SW8130103_HISTORICAL FILE_20210701

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 130103
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 2l 01 o k
YYYYMMDD

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, June 30, 2021 1:43 PM
To: [e-mail]
Subject: SW8 130103 - Serenity Point Road
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on June 28, 2021. The project has
been assigned to Ashley Smith and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Snail correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third patties
Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COV ID-tq, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.

Non -Transfer Application Completeness Review Checklist - Short Version
Project Name: 5e R''-€11 A) (T t/ PO 1 1
Project County/Location: N� / rnasor.�`32P.D LOOP F,j
Permit Action: New ❑Not located in the ET1 of the following delegated and
functioning programs
Date Delivered to WIRO: ✓.o Z 2,024
BIMS Received/Accepted Date: zo 2-
BIMS Acknowledged Date': /3 02 t
r
New Permit #2:
NHC: Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach
Bruns Leland / Navassa (2) / Oak Island
Cart: Emerald Isle Onsl Jacksonville
Pend: Surf City
Major Mod / Minor Mod / enewal
`
Existing Permit #: 6s3a 1
Expnation Date 3: Z/'LZ 2c2�
Permit Type: HD D / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt
FJOffsite to SW8:
Development Type: Commerce <tResidentia / Other
DIs Lot ID'ed in Master Permit?
Subdivided?: Subdivision or Single Lot
Rule(s): El2017 Coastal �2008 Coastal FT995 Coastal
ElPhase ll 01.1niversal
�1988 Coastal
Pennittee Type & Documents Needed:
®Property Owner(s) = Purchaser
=Lessee
=HOA =Developer
Viable? =Viable?
Viable?
EViable2 Viable?
=Deed purchase Agmt
QLease
=Election Minutes
=Not Subdivided Deed
Subdivision: Common Area Deed
Paperwork
Application
LL-Xee �$5D5 (within 6mo) Check#(s): S j 15
Supplement' (1 new form orfor older forms: 1 original per SCM)
FIO&M2
Soils Report (Infil or PP)
Calculations (signed/sealed)
Ca9eed Restrictions, if subdivided
Project Narrative
FTSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?:
FiPlans (2 Sets)
UP
Certification -
FlElectronic Copies
Easements, Recorded (2017 Rules)
NOTES
'Enter BIMS Acknowledged Date on this Sheet
'For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates.
3If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
EMAILED ENGINEER DATE:
REVIEWER NAME: 94S { L'C—� /
Comments:
Flo Fee
Y / N
G WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklis 20200132

NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
COBA VENTURES, LLC
the original of which was filed in this office on the 26th day of January, 2009.
Document id: C20083660023
8
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 26th day of January, 2009
��-
Secretary of St yy-•� __
�r Q on
JUN 2 8 2021
RV•

r �
• SOSID: 1080927 ,
Date Filed: 1/26/2009 4:28:00 PM
Elaine F. Marshal
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C200836600238
i
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
I . The name of the limited liability company is: Coba Ventures, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both. Note: This document must be signed by all persons listed here).
Constance Olabdoye, member and organizer PO Box 3743 Wilmington, NC 28406
Babatunde Olatidoye, member PO Box 3743 Wilmington, NC 28406
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 1414 42nd Street
City, State, Zip Code Wilmington, NC 28403
New Hanover
5. The mailing address, if different from the street address, of the initial registered office is:
PO Box 3743 Wilmington, NC 28406
6. The name of the initial registered agent is: Constance Olatidoye
7. Principal office information: (Select either a or b.)
a. Q The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 1414
City, State, Zip Code Wili
County New Hanover
The mailing address, if different from the street address, of the principal office of the corporation is:
PO Box 3743 Wilmington, NC 28406
b. ❑ The limited liability company does not have a principal office.

8. Check one of the following:
X (i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the 20 day of January 2009
Signature(
Constance Olatidoye, member and organizer
Type or Print Name and Title
dKA
S rature
Babatunde Olatidoye, member
Type or Print Name and Title
NOTES:
I. Filing fee is $125. This doeument must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L-01)

C U�
AL
1UN 2 8 2021
BY.•
�7srp
l+
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
flffitMfiff11f1fffft11f11f1f1f14ff1fff1fHH111f1f111f1ff11..Nlfff11f41fff1111fif11fifffl flff f flfllfffflffff1 ff1111fff
Filed For Registration 10/16/2014 03 19:13 PM
Book, RE 6845 Page. 2169-2186
Document No 2014027775
18 PGS $34 00
Recorder- JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014027775*
:o,ao:,,,s

MINIMUM
2014027775
311 RE"" yTHIT"' REGISTER OF DEED'
NEYRHRNOVERC;:UNTYLENC
2014 OCT 16 03.19 13 PM
BK 5845 PC 2169-2186 FEE $34 00
--- INSiRUNEW # N 40275
PREPARED BY CHARLES T BUS8Y, P O BOX 818, HAMPSTEAD, N C 28413
NORTH CAROLINA
DECLARATION OF COVENANTS
NEW HANOVER COUNTY CONDITIONS AND RESTRICTIONS
SERENITY POINT SUBDIVISION
THIS DECLARATION is made this _ day of October, 2014, by COSA
VENTURES, LLC, a North Carolina Limited Liability Company, hereinafter referred to as
"Declarant" or "Developer", said terns being interchangeable as used herein
Declarant is the owner of real property in Masonboro Township, New Hanover
County, North Carolina [hereinafter referred to as the °Property' and sometimes referred
to as "the Development or as "SERENITY POINT"] which is more particularly described
as follows
All of Lots 1, 2, 3 and 4 of SERENITY POINT SUBDIVISION as depicted
on plat entitled "DIVISION of that tract known as 4616 SERENITY
POINT" recorded in Map Book.55 at page � the Office of the
Register of Deeds of New Hanover County, together with all roads, open
space and all other lands encompassed within the boundaries of the
areas depicted on said plat
PREAMBLE
The Property consists of a residential development containing no more than 20
lots and incapable of being reconfigured to contain more than 20 lots, and, as such, in
the event of any dispute, the following facts are deemed to be admitted and stipulated
1 The Property and the subdivision of the same are not subject to the provisions of
North Carolina General Statutes Section 47F, and the provisions of such do not
apply to the Property
2 To the extent that NCGS §47F provides that its provisions may be made
applicable to the PROPERTY by a vote of the Owners of sixty-seven percent
(67%) of the lots in the Property, such provision is specifically declared to be
inapplicable to SERENITY POINT
3 All purchasers of lots within the Property agree that, regardless of any statutory
provision to the contrary, no amendment to this Declaration shall be binding if the
effect of such amendment is to make the provisions of NCGS §47F applicable to
the Property unless such amendment is approved by 75% of the owners of lots
within the Property

4 No rules, provisions, requirements, limitations or procedures set out in NCGS
§47F shall apply to the PROPERTY, by implication, analogy or otherwise, unless
the same are specifically stated in this Declaration
Further, it is the position of Declarant as Developer that, due to the size and
nature of the Development, SERENITY POINT would not benefit from a Homeowners
Association Consequently, in order to avoid unnecessary administrative structure,
unnecessary effort and unnecessary expense, Declarant shall be responsible for
administering the provisions of this Declaration for as long as one of the following
conditions is met (1) Declarant COBA Ventures, LLC owns at least one Lot in the
Development, or (2) at least one Member of COBA Ventures, LLC owns at least one Lot
in the Development At such time as neither of these conditions is met, or upon the
dissolution of COBA Ventures, LLC, then the authority and responsibility for the
administration of these Covenants shall automatically vest in an Unincorporated
Nonprofit Association existing under the provisions of North Carolina General Statutes §
598, which shall automatically come into existence as provided in Section 19 and PART
5 Such Unincorporated Non-profit Association shall have all of the powers, duties and
responsibilities of the Declarant/Developer, including, but not limited to, the power to
impose and collect Assessments for maintenance of the common areas and Recreation
Area as provided in PART 7 below
DECLARATION
Declarant hereby declares that all of the Property above referred to shall be held
and conveyed subject to the provisions of this Declaration, which provisions are imposed
for the purpose of protecting the value, desirability and enjoyment of the Property
These easements, restrictions, covenants and conditions shall run with the title to the
Property and be binding on all parties, their heirs successors and assigns, having any
right, title or interest, legal or equitable, in the Property or any part thereof, and these
easements, restrictions, covenants and conditions shall inure to the benefit of each
owner of the Property or any part thereof
PART 1
Definitions
Section 1.1 "Aesthetic Harmony' shall be defined as such structural configuration
or exterior appearance as does not negatively impact the market value of other Lots in
the Property as determined by the application of standard residential appraisal
principles
Section 1.2 "Owner' shall mean the fee simple record owner, whether one or more
persons or entities, of any Lot which is a part of the Property, but not those having an
interest held only as security for an obligation For purposes of counting the number of
Owners in the Property, each lot shall have one Owner regardless of the number of
individual owners named on the title document
Section 1.3 "Property" shall mean all of SERENITY POINT as shown upon the
recorded plat referred to above, including all lots, roads, common areas, the PIER, and
open space and drainage areas shown on said plat or existing on the property

Section 1.4 "Built Upon Area" shall mean that portion of each lot that is covered by
impervious or partialfy impervious material, including buildings, pavement or other
matenal meeting the definition of 'impervious' as set out in the North Carolina
Administrative Code The built upon area for each lot shall not exceed the area allowed
by any NCDENR permits issued for the Property unless the North Carolina Stormwater
Rules permit otherwise
Section 1.5 "Common Areas" or "Common Elements" shall mean all roads within
the Property, all Open Space as shown on the plat, all areas required for drainage of the
Property, the PIER adjoining the property, and all access easements providing non-
exclusive access for the benefit of all owners to common areas, provided, that any road
dedicated to and accepted for public use shall cease to be a part of the common areas
at the time of such acceptance by the North Carolina Department of Transportation or
other relevant governmental authonty
The Common Area shall also include that portion of the Property included within
the Recreational Area associated with the Pier, which area shall include (a) the area
designated 'RECREATIONAL AREA" on the plat of Serenity Point referenced above and
the Pier, and the docking area at the East end of the Pier Such area 'Anil be owned by
the Lot owners as tenants in common, and each Lot owner will own a one-fourth
undivided interest in the Recreational Area Each lot owner, in addition to owning an
undivided interest in the Recreational Area, shall have a perpetual, non-exclusive
easement over and across the Recreational Area for purposes of providing access to
and use of the Pier and docking area Each deed for a Lot shall also designate a portion
of the docking area to which each Lot owner shall have an exclusive easement, which
easement shall be an appurtenance to such owner's Lot The deed to each owner for
such owner's undivided interest in the Recreational Area shall include provisions that, by
accepting conveyance of such interest, (1) each owner waives any right to partition the
property under Chapter 45 of the North Carolina General Statutes, and (2) each owner
agrees that such interest shall be in the nature of an easement appurtenant to the Lot
owned by such owner, and not transferable independently of the ownership of such Lot
Section 1.6 "Common Expense" means the expenses or financial liabilities for the
operation of the Development, including the expenses associated with the maintenance
of the common areas and Recreational Area, including those portions owned by the Lot
owners as tenants in common
Section 1.7 "Common Expense Liability" means the liability for common expense
allocated to each lot Owner as provided herein
Section 1.8 "Lot" shall mean any numbered lot shown on the recorded plat of the
Property
Section 1.9 "Declarant" shall be used interchangeably with "Developer" and shall
refer to COSA VENTURES, LLC, its successors and assigns, d such successors should
own any of the Property If Declarant shall cease to own any of the Property without
having transferred its rights to an person or entity which is an Owner, then the rights of
Declarant shall vest in an Unincorporated Non-profit Association made up of all of the
Owners of the property, which association shall be entitled to exercise Declarant rights
upon a vote of 75% of such Owners For purposes of this definition, Declarant shall
continue to own property in SERENITY POINT if any Member of Declarant is an Owner

Section 1.10 "Declaration" shall mean this instrument, as it may from time to time be
amended or supplemented
Section 1.11 "Improvement" shall mean any construction work done or placed on a
Lot, any alteration of the physical appearance of a Lot, and any other physical treatment
done on or applied to a Lot
Section 1.12 "Membership" shall mean the rights, privileges, benefits and
obligations inunng to the benefit and burden of each Owner by virtue of being an Owner
of a Lot
Section 1.13 "Member" shall mean every person or other entity who is an Owner
Section 1.17 "Development" shall mean the property and the common areas
Section -1.18 "Special Declarant Rights" means the rights reserved for the benefit of
a Declarant to (i)complete improvements indicated on the plat referred to herein, (n)
exercise any development right reserved to the Declarant by this Declaration or
otherwise, (ni) to maintain sales offices, management offices and signs advertising the
Planned Community or (iv) use easements through the common areas
PART 2
Property Rights
Section 2.1 Owners' Easements of Enjoyment Every Owner shall have a right and
easement of enjoyment in and to all roads, to use of the common areas, and to all
drainage areas necessary to properly drain each Lot, which rights and easements shall
be appurtenant to and shall pass with the title to every Lot, and which rights shall be
subject to the following conditions
a Such Easements shall terminate upon the failure of any Owner to
comply with any provision of this Declaration, provided, that any Owner
not in compliance shall be given written notice of such non-compliance by
Declarant and such Owner shall be given 30 days from the date of
mailing or delivery of such notice [whichever occurs first] to cure such
non-compliance, and upon failure to do so, the non -complying Owner
may be restrained from use of such Easements until such non-
compliance is corrected "Restrained" shall mean that such owner may
be prevented from using such Easements by any method or procedure
allowed by law
b Declarant shall have the right to impose regulations on the use of
the road, open spaces, drainage areas and pier area to protect and
maximize the use and enjoyment of such areas
c The use of Common Areas, including the Recreation Area, shall
be limited to Owners, their families and their house guests Use of
Common Areas and Recreational Area shall not extended to such
numbers of guests that the use of Common Areas by other Owners and
4

their families is substantially and adversely affected Persons who are
not invitees of an Owner or persons whose presence violates this
subparagraph may be asked by any Owner to leave the premises, and
upon such person's failure to do so, he or she shall become and may be
treated as a trespasser
PART 3
Easements
Section 3.1 Declarant reserves to itself, its successors and assigns, a perpetual,
nonexclusive, alienable and releasable easement and right, on, over and under the
ground, with persons and equipment to erect, maintain, inspect, repair and use electric
and telephone wires, cables and conduits, and sewers, water mains and other
equipment used for the conveyance and use of electricity, telephone communications,
gas service, sewer and water service, and other public conveniences or utilities on, in or
over each Lot and such other areas as are shown on the recorded plat of the Property
referred to above
These easements and rights expressly include the right to cut any trees, bushes
or shrubbery, 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 Such easements shall he over,
under and across the area lying within 10 feet of all front lot lines and within 5 feet of all
side and rear lot lines
These easements and rights further include the right to subject the Property to a
contract with any public utility for the installation of underground electric cables and/or
the installation of street lighting, either or both of which contracts may require an initial
payment and/or a continuing monthly payment such to utility by the Owner of each Lot
Section 3.2 An easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing emergency
services to enter upon any portion of the Property in the performance of their duties
Section 3.3 In case of any emergency or in case of any violation of these
restrictions originating on, existing on or threatening any part of the Property, regardless
of whether any Lot Owner is present at the time of such emergency or violation, the
Declarant shall have the right to enter any Lot for the purpose of (1) determining
compliance with and enforcing these restrictions, (2) remedying or abating any nuisance
or the cause of such emergency or violation, and (3) making any necessary repairs not
performed by the Lot Owner Such right of entry shall be immediate and shall not be
deemed a trespass, and shall be without liability to the Declarant or its authorized
representatives, except in cases of gross negligence
Section 3.4 Declarant hereby reserves unto itself, its successors and assigns,
perpetual, non-exclusive and alienable easements over all roads, open areas, common
areas, the Recreation Area, and drainage areas necessary to perform the maintenance
and carry out any other duties imposed by this Declaration
Section 3.5 All easements and rights described herein are easements
appurtenant, and shall inure to the benefit of and be binding on the Declarant, its
successors and assigns, and on any Owner, purchaser, mortgagee or other person
5

having an interest in the Property, or any part of or interest therein, regardless of
whether reference to said easements is made in any instruments of conveyance or
evidence of obligation
PART 4
Utilities
Section 4A Water Service. Water service for SERENITY POINT shall be provided
by Cape Fear Public Utility Authority Water taps shall be installed by individual Owners
at such Owners' expense
Section 4.2 Sewage Disposal. Sewer service for SERENITY POINT shall be
provided by Cape Fear Public Utility Authority Sewer connections shall be installed by
individual Owners at such Owners' expense
PART 5
No Homeowners' Association
SERENITY POINT shall not have associated with it or be in any way controlled
by any incorporated Homeowner's Association Duties and responsibilities normally
addressed by a Homeowners' Association shall be performed by Declarant as provided
herein Declarant's authority to act in such capacity shall continue until such time as (1)
Declarant ceases to exist or (2) Declarant ceases to own at least one Lot in the
Development or (3) Declarant ceases to have at least one Member who owns at least
one Lot in the Development, at which time an Unincorporated Nonprofit Association
[UNA] existing under the provisions of NCGS § 59B shall be deemed to come into
existence, the members of which UNA shall be all of the Owners, provided, that any
action taken by such Association shall require the approval of 75% of such Owners
Such UNA, upon coming into existence, shall have all of the powers, duties and
responsibilities of the Declarant/Developer, including, but not limited to, the power to
impose and collect Assessments for maintenance of the common areas and Recreation
Area as provided in PART 7 below
PART 6
Enforcement Rights and Responsibilities
Section 6.1 Except as extended by Section 6 2, Declarant shall have the rights and
responsibility for administration and enforcement of the provisions of this Declaration
subject to the following conditions and requirements
a Any enforcement of the provisions in this Declaration must be caned out in a
manner which seeks equal protection of the rights all Owners and equal placing
of responsibilities upon all Owners, except in cases where the burden is caused
by the actions of a particular Owner, in which case the burden shall to the extent
allowed by law by placed on the offending Owner
b Any financial burdens imposed pursuant to the provisions in this Declaration
must be imposed equally on all Owners, or in as equal a manner as is practicable
given any differences in the individual Lots

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c Enforcement of these restrictions,
d Operating expenses of the Declarant in carrying out its duties in administering
the provisions of this Declaration, but not other expenses of Declarant not related to
such,
e Any other action deemed by the Declarant to promote the health, welfare
and safety of the Owners or to increase the enjoyment of the Property by the Owners
PROVIDED, HOWEVER, that with respect to any enforcement action against an
individual Owner, the legal expense of such action may not be paid by Declarant as a
part of ordinary operating expenses unless the incurring of such expense and the
amount of such expense is approved by ALL of the Owners not directly the object of
such action
Section 7.3 Annual Assessments.
a Except as provided herein for the initial year, Annual Assessments shall be in an
amount to be fixed annually by the Decarant in collaboration with the Owners, which
amounts of Assessments may vary from year to year as Declarant deems necessary to
accomplish the purposes set out in Section 7 2 above Declarant shall determine the
amount of the Assessment for a given year based on a budget to be prepared by
Declarant Prior to the preparation of such budget, Declarant shall give each Owner an
opportunity to provide budget requests and such requests shall be considered in the
preparation of the budget, provided, however, that the final budget shall be prepared by
Declarant in its discretion subject to the requirements of PART 6 above
b The amount of the Assessment for the mihal year of operation shall be as set by
the Declarant and communicated to each purchaser of a Lot at the time of closing on the
Lot purchase
c The amount of the Assessment for each subsequent year shall be determined at
least 60 days in advance of the beginning of the annual assessment period, which shall
begin on January 1 of each year, and notice of the same shall be sent to each Owner of
a Lot, together with the date on which payment of such assessment is due The
Declarant shall have the authonty to provide for the payment of assessments in monthly
installments
d Adjustments in the amount of Annual Assessments shall be subject to the
following limitations
(1) Notwithstanding any other provision herein, Declarant may set an initial
Annual Assessment in an annual amount which shall be disclosed to each Lot purchaser
in an attachment to such purchaser's contract for the Lot
(2) Subsequent increases in the amount of the assessments shall be
supported by budget prepared and published by Declarant in keeping with SECTION 6,
or, the same shall be in such amount as is sufficient to recover actual maintenance and
other expenses incurred by the Declarant in performing its obligations under this
Declaration

Section 7.4 insurance. Declarant, as a part of the common expense, may maintain
insurance in amounts deemed by Declarant to be reasonable and sufficient, to cover the
following
(a) Risk of loss or damage to the Common Areas
(b) Public Liability Insurance for risks ansmg out of the use or condition of the
streets and other common areas, if any,
(c) Liability of the Managers or Members of Declarant for actions taken by
Declarant in connection with Declarants obligations under this
Declaration
PROVIDED, however, that each Lot owner shall to the extent possible include in such
owner's homeowner's or other similar insurance coverage for such owner's interest in
the Common Areas and Recreation Area, including liability insurance, and Declarant
shall be required to procure insurance only to the extent that rt is not already procured by
individual owners, and PROVIDED further, that if some but not all owners procure
insurance covering the Common Areas and Recreation Area, then the cost of obtaining
coverage for the other owners shall be assessed directly against only those owners for
whom Declarant is required to purchase insurance
Such insurance shall be for the benefit of the Declarant as administrator of the
provisions of this Declaration, [and its Members or Managers, in the case of
Member/manager Liability Insurance], and the proceeds shall be payable to the
Declarant as administrator of the provisions of this Declaration
Declarant shall have the sole right to settle any claims ansmg under such
insurance
Section 7.5 Insurance Assessments. The cost of insurance obtained pursuant to
Section 7 4 shall be a common expense, and an amount sufficient to pay the premiums
for the same each year shall, if necessary, be paid by the levy of an additional annual
"Insurance Assessment" which shall be in addition to the Annual Assessment [Section
7 3], and which shall be levied, collected and enforced in the same manner as the
Annual Assessment
Section 7.6 Notice for Actions Taken Under Sections 7.3 , 7.4 and 7.6. Written
notice of any proposed action by declarant as authorized under Sections 7 3, 7 4 and
7 5, shall be sent to all Members not less than 30 days in advance of said action
Declarant shall receive and consider all input from Owners before taking any such
action
Section 7.7 Uniform Rate of Assessment Except as otherwise provided in
Section 7 4, annual, special and insurance assessments shall be fixed at a uniform rate
for all Lots, and provision may be made for the payment of the same on a monthly bans
Section 7.8 Time of Commencement of Assessments. Assessments for
each Lot shall go into effect on the date of acceptance of a deed for such Lot by a
purchaser, provided, that Declarant shall not be required to pay annual assessments on
unsold Lots owned by the Declarant, but, in lieu of assessments, Declarant shall pay a
pro rata share of insurance assessments and ad valorem taxes on the Common Areas,
0

based on the number of lots owned by Declarant on the first day of the assessment
period
Section 7.9 Nonpayment of Assessments and Remedies of Declarant Any
assessment not paid within 90 days of the date on which the same is due shall bear
interest at the rate at which interest accrues on an unpaid judgment The lien shall anse
as of the first day of the assessment period for which the lien is imposed, and shall, as of
that date, constitute a lien for the improvement of real property Such lien shall be
enforceable through the provisions of Article 2A of Chapter 45 of the North Carolina
General Statues The Declarant may also bring a legal action against the Owner
personally obligated to pay the same and obtain a judgment for the amount of such
assessment, and enforce said lien in any manner provided by law, including a judicial
sale under Article 29B of Chapter 1 of the General Statutes An Owner may not avoid
liability for the assessment by non-use of his Lot or his non-use of any part of the
Property
Section 7.10 Remedies and Requirements of the declarant In addition to any other
remedies provided herein, Declarant shall have all legal remedies for the collection of
unpaid assessments
Section 7.11 Subordination of Assessment Lien. The lien for assessments
provided for herein shall be subordinate to the lien of any first mortgage The sale or
transfer of any lot by way of a first mortgage foreclosure shall extinguish the lien on the
Lot to the extent of any payments which came due prior to the recording of such
mortgage, but the lien for such payments shall attach to the proceeds of sale in priority
immediately after the mortgage being foreclosed
PART 8
RIGHTS OF THE DECLARANT
Section 8.1 Reservation of Rights to the Declarant. The rights, powers and
privileges reserved to the Declarant under this Part shall be in full force and continue for
as long as Declarant continues to meet the definition of Declarant as set out in Section
1 11
Section 8.2 Specific Rights Reserved to Declarant Declarant retains and shall
have the following rights, powers and privileges which shall be in addition to any other
rights reserved to the Declarant herein
(a) Architectural Review Committee All of the powers and duties of the ARC may
be exercised by Declarant and Declarant shall be entitled to appoint all members of the
ARC
(c) Amendments by Declarant. Declarant shall have the power to amend this
Declaration as provided in Part 10
(e) Right to Reject Amendments Declarant shall have the right to veto, reject or
refuse to comply with any amendment to the Declaration unless the same is approved
by all of the Owners
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Architectural Controls
Section 8.3 Architectural Review Committee. All duties and responsibilities
conferred upon the Architectural Review Committee [hereinafter the "ARC"] by this
Declaration shall be exercised and performed by the Declarant, or by a successor
Unincorporated Association ansing as provided in PART 5
Section 8.4 Building and Site Improvements. No structure shall be erected or
commenced on any portion of the Property, nor shall any change or alteration be made
thereto, including painting or repainting of exterior surfaces, until the plans for the same
shall have been submitted to and approved by the ARC
Section 8.5. Approval of Plans.
a No plans wil be approved if the proposed dwelling is not, in the opinion of the
ARC, aesthetically in harmony with the other dwellings on the Property or with the
natural environment of the Property "Aesthetic Harmony' shall be defined as such
structural configuration or exterior appearance as does not negatively impact the market
value of other Lots in the Property as determined by the application of standard
residential appraisal principles
b No specific setbacks, minimum budding Imes or minimum square footage
requirements are established by this Declaration All budding location must comply
with all rules imposed by New Hanover County and with the guidelines referred to in
Section 8 3 a, and all building location must be approved by the ARC
c The exterior of all dwellings must be completed within 12 months of the
commencement of construction
d The follouwng are the only structures allowed on a Lot
(1) One single family dwelling, not to exceed two and one-half stones in
height, and no portion of which requires or formerly required any title
document issued by the Division of Motor Vehicles
(2) Not more than two accessory buildings, which may include a detached
garage and guest facilities, but such accessory buildings may not
overcrowd the site or be used for commercial activities Whether
proposed accessory buildings 'overcrowd' the site is a determination to be
made solely by the ARC on the basis of whether the proposed number
and location of structures negatively impacts the market value of other
Lots in the Property as determined by the application of standard
residential appraisal principles
e All service utilities, fuel tanks, clothes Imes and wood poles shall be placed
to the rear of the rear line of the dwelling, in a manner so as to minimize their visibility
from the street or from any other Lot in the Property
f Each Lot owner must provide on the Lot off street parking for not less
than three passenger automobiles prior to the occupation of the dwelling on the Lot

Parking areas and driveways shall be constructed of concrete, brick, asphalt, turfstone
or other material approved by the ARC
g The improvements subject to approval by the ARC shall specifically
include (i) the materials and design of any fence, and (u) the location and design of any
structure enclosing a well pump
h No opaque fences shall be constructed
r. BUILT UPON AREA [BUA] RESTRICTIONS
(1) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number S w S 30 1 0 3 , as issued by
the Division of Water Quality under the Stormwater Management Regulations
(2) The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the stormwater management
permit
(3) These covenants are to run with the land and be binding on all persons and
parties claiming under them
(4) The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality
(5) Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality
(6) The maximum built -upon area per lot, in square feet, is as listed below
This allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the nght-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
(7) Each lot will maintain a 50 foot wide vegetated buffer between all impervious
areas and surface waters
(8) All runoff from the built -upon areas on the lot must dram into the permitted
system This may be accomplished through a variety of means including roof
dram gutters which dram to the street, grading the lot to dram toward the street,
or grading perimeter swales to collect the lot runoff and directing them into a
component of the stormwater collection system Lots that will naturally dram into
the system are not required to provide these additional measures
Maintenance of Roads and Common Areas
Section 8.6 Responsibility for Road Maintenance. Access to the Property from
Serenity Point Road, the nearest public rights of way, is by way of a private road as set
out in the deed to COBA Ventures, LLC recorded in Book 5717 at page 274 By
12

accepting conveyance of a Lot within the Property, each Owner agrees to pay its pro-
rata share of the costs of maintaining said private road Upon failure of any Owner to
pay such Owner's pro-rata share of road maintenance costs, such failure shall be
deemed the same as a failure to pay Assessments imposed under this Declaration, and
Declarant shall have the right to collect such amount in the same manner as any other
Assessment
Declarant shall install such road or driveways as are necessary to provide access
to each Lot of the Property from the private road referred to above Thereafter, such
roads or driveways shall become part of the common areas of the Property, and shall be
maintained as any other common area
Section 8.7. Maintenance of Drainage Areas. Declarant shall further have the right
to effect any repairs or alterations to the storrmwater drainage system, if any, on the
Property, including all pipes, ditches and ponds, and to enter upon any Lot to the extent
reasonably necessary to carry out such repairs By accepting title to a Lot, all Lot
owners grant a right of entry to the Declarant for such purposes
In the event that the need for any maintenance, repair or replacement is caused
through the vollful or negligent act of an Owner, his family, guests or invitees, the cost of
such maintenance, repair or replacement shall be added to and become a part of the
assessment to which any Lots owned by such Owner are subject
Declarant, in its capacity of as administrator of this Declaration, shall maintain all
streets and drainage areas and shall pay all premiums associated with general liability
insurance insuring against liability arising from the ownership and operation of such
common areas
Section 8.8 Maintenance of Common Areas
"Common Areas' shall include all areas so designated on the plat of the Property
referred to above, as well as any other areas for which the Owners are granted a non-
exclusive easement of enjoyment or use, which areas shall specifically include the
Recreation Area and pier and docking area Declarant shall properly maintain all
Common Areas such that the same are fit for their intended purpose, they do not
constitute any hazard or attractive nuisance, and they do not detract from the market
value of any individual Lot
Section 8.9 PIER Easement and Maintenance of the PIER
(a) The PROPERTY includes a PIER extending from the Property into the waters of
Masonboro Sound, and the PIER shall be a part of the Common Area and
Recreation Area The PIER consists of the walkway from the shore to the Boat
Slip/Docking Platform, and the Boat Shp/Docking Platform
(b) Each Owner shall have an easement for the right to the use of the walkway from
the shore to the Boat Shp/Docking Platform, which right shall be in the nature of
a non-exclusive, perpetual easement appurtenant to the Lot owned by such
Owner Such easement shall be for the purposes of providing pedestrian access
to the Boat Slip Platform, for providing access to the water, and for providing
space for other activities normally associated with enjoyment of the waters of
Masonboro Sound, including, but not limited to swimming, fishing, sun bathing
13

and other achvrbes which are not dangerous and which do not interfere with the
rights of others to the use and enjoyment of the PIER
(c) Each Owner, as a part of the ownership rights associated with such Owner's Lot,
shall have an easement for the use of the PIER as follows
t An easement for the use of the walkway from the shore to the Boat
Slip/Docking Platform, which easement shall be in the nature of a non-
exclusive, perpetual easement appurtenant to the Lot owned by such
Owner Such easement shall be for the purpose of providing
pedestrian access to the Boat Slip Platform
An exclusive easement for the use of ONE Boat Slip, defined as one of
the eight docking areas created by the configuration of the Boat
Slip/Docking Platform, which easement shall be in the nature of an
exclusive, perpetual easement appurtenant to the Lot owned by such
Owner Such easement shall be for the purpose of providing docking
space for one boat owned by Owner, and shall be assigned in the deed
to each Owner for such Owner's Lot
3 The use of such easement may not be sold, leased or otherwise
assigned or delegated to a non -Owner
(d) Declarant shall maintain the PIER in the same manner as other Common Areas,
and the expense for such maintenance shall be shared equally by all Owners,
provided, that (i) the cost of maintenance of any aspect of the PIER which
benefits a particular docking area shall be the responsibility of the Owner having
the exclusive easement for the use of that docking area, (u) the cost of repair of
any damage to any portion of the PIER, including the Boat Slip, caused by an
Owner or his invitee or their boats shall be the sole responsibility of the Owner
responsible for such damage, and (m) the repair of any portion of the PIER
resulting from the failure of any Owner to maintain his exclusive portion shall be
the responsibility of such Owner
(e) In addition to normal maintenance, the PIER area shall be further subject to the
following provisions
Declarant is authorized to employ a qualified person or firm [Dock
Inspector] to inspect the PIER on a regular basis and to make
recommendations regarding maintenance of the PIER The frequency
of such inspections will be determined by the age of the PIER, the
amount of use of the PIER, and weather conditions affecting the
PIER Declarant shall provide to the Owners in writing the
recommendations of the Dock Inspector, and the Owners shall have a
penod of 30 days to offer comments and suggestions before any work
is undertaken
2 All PIER maintenance shall be included as a part of the normal annual
assessment to the extent that such costs can be predetermined In
the case of a weather event causing sudden and substantial damage,
Declarant shall be entitled to impose a special assessment to cover
14

the costs of repair of such damage Notice of this special assessment
shall be given 30 days ahead of its effective date, and upon the failure
of any Owner to pay such assessment within 90 days of the effective
date of the assessment, the same shall be enforceable in the same
manner as an Annual Assessment
3 Nothing herein shall prevent any Owner, at such Owner's separate
expense, from employing the Dock Inspector to maintain such
Owner's exclusive slip area
PART 9
Use Restrictions
Section 9.1 Land Use and Building Type. No Lot in SERENITY POINT shall be
used for any purposes other than residential uses and uses incident thereto, which shall
not include any commercial uses or other uses designed to generate income All Lots
are restricted to single family dwellings
Section 9.2 Nuisances. No noxious or offensive activities shall be carried on upon
any Lot, nor shall any activity be engaged in which would become an annoyance or
nuisance to the residents of the Lots in the Property "Noxious" or "offensive' shall mean
any activity, visual impression, odor or noise which appreciably interferes with the quiet
and undisturbed use of his or her property by any Lot owner or lawful occupant of any
Lot The ARC shall, in the event that a question anses, in its sole discretion determine
whether a condition constitutes a nuisance
Section 9.3 Maintenance of Lots. In the event that any Lot Owner fads or refuses
to keep the Lot premises free from weeds, underbrush, refuse piles, or other unsightly
growth or objects, then, after 30 days notice from the ARC, Declarant or its designee
shall be entitled to enter upon such lands and remove the same at the expense of the
Owner, and such entry shall not be a trespass The costs incurred by the Declarant for
such removal shall be a lien on such Lot, and such amount, together with any collection
costs shall be due and payable 30 days after the Owner is sent a bill therefore In the
event of the failure of the Owner to pay such amount within 30 days of being billed for
the same, the lien for such amount shall be enforceable by legal proceedings in the
same manner as provided in Section 7 10
Section 9.4 No Temporary Structures. No structure of a temporary nature and no
trailer, tent, shack, garage barn or other outbuilding shall be used on any Lot at any time
as a dwelling or residence, either permanently or temporarily
Section 9.5 Parking of Vehicles and Recreational Vehicles. No boat, motor
boat, trailer, motor home or similar type vehicle may be kept, stored or placed on any Lot
unless the same is placed to the rear of the rear wall of the main dwelling
Section 9.6 Animals. No animals kept for resale or breeding shall be kept or
maintained on any Lot or in any residence on the Property
No animals posing a danger to any other Owners or their animals shall be kept or
maintained on any lot or in any residence on the property
15

Household pets may be kept provided that their boarding does not create levels
of noise or odor which interferes with the rights of other Owners to the undisturbed use
and possession of their Property
All animals must be properly penned, and not allowed to roam or run free on
areas of the Property other than the Lot owned by the animal's owner
Each Owner shall be responsible for the collection and disposal of all waste
produced by such Owner's animal
Section 9.7 Signs. All signs shall be subject to the approval of the Declarant acting
as the ARC, but the use of "For Sale' signs shall not be denied it in compliance with
applicable laws and A properly maintained
Section 9.8 Alterations to Common Areas. Only the Declarant may make or
authorize alterations to any Common Areas or Open Space
Section 9.9 Restrictions On Further Subdividing. The subdividing of lots is not
allowed For purposes of this provision "subdivide" or "subdividing" shall include any
process whereby the size or configuration of a lot is altered or the number of lots is
changed, Provided, however, that this provision shall not prevent the conveying of small
portions of a Lot to the owner of an adjoining Lot for the purpose of adjusting Lot lines to
accommodate individual Owners' uses, provided such line adjustment and the proposed
use is approved by Declarant
PART 10
General Provisions
10.1 The Declarant or any Owner who is a member in good standing shall have the
right to enforce by any proceeding at law or in equity all restrictions, conditions,
covenants, reservations, liens, charges and other obligations now or hereafter imposed
by the provisions of this Declaration Failure of the Declarant or its Owner -Members to
enforce any provision contained herein shall not be deemed a waiver or such provision
or the right to enforce the same thereafter
10.2 Stormwater Runoff Enforcement. The State of North Carolina is hereby
made a beneficiary of this Declaration to the extent necessary to enforce its stonnwater
runoff regulations as the same may apply and be amended from time to time
10.3 Severability. Invalidation of any one or more of these covenants or
restrictions by judgment or court order or otherwise shall not affect any other provisions,
which shall remain in effect as written
10.4 Lots Subject to Declaration. 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 this Declaration, as it may be amended from time to time as provided
herein Acceptance of a deed or lease, or entering into possession of a Lot shall
constitute acceptance of a ratification of the validity of all of the provisions set for the
herein The provisions of this Declaration be binding and shall inure to the benefit of an
by enforceable by the Declarant or any Owner, or their heirs, successors or assigns for a
penod of 20 years form the date of recording of this Declaration After the end of the 20
16

year period, this Declaration shall automatically renew for successive penods of 10
years each unless modified or terminated by Declarant or by a three -fourths (3/4ths)
vote of the members of an successor Unincorporated Association as provided in Section
10 5 below After the initial 20 year period, such vote may be held at any time and shall
not be Led to the 10 year renewal penods
10.5 Amendment of Declaration. Except as provided elsewhere herein, the
covenants and restrictions of this Declaration may be amended only by and as provided
In an instrument duly recorded in New Hanover County executed by the Declarant or by
the executive officer of any successor Unincorporated Association, reflecting action by a
three -fourths (3/4ths) vote of the Owners, provided, that no amendment shall be valid if
contrary to law or if the same purports to limit or negate the rights of the Declarant as
provided herein
10.6 Amendments by Declarant The following amendments may be effected by the
Declarant without the consent of the Owners
The Declaration may be amended by the Declarant to corned any obvious
error or inconsistency In drafting, typing, platting or reproduction
Declarant shall have the right to amend this Declaration to conform to the
requirements of any applicable law or governmental regulation or the
rulings of any governmental agencies having jurisdiction, or, to quality the
Property or any Lots and improvements therein for mortgage or
improvement loans made, insured or guaranteed by a government agency,
or, to comply with the requirements of law or regulations of any quasi -
governmental corporation or agency, upon a letter from any such
corporation or agency requesting or suggesting that an amendment is
necessary to comply with the requirements of such corporation or agency
The Declarant or its successor may amend this Declaration as shall be
necessary, in its opinion, and without the consent of any Owner, to qualify
the Property or any portion thereof for tax-exempt status
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed
in its name by its authorized Manager, as of the date written above
COSA VENTURES, LL
By t
I ager
NORTH CAROLINA
NEW HANOVER COUNTY
I, the undersigned Notary Public, do hereby certify that Babatunde Olatidoye appeared
before me this day and acknowledged that he is Manager of Coba Ventures, LLC, a North
Carolina Limited Liability Company, and that he, as Manager, being authorized to do so, exejagad
the foregoing on behalf of the Company 007 R[
WITNESS m hand and notanal seal this T y day of October, 201tdL
NOTAq y
My Commission expires 12 oe l t0 1
ry Public PUB00
17

ROY COOPER
Goremor
DIONNE DEW-GATT1
secretary
BRIAN WRENN
Direcmr
June 10, 2021
Coba Adventures, LLC
Attn: Babatunde A. Olatidoye, Manager
P.O. Box 3743
Wilmington, NC 28406
NORTH CAROLINA
Eimv( amentd Quality
Subject: Stormwater Permit Renewal Request
State Stormwater Management Permit No. SW8 130103
Serenity Point
New Hanover County
Dear Dr. Olatidoye:
State Stormwater Management Permit #SW8 130103 for the subject project expired on February 22, 2021. This
is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC
2H.1045(3). North Carolina General Statutes and the Coastal Stormwater rules require that this property be
covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil
penalties.
Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found on our website at: h>�s://deq.nc.eosdabout/divisions/energv-
m ineral-and-land-resources/storm water/storm water-program/post-construction-2.
If you have any questions regarding this matter, please contact Ashley Smith at [phone] or
[e-mail].
Sincerely,
C hA'L k ?)gyp
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/ams: \\\Stormwater\Permits & Projects\2013\130103 HD\2021 06 req_ren 130103
cc: Constance Olatidoye, Registered Agent; Coba Ventures, LLC; 416 West Ridge Street; Rose Hill, NC 28458
Wilmington Regional Office File
,../�Nftwffi North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardm it Drive Extension I Wilmington. North Carolina 28405
910.796.7215

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Limited Liability Company
Legal Name
Coba Ventures, LLC
Information
Sosld: 1080927
Status: Current -Active O
Date Formed: 1/26/2009
Citizenship: Domestic
Annual Report Due Date: April 15th
Currentgnnual Report Status:
Registered Agent: Olatidoye, Constance
Addresses
Principal Office
416 West Ridge Street
Rose Hill, NC 28458
Mailing
PO Box 3743
Wilmington, NC 28406
Company Officials
Reg Office
416 West Ridge Street
Rose Hill. NC 28458
Reg Mailing
416 West Ridge Street
Rose Hill. NC 28458
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Babatunde A Olatidoye
4111 Chapra Drive
Wilmington NC 28412