_or seal, this the a 114 day of f 20 i3
NOTARY = _Z PUBLIC' _�Zz
\
AL)
/Ptutbliiec
Nota
Print Name:`1� h�o �1r�rd�t
My commission expires: z4 - 11-1 b
/,iNTY.\
TAMMY-THELISCH BEASLEY'- -
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
i
WILMINGTON, NC 28401 =_
......:...:.:.:................. ...::.......:..,...,,......................,..,.................:.:...,,.
Filed For Registration:. 06/21/2013 12:11:54.PM
6 Book:' ' RE 5747 Page: '181071812
DocumentNo.: 2013022682
Y
-�
•'ems.
�?: _
v-
WFDC, LLC
Post Office Box 3649 - Wilmington, North Carolina 28406
Phone: (910) 762-2676 - Fax: (910) 762-2680
June 16.2015
Ms. Georgette Scott
NCDENR
127 Cardinal Drive
Wilmington, North Carolina 28405
Rc: Lantana Crossing I IOA. Inc.
SW8 120911
Dear Ms. Scott.
EC G I-VE
JUN 18 2015
BY. -
Find enclosed herein the "State Stormwater Permit Request Form" requesting that the above
referenced permit be transferred to the HOA.
In addition to the completed form, also find included herein the following:
1. Copy of the deeds recorded in Book 5731 Pages 88-93 and Book 5731 Pages 1916-1919
conveying the Ponds and Drainage Easements to Lantana Crossing FIOA, Inc..
A copy of the recorded plats as well as a list of conveyances showing that 72.7 1% of the
lots have been sold to owners other than Declarant. In addition, also attached are conies
of the front page of each recorded deed to the respective originai party we sold the Ict to.
3. Copy of the Declaration of Covenants, Conditions and Restrictions recorded in Book
5731 Pages 67-87. Book 5747 Pages 1810-1812, Book 5755 Pages 1145-1148. Book
5763 Pages 700-705, Book 5767 Pages 651-654, Book 5818 Pages 1320-1322 and Booic.
5861 Pages1851-1853.
4. Copy of the Articles of Organization of the HOA filed with the Secretary of State of
North Carolina, and a copy of the Consent appointing officers.
This is the initial transfer from the original permittee and thus I understand no processing fee is
required.
The design certification was submitted under separate cover by David Hollis of Hanover Design
Services. Inc.
Ms. Georgette Scott
NCDENR
June 8, 2015
Page Two of Two
1 understand your office will need to inspect the premises and look forward to hearing back from
your office following the inspection.
Thank you for your assistance in this transfer. Please let me know if you need anything further
from us.
Very truly yours,
WPDC. Ll_C
By:
William H. Cameron, Manager
WHC:dp
Enclosures
ECEIVE
JUN 18 2015
BY:
CA201505401839
17
(9,
., LIMITED LIABILITY COMPANY ANNUAL
NAME OF LIMITED LIABILITY COMPANY: WFDC, LLC
SECRETARY OF STATE ID NUMBER, 1267712 STATE OF FORMATION: NC
REPORT FOR THE YEAR. 2015
1. NAME OF REGISTERED AGENT. William H. Cameron
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS S COUNTY
1201 Glen Meade Road
Wilmington, NC 28401 New Hanover
SECTION B: PRINCIPAL OFFICE INFORMATION
Date Filed: 2/23/2015 8:27:00 AM
Elaine F. Marshall
North Carolina Secretary of State
Fdng Office J. ONy
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
P.O. Box 3649
Wilmington, NC 29406
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment
2. PRINCIPAL OFFICE PHONE NUMBER: (910) 762-2676
4. PRINCIPAL OFFICE STREET ADDRESS 8: COUNTY
1201 Glen Meade Road
Wilmington, NC 28401 New Hanover
3. PRINCIPAL OFFICE EMAIL:
5. PRINCIPAL OFFICE MAILING ADDRESS
P.O. Box 3649
Wilmington, NC 28406
SECTION C: COMPANY OFFIC ALSIORGANIZERS (Enter additional Company Officials/Organizers in Section E.)
NAME' William H Cameron NAME: NAME:
TITLE: Manager TITLE: TITLE:
ADDRESS:
P.O. Box 3649
Wilmington, NC 28406
ADDRESS:
ADDRESS:
SECTION ection D must be completed in its entirety by a person/business entity.
SIGNATURE DATE
Form must be signed by a 6ompany ORoat/Organaer listed under Section C of this form.
William H. Cameron Manager
Print or Type Name of Comparry Of ciat/Oigan¢er TITLE
SUBMIT THIS ANNUAL REPORT WITH THEE QUIRED FILING FEE OF 6200 I) (I IIIIII,III'I IIIIIIIulllll l� MAIL TO: Secretary of State, C0rP0nMW3 DINSI=, Post Office Box 29525, Raleigh, NC 27626-0525
1 1%
C9 CD R
North Carolina Department of Environment and
Pat McCrory
Governor
June 17, 2014
Mr. William H. Cameron, Manager
WFDC, LLC
PO Box 3649
Wilmington, INC 28406
Subject: Lantana Crossing
State Stormwater Management Permit No. SW8120911
New Hanover County
Dear Mr. Cameron:
Natural Resources
John E. Skvarla, III
Secretary
We have received your letter dated June 6, 2014 regarding the recorded amendment to the restrictive covenants annexing
phase four which are recorded in Book 5818 Page 1320-1322 and reference Map Book 59 page 173. The map book
shows different lot numbers than the approved plan as shown in the enclosures. If this is the only change, then there is no
effect on the permit because all lots are approved for 3,500sf of impervious area. But, if the lots have been renumbered in
order to reflect either an increase or a decrease in the number of permitted lots, please apply to either modify or revise
your permit accordingly.
If you have any questions, or need additional information concerning this matter, please contact me in the Wilmington
Regional Office, at (910) 796-7331 or kelly.p.johnson@ncdenr.gov.
Sinc ely,
Ily J nson
E m nmental Engineer
GDS/kpj: G:1WQ1SharedlStormwaterlPermits & Projects120121120911 HD12014 06 letter 120911
enc: Excerpt of Permitted Plan
Map Book 59 Page 173
cc: David Hollis, PE, Hanover Design Services
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004
mrm 1 mrr xl,
I
` y\ ui a ui v. ui •.
` 1'. 1 r uvn..r.orr rviure nwmurvx •• y • u • D u � : x � Y1 r u < irsivr
I � 1u✓-..,....... ; __�.,\ r ,a,a.mx,Ii �;. ,�Im„a.mx! +� �� �3w ,^^ %^�.,
1 yy b 6 • iW'• � '.49 flflr __ _
mxPo.I° f, 1 6'� rYAIBFMARI£Cp/RT a+r�.,. awnr.mrir ' �u.oir� _, -_ .
1 x1 �.+y� �'` ~- v.a'• n.ia Wuni �m wuwr u.uwr •v' ✓ mrr M �ei.V mMry � - \ ��
�� °°1 1�'��`, ,%'�-= �' �-z:w��r-,gym• bx 1 !�. p�. i �� a ar 8 � '�� '�
ss 66 . si .. se
,/ , ruG uc +KrwU� p�,� i I S'•..r� :Y.r� Cy .ry p j
L `�`-�_ I Po wr i IA � ACINEA�PFA� SMC£ l� fit
�5=�� � VASENE RECfl �iIWUI,-��``-L--__--..r' /� � I `• ... WE�'NeS �wi:o-i..
�.. - _-
qb
\yl
LANTANA CROSSING ;
PHASE FOUR
A PERFORMANCE RESIDENTIAL DEVELOPMENT
NARNCR rowN
NfW MM'OWR CWNTY
NORIM CARp..A
ONNER. M . UC
P. BON .16{9
YYen
m
WLMINGt , v C 284M
uor.rvr
OAi MAY 2% 20" .r.
mrm .a.orr
mr 0—m-
ssr mmw. ��691d=�v w
6,
uxwno.
tr mmut
0 s
✓4���aw'iwr"mnm.Ammrm m'�srr m' e
nm� ia• m �'a'ri_
°nLrt ytKu.tGgJ'
°w. mmm war, � °a�g�•.uJrl�-yWmeA.to.3d®�9
wn�.. r. m. a.m ..o-r.i •"""'° 65.IY ow.e �.�.eJk >NM�
F4 MRGESIGNSR ESf'AAix
6. og Iaml
cvc9►pi of
ik"711-76) ?inn!
"/'a IIN
WFDC, LLC
Post Office Box 3649 - Wilmington, North Carolina 28406
Phone: (910)762-2676•Fax: (910)762.2680
June 6, 2014
Ms. Georgette Scott
WIRO Stormwater Program Supervisor
DENR
Wilmington Regional Offices
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: SW8120911
Phase Four
Restrictive Covenants
Dear Ms. Scott:
ECEIVE
JUN 0 9 2014
Please find enclosed the following in relation to the above referenced permit:
Recorded Amendment to Restrictive Covenants Annexing Phase Four
We will send copies of additional Amendments annexing future sections as they are
recorded.
Thank you for your assistance in this matter.
Very truly yours,
WFDC, LLC
By:
William H. Cameron, Manager
WHC:dp
Enclosures
7V cwg IDoA l l
(IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIII
2014014140
>FOR REGISTRATION REGISTER OF DEED:
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2014 JUN 06 10:30:56 AM
` BK:5818 PG:1320-1322 FEE:$26.00
Prepared by and Return to: Morgan & Carter, PLLC--
PO Drawer 59, Wilmington, NC 28402
NORTH CAROLINA AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
NEW HANOVER COUNTY FOR LANTANA CROSSING
ANNEXING PHASE FOUR
THIS AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LANTAN),,CROSSING ANNEXING PHASE
FOUR C`Declaration of Annexation") is made as of the 'S day of June, 2014 by WFDC, LLC, a
North Carolina limited liability company, hereinafter referred to as "Declarant.'
WITNESSETH:
WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions
and.Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County
Registry, which Declaration has been amended by those documents recorded in Book 5755, Page
1145, Book 5763, Page 700, and Book 5767, Page 651, of the New Hanover County Registry (including all
amendments thereto, the "Declaration'); and
WHEREAS, Sections 3 and 4 of Article V of the Declaration provide that Declarant
may alinex additional land into Lantana Crossing and subject those properties to the provisions of
the Declaration; and
WHEREAS, the Declarant has developed Additional Land designated as Lantana
Crossing Phase Four, which the Declarant wishes to be annexed into Lantana Crossing Subdivision
and made subject to the Declaration.
NOW, THEREFORE, Declarant hereby declares that -the real property described
below shall be held, sold and conveyed subject to the following easements, restrictions, covenants
and conditions, which are for the purpose.of protecting the -value and desirability of such property
and adjacent properties now or formerly owned by Declarant. These easements, restrictions;
covenants and conditions shall run with the property described herein and be binding on all parties
now or hereafter having any right, title or interest in such property or any part hereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
q, & �1 C amu-otJ
Except as hereafter provided, all defined terms used in this Declarationof
Annexation shall have the meaning given such terms in the Declaration.
2. Declarant hereby annexes the following described property to Lantana
Crossing Subdivision and also subjects the following described property to the terms of the
Declaration (except as such terms are specifically varied in this Declaration of Annexation).
All of that land shown on the plat entitled "Lantana Crossing
Phase Four", which plat is recorded in Map Book 5 Q ,
Page ► 73 , of the New Hanover County Registry,
reference to which map is hereby made for a more particular
description.
Except as otherwise specifically provided herein, all terms, conditions.and,
provisions of the Declaration shall apply as to the property annexed herein.
IN TESTIMONY WHEREOF, Declaranbhas caused this Declaration to be
signed in its company name by its Manager, pursuant to authority duly given by its Members, as of
the day and year first above written.
WFDC, LLC
BY:
William H. Cameron, Manager
STATE OF NORTH �FAR0 INA
COUNTY OF jcJ��Y )
I, a JQ » ,�/" `, C I�2) D, a Notary Public of �� t�L �%' County,
North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and
acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability
company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of
said limited liability company.
Witness my hand and official stamp or seal, this the .. day of June, 2014.
i
\ l O w� ari
�yPNpCAR`l 2 NintNanul
elic�yS
2�
r
g �FV?
(SEAL)
R CO
h��/hhhhpn
Mycommissionexpires:
2
/_,INTV.
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 06/06/2014 10:30:56 AM
Book: RE 581E Page: 1320-1322
Document No.: 2014014140
3 PGS $26.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
I
t
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
I„
*2014014140*
2014014140
WFDC, LLC
Post Office Box 3649 • Wilmington, North Carolina 28406
Phone: (910) 762-2676 • Fax: (910) 762-2680
August 20. 201
Ms. Georgette Scott
WIRO Stormwater Program Supervisor
DENR
Wilmington Regional Offices
1-7 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: SW8120911
Phase Three
Resttictive Covenants
Dear Ms. Scott.
mECEIVEFJ
AUG 21 2013
8Y:
Piease find enclosed the following in relation to the above referenced permit:
Recorded Amendment to Restrictive Covenants Aimcxing Phase Two and
Three of Lantana Crossing. (Note we previously annexed Phase Two, bat
included that phase in this annexation with some clarified language.)
Recorded Amendment to Restrictive Covenants for Lantana Crossing
clarifying several issues. Does not impact impervious surface for any lots.
We will send copies of additional Amendments annexing future sections as they are recorded.
Thank you for your assistance in this matter.
Very truly yours,
WFDC. LLC
By:
William }I. Cameron. Manager
WHC:dp
Enclosures
IIII IIII III IIIII�II II I' IIII II III III iFOR REGISRTION REGISTER OF DEED:
Oq TRMNY TTRHEUSCH DERSTEY
IJEY HRNOVER ;LW,Y, NC
I
2013030307 BK:5163 PG 00 705 FEE:$26.00
I�JSiRU�iEhai R 2U1303034i
Prepared by and Return to: Morgan & Carter, PLLC
PO Drawer 59, Wilmington, NC 25402
NORTH CAROLINA AMENDMENT TO DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS
NEW HANOVER COUNTY FOR LANTANA CROSSING
THIS AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ("Amendment") is
made as of the L day of August, 2013 by WFDC. LLC, a North Carolina limited liability
company, hereinafter referred to as "Declarant" and Stevens Building Company, a North Carolina
corporation, hereinafter referred to as "Stevens''.
WITNESSETH:
WHEREAS, Declarant has previously recorded a Declaration of Covenants..
Conditions and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover
County Registry, and has also recorded in Book 5755, Page 1145, of the New Hanover County
Registry, an amendment thereto annexing additional real property into the Lantana Crossing
Subdivision (hereinafter, including all amendments thereto, the "Declaration"); and
WHEREAS, Section 4 of Article IX of the Declaration provides for the amendment
of the Declaration; and
WHEREAS. Stevens and Declarant own all of the lots in Lantana Crossing
Subdivision: and
WHEREAS, the Declarant desires to amend the Declaration and Stevens has
consented to such amendment to the Declaration.
NOW, THEREFORE, Declarant and Stevens do hereby amend the Declaration for
Lantana Crossing Subdivision as follows:
l . By deleting Article I Section 5 Common Elements and substituting the
following in lieu thereof:
RETURN T()
4, &tl CW--1,QMv--1
thereof:
"SECTION 5. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned, enjoyed,
maintained or leased by the Association, other than a Lot, and intended for
the common use and enjoyment of the Owners, and all facilities located
thereon, including, without limitation, stormwater retention ponds and
stonnwater runoff system, drainage easements, maintenance easements,
maintenance access easements, sign easement areas, or private roads within
the Planned Community. Common Elements shall also include any areas
designated on any plats for the Planned Community as "Open Space",
"Common Area", "Common Element', "Recreation Area", "Amenity Area",
"Conservation Area(s)", "Park" or "Park Area", "Recreational Space",
"Pedestrian Easement", "Access Easement", or other designation, whether
owned by the Association, the Declarant, or any other Person, EXCEPT that
30" Access Easement located on Lots 65 and 66 of Lantana Crossing
Section Three, as shown on that map recorded in Map Book 58, Pages 140-
141, of the New Hanover County Registry, reference to which map is hereby
made for a more particular description, is intended to provide access to Lots
65 and 66 only."
2. By deleting Article II Section 2(a) and substituting the following in lieu
"(a) Easements as necessary in the lands constituting the Common
Elements and the rear and front ten feet of each Lot and side five feet of each
Lot for the installation and maintenance of utilities and drainage facilities
(including the right to go upon the ground with men and equipment to erect,
maintain, inspect, repair and use electric and telephone lines, wires, cables,
conduits, sewers, water mains and other suitable equipment for the
conveyance and use of electricity, telephone equipment, gas, sewer, water or
other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property
recorded or to be recorded in the office of the Register of Deeds of New
Hanover County; the right to cut drain ways, swales and ditches for surface
water whenever such action may appear to the Declarant or the Association
to be necessary in order to maintain reasonable standards of health, safety
and appearance; the right to cut any trees, bushes or shrubbery; the right to
make any grading of the soil, or to take any other similar action reasonably
necessary to provide economical and safe utility installation and to maintain
reasonable standards of health, safety and appearance. NOTE: No structures
or plantings or other material shall be placed or permitted to remain upon
such easement areas, or any maintenance or access or pedestrian areas, or
site triangles, or other areas described herein or upon any recorded plat, and
no activities shall be undertaken thereon which may damage or interfere
with the installation or maintenance of such areas or utilities or other
services located upon or within such areas, or which may retard, obstruct or
reverse the flow of water or which may damage or interfere with established
slope ratios or create erosion, or which may cause any other damage to such
in lieu thereof:
areas. The easement areas, and maintenance and access and pedestrian areas,
and site triangles, and other areas described herein (whether or not shown on
the recorded plats for the Planned Community), but not the improvements
within such areas, that are located on any Lot shall be maintained by the
respective Owner of such Lot except those for which a public authority or
utility company is responsible. Each Owner shall keep such areas free of all
debris and regularly mowed and maintained and in accordance with Article
VI Section 4 herein and also in accordance with the rules and regulations of
the Association."
3. By deleting Article VI Section Maintenance and substituting the following
"SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from
weeds, underbrush or refuse piles, or unsightly growth or objects. All
structures shall be kept neat and in good condition and repair. All shrubs,
trees, grass and plantings shall be kept neatly trimmed and properly
cultivated. No structures or plantings or other material shall be placed or
permitted to remain upon easement areas, or any maintenance or access or
pedestrian areas, or site triangles, or other areas described in Article II
Section 2(a) or in this Declaration or upon any recorded plat, and no
activities shall be undertaken thereon which may damage or interfere with
the installation or maintenance of such areas or utilities or other services
located upon or within such areas, or which may retard, obstruct or reverse
the flow of water or which may damage or interfere with established slope
ratios or create erosion, or which may cause any other damage to such areas.
The easement areas, and maintenance and access and pedestrian areas, and
site triangles, and other areas described in Article II Section 2(a) or in this
Declaration (whether or not shown on the recorded plats for the Planned
Community), but not the improvements within such areas, that are located
on any Lot shall be maintained by the respective Owner of such Lot except
those for which a public authority or utility company is responsible. Each
Owner shall keep such areas free of all debris and regularly mowed and
maintained and in accordance with Article and also in accordance with the
rules and regulations of the Association. In the event that any maintenance
activities are necessitated to any Common or Limited Common Element by
the willful act or active or passive negligence of any Owner, his family,
guests, invitees or tenants, and the cost of such maintenance, repair or other
activity is not fully covered by insurance, then, at the sole discretion of the
Executive Board, the cost of the same shall be the personal obligation of the
Owner and if not paid to the Association upon demand, may be added to and
become an Individual Assessment levied against said Owner's Lot."
Except as provided herein, all defined and capitalized teens used in this
Amendment shall have the meaning given such terms in the Declaration.
Except as modified herein, all terns and conditions of the
Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant and Stevens have made and
executed this Amendment as of the day and year first above written.
WFDC, LLC
BY:
William H. Cameron, Manager
STEVENS BUILDING COMPANY
BY:
Print Name: k7gn t �t T- Wb(dr1
Title: CIF-0
STATE OF NORT}I CAROLINA
COUNTY OF / l-v
��I. �n 7N 52 Me') Notary Public of �., —County,
North Carolina. certify that WILLIAM H. CAMERON personally came before me this day and
acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability
company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of
said limited liability company. Witness my hand and official stamp or seal, this the A/ day of August, 2013.
N <ryPublic �A
, „nnnMnM
J�pN p. P✓�� 1 Print Name: scz r� �vle%fD�I
y=
NOTARY = My commission expires:
PUBLIC
STATE OF NORT -I CAROLINA
COUNTY OF ��'�rJ�Z�D✓�.1�
1, - 5a n �• "�C%7�on , a Notary Public of ��iv/��- County,
North Carolina, certify that It�)d D,0
personally came before me this day and acknowledged thatxhe is the GFj�
of Stevens Building Company, a North Carolina corporation, and thaty/he, as
Cf7/--- p being authorized to do so, executed the foregoing on behalf
of said corporation.
Witness my hand and official stamp or seal, this the day of August, 2011.
n„npnm HIM i
Public
'PN6.MF� Print Name:SuSa
�F J� O�
€ - My commission expires:
NOTARY
(S�b� PUBLIC
U
� r
y
w,._FR C0\1N..,o
L �'^INWA
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
................................................................................
Filed For Registration: 08/20/2013 09:03:04 AM
Book: RE 5763 Page: 700-705
Document No.: 201303D307
6 PGS $26.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
2013030307
2013026440
5FOR REGISTRATION REGISTER OF DEED'
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2013 JUL 0 12:05:45 Pill
BK:5755 PG:1145-1148 FEE:526.00
INSiRUNEN1; 201M6440
Prepared by and Return to: 'Morgan & Carter, PLLC
PO Drawer 59, Wilmington, NC 28402
NORTH CAROLINA AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
NEW HANOVER COUNTY FOR LANTANA CROSSING
ANNEXING PHASES TWO AND THREE
THIS AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASEs
TWO AND THREE ("Declaration of Annexation") is made as of the I q day of July, 2013 by
WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant."
WITNESSETH:
WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions
and Restrictions for Lantana Crossing in Book 573I, Page 67, of the New Hanover County Registry
(including all amendments thereto, the "Declaration'); and
WHEREAS, Sections 3 and 4 of Article V of the Declaration provide that Declarant
may annex additional land into Lantana Crossing and subject those properties to the provisions of
the Declaration; and
WHEREAS, the Declarant has developed Additional Land designated as Lantana
Crossing Phase Two and Lantana Crossing Phase Three which the Declarant wishes to be annexed
into Lantana Crossing Subdivision and made subject to the Declaration.
NOW. THEREFORE, Declarant hereby declares that the real property described
below shall be held, sold and conveyed subject to the following easements, restrictions, covenants
and conditions, which are for the purpose of protecting the value and desirability of such property
and adjacent properties now or formerly owned by Dcclarant. These easements, restrictions,
covenants and conditions shall run with the property described herein and be binding on all parties
now or hereafter having any right, title or interest in such property or any part hereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
I . Except as hereafter provided; all defined terms used in this Declaration of
Annexation shall have the meaning given such terns in the Declaration.
2. Declarant hereby annexes the following described property to Lantana
Crossing Subdivision and also subjects the following described property to the terms of the
Declaration (except as such terns are specifically varied in this Declaration of Annexation).
All of that land shown on the plat entitled "Lantana Crossing
Phase Two', which plat is recorded in Map Book 58, Page
108, of the New Hanover County Registry, reference to
which map is hereby made for a more particular description.
I Declarant hereby annexes the following described property to Lantana
Crossing Subdivision and also subjects the following described property to the tenns of the
Declaration (except as such terns are specifically varied in this Declaration of Annexation).
All of that land shown on the plat entitled "Lantana Crossing
Phase Three", which plat is recorded in Map Book SSL,
Page ix�o, of the New Hanover County Registry, reference
to which map is hereby made for a more particular
description.
Except as otherwise specifically provided herein, all terms, conditions and
provisions of the Declaration shall apply as to the property annexed herein.
IN TESTIMONY WHEREOF. Declarant has caused this Declaration to be
signed in its company name by its Manager, pursuant to authority duly given by its Members, as of
the day and year first above written.
WFDC, LW44
BY:
William H. Cameron, Manager
STATE OF NORTH CAROLINA
COUNTY OF tJe Ka o .e
1, for u ward ,c a Notary Public of ",w Rc, n& u County,
North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and
acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability
company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of
said limited liability company.
Witness my hand and official stamp or seal, this the lgi' day of July 2013.
\ \�ktJ IhAR�/
0 6`
NOTARY
PUBLIC =`
AL)
'/�i/�'OVERT
N taryPubli
Print Name: ---I�„ 4 -�.
My commission expires: 4-\t- ILo
qmwio'
TAMMY THELISCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
„.................. ......... ............... ......... ............... ......................... ......... I...........
Filed For Registration: 07/19/2013 12:05:45 PM
Book: RE 5755 Page: 1145-1148
Document No.: 2013026440
4 PGS $26.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
DAVITE Il IIN!
2013026440
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
1. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: 45LL'E3 lea-c3l
2. Project Name: TP, QL►u-tstcT-+
3. Current Permit Holder's Company Name/Organization: C J F OG ► L L.C=
4. Signing Official's Name: W► oi4,t 14.Q._f:ISMQ.yi7r� Title: (Yia;sc�C�✓
5. Mailing Address: PC D E50)G 3Co¢9
City: Lt,.lnn State:y 1[' Zip: 284Cn4o
6. Phone: (9(C') -7Co 2- ?rn7Co Fax: (9tc k M22 - 2C�H C)
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
�fVame change of project (Please complete Item 5 below)
❑ / Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name:
3. Proposed permittee's title:
4. Mailing Address:
City:
State: Zip:
Phone:( ) Fax:
5. New Project Name to be placed on permit: Le:t.✓1'}'t2. 61 C. trb5St n 9
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain Stormwater system features. Print name of HOA or
___,,POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev24Sept2012 Page 1 of 4 JUL 0 5 2013
SY:------
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and siqned form. This certification, musfbe;complefed and signed by both the
2. Legal documentation of the property transter to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
dCheck here if the current permittee is only changing his/her/its name, the pro�ect�nam�e or mailing
ress, but will retain the permit. I, W FID! , LLG —, the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, the current permittee, am submitting this application
for a transfer of ownership for permit # I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit. 6�1 F�D"--
Signature: e Date: /�%
a Notary Public for the State of
r-Ic. County of nae.—s do hereby certify that
\A. �'n 111111
v,.e cnv. personally appeare�J Of the
d day of tea\ 20 13 , and acknowJ ` e the due e+tion of the ;
forgoin instrument. Witness my hand and official seal, = N>Y Seak
�� =y PUBLIC =`
No ry Signature' �a•�
VERCOJ'\K\ I�
00
SSW N/O Change Rev24Sept2012 Page 2 of 4
WFDC, LLC
Post Office Box 3649 • Wilmington, North Carolina 28406
Phone: (910) 762-2676 - Fax: (910) 762-2680
.July 2. 2013
Ms. Georgette Scott
WIRO Stormwater Program Supervisor
DEIN. R
Wilmington Regional Offices
127 Cardinal Drive Extension
Wilmington, Nordi Carolina 28405
RE: SW8120911
Project Name Change
Restrictive Covenants
Dear Ms. Scott,
nd enclosed Project \ame Change iorni requesting tca, the project name fqr the above
re!'erenced permit be changed.
! am also enclosing copacs of the ieCUIded Restrictive Covenants for Phase i and 2 (lots that
)7abe tieen recorded). We will send copies of Covenants for lots recorded lit the future as they
:c recorded.
Thank you for your assistance in this matter.
Very truly yours,
WFDC. LLC
By: Val/Z
William H. Cameron, Manager JUL 112111
WHC:dp BY:--
Enclosure
IW�I{I9�1'.IYM[llO�ll rM T YyT�TI6UNN BET0.YOF DEEM
2013014740 2013 8PB 25 12 15 18 PM
BK 5731 PG:67-87 FEE $46 00
(P✓5W 120191470
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
LANTANA CROSSING
JUL 0 5 206
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE
FLAG OF THE UNITED STATES OF AMERICA AND/OR THE STATE OF
NORTH CAROLINA. (BUT SEE ARTICLE VI SECTION 3(J) WHICH
PERMITS ALL OWNERS TO DISPLAY AN AMERICAN AND/OR NORTH
CAROLINA FLAG 4'X6' OF SMALLER)
Prepared By: Morgan & Carter, PLLC
602 Market Street
Wilmington, NC 28401
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER FOR LANTANA CROSSING
This Declaration, made the day of April, 2013 by WFDC, LLC, a North
Carolina limited liability company, hereinafter referred to as "Declarant' or "Developer"
for the purposes hereinafter stated,
WITNESSETH:
Whereas, Declarant is the owner of certain real property in New Hanover
County, North Carolina, known as LANTANA CROSSING PHASE ONE, which is shown
on a plat (the 'Plat") recorded in the Office of the Register of Deeds of New Hanover
County, North Carolina, in Map Book 57, Page 390, to which reference is made for a
more particular description (the 'Property"), EXCEPTING. HOWEVER, from the
definition of Property hereunder those certain areas designated as'S0' Access
Easement' and '30' Drainage Easemenr located adjacent to Lot 5, Lantana Crossing
Phase One, as shown and depicted on said plat
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set
forth in Chapter 47F of the North Carolina General Statutes (the "Act'), as well as the
following easements, restrictions, covenants, and conditions.
ARTICLE I
DEFINITIONS
In addition to other terms defined herein, the following capitalized terms shall
have the following meanings as used herein -
SECTION 1. Additional Property shall mean and refer to any lands, in addition
to the above described Property, which are located within one (1) mile of the Property
and which are annexed to and made a part of the Planned Community in accordance
with this Declaration, whether such lands are now owned or hereafter acquired by
Declarant or others, and whether developed by Declarant or others
SECTION 2. Allocated Interest shall mean the Common Expense Liability and
votes in the Association allocated to each Lot as is more specifically set forth in this
Declaration The Allocated Interest for the Common Expense Liability need not be the
same as the Allocated Interest for voting purposes The votes allocated to each Lot are
set forth in Article III herein and the Common Expense Liability allocation for each Lot is
set forth in Article IV herein The definition of Allocated Interest as set forth in N C G S
§47F-1-103(f) shall not apply to this Planned Community.
SECTION 3. Association shall mean and refer to Lantana Crossing HOA, Inc, a
North Carolina non-profit corporation, its successors and assigns, the owners
association organized pursuant to the Act for the purposes set forth herein.
SECTION 4 Bulder shall mean a Person purchasing a vacant tit for the
purpose of constructing a home for sale to a third party and not for use by such Person
or any principal, director, shareholder, officer, member, manager, or partner of such
Builder or a family member of any principal, director, shareholder, officer, member,
manager, or partner of such Builder.
SECTION 5. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned, enjoyed,
maintained or leased by the Association, other than a Lot, and intended for the
common use and enjoyment of the Owners, and all facilities located thereon, including,
without limitation, stormwater retention ponds and stormwater runoff system, drainage
easements, sign easement areas, or private roads within the Planned Community
Common Elements shall also include any areas designated on any plats for the
Planned Community as'Open Space", "Common Area", "Common Element",
"Recreation Area", "Amenity Area", "Conservation Area(s)", "Park" or "Park Area', or
other designation, whether owned by the Association, the Declarant, or any other
Person
SECTION 6. Common Expenses means expenditures made by, or financial
liabilities of, the Association together with any allocations to reserves
SECTION 7. Common Expense Liabilitv means the liability for Common
Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise
SECTION 6. Declarant shall be used interchangeably with Developer and shall
mean and refer to WFDC, LLC, its successors, and its assign(s), it such assign(s)
acquire a Special Declarant Right in accordance with N.C.G.S §47F-3-104
SECTION 9 Declarant Control Period shall have the meaning set forth in Article
III hereof.
SECTION 10 Declaration shall mean this instrument as it maybe from time to
time amended or supplemented
SECTION 11 Executive Board or Board shall mean the Board of Directors of
the Association, who shall be the body designated in this Declaration to act on behalf of
the Association
SECTION 12 Limited Common Elements shall mean the real property, areas
and facilities which are intended for the exclusive use of one or more, but less than all
of the Lots as shown and designated on any maps of sections of the Planned
Community which are or may be recorded in the New Hanover County Registry or
which may be annexed to this Declaration by any amendment annexing Additional
Property and all facilities located thereon.
SECTION 13. Limited Common Expenses shall mean actual and estimated
expenses of maintaining, operating, repairing, and replacing the Limited Common
Elements, including insurance, reasonable reserves and utilities as may be found
necessary and appropriate by the Executive Board for the benefit of the Limited
Common Elements
SECTION 14. Lo shall mean and refer to any numbered tit shown on the
Plat, and any numbered lot that may be shown on any plats of any part of the Additional
Property that may be hereafter recorded in the office of the Register of Deeds of New
Hanover County. The Lot(s) are the portions of the Planned Community designated for
separate ownership by a Lot Owner or Lot Owners
SECTION 15. Lot Owner or Owner shall mean the Declarant or other Person
who owns a fee simple title to any Lot, or who owns fee simple title to an undivided
interest in a Lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation
SECTION 16 Master Association means a master association as defined in the
r_r:
SECTION 17. Person means a natural person, a business or nonprofit
corporation, limited liability company, trustee(s) of a business trust, trustee(s) of
chartable or nonchantable trust, limited or general partnership, pint venture,
government, governmental subdivision, governmental agency, or other legal entity
SECTION 18. Planned CommunM shall mean and refer to the Property plus
any Additional Property made a part of the Planned Community by the annexation in
accordance with this Declaration
SECTION 19. Purchaser means any Person, other than the Declarant or a
Person In the business of selling real estate for the purchaser's own account, who by
means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than
(i) a leasehold interest (including renewal options) of less than 20 years, or (u) as
security for an obligation
SECTION 20. Reasonable Aftomevs' Fees means attomeys' fees reasonably
Incurred without regard to any limitations on attomeys' fees which otherwise may be
imposed bylaw
SECTION 21 Special Declarant Rights means any and all rights, powers, and
privileges reserved for the benefit of the Declarant in this Declaration, including, but not
limited to, (i) the right to complete improvements intended or planned by Developer for
the Property or Additional Property; (ii) the right to exercise any development or other
right reserved to the Declarant by this Declaration or otherwise; (ur) the right to maintain
within the Planned Community sales offices, management offices, construction
officeshlrailers, signs advertising the Planned Community, and models; (iv) the right to
use the Common Elements for the purpose of making Improvements within the Planned
Community; (v) the right to make the Planned Community part of a larger planned
community or group of planned communities; (vi) the right to make the Planned
Community subject to a Master Association; (vii) the right to appoint or remove any
officer or Executive Board member of the Association or any Master Association during
the Declarant Control Period (viii) the right to permit or cause other land to be annexed
to the Planned Community in accordance with this Declaration, and (ix) the rights
reserved to the Declarant in Article V of this Declaration.
SECTION 22. Stornwater Perm t shall mean State Stormwater Permit Number
SW8 120911 issued by the North Carolina Division of Water Quality ('DWQ'),
Department of Environment and Natural Resources ('DENR')
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1 Owners' Property Rights and Easement of Enjoyment. Every
Owner shall have and is hereby granted a right and easement of enjoyment in and to
the Common Elements, if any, which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners,
(b) The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public
agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by the (Tuners of at least eighty percent (80%) of the Lots, excluding the
Developer, provided, however, that the Association may without the consent of the
Owners grant easements, leases, licenses and concessions through or over the
Common Elements No conveyance or encumbrance of Common Elements shall
deprive any Lot of its rights of access or support
SECTION 2. Easements in Favor of Declarant and the Association The
following easements are reserved to Declarant and the Association, their agents,
contractors, employees, successors and assigns.
(a) Easements as necessary in the lands constituting the Common Elements
and the rear and front ten feet of each Lot and side five feet of each Lot for the
installation and maintenance of utilities and drainage facilities (including the right to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone Imes, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment,
gas, sewer, water or other public conveniences or utilities on, in or over each Lot and
such other areas as are shown on the plat of the Property or any Additional Property
recorded or to be recorded in the office of the Register of Deeds of New Hanover
County, the right to cut dram ways, swates and ditches for surface water whenever such
action may appear to the Developer or the Association to be necessary in order to
maintain reasonable standards of health, safety and appearance, the right to cut any
trees, bushes or shrubbery; the right to make any grading of the sod, or to take any
other similar action reasonably necessary to provide economical and safe utility
installation and to maintain reasonable standards of health, safety and appearance )
No strictures or plantings or other material shall be placed or permitted to remain upon
such easement areas or other activities undertaken thereon which may damage or
interfere with the installation or maintenance of utilities or other services, or which may
retard, obstruct or reverse the flow of water or which may damage or Interfere with
established slope ratios or create erosion These easement areas (whether or not
shown on the recorded plats for the Planned Community) but not the improvements
within such areas shall be maintained by the respective Crooner except those for which a
public authority or utility company is responsible
(b) The right to locate wells, pumping stations, and tanks within residential
areas, or upon any Lot with the permission of the Owner of such Lot
(c) Easements over, under, and across all streets, access easements, and
Common Elements within the Planned Community as necessary to provide access,
ingress and egress to and from any Additional Property, and for the installation of
utilities for any Additional Property
(d) Easements shown and depicted on any recorded map or plat and which
affect any Lot or Limited Common Element or which serve the Planned Community or
are necessary for the development of the Planned Community.
(e) An easement of unobstructed access over, on, upon, through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
limes to perform any maintenance and repair to the Limited Common Elements
required by this Declaration
SECTION 3 Other Easements. The following additional easements are granted
by Declarant.
(a) an easement to all police, fire protection, ambulance and all similar persons,
companies or agencies performing emergency services, to enter upon all Lots and
Common Elements in the performance of their duties
(b) in case of any emergency originating in or threatening any Lot or Common
Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other Person authorized by it, shall have the
Immediate right to enter any Lot for the purpose of remedying or abating the causes of
such emergency and making any other necessary repairs not performed by the Lot
Owners.
(c) the Association is granted an easement over each Lot for the purposes of
performing Lot maintenance and upkeep when an Owner fails to provide maintenance
and upkeep in accordance with this Declaration.
SECTION 4 Nature of Easements All easements and rights described herein
are perpetual easements appurtenant, running with the land, and shall inure to the
benefit of and be binding on the Declarant and the Association, their successors and
assigns, and any Owner, Purchaser, mortgagee and other person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust
deed or other evidence of obligation, to the easements and rights described in this
Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association The Association was formed on March
19, 2013 The Association is a North Carolina nonprofit corporation organized pursuant
to the North Carolina Nonprofit Corporation Act for the purpose of establishing an
association for the Owners of Lots to operate and maintain the Common Elements and
facilities located on the Common Elements and any Limited Common Elements and
facilities located on the Limited Common elements, the stonmwater runoff system, sign
easement areas and other property and facilities maintained by the Association, to
enforce covenants, conditions and restrictions of this Declaration; and to make and
enforce rules and regulations governing the Owners' use and occupation of Lots. The
Association shall perform its functions in accordance with this Declaration, its Articles of
Incorporation and Bylaws The Association shall be empowered to perform and/or
exercise those powers set forth in the Act as it may be amended from time to time, in
addition to any powers and authority otherwise granted to it
SECTION 2 Membershio. Every Owner shall be a Member of the Association
Membership shall be appurtenant to and may not be separated from fee simple
ownership of a Lot or fee simple ownership of an undivided interest in a Lot
SECTION 3 Votina Fights The Association shall have two classes of voting
Membership
Class A Class A Members shall be all Owners, with the exception
of the Declarant, and shall be entitled to one vote for each Lot owned
When more than one Person holds an interest in any Lot, all such
Persons shall be Members. The vote for such Lot shall be exercised as
they determine, but in no event shall more than one vote be cast with
respect to any Lot Fractional voting with respect to any Lot is prohibited
Class B The Declarant shall be a Class B Member and shall be
entitled to three (3) votes for each Lot owned and for each planned but
currently unplatted Lot to be in the Planned Community. The total number
of planned Lots for the Planned Community is currently 63, provided
however, that the actual number of Lots may be more or less, and the
Class B member makes no representation whatsoever regarding the
actual number of Lots to be included in the Planned Community The
Class B Membership shall cease and be converted to Class A
Membership on the happening of any of the following events, whichever
occurs earlier
(a) when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership (taking into
account all Lot(s), including Lots(s) shown on the Plat, and Lot(s) added
to the Planned Community through the annexation of additional land as
provided in this Declaration,
(b) on December 31, 2032, or
(c) upon the voluntary surrender of all Class B Membership by the
holder thereof.
SECTION 4. Declarant Control Period
(a) The Declarant Control Period shall commence on the date this Declaration is
executed, and shall end (i) when three -fourths (3t4ths) of the Lots are no longer owned
by the Declarant (taking into account all Lot(s), including Lots(s) shown on the Plat, and
Lot(s) added or which are planned to be added to the Planned Community through the
annexation of additional land as provided in this Declaration), (u) December 31, 2032,
or (iir) the Declarant executes a written document stating the Declarant Control Period
under this Declaration has ended, whichever occurs first.
(b) During the Declarant Control Period, the Declarant shall have the nght to
designate and appoint the Executive Board, the right to remove any Person or Persons
designated and appointed by the Declarant to serve on the Executive Board, and the
right to designate and appoint a Person or Persons to serve on the Executive Board for
the remainder of the term of any Person serving on the Executive Board who may
resign, die, or be removed by the Declarant.
SECTION 5 Government Permits After completion of construction of any
facilities required to be constructed by Declarant pursuant to permits, agreements and
easements for the Planned Community, all duties, obligations, rights and privileges of
the Declarant under any water, sewer, land use, stormwater and utility agreements,
easements and permits for the Planned Community with municipal or governmental
agencies or public or private utility companies, shall be the duties, rights, obligations,
privileges and the responsibility of the Association, notwithstanding that such
agreements, easements or permits have not been assigned or the responsibilities
thereunder specifically assumed by the Association. Declarant reserves the right to
assign any such permits, easements, or agreements to the Association, In which case
the Association shall be required to assume the same There are additional provisions
made in this Declaration concerning storwater facilities and the Soorwater Permit
SECTION 6. Common Elements The Association shall at its sole cost and
expense be responsible for the operation and maintenance of each Common Element
within the Planned Community from the date of completion of its oonstruchon or
improvement by the Developer, whether or not (r) such Common Element has actually
been deeded to the Association, or (u) any permit issued by a governmental agency to
Declarant for the construction and operation of the Common Element has been
transferred from the Declarant to the Association or assumed by the Association If the
Declarant is required by any government agency to provide any operation or
maintenance activities to a Common Element for which the Association is liable to
perform such operation and maintenance pursuant to this section, then the Association
agrees to reimburse the Declarant the cost of such operation and maintenance within
30 days after Declarant renders a bill to the Association therefor The Association
agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the
amount thereof if d does not have other sufficient funds available Declarant shall be
entitled to specific performance to require the Association to levy and collect such
Special Assessment
SECTION 7 Insurance. The Executive Board on behalf of the Association, as a
Common Expense, may at all times keep the Common Elements and other assets of
the Association, if any, insured against loss or damage by fire or other hazards and
such other risks, including public liability insurance, upon such terms and for such
amounts as may be reasonably necessary from time to time to protect such property,
which insurance shall be payable in case of loss to the Association for all Members.
The Association shall have the sole authority to deal with the insurer in the settlement
of claims. In no event shatl the insurance coverage obtained by the Association be
brought into contribution with insurance purchased by Members or their mortgagees At
a minimum, the Executive Board shall maintain the insurance coverages required by
the Act
SECTION 8. Architectural Control Committee. The Executive Board shall
perform all duties of the Architectural Control Committee if no such committee is
appointed by 0, subject, however, to the Special Declarant fights Any Architecture[
Control Committee appointed by the Executive Board shall consist of at least 3
members
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
Each Lot Owner covenants and agrees to pay to the Association the following
assessments (collectively the "Assessments" or 'Assessment") -
(a) Annual Assessments,
(b) Special Assessments;
(c) Insurance Assessments;
(d) Ad Valorem Tax Assessments;
(a) Working Capital Assessments, and
(f) Individual Assessments
The Assessments, together with interest, costs and Reasonable Attorneys' Fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the Assessments are made Each such Assessment, together with
interest, costs and Reasonable Attorneys' Fees, shall also be the personal obligation of
the Person who was the Owner of such Lot at the time when the Assessment fell due
The personal obligation for delinquent Assessments shall not pass to the Owner's
successors in title unless expressly assumed by them.
SECTION 2. Puroose of Annual Assessments. The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation, health, safety
and welfare of the Owners and residents of the Planned Community and for the
maintenance, repair, improvement and replacement of the Common Elements and any
Limited Common Elements The funds arising from said assessments or charges, may
be used for any or all of the following purposes: operation, maintenance and
improvement of the Common Elements and any Limited Common Elements, including
payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal
and accounting fees and governmental charges, establishing and funding reserve
accounts, establishing working capital, paying dues and assessments to any
organization or Master Association or other association of which the Association is a
member, and in addition, doing any other things necessary or desirable as determined
by the Executive Board to keep the Common Elements and Limited Common Elements
in good operating order and repair
SECTION 3 Annual Assessments The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year of the
Association. Within 30 days after adoption of the proposed budget for the Planned
Community, the Executive Board shall provide to all of the Lot Owners a summary of
the budget and notice of a meeting to consider its ratification, including a statement that
the budget may be ratified without a quorum The budget is ratified unless at the
meeting a majority of all of the Lot Owners in the Association rejects the budget In the
event the proposed budget is rejected, the periodic budget last rated by the Lot
Owners shall be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board The Annual Assessment for each Lot shall be
established based on the annual budget thus adopted, provided, however, that the first
Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot
to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall
become due and payable shall be established by the Executive Board. The Executive
Board shall have the authority to require the Assessments to be paid in periodic
installments. The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the
Assessments on a specified Lot have been paid
SECTION 4 Special Assessments In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes.
(a) To defray, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any
Limited Common Elements, including fixtures and personal property related thereto,
provided that any such Special Assessment shall have the assent of two-thirds (2/3) of
the Members of each class who are voting in person or by proxy at a meeting duly
called for this purpose Written notice of any meeting of Owners called for the purpose
of approving such Special Assessment shall be sent to all Members not less than ten
(10) days or more than sixty (60) days in advance of the meeting
(b) Without a vote of the Members, to provide funds to reimburse the
Declarant as provided for in Article III, Section 5, hereof.
SECTION 5 Insurance Assessments All premiums on insurance policies
purchased by the Executive Board or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense, and the Association may at any
time levy against the Owners equally an "Insurance Assessment", in addition to the
Annual Assessments, which shall be in an amount sufficient to pay the cost of all such
deductibles and insurance premiums not included as a component of the Annual
Assessment
SECTION 6. Ad Valorem Tax Assessments All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may at
any time of year levy against the Owners equally an 'Ad Valorem Tax Assessment", in
addition to the Annual Assessments, which shall be in an amount sufficient to pay ad
valorem taxes not Included as a component of the Annual Assessment
SECTION 7 Working Capital Assessments. Upon acquisition of record title to a
Lot by the first Owner other than the Declarant or a Builder, such first Owner shall pay
the sum of $200.00 to the Association as working capital to be used for operating and
capital expenses of the Association. Such amounts paid for working capital are not to
be considered as advance payment of the Annual or any other Assessments
SECTION 8 Individual Assessments In addition to the other Assessments set
forth in this Article IV, the Executive Board may levy an Individual Assessment against
specific Lot(s) for the following purposes:
(a) For the payment of Limited Common Expenses associated with the
maintenance, repair, or replacement of a Limited Common element against the Lot or
Lots to which the Limited Common Element is assigned.
(b) For the payment of any Common Expenses which are designated to
benefit specific Lot(s).
(c) For the payment of those amounts levied against any Lot owned by an
Owner under Article VIII, Sections 2(a) and (b) and Article Vl, Section 4
SECTION 9. Rate of Assessment All Assessments except Individual
Assessments shall be levied at a uniform rate against all Lots
SECTION 10. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant. The
Declarant shall not be required to pay Assessments
SECTION 11 Effect Of Nonoavment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable by law
or at any other interest rate adopted by the Executive Board. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose
the lien against the Owners Lot. The Association may collect Reasonable Attorneys'
Fees from any Owner for attorneys fees incurred by the Associabon as a result of any
Owner's failure to timely pay any Assessment or installment thereof No Owner may
waive or otherwise escape liability for the Assessments provided for herein by non-use
of the Common Elements or abandonment of his Lot. All unpaid installment payments
of Assessments shall become immediately due and payable If an Owner fails to pay
any installment within the time permitted The Association may also establish and
collect late fees for delinquent installments
SECTION 12 Lien for Assessments. The Association may file a lien against a
Lot when any Assessment levied against said Lot remains unpaid for a period of 30
days or longer.
(a) The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the
General Statutes. Fees, charges, late charges, fines, Interest, and other charges
imposed pursuant to Sections 47F-3-102,47F-3-107,47F-3-1071 and 47F-3-115 of the
Act are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on
a Lot except (Q liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien
in the office of the Clerk of Superior Court, and (n) hens for real estate taxes and other
governmental assessments and charges against the Lot
(c) The hen for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three years after the docketing of the claim of lien
in the office of the Clerk of Superior Court
(d) Any judgment, decree, or order in any action brought under this section
shall include costs and Reasonable Attorneys' Fees for the prevailing party
(a) Where the holder of a first mortgage or deed of trust of record, or other
Purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such Purchaser and its heirs, successors and assigns shall not be
liable for the Assessments against the Lot which became due prior to the acquisition of
title to the Lot by such Purchaser The unpaid Assessments shall be deemed to be
Common Expenses collectible from all of the Lot Owners including such Purchaser, its
heirs, successors and assigns
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
In addition to any and all other rights, powers and privileges reserved to the
Declarant in this Declaration, the Declarant shall have, and there are hereby reserved
to the Dedarant, as part of the Special Declarant Rights defined in Section 21, Article I
of this Declaration, the following rights, powers and privileges
SECTION 1. The Architectural Control Committee/Executive Board. All duties
and responsibilities conferred upon the Architectural Control Committee by this
Declaration or the Bylaws of the Association shall be exercised and performed by the
Declarant or its designee, so long as Declarant shall own any Lot within the Property,
any Additional Property, or the Planned Community. The Declarant shall be entitled
during the Declarant Control Period to appoint and remove the officers of the
Association and members of the Executive Board.
SECTION 2. Plan of Planned Community The right to change, alter or
redesignate the allocated planned, platted, or recorded use or designation of any of the
lands constituting the Planned Community including, but not limited to, the right to
change, after or re -designate road, utility and drainage facilities and easements and to
charge, after or re -designate such other present and proposed amenities, Common
Elements, or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable The rights reserved in this Section specifically include, but are
not limited to, the right of the Dedarant to redesignate, change or after any platted
Lot(s) into road(s) The Declarant hereby expressly reserves unto itself, its successors
and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any
subdivision of the Property or Additional Property in order to create one or more
modified Lots, to further subdivide tracts or Lots shown on any such subdivision plat
into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to
create a larger tract or Lot (any Lot resulting from such recombination shall be treated
as one Lot for purposes of Assessments), to eliminate from this Declaration or any plats
of the Planned Community Lots that are not otherwise buildable or are needed or
desired by Declarant for access or are needed or desired by Declarant for use as public
or private roads or access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, Common Elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a budding site,
access area, roadway or Common Elements. The Declarant need not develop, or
develop in any particular manner, any lands now owned or hereafter acquired by the
Declarant, including any lands shown on plats of the Planned Community as "Future
Development" Any such lands shall not be subject to this Declaration unless Declarant
expressly subjects them hereto by filing of a supplemental declaration in the Register of
Deeds office of the county where the Planned Community is located Declarant is
required by DWQ to state herein the maximum allowed built -upon area for all lots which
Declarant has planned to develop within the Planned Community By listing the
maximum built -upon area herein for all such lots, Declarant does not obligate itself to
develop in any particular manner or for any particular uses any lands now owned or
hereinafter acquired by Declarant which are not shown as Lots on the recorded Plat, or
which are not shown as Lots on any subsequently recorded plats showing Lots that are
made part of the Planned Community
SECTION 3 Amendment of Declaration by the Declarant. This Declaration may
be amended by the Declarant without approval of the Members or the Board of the
Association, as the case may be, as follows:
10
(a) In any respect, prior to the sale of the first Lot
(b) To the extent this Declaration applies to Additional Property.
(c) To correct any obvious error or inconsistency in drafting, typing or
reproduction
(d) To qualify the Association or the Property and Additional Property, or any
portion thereof, for tax-exempt status
(e) To Incorporate or reflect any platting change as permitted by this Article or
otherwise permitted under this Declaration
(f) To accomplish the purposes of Article V, Section 2 above
(g) To conform, by amendment or otherwise, this Declaration to the
requirements of any law or governmental agency having legal jurisdiction over the
Property or any Additional Property or to qualify the Property or any Additional Property
or any Lots and improvements thereon for mortgage or improvement bans made,
insured or guaranteed by a governmental agency or to comply with the requirements of
law or regulations of any corporation or agency belonging to, sponsored by, or under
the substantial control of the United States Government or the State of North Carolina,
regarding purchase or sale of such Lots and improvements, or mortgage interests
therein, as well as any other law or regulation relating to the control of property,
including, without limitation, ecological controls, construction standards, aesthetics, and
matters affecting the public health, safety and general welfare A letter from an official
of any such corporation or agency, including, without limitation, the Department of
Veterans Affairs, U S. Department of Housing and Urban Development, the Federal
Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the
Federal National Mortgage Association, requesting or suggesting an amendment
necessary to comply with the requirements of such corporation or agency shall be
sufficient evidence of the approval of such corporation or agency, provided that the
changes made substantially conform to such request or suggestion. The Declarant may
at any time amend this Declaration to change the maximum allowable built -upon area
as permitted by DENR Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control Period, shall be entitled to amend this
Declaration pursuant to this Section
SECTION 4 Annexation of Additional Properly. Declarant may annex to and
make a part of the Planned Community any Additional Property without the consent of
the Association or any Lot Owners. Except for the annexation of Additional Property by
the Declarant, the annexation of Additional Property to the Planned Community shall
require the assent of the Owners of Lots to which at least sixty-seven percent (67%) of
the votes of the Class A Members who are voting in person or by proxy at a meeting
called for this purpose are allocated, provided, however, Additional Property may be
annexed to the Planned Community by the Declarant or any assignee of Special
Declarant Rights without the assent of the Owners of Lots so long as the Additional
Property is used for residential purposes, roads, utilities, drainage facilities, amenities,
landscape areas, and other facilities not Inconsistent with residential developments
Subdivisions or Planned Communities formed from Additional Property need not have
the same name as prior portions of the Planned Community
I
ARTICLE VI
USE RESTRICTIONS ARCHITECTURAL CONTROL AND MAINTENANCE
SECTION 1 Approval of Plans for Buildina and Site Improvements No dwelling,
wall or other stricture shall be commenced, erected, or maintained upon any Lot, nor
shall any exterior addition to or change in or alteration therein (including painting or
repainting of exterior surfaces) be made until the plans and specifications showing the
nature, kind, shape, heights, materials, colors and location of the same shall have been
submitted to and approved in writing as to harmony of external design and location in
relation to surrounding structures and topography by the Architectural Control
Committee If the Architectural Control Committee fads to approve or disapprove such
design and location within thirty (30) days after said plans and specifications have been
submitted to it, approval will not be required and full compliance with this Article will be
deemed to have occurred . Refusal or approval of any such plans, location or
specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the
Architectural Control Committee shall be deemed sufficient. One copy of all plans and
related data shall be furnished to the Architectural Control Committee for its records
The Architectural Control 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
SECTION 2 Minimum Standards for Site Improvements
(a) Each dwelling shall have a minimum of one thousand eight hundred
(1,800) square feet of enclosed, heated dwelling area; provided, however, the
Architectural Control Committee may permit a dwelling to have a minimum of one
thousand four hundred (1,400) square feet if the Committee in its sole discretion finds
that the variance will not adversely impact property values within the Planned
Community. The tens "enclosed, heated dwelling area" shall mean the total enclosed
area within a dwelling which is heated by a common heating system; provided,
however, that such term does not include garages, terraces, decks, opentscxeened
porches, and like areas.
(b) Since the establishment of Inflexible building setback lines for location of
houses on Lots tends to form construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be
established by this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling
or other structure upon any Lot shall be controlled by and must be approved absolutely
by the Architectural Control Committee, provided, however, that no structure shall be
constructed closer to a Lot line than is permitted by applicable governmental
regulations.
(c) The exterior of all dwellings and other structures must be completed within
twelve (12) months after the constriction of same shall have commenced, except
where such completion is impossible or would result in great hardship to the Owner or
builder, due to strikes, fires, national emergency, natural calamities, or the complexity of
design and construction
(d) All service utilities, fuel tanks, and wood piles are to be enclosed within a
wall or plant screen of a type and size approved by the Architectural Control Committee
so as to preclude the same from causing an unsightly view from any highway, street or
way within the Planned Community, or from any other residence within the Planned
Community. All mail and newspaper boxes shall be uniform in design Design of mail
and newspaper boxes shall be furnished by the Developer, Association, or Architectural
Control Committee No fences shall be permitted unless the design, placement, and
12
matenals of any fence are approved by the Architectural Control Committee
Clotheslines are not permitted on any Lot.
(e) Off-street parking for not less than two (2) passenger automobiles must
be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot,
which parking areas and the driveways thereto shall be constructed of concrete, brick,
asphalt, or turf stone, or any other material approved by the Architectural Control
Committee
(f) All light bulbs or other lights installed in any fixture located on the exterior
of any building or any Lot for the purpose of illumination shall be dear, white or
non -frosted lights or bulbs
SECTION 3 Use Restrictions
(a) Land Use And Buildino Tvce No Lot shall be used for any purpose except
for residential purposes, subject, however, to the rights of the Declarant contained
herein. All Lots are restricted for construction of one single family dwelling (plus, a
detached garage, K there is not one attached to the residence, and such other
accessory buildings as may be approved by the Architectural Control Committee)
(b) Nuisances. No noxious or offensive activity shall be camed on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof It shall be the responsibility of each
Owner to prevent the development of any unclean, unsightly or unkept condition of
buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the
neighborhood as a whole or the specific area
(c) Temporary Structures. No structure of a temporary character, trader,
basement, tent, shack, garage, shed, barn or other outbuilding shall be used on any Lot
any time as a residence either temporarily or permanently without the written consent of
the Architectural Control Committee.
(d) Vehicles/Boats No boat, motor boat, personal water craft, camper, trailer,
motor or mobile homes, tractorArailer, construction equipment or similar type
vehicle/equipment, shall be permitted to remain on any Lot or on any street at any time,
without the written consent of the Executive Board. No inoperable vehicle or vehicle
without current registration and insurance will be permitted on any Lot, street or
Common Element All lawn maintenance equipment shall be stored when not in use, in
a method so as not to be visible from the street The Association shall have the right to
have all such vehicles, boats, or equipment towed away or removed at the Owner's
expense No repairs to any vehicle may be made on streets or in driveways but only in
garages or other areas and not visible from the street
(a) Animals No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that domesticated dogs, domesticated
cats or other household pets may be kept or maintained provided that they are not kept
or maintained for commercial purposes and provided further that they are not allowed to
run free, are at all times kept properly leashed or under the control of their owner and
do not become a nuisance
(f) TV Satellite Dishes and Outside Antennas No TV satellite signal receiving
dishes are permitted on any Lot and no outside radio or television antennas shall be
erected on any Lot or dwelling unit unless and until permission for the same has been
granted by the Architectural Control Committee; provided, however, satellite dishes not
over 18" in diameter which cannot be seen from the street are permitted.
13
(g) Construction in Common Elements No Person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Executive Board
(h) Signs. No signs (including 'for sale" or "for rent" signs), other than political
signs (as defined in N.0 G S.§47F-3-121), shall be permitted on any Lot or in the
Common Elements without permission of the Executive Board, provided, however, the
Declarant may, so long as Declarant owns any Lot, maintain for sale signs on
Declarant's Lots and maintain signs on the Common Elements advertising the Planned
Community.
(i) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written consent
of the Declarant during the Declarant Control Period and thereafter by the Executive
Board.
Q) Flags/Statuary No flags, outdoor statuary or other decorative objects may
be placed on any Lot unless and until permission for the same has been granted by the
Architectural Control Committee Notwithstanding any other provision In this
Section, either the American Flag or the North Carolina flag having the maximum
dimensions of four feet by six feet (4'x6') may be flown on a pole no longer than 5
feet 6 Inches from a pole holder attached to the home In an approved location
which can be reached by hand from the ground below so as to be easily Installed
and removed. No flagpoles shall be Installed in any other locations on any Lot.
Flags will be displayed in accordance with traditional rules and patriotic customs set
forth in 4 U.S.C. %540, as amended, governing the display and use of the American
Flag. The Association may display the American Flag or the North Carolina flag from
flagpoles or otherwise on any Common Element
SECTION 4. Maintenance Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects All structures shall be kept
neat and in good condition and repair All shrubs, trees, grass and plantings shall be
kept neatly trimmed and properly cultivated. In the event that any maintenance activities
are necessitated to any Common or Limited Common Element by the willful act or
active or passive negligence of any Owner, his family, guests, invrtees or tenants, and
the cost of such maintenance, repair or other activity is not fully covered by insurance,
then, at the sole discretion of the Executive Board, the cost of the same shall be the
personal obligation of the Owner and it not paid to the Association upon demand, may
be added to and become an Individual Assessment levied against said Owner's Lot
ARTICLE VII
STORMWATER PERMITIFACILITIES
SECTION 1 Stormwater Permit The Association and each of its Members
agree that at any time after (i) all work required under the Stormwater Permit has been
completed (other than operation and maintenance activities), and (it) the Developer is
not prohibited under DENR regulations from transferring the Stormwater Permit for the
Planned Community to the Association, the Association will cause its officers, without
any vote or approval of Lot Owners, and within 10 days after being requested to do so,
to sign all documents required by DENR for the Stormwater Permit to be transferred to
the Association and will accept a deed conveying such facilities to the Association (if
not already deeded); provided, however, that at the time the Developer requests that
the Association accept transfer of the Stormwater Permit, the Developer has delivered
to the Association a certificate from an engineer licensed in the State of North Carolina,
dated no more than forty-five (45) days before the date of the request, that all
stormwater retention ponds, swales and related facilities are constructed in accordance
with the plans and specifications therefor If the Association fails to cause the
14
documents required by this paragraph to be signed by its officers or to accept a deed
conveying such facilities, the Developer shall be entitled to specific performance in the
courts of North Carolina requiring that the Association's officers sign all documents
necessary for the Stormwater Permit to be transferred to the Association and accept a
deed conveying such facilities to the Association. Failure of the Association's officers to
sign as provided herein shall not relieve the Association of its obligations to operate and
maintain the stormwater facilities covered by the Stormwater Permit.
SECTION 2 Stormwater Facilities Operation and Maintenance Any stormwater
retention ponds and related facilities for the Planned Community which have or are to
be constructed by or on behalf of Declarant constitute Common Elements and, subject
only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and
expense, is responsible for the operation and maintenance of such facilities. Such
operation and maintenance shall include, but not be limited to, compliance with all of
the terms and obtaining any renewals of the Stormwater Permit. Except as provided in
Section 3 of this Article VI I, the Association shall Indemnify and hold harmless the
Developer from any obligations and costs under the Stormwater Permit for operation
and maintenance of the stormwater retention ponds and related facilities.
SECTION 3. Damage to Stormwater Facilities The Declarant shall, at its sole
cost and expense, be responsible for repairing any damage to stormwater facilities
caused by the Developer's development activities The Developer shall not be
responsible for damages to stormwater retention ponds and related facilities caused by
any other cause whatsoever, including but not limited to construction of residences or
other activities by Owners, their agents and contractors, upon their Lots, acts of God, or
the negligence of others Lot Owners shall be responsible for damages to such
stormwater facilities caused by construction of buildings or other activities upon the
Owner's Lot. Each Owner, shall within thirty (30) days after receipt of notice of damage
to stormwater facilities, repair the damage at the Owner's sole cost and expense to
return them to the state required by the stormwater plans and specifications for the
Planned Community. If the Lot Owner fails to do so within said thirty (30) day period,
the Association shall perform the work and the cost of the work shall be added to the
Annual Assessment due from the Lot Owner or assessed against such Owner and his
Lot as an Individual Assessment.
SECTION 4. Enforcement Of Stormwater Runoff Regulations
(a) The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 120911, as issued by the North
Carolina Division of Water Quality under the Stormwater Management Regulations
(b) The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all Persons
and parties claiming under them
(d) The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water
Quality
(e) Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the Division of Water Quality.
(f) The maximum allowable built -upon area per Lot is 3500 square feet. This
allotted amount includes any built -upon area constructed within the Lot property
boundaries, and that portion of the fight -of -way between the front Lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
15
concrete, gravel, bnck, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools
(g) All runoff from the built -upon areas on the Lot must drain into the
permitted system This may be accomplished through providing roof drain gutters,
which drain to the pond or street, grading the Lot to drain toward the street or directly
into the pond, or grading perimeter swales and directing them into the pond or street.
(h) Buiit-upon area in excess of the permitted amount will require a permit
modification
(i) All affected Lots shall maintain a 50' wide vegetative buffer adjacent to
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean
high water line of tidal waters
Q) Any individual or entity found to be in noncompliance with the provisions
of a stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in N.0 G S. Chapter 143, Article 21
(k) If permeable pavement BUA credit is requested, the property Owner must
submit a request, with supporting documentation, to the permitlee and receive approval
prior to construction
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1 Lots Subiect to Declaration. The covenants and restrictions
contained In this Declaration are for the purpose of protecting the value and desirability
of the Planned Community and the Lots. All present and future Owners, tenants and
occupants of Lots and their guests or invitees, shall be subject to, and shall comply with
the provisions of the Declaration, and as the Declaration may be amended from time to
time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such Owner, tenant or occupant The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any Person having at anytime any interest or estate in any Lot, their heirs,
successors and assigns, as though such provisions were made a part of each and
every deed of conveyance or lease, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for
successive penods of ten (10) years, unless terminated by the Lot Owners
SECTION 2 Enforcement and Remedies The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns. The Association shall be entitled to
enforce its Articles of Incorporation, Bylaws, and rules and regulations and this
Declaration and to collect from any Owner the Reasonable Attorneys' Fees incurred by
Association in enforcing the same. In addition to the remedies otherwise provided for
herein concerning the collection of Assessments, the following remedies shall be
available
(a) Association to Remedy Violation. In the event an Owner (or other
occupant of a Lot) is in violation of or fails to perform any maintenance or other
activities required by this Declaration, the Association's Bylaws, Articles of
Incorporation, or rules and regulations, the Executive Board, after thirty (30) days'
16
notice, may enter upon the Lot and remedy the violation or perform the required
maintenance or other activities, all at the expense of the Owner The full amount of the
cost of remedying the violation or performing such maintenance or other activities shall
be chargeable to the Lot, including collection costs and Reasonable Attorneys' Fees
Such amounts shall be due and payable within thirty (30) days after Owner is billed If
not paid within said thirty (30) day period, the amount thereof may immediately be
added to and become an Individual Assessment levied against said Owner's Lot In the
event that any maintenance activities are necessitated to any Common Elements or
Limited Common Elements by the willful act or active or passive negligence of any
Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair
or other activity Is not fully covered by insurance, then, at the sole discretion of the
Executive Board, the cost of the same shall be the personal obligation of the Owner
and if not paid to the Association upon demand, may immediately be added to and
become an Individual Assessment levied against said Owner's Lot.
(b) Fines The Association may, in accordance with the procedures set forth
in the Act, establish a schedule of and collect fines for the violation of this Declaration
or of the Association's Articles of Incorporation, Bylaws or rules and regulations If an
Owner does not pay the fine when due, the fine shall immediately become an Individual
Assessment against the Owner's Lot and may be enforced by the Association as all
other Assessments provided for herein.
(c) Suspension of Services and Privileges The Association may, in
accordance with the procedures set forth in the Act suspend all services and privileges
provided by the Association to an Owner (other than rights of access to Lots) for any
period during which any Assessments against the Owner's Lot remain unpaid for at
least thirty (30) days or for any period that the Owner or the Owners Lot is otherwise in
violation of this Declaration or the Association's Articles of Incorporation, Bylaws, or
rules and regulations
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. The remedies provided herein are cumulative
and are in addition to any other remedies provided by law.
ARTICLE IX.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders Any institutional holder of a
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of
the Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal year,
(c) receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any
condemnation or casualty loss that affects either a material portion of the Planned
Community or the property securing its loan, (e) receive written notice of any sooty -day
(60) delinquency in the payment of Assessments or charges owed by any Owner of any
Lot which is security for the ban, (f) receive written notice of a lapse, cancellation, or
material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the consent
of a specified percentage of mortgage holders, and (h) be furnished with a copy of any
master insurance policy.
SECTION 2 Utility Service Declarant reserves the nght to subject the Property
or any Additional Property to contracts for the installation of utilities, cable TV and street
lighting, which may require an initial payment and/or a continuing monthly payment by
the Owner of each Lot, including but not limited to, a contract with Progress Energy
Carolinas Inc , or its successor in interest, for the installation of street lighting which
17
requires a continuing monthly payment to Progress Energy Carolinas, Inc., or its
successor in interest, by the Owner of each Lot. Each Lot Owner will be required to pay
for any water connections, sewer connections, Impact fees or any other charges
imposed by any entity furnishing water, sewer or other utility service to the Logs). In the
alternative, the Declarant may collect such connection, impact and other fees, and
charges directly from the Lot Owners. All Lot Owners shall be required, for household
purposes, to use water and sewer supplied by the oompanies/govemmental units
servicing the Planned Community. Separate water systems for outside irrigation and
other outdoor uses shall not be permitted without the consent of the Architectural
Control Committee.
SECTION 3 Severabil ty. Invalidation of anyone of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which
shall remain in full force and effect.
SECTION 4. Amendment of Declaration. Except in cases of amendments that
may be executed by the Declarant as provided by this Declaration or by certain Lot
Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by
affirmative vote or written agreement signed by Owners of Lots to which at least
sixty-seven percent (67%) of the votes in the Association are allocated, or by the
Declarant if necessary for the exercise of any Special Declarant Right or any other
development right reserved to the Declarant herein.
SECTION 5. Conflict. In the event of a coMlict between the provisions of this
Declaration and the Bylaws of the Association, this Declaration shall prevail, except to
the extent this Declaration is inconsistent with the Act.
SECTION 6. North Carolina Planned Community Act. It Is the Intent of the
Declarant to comply with the requirements imposed on the Planned Community by the
Act and to the extent any of the terms of this Declaration violate the Act, the terms of the
Act shall control.
SECTION 7. Gender and Number. As used in this Declaration, the masculine,
feminine and neuter gender, and the singular and plural numbers, whenever the context
requires or permits, shall each be deemed to Include the other genders or numbers
respectively.
SECTIONS. Captions. The captions in this Declaration are inserted only as a
matter of convenience and for reference and they in no way define, limit or describe the
scope of this Declaration or the intent of any provision hereof.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed
In its company name by its Manager, pursuant to authority duly given by Its Members,
as of the day and year first above written.
WFDC, LLC
BY: /V1/0
William H. Cameron, Manager
18
STATE OF NORTH CAROLINA
COUNTYOF Qow Vka.oger
I, 1-=n x.j6"o Oo , a Notary Public of tJ ew Eio.noder
County, North Carolina, certify that WILLIAM H. CAMERON personally came before me
this day and acknowledged that he is the Manager of W FDC, LLC, a manager -
managed limited liability company, and that he, as Manager, being authorized to do so,
executed the foregoing on behalf of said limited liability company.
Witness my hand and official stamp or seal, this the �y K day of April, 2013.
�O F�
NOTARY
�y�,,PUBLIC`
Notary Public
Print Name: o S. nrd�e
My commission expires: 14 -11-t6
19
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
• tf 1H f t f Rf f f 1HRHRH1f f .............
f HffHitfffttf NHtfttfHHf ftfff RH1HfMf Hltttf f tf HNftfHf fRtf f f f HHRHf f
Filed For Registration: 04125f201312:15:18 PM
Book: RE 6731 Page: 67-87
Document No.: 2013014740
21 PGS $46.00
Recorder: HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2013014740*
2013014740
JEqJUL 0 5 2013
III I III III III II III I I I I II FDR REGIST RRTIDM REGIST jj�� OF DEEDS
TRMMY THEUSCH BERSLEO'ih
2013HAl 21 12:11:54 PM-��
2013022682 BK:5747 PGA10-1812 FEE126.00
IhlSiRU�EPJi # 2013�22682
Prepared by and Return to: Morgan & Carter. PLLC
PO Drawer 59, Wilmington, NC 28402
NORTH CAROLINA AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
NEW HANOVER COUNTY FOR LANTANA CROSSING
ANNEXING PHASE TWO
THIS AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASE
TWO ("Declaration of Annexation") is made as of the%day of 12013 by
WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant."
WITNLSSETH:
WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions
and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry
(the "Declaration'); and
WHEREAS, SECTIONS 3 and 4 of Article V of the Declaration provide that
Declarant may annex additional land into Lantana Crossing and subject those properties to the
provisions of the Declaration; and
WHEREAS, the Declarant has developed Additional Land designated as Lantana
Crossing Phase Two which the Declarant wishes to be annexed into Lantana Crossing Subdivision
and made subject to the Declaration.
NOW, THEREFORE, Declarant hereby declares that the real property described
below shall be held, sold and conveyed subject to the following casements, restrictions, covenants
and conditions, which are for the purpose of protecting the value and desirability of such property
and adjacent properties now or formerly owned by Declarant. These easements, restrictions,
covenants and conditions shall run with the property described herein and be binding on all parties
now or hereafter having any right, title or interest in such property or any part hereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
Except as hereafter provided, all defined terms used in this Declaration of
Annexation shall have the meaning given such terms in the Declaration.
2. Declarant hereby subjects the following described property to the terms of
the Declaration (except as such terns are specifically varied in this Declaration of Annexation).
All of that land shown on the plat entitled "Lantana Crossing
Phase Two", which plat is recorded in Map Book - Page
1 g , of the New Hanover County Registry, reference to
which map is hereby made for a more particular description.
Except as otherwise specifically provided herein, all terms, conditions and
provisions of the Declaration shall apply as to the property annexed herein.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be
signed in its company name by its Manager, pursuant to authority duly given by its Members, as of
the day and year first above written.
WFDC,LLC /
William I-1. Cameron, Manager
STATE OF NORTH CAROLINA
COUNTY OF
1, o,n I, ra :S —:;�c.r4. -- , a Notary Public of N+- Z> County,
North Carolina, certify that WILLIAM I-1. CAMERON personally came before me this day and
acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability
company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of
said limited liability company.
Witness my hand and official stanmp or seal, this time a I A day of20 13
Pq
�P
�O G�
F�
NOTARY —
Z PUBLIC =
L) c,
Notary %fic
Print Name:
My commission expires: 44 - 11 -1 to
v4
R
.
i
.1
r
V11%I1SIi S�
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 06/21/2013 12:11:54 PM
Book: RE 5747 Page: 1810-1812
Document No.: 2013022682
3 PGS $26.00
Recorder: HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2013022682*
2013022682
NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE (910)-798-7139 Beth E. Wetherill, C.P.E.S.C.
Fax (910) 798-7051 Soil Erosion Specialist
ECEOVE
April 29, 2013
J� 1 � 611/ I� BY: MAY 01 2013
�
WFDC LLC )
P.O. Box 3649,
Wilmington, North Carolina 28406
CERTIFIED
RE: Notice of Violation of Land Disturbing Activity
Grading Permit Number: 20-12, Wildflower Subdivision
Address: Albemarle Drive/Sturbridge Drive
Location/Description of Violation(s): Land disturbing activity has taken place
outside the approved limits of disturbance on an existing swale adjacent to Pond
# 1. The Swale was immediately re -graded and lined with excelsior mat to prevent
further damages.
Dear Mr. William H. Cameron:
This letter constitutes a Notice of Violation of Section(s) 23-237 (4), Section 23-248
(b), Section 23-248 (i) and Section 23-248 6) of New Hanover County's Soil Erosion and
Sedimentation Control Ordinance. Please refer to Section 23-250 (b), Section 23-251
(a)(1), Section 23-251 (a)(2), Section 23-251 (a)(3), Section 23-251 (a) (4), Section 23-251
(b), Section 23-252 (a) and Section 23-252 (b) for penalties prescribed by this ordinance
and information on corrective measures and time(s) to comply.
Section 23-237 Mandatory standards for land disturbing activity
No land disturbing activity subject to the control of this Article shall be undertaken except
in accordance with the following mandatory standards:
(4) Prior plan approval. No person shall initiate any land disturbing activity that will
disturb more than one acre on a tract unless 30 or more days prior to initiating the
activity, an erosion and sedimentation control Plan must be both filed with and approved
by the county. Once a plan has been approved, the land disturbing activity must be
conducted in accordance with the plan and permit conditions. The county shall forward
to the Director of the Division of Water Quality a copy of each erosion and sedimentation
control plan for a land disturbing activity that involves the utilization of ditches for the
purpose of dewatering or lowering the water table of the tract.
Section 23-248 Erosion and sedimentation control plans
(b) Persons conducting land disturbing activity on a tract which covers one or more
areas shall file three copies of the erosion control plan with the county at least 30 days
prior to beginning such activity and shall keep another copy of the approved plan and a
posted copy of the permit at the job entrance, or on the job site before construction
begins. No land disturbing activity is allowed until both the land disturbing permit and, if
applicable, a County Stormwater ATC permit has been approved. After approving the
Plan, if the county either upon review of such plan or inspection-ofthejob-site,
determines that a significant risk of accelerated erosion or offsite sedimentation exists or
if design changes have been made to the original plan, the county will require a revised
Plan. Pending the preparation of the revised plan, work shall cease or shall continue
under conditions outlined by the approved plan and/or appropriate regulatory authority.
(i) Applications for amendment of an erosion control plan in written and/or graphic form
may be made at any time under the same conditions as the original application. Until
such time as said amendment is approved by the county, the land disturbing activity
shall not proceed except in accordance with the erosion control plan as originally
approved.
0) Any person engaged in land disturbing activity who fails to file a Plan in accordance
with the Ordinance or who conducts a land disturbing activity except in accordance with
provisions of an approved Plan and/or the permit conditions shall be deemed in violation
of this article.
Section 23-250 Inspections and investigations
(b) If through inspection it is determined that a person engaged in land disturbing activity
has failed;to comply with the•Act, this Ordinance; or rules or orders adopted or issued
pursuant to this Ordinance, or has failed to comply with an approved Plan or permit
conditions, a notice of violation shall be served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice. The notice shall set forth
the measures necessary to achieve compliance with the Plan, specify a reasonable time
period within which such measures must be completed, and warn that failure to correct
the violation within the time period will result in additional civil and criminal penalties for
a continuing violation. However, no time period for compliance need be given for failure
to submit an erosion control Plan for approval or for obstructing, hampering or interfering
with an authorized representative while in the process of carrying out his official duties.
If the person engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated.
Section 23-251 Penalties
(a) Civil penalties.
(1) Any person who violates any of the provisions of this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, or order adopted or issued
pursuant to this Ordinance or the Act by the commission, or who initiates or
continues a land disturbing activity for which an erosion control Plan is required
except in accordance with the terms, conditions, and provisions of an approved
plan, shall be subject to a civil penalty. The maximum civil penalty for a violation
is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the
violation. Each day of a continuing violation shall constitute a separate violation.
The person alleged to be in violation will be notified of the violation by registered or
certified mail; return receipt requested or other means reasonably calculated to
give actual notice. The notice shall describe the violation with reasonable
particularity, specify a reasonable time period within which the violation must be
corrected, and warn that failure to correct the violation within the time period will
result in the assessment of a civil penalty or other enforcement action. If, after the
allotted time period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the date of the notice of violation. However, no
time period for compliance need be given for failure to submit an erosion control
Plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties.
(2) The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing
the penalty. In determining the amount of the penalty the County Manager or his
designee shall consider the degree and extent of harm caused by the violation and
the cost of rectifying the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the prior record
of the violator in complying or failing to comply with this article and shall direct the
violator to either pay the assessment or contest the assessment within 30 days
after the receipt of the notice of assessment, by filing a petition for a contested case
in -the -Office -of -Administrative Hearing in accordance with Article 3. of Chapter
150B of the General Statutes. Notice of the assessment shall be by registered or
certified mail or other means reasonably calculated to give actual notice.
(3) Any appeals from the determination of the Office of Administrative Hearing
shall be made by the Secretary of the Department of Environment and Natural
Resources in accordance with Articles 3 and 4 of Chapter 150B of the General
Statutes. Appeal from the final decision of the Secretary of the Department shall be
to the Superior Court of the county where the violation occurred. Such appeals
must be made within 30 days of the final decision of the Secretary of the
Department of Environment and Natural Resources. If payment is not received or
equitable settlement reached within 30 days after demand for payment is made, the
matter shall be referred to the county attorney for institution of a civil action in the
name of the county in the appropriate division of the general courts of justice for
recovery of the penalty. A civil action must be filed within three years of the date
the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is
due at the conclusion of the administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this article shall be credited to the general
fund of the county as nontax revenue.
(b) Criminal Penalties Any person who knowingly or willfully violates any provision
of this article, or rule or order adopted or issued pursuant to this article, or who
knowingly or willfully initiates or continues a land disturbing activity for which an
erosion control plan is required except in accordance with terms, conditions, and
provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which
may include a fine not to exceed $5,000.00 per calendar day.
Section 23-252 Injunctive relief
(a) Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or proceeding
authorized by this article, institute a civil action in the name of the county, for injunctive
relief to restrain the violation or threatened violation. The action shall be brought in the
superior court of the county.
(b) Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to abate the violation
to ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any party to
such proceedings from any civil or criminal penalty prescribed for violations of this article.
Corrective measure(s) needed and Time to Comply: Within 20 working days of receipt
of this notice submit revised plans for a land disturbing permit. It appears this work is on
an adjacent property. Please also submit a copy of the deed and notarized permission
from the property owner allowing this activity.
These types of violations can be assessed civil penalties in the amount of $5,000 per day.
If the deadlines for corrective measures are not met, civil penalties may be assessed from
the date of the violation, so it is imperative that corrective action be initiated as soon as
practicable. Once the alternative measure to treat the turbid discharge has been approved
and installed, you may have the opportunity to appeal any assessment that may be
issued. You can contact me at (910) 798-7139 regarding the required compliance action
or to request an appeal of this Notice of Violation once all repairs have been made onsite
and/or the plans have been approved.
F.
Sincerely,
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Tim Burgess, Assistant County Manager
Jim Iannucci, P.E., County Engineer
Kemp Burpeau, NHC Deputy County Attorney
Charles Smith, NHC Public Information
Sam Burgess, NHC Planning
VJo Casmer, NCDENR Water Quality
NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
230 Government Center Drive • Suite 160
96 Wilmington, North Carolina 28403
�l TELEPHONE (910)-798-7139 Beth E. Wetherill, C.P.E.S.C.
5� Fax (910) 798-7051 Sod Erosion Specialist
April 1, 2013
WFDC LLC
P.O. Box 3649,
Wilmington, North Carolina 28406
EGEIVE
APR 03 208 -
BV:
CERTIFIED
RE: Notice of Violation of Land Disturbing Activity
Grading Permit Number: 20-12, Wildflower Subdivision
Address: Albemarle Drive/Sturbridge Drive
Location/Description of Violation(s): Offsite sedimentation is entering the adjacent
stream behind pond one where turbid water is being discharged.
Dear Mr. William H. Cameron:
This letter constitutes a Notice of Violation of Section(s) 23-235 (b), Section 23-235
(c), Section 23-236 (1), Section 23-236 (5) and Section 23-244 of New Hanover County's
Soil Erosion and Sedimentation Control Ordinance. Please refer to Section 23-250 (b),
Section 23-251 (a)(1), Section 23-251 (a)(2), Section 23-251 (a)(3), Section 23-251 (a) (4),
Section 23-251 (b), Section 23-252 (a) and Section 23-252 (b) of New Hanover County's
Soil Erosion and Sedimentation Control Ordinance for penalties, corrective measures and
time to comply prescribed by this ordinance.
Section 23-235 General requirements
(b) Protection of property. Person conducting land disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by
such activity.
(c) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or
local laws, ordinances, or rules, the more restrictive provision shall apply.
Section 23-236 Basic control objectives
(1) Identify critical areas On -site areas which are subject to severe erosion and
off -site areas which are especially vulnerable to damage from erosion and/or
sedimentation are to be identified and receive special attention.
(5) Control sedimentation. All land disturbing activity is to be planned and
( �conducted.soias'fo prevent off -site sedimentation damage.
Section 23'243.5 Restoration of areas affected by failure to comply
The county may require a person who engaged in a land disturbing activity and failed to
retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the
waters and land affected by the failure so as to minimize the detrimental effects of the
resulting pollution by sedimentation. This authority is in addition to any other civil or
criminal penalty or injunctive relief authorized under this article.
Section 23-244 Additional measures
Whenever the county determines that significant sedimentation is occurring as a result of
land disturbing activity, despite application and maintenance of protective practices, the
person conducting the land disturbing activity will be required to and shall take
additional protective action.
Section 23-250 Inspections and investigations
(b) If through inspection it is determined that a person engaged in land disturbing activity
has failed to comply with the Act, this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance, or has failed to comply with an approved Plan or permit
conditions, a notice of violation shall be'served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice. The notice shall set forth
the measures necessary to achieve compliance with the Plan, specify a reasonable time
period within which such measures must be completed, and warn that failure to correct
the violation within the time period will result in additional civil and criminal penalties for
a continuing violation. However, no time period for compliance need be given for failure
to submit an erosion control Plan for approval or for obstructing, hampering or interfering
with an authorized representative while in the process of carrying out his official duties.
If the person engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated.
Section 23-251 Penalties
(a) Ciuil penalties.
(1) Any person who violates any of the provisions of this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, or order adopted or issued
pursuant to this Ordinance or the Act by the commission, or who initiates or
continues a land disturbing activity for which an erosion control Plan is required
except in accordance with the terms, conditions, and provisions of an approved
plan, shall be subject to a civil penalty. The maximum civil penalty for a violation
is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the
violation. Each day of a continuing violation shall constitute a separate violation.
The person alleged to be in violation will be notified of the violation by registered or
certified mail, return receipt requested or other means reasonably calculated to .
give actual notice. The notice shall describe the violation with reasonable
particularity, specify a reasonable time period within which the violation must be
corrected, and warn that failure to correct the violation within the time period will
result in the assessment of a civil penalty or other enforcement action. If, after the
allotted time period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the date of the notice of violation. However, no
time period for compliance need be given for failure to submit an erosion control
Plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties.
(2) The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing
the penalty. In determining the amount of the penalty the County Manager or his
designee shall consider the degree and extent of harm caused by the violation and
the cost of rectifying the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the prior record
of the violator in complying or failing to comply with this article and shall direct the
violator to either pay the assessment or contest the assessment within 30 days
after the receipt of the notice of assessment, by filing a petition for a contested case
in the Office of Administrative Hearing in accordance with Article 3 of Chapter
150B of the General Statutes. Notice of the assessment shall be by registered or
certified mail or other means reasonably calculated to give actual notice.
(3) Any appeals from the determination of the Office of Administrative Hearing
shall be made by the Secretary of the Department of Environment and Natural
Resources in accordance with Articles 3 and 4 of Chapter 150B of the General
Statutes. Appeal from the final decision of the Secretary of the Department shall be
to the Superior Court of the county where the violation occurred. Such appeals
must be made within 30 days of the final decision of the Secretary of the
Department of Environment and Natural Resources. If payment is not received or
equitable settlement reached within 30 days after demand for payment is made, the
matter shall be referred to the county attorney for institution of a civil action in the
name of the county in the appropriate division of the general courts of justice for
recovery of the penalty. A civil action must be filed within three years of the date
the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is
due at the conclusion of the administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this article shall be credited to the general
fund of the county as nontax revenue.
(b) Criminal Penalties Any person who knowingly or willfully violates any provision
of this article, or rule or order adopted or issued pursuant to this article, or who
knowingly or willfully initiates or continues a land disturbing activity for which an
erosion control plan is required except in accordance with terms, conditions, and
provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which
may include a fine not to exceed $5,000.00 per calendar day.
Section 23-252 Injunctive relief
(a) Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or proceeding
authorized by this article, institute a civil action in the name of the county, for injunctive
relief to restrain the violation or threatened violation. The action shall be brought in the
superior court of the county.
(b) Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to abate the violation
to ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any party to
such proceedings from any civil or criminal penalty prescribed for violations of this article.
Corrective measure(s) needed and Time to Comply: Immediately stop all turbid
discharge from this project upon receipt of this Notice of Violation. You must also
investigate alternative measures to address the turbid discharge. Once an alternative
measure is located and approved by this office it must be immediately installed.
These types of violations can be assessed civil penalties in the amount of $5,000 per day.
If the deadlines for corrective measures are not met, civil penalties may be assessed from
the date of the violation, so it is imperative that corrective action be initiated as soon as
practicable. Once the alternative measure to treat the turbid discharge has been approved
and installed, you may have the opportunity to appeal any assessment that may be
issued. You can contact me at (910) 798-7139 regarding the required compliance action
or to request an appeal of this Notice of Violation once all repairs have been made onsite
and/or the plans have been approved.
Sincerely,
"bk*k ta4wt wvg.*'U ,
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Tim Burgess, Assistant County Manager
Jim lannucci, P.E., County Engineer
Kemp Burpeau, NHC Deputy County Attorney
Charles Smith, NHC Public Information
Sam Burgess, NHC Planning
Chad Coburn, NCDENR Water Quality Wetlands
Jo Casmer, NCDENR Water Quality
Emily Hughes, US Army Corps. Of Engineers
IF my ; - vs, 7vJ111,
to
...........
...........
women Y."WROW."
,.. Ow Ow 0
;71
J
I, C201307702802 INC0M-,Q(5
SOSID: 1307823
Date Filed: 3/19/2013 10:22:00 AM
i Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF INCORPORATION
OF
LANTANA CROSSING HOA, INC.
A NON-PROFIT CORPORATION
In compliance with the requirements of Chapter 55A of the General Statutes of
North Carolina, the undersigned, being of the age of eighteen years or more, does
hereby make and acknowledge these Articles of Incorporation for the purpose of
forming a nonprofit corporation and does hereby certify:
ARTICLE I.
NAME
The name of the corporation is Lantana Crossing HOA, Inc. (the "Association').
ARTICLE II
DURATION
The period of duration of the Association shall be perpetual.
ARTICLE III.
DEFINITIONS
Except as otherwise provided herein, all capitalized words contained herein shall
be as defined in that certain Declaration of Covenants, Conditions, and Restrictions for
Lantana Crossing, as amended, to be recorded in the Register of Deeds for New
Hanover County, North Carolina (the "Declaration").
ARTICLE IV.
PURPOSES
The Association does not contemplate, pecuniary gain or profit to the Members
thereof. No part of the net income of the Association shall inure to the benefit of any
officer, director, or Member of the Association. The Association is formed for the
purpose of (1) providing for the administration, operation, management, maintenance,
regulation, architectural control and preservation of the planned community known as
Lantana Crossing, as more particularly described in the Declaration, and any additions
C201307702802
thereto that may be brought within the jurisdiction of the Association, (2) to promote the
health, safety, and welfare of the residents and Owners, and (3) to undertake the
performance of certain acts and duties incident to the administration, operation, and
management of the Association in accordance with the terms, provisions, conditions,
and authorizations set forth in these Articles of Incorporation, the Bylaws of the
Association, and the Declaration.
ARTICLE V.
POWERS
The Association shall have (1) all of the powers, rights and privileges granted to
a corporation organized under the nonprofit corporation law of the State of North
Carolina, (2) all of the powers, rights and privileges granted to a corporation organized
under any other applicable laws of the State of North Carolina, (3) all of the powers,
rights and privileges provided under the North Carolina Planned Community Act
(Chapter 47F), (4) all of the powers necessary to effectuate and implement the
purposes of the Association and for the governance and operation of the Association,
including, without limitation, the power to exercise all of the rights, privileges, duties,
and obligations of the Association as set forth in the Declaration, as the same may be
amended from time to time, and (5) and the power to engage in any other lawful
enterprise or activity and to do and perform all acts and things that may be deemed
necessary or expedient for the proper and successful prosecution of the objects and
purposes for which the Association is organized.
ARTICLE VI.
MEMBERSHIP
Every Owner shall be a Member of the Association during the period in which
such Owner owns a Lot in fee simple, or an undivided interest in a Lot in fee simple, in
Lantana Crossing. The foregoing is not intended to include Persons who hold an
interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from the fee simple ownership of a Lot or the
fee simple ownership an undivided interest in a Lot. Except as provided in these
Articles, the rights and obligations of the Members shall be as set forth in the
Declaration and the Bylaws of the Association. The Declarant will maintain control of
the Association during the Declarant Control Period as set forth in the Declaration
and/or the Bylaws of the Association, as they may be amended from time to time.
ARTICLE VII.
VOTING RIGHTS
The Association shall have two classes of voting Membership.
2
C201307702802
Class A. Class A Members shall be all Owners, with the exception
of the Declarant, and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such persons
shall be Members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one vote be cast with respect
- to any Lot. Fractional voting with respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be
entitled to three.(3) votes for each Lot owned and for each planned, but
currently unplatted Lot to be in the Planned Community. The total number
of planned Lots for the Planned Community is currently 63; provided
however, that the actual number of Lots may be more or less, and the
Class B member makes no representation whatsoever regarding the
actual number of Lots to be included in the Planned Community. The
Class B Membership shall cease and be converted to Class A
Membership on the happening of any of the following events, whichever
occurs earlier:
(a) when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership (taking
into account all Lot(s), including Lots(s) shown on the Plat, and
Lot(s) added to the Planned Community through the annexation of
additional land as provided in this Declaration;
(b) on December 31, 2032; or
(c) upon the voluntary surrender of all Class B Membership by the holder
thereof.
ARTICLE Vill.
INITIAL BOARD OF DIRECTORS
There shall be one (1) Director on the initial Board of Directors, who shall serve
until his successors(s) are appointed or elected. The number of members of
succeeding Boards of Directors shall be as provided from time to time by the Bylaws.
The name and address of the initial Director is as follows:
William H. Cameron
1201 Glen Meade Road
Wilmington, NC 28401.
C201307702802
ARTICLE IX.
AMENDMENT
These Articles of Incorporation may be amended as provided in Chapter 55A of
the North Carolina General Statutes.
ARTICLE X.
DISSOLUTION
In the event of dissolution of the Association, other than incident to a merger or
consolidation, after all of the Association's liabilities and obligations have been
discharged or adequate provision has been made therefor, the assets of the
Association (i) will be dedicated to an appropriate public agency to be used for
purposes similar to those for which the Association was created, (ii) will be granted,
conveyed and assigned to one or more nonprofit corporations, associations, trusts or
organizations with similar purposes to those of the Association which are exempt
organizations under Sections 501(c)(3) or 528 of the Internal Revenue Code of 1986 or
any corresponding sections or provisions of any future United States Internal Revenue
Law (the "Code"), or (iii) will be distributed as provided by the North Carolina Planned
Community Act. Dissolution shall also conform to the terms and conditions of the North
Carolina Planned Community Act.
ARTICLE XI.
TAX STATUS
Notwithstanding any other provision of these Articles, the Association hereby
elects tax-exempt status under Section 528 of the Code. The Association shall comply
with Section 528 of the Code. It is further provided that no distributions of income of the
Association are to be made to Members, directors or officers of the Association, except
that members of the Association may receive a rebate of any excess dues and
assessments previously paid to the extent permitted by the Code and applicable law.
ARTICLE XII.
INDEMNIFICATION
To the fullest extent allowed by law, every Director and every Officer of the
Association shall be indemnified by the Association against all expenses and liabilities,
including counsel fees, reasonably incurred by or imposed upon him in connection with
any proceeding to which s/he may be a party, or in which s/he may become involved, by
reason of his/her being or having been a Director or Officer of the Association, whether or
not s/he is a Director or Officer at the time such expenses are incurred, except in such
cases wherein the Director or Officer is adjudged guilty of willful misfeasance or
malfeasance in the performance of his/her duties; provided that, in the event of any claim
for reimbursement or indemnification hereunder based upon a settlement by the Director
C201307702802
or Officer seeking such reimbursement or indemnification, the indemnification herein shall
only apply if the Board of Directors approves such settlement and reimbursement as
being in the best interest of the Association. The foregoing right of indemnification shall
be in addition to and not in lieu of any other rights to which such Director of Officer may
be entitled.
ARTICLE XIII.
REGISTERED OFFICE AND AGENT
The mailing address, street address, and county of the initial registered office of
the Association is 1201 Glen Meade Road, Wilmington, New Hanover County, North
Carolina 28401, and the name of the initial registered agent at such address is William
H. Cameron.
ARTICLE XIV.
PRINCIPAL OFFICE
The mailing address, street address, and county of the principal office of the
Association is 1201 Glen Meade Road, Wilmington, New Hanover County, North
Carolina 28401.
ARTICLE XV.
INCORPORATOR
The name and street address of the incorporator is:
William H. Cameron
1201 Glen Meade Road
Wilmington, NC 28401.
fqN TESTIMONY WHEREOF, the incorporator has hereunto set his hand this
day of March, 2013.
4110
William H. ameron, Incorporator
LANTANA CROSSING HOA, INC.
WRITTEN CONSENT OF THE
BOARD OF DIRECTORS TO ACTION
WITHOUT AN ORGANIZATIONAL MEETING
The undersigned, being all of the members of the Board of Directors of LANTANA
CROSSING HOA, INC., a North Carolina nonprofit corporation (the "Association"), do
hereby take the following actions and adopt the following preambles and resolutions by
signing our written consent hereto in lieu of an organizational meeting:
Articles of Incorporation.
RESOLVED, that the Articles of Incorporation of the Association filed with
the Secretary of State of North Carolina on March 19, 2013, be filed with and
made a part of the minutes of the proceedings of the Association.
2. Adoption of Bylaws.
RESOLVED, that the Bylaws signed by the Director of the Association on
April 24, 2013, which have been inserted into the minute book of the
Association be, and they hereby are, adopted, ratified, confirmed, and
approved as the bylaws of the Association for the regulation of its business
and affairs.
3. Principal Office.
RESOLVED, that until further action of the Board of Directors, the principal
office of the Association shall be located at 1201 Glen Meade Road,
Wilmington, NC 28401.
4. Appointment of Officers.
RESOLVED, that the following persons be, and they hereby are, appointed
to the offices set forth opposite their respective names below:
NAME OFFICE
Daniel J. Weldon
President
William H. Cameron
Vice President
Jordy Rawl V
Vice President
William H. Cameron
Treasurer
William H. Cameron
Secretary
Jordy Rawl V
Assistant Secretary
Donna Pardue
Assistant Secretary