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HomeMy WebLinkAboutSW6130703_Transfer Application_20210816August 16, 2021 Mr. Mike Lawyer, CPSWQ NCDENR - Division of Energy, Mineral & Land Resources Land Quality Section 225 Green Street, Suite 714 Fayetteville, NC 28301 Re: Peartree West (Formerly Camden Glen North) Permit Transfer Application State Stormwater Permit Number: SW130703 Dear Mike, ENGINEERS PLANNERS SURVEYORS MOORMAN, KIZER & REITZEL, INC. 115 Broadfoot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910) 484-5191 Fax: (910) 484-0388 www.mkrinc.com Enclosed are the following items associated with the permit transfer packet for Peartree West (Formerly Camden Glen North): 1. Check for $505.00 2. 2 copies of the Permit Transfer Application both with original signatures 3. 2 copies of the HOA secretary of state documentation 4. 2 copies of the O&M Agreements 5. 2 copies of the legal documentation that the property has been transferred to HOA 6. 2 copies of the record covenants and deed restrictions 7. 2 copies of each plan for the ponds with engineer's certifications Please let me know if you have any questions or need any further information. Respectfully Submitted, Moorman, Kizer & Reitzel, Inc. Cynthia M. Smith AUG 16 '2021 DEMLR Fayetteville Regional Office Date cei d �1 NC DEQ Divisioi PERMIT TRAN Pursuant to 15A NCAC 02H.1045 - I and Land Resources tMWATER: LPPLICATION FORM statues as reference within Only complete applications packages will be accepted an -reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: ht Ildeq,nc.govlcontactlregional-offices: After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules,and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions,, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(62) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions,p person who signed the application (pursuant to 02H.1040) that shows they have legal acA�iWAPtor the LLC) • Municipality - a ranking official or duly authorized employee; AUG 16 2021 • Partnership or limited partnership - the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer ap is on onnl 61 accompanied by a letter of authorization signed by one of the signatories notecFay egi®fI ®ffiCe1 applicable. A. GENERAL INFORMATION K 3. State Stormwater Permit Number: SW6130703 Project name: Peartree West Subdivision (Formerly Camden Glen Subdivision) Is this an updated project name from the current permit? ❑ Yes ® No Reason for the permit transfer request: TRANSFER TO HOMEOWNER'S ASSOCIATION CA ►7G� fart -A NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: AUG 16 2021 PERMIT TRANSFER APPLICATION FORM DENIM Pursuant to 15A NCAC 02H.1045 and other applicable statues as refeft9etrle Regional Office Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deq.nc.gov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW6130703 2. Project name: Peartree West Subdivision (Formerly Camden Glen Subdivision) Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: TRANSFER TO HOMEOWNER'S ASSOCIATION Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any 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; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark 'Y' if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Camden Glen Development LLC 2. Signing Official's Name: Harold Kidd 3. Signing Official's Title: Manager 4. Mailing Address: 6885 Cliffdale Road City: Fayetteville State: NC ZIP: 28314 5. Street Address: 6885 Cliffdale Road City: Fayetteville State: NC ZIP: 28314 6. Phone: (910) 864-9727 Email: I, Harold Kidd , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ® past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. 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 returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and uptil the facility is in compliance with the permit. Signature: Date: &C&t7v e r a Notary Public for the State of -- nn or+%) (" acn i trio County of do hereby certify that /r1 Gar d 10/ K t` J CA personally appeared before me this the / % day of ` M Ct1\� e-,-k 20 �;I , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Z GRONotary Signature: )�LC�w` [0 k/`�_ `otary Public Cumberland My commission expires // ���� _ County --ems` My Comm, Exp. 10-07-2024 Q Ili li\00 Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION The proposed permittee is the: ❑ Property owner (Also complete Part F.) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser- Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ® HOA / POA / UOA name: Peartree West Owners Association ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Radford Brown b. Signing Official's Title: HOA Management Company Representative c. Mailing Address: 2557 Ravenhill Drive Suite 1C City: Fayetteville State: NC ZIP: 28303 d. Street Address: 2557 Ravenhill Drive Suite 1C City: Fayetteville State: NC ZIP: 28303 e. Phone: (910) 493-3707 Email: rad(o)southeasternhoa.com 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: Southeastern HOA Management b. Contact Name: Radford Brown Title: Manager c. Mailing Address: 2557 Ravenhill Drive Suite 1C d. City: Fayetteville State: NC ZIP: 28303 e. Phone: (910) 493-3707 Email: rad(cDsoutheasternhoa.com Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I,Peartree West Owner's Association , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ® past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to therequirementslisted in the permit and in the operation and maintenance agreement. Signature: !� �- �^�� ✓' Date: 3- ft - 2 oL ( I, I (' I �� •(-oo Ve r a Notary Public for the State of n o r-41, �_aro I i al 0-- County of ao mbe w J do hereby certify that,-I-ho(Via5 %a0p6rc) personally appeared before me this the day of 1Y)G, e"r_13 20 `_1 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature ��� ` /�` . �' No , 6 Cumba�ando My commission expires a �1C�� _ County - My Comm_ coo l! e V"- ZO 10.07- 024 �Z Y CAR 11\0� Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City Phone: (_) Email: State: ZIP: 1, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non -Profit Corporation Legal Name Peartree West Owners Association Information Sosld: 1560465 Status: Current -Active O Date Formed: 12/14/2016 Citizenship: Domestic Annual Report Due Date: Registered Agent: Southeastern HOA Management, LLC Addresses Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Reg Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Officers Principal Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Reg Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 GK 10 0 2 1 P6 0 8 5 4 CUMBERLFILED AND COUNTY NC J. LEE WARREN, JR. €^ITOF DEEDS FILED Jan 19, 2017 AT 12:30:20 Pm BOOK 10021 START PAGE 0854 END PAGE 0879 INSTRUMENT # 01883 RECORDING $70.00 EXCISE TAX (None) is DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PEARTREE WEST (a single family residential subdivision) Prepared by/return to: Rebecca F. Person 2401 Robeson Street Fayetteville, NC 28305 THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made this 19' day of January, 2017, by CAMDEN GLEN DEVELOPMENT, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant"; WITNESSETH: Declarant is the owner of certain property in Cumberland County, North Carolina known as PEARTREE WEST, SECTION ONE, PART ONE, a plat of which has been duly recorded in Plat Book I ?d , Paged Z (the "Plat") of the Cumberland County, North Carolina Registry. Declarant desires that PEARTREE WEST be uniform in its development and the restrictions applicable thereto. Peartree West will be comprised of single family residential homes. Declarant desires to provide for the preservation of the values and amenities and for the maintenance of the common area in Peartree West and, under a general plan or scheme of improvement, desires to subject said property to the covenants, restrictions, easements, affirmative obligations, charges and liens hereinafter act forth, hereinafter referred to as the "Covenants" or the "Declaration", all of which is hereby declared to be for the benefit of said property and each and every owner of any and all parts thereof. Declarant deems it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which can be delegated and assigned the power and authority of maintaining and administering the common properties, administering and enforcing these covenants and restrictions and collecting and disbursing all assessments and charges gK10021 PG0855 necessary for such maintenance, administration and enforcement. Peartree West Owners Association, Inc. is incorporated under the laws of the State of North Carolina as a non-profit corporation and can exercise the functions aforesaid, which functions are hereinafter more fully set forth. NOW THEREFORE, Declarant declares that the real property described above shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants, restrictions, conditions, easements, assessments, affirmative obligations, and liens hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall run with, the real property described above and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS (a) ' "Association" shall mean and refer to Peartree West Owners Association, a North Carolina non-profit corporation, its successors and assigns. Membership in the Association is mandatory for all Owners. (b) "Board" or "Board of Directors" shall mean those persons elected or appointed and acting collectively as the Board of Directors of the Association. (c) "Common Properties" or "Common Areas" shall mean and refer to those tracts of land with any improvements thereon which are deeded or leased to the Association. The Common Properties to be owned by the Association includes the 2.48 acres labeled "Storm water Pond Esm't Open Space (Common Area)" and the 3.39 acres labeled `'Storm water Pond Esmt' Open Space (Common Area)" as shown on the Plat, a sign easement on the corner of Lot 1 of the Peartree subdivision shown in Plat Book 110, Page 78, and any cluster mailboxes serving the subdivision. All Common Properties shall be subject to the easements and other rights described herein or as shown on the Plat. The term "Common Properties" shall also include any personal property acquired by the Association if said property is designated as "Common Property." All Common Properties are to be devoted to and intended for the common use and enjoyment of the Owners persons occupying dwelling places or accommodations of Owners on a guest or tenant basis, and visiting members (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association; provided, however, that any lands which are leased by the Association for use as Common Properties shall lose their character as Common Properties upon the expiration of such Lease. (d) " Common Expenses" shall mean and include: (1) All sums lawfully assessed by the Association against its members; (2) Expenses of administration, maintenance, repair, or replacement of the Common Area, including without limitation, all labor, services, common utilities, materials, [, 1 002 1 PG0856 supplies, equipment, costs incurred in acquiring a Lot pursuant to a judicial sale, legal, accounting or managerial fees, and all expenses in connection with the Association's responsibilities under any storm water management agreement (the "Storm water Agreement") affecting the Property; (3) Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; (4) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws may require the association to purchase or as the Association may deem appropriate to purchase; (5) Ad valorem taxes and public assessment charges lawfully levied against Common Properties; (6) Any other expenses determined by the Board or approved by the members to be common expenses of the Association. (d) "Lot" shall mean and refer to any numbered plot of land shown upon any recorded subdivision map of the Property, as such map or maps may be from time to time amended or modified. (e) "Member" when used in the context of discussing the Peartree West Owners Association shall mean and refer to the Declarant and its designated officers, employees or agents and all those Owners who are Members of the Association as provided in this Declaration. (f) "Owner" shall mean and refer to the Owner as shown by the records in the Register of Deeds of Cumberland County, North Carolina, whether it be one or more persons, firms, associations, corporations, or other legal entities, including the Declarant, of fee title to any Lot depicted on the Plat, but notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of a security deed, its successors or assigns, unless and until such mortgagee or holder of a security deed has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term `'Owner" mean or refer to any lessee or tenant of an Owner. (g) "Period of Declarant Control" means the period commencing on the date hereof and continuing until the earlier of (i) December 31, 2046; or (ii) when Declarant has voluntarily terminated its Declarant has voluntarily terminated its Declarant Rights hereunder in writing. (h) "Property" or "Subdivision" shall mean and refer to PEARTREE WEST as shown on the Plat. "Property" shall also include future sections of PEARTREE WEST as the same pursuant to Article II below. ARTICLE, II PROPERTY, UTILITIES, AND RESERVED RIGHTS V10021 PC0857 Section 1 Existing Property. The real property which is and shall be held, transferred, sold, conveyed, given, donated, leased and occupied subject to these covenants is defined as the Property above. Section 2 Annexation of Additional Property. At any time prior to expiration of the Period of Declarant Control, additional land may be annexed by the Declarant without the consent of the Members and therefore become subject to this Declaration by the recording by Declarant of a plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be annexed. Any property annexed pursuant to this subsection may be annexed and subjected to this Declaration as one parcel or as several parcels at different times. The addition of such property pursuant to this section may increase the cumulative number of Lots within the Property and therefore, may alter the relative maximum voting strength of the various types of Members. Any Supplemental Declaration may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration, including, without limitation, different voting rights and different annual and special assessments for the Lots so annexed as Declarant, in its sole discretion, may deem necessary or appropriate to reflect the different character or use of the property added. A Supplemental Declaration annexing additional property need only be executed by the Declarant and, if applicable, by the owner of the property being annexed, and shall not require the joinder or consent of the Association or any of its Members. Section 3 Special Declarant Rights. Declarant reserves the following special declarant rights for the entire Property during the period of Declarant control: (a) To complete any and all improvements indicated on the plats and plans; (b) To exercise any development right reserved in this Declaration; (c) To construct and maintain any sales office, signs advertising the Property or any property which may be added thereto, management office or model on any of the Lots shown on the plat; NOTE: Common Area cannot be developed. (d) To use easements through the Common Area for the purpose of making improvements within the Property or any property added thereto; to enter upon the subdivision for access, including ingress and egress for both vehicles and pedestrians, to and from any public street; or to connect at Declarant's expense to any street, roadway walkway or other means of access located on the Common Area; (e) To create and add Lots, to alter the size of any Lot, combine or merge two or more Lots, to subdivide Lots or other Property into Common Property, to add Common Area, or to extend streets and utilities through Lots; provided the same is approved by the applicable County ordinance(s). BK 1 0021 PG0858 (f) To appoint or remove any officer or member of the Association Board during the period of Declarant control; (g) To annex any adjacent property developed in conformity with this Declaration; (h) To transfer responsibility for any storm water detention ponds or other BMP's affecting the Property to the Association in accordance with any Storm water Agreement; (i) To approve any supplemental declaration or other declaration of covenants, conditions or restrictions affecting any phase, sub -section or other portion of Peartree West; without Declarant's review and consent, such supplement declaration or other declaration of covenants, conditions or restrictions shall be voidable in the sole discretion of Declarant. Section 4. Utilities Reserved by Declarant. Declarant reserves the right to subject the Property to a contract with public utility provider(s) for the installation of overhead and/or underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to such public utility provider by the owner of each Lot. Declarant may devote any Lot or portion thereof, not already sold, for any construction and uses which it, in its discretion, deems necessary in order to provide the subdivision with utilities. Until the expiration of the Period of Declarant Control, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining such roadways, water, sewer, gas, storm water, drainage and retention, telephone, cable televisions and electric and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the Common Area and the conduct of construction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that its deems reasonably necessary or appropriate. After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. Section 5. Utility Easements. Easements for installation and maintenance for utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage, or which may obstruct or retard the flow of water. OK 1 002 ! PG0859 Section 6. Easements for Governmental Access. An easement is hereby established over the Common Area and every Lot within the Properties for the benefit of applicable governmental agencies for installing, removing, and reading water meters, maintaining and replacing water and sewer facilities, and acting for other purposes consistent with public safety and welfare, including, without limitation, law enforcement, fire protection, garbage collection and the delivery of mail. ARTICLE III PROPERTY RIGHTS IN THE COMMON AREA Section 1 Owners' Easement of Enjoyment in Common Area. Except as limited by the provisions of this Declaration, by the rules and regulations adopted by the Board of Directors of the Association, and any fees or charges established by the Board of Directors of the Association, every Owner shall have a right of easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title of every Lot. Section 2 Delegation of Use. (a) Family. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be exercised by members of the Owner's family who occupy the residence of the Owner within the Properties as their principal residence. (b) Tenants: Contract Purchasers. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be delegated by such Owner to his tenants or contract purchasers who occupy a residence within the Properties. (c) Guests. The right and easement of enjoyment and access granted to every Owner by Section l of this Article may be delegated to guests of such Owners, tenants or contract purchaser, subject to such rules and regulations as may be established by the Board of Directors. (d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by, upon and during suspension of such Owner's rights as provided in this Declaration. Additionally, the privilege granted to guests and tenants of Owners to use and enjoy the Common Areas, subject to the rules, regulations and fees, if any, established by the Association for such use, (other than ingress and egress) may be denied to or withdrawn from such guests or tenants by an affirmative vote of ninety percent (90%) of the votes cast at a meeting of the Association called for the purpose of voting on such denial or withdrawal. Section 3. Access Easement. Appurtenant to each Lot is an easement over the streets and roadways within the Properties for access, ingress and egress from and to public streets and an easement for pedestrian access, ingress and egress over sidewalks and walkways in the Common Area. Any such easement shall be upon such walkways, driveways or other ways as are designated by the Declarant and/or the Association and shall be subject to the terms of this Declaration. Section 4. Title to Common Area. The Declarant covenants for itself, its successors or assigns, that it shall convey to the Association by limited warranty deed the "Common Properties" HIQ021 PG0860 or "Common Area" prior to the conveyance of the first Lot by the Declarant. All said parcels of land may be conveyed to the Association subject to: (1) all restrictive covenants of record at that time, including but by no means limited to this Declaration; (2) all existing mortgages, if any; (3) a reservation by the Declarant of the right to substitute or add new mortgages thereon; provided, however, that in no event shall the Association be obligated to assume the payment of principal or interest on any such mortgage; (4) easements reserved by the Declarant herein for special declarant rights; and (5) any Storm water Agreement affecting the Property. Any Common Area shall not be further subdivided, developed or conveyed by the Association, except where approved under the provisions of Section 2402 Zero Lot Line Developments of the Cumberland County Ordinances and the County Zoning Ordinance. Section 5. Extent of Owners' Easement. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Bylaws, to borrow money from the Declarant or any other lender for the purpose of improving and/or maintaining the Common Area and providing services authorized herein and in aid thereof to mortgage said properties; (b) the right of the Association to take such steps as are reasonably necessary to protect the above -described properties against foreclosure; (c) the right of the Association to suspend the rights and easements of enjoyment of any Owner, or any tenant or guest of any Owner, for any period during which the payment of any assessment against any Lot owned by such Owner remains delinquent, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations, it being understood that any suspension for either nonpayment of any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Owner's obligation to pay the assessment; (d) the right of the Association to charge reasonable admission and other fees for the use of any recreational facilities situated or constructed on the Common Area, if any, and to limit the use of such facilities to Owners who occupy a residence on the Properties and to their families, tenants and guest, as provided in this Article; (e) the right of the Declarant or the Association by its Board of Directors to dedicate or transfer to any public or private utility, utility easements on any part of the Common Area; and (f) the right of the Association to give, dedicate, sell or exchange all or any part of the Common Area, including leasehold interests, to any public agency, authority, public service district, or private concern for such other purposes and subject to such conditions as may be agreed to by the Members, provided that no such gift or sale or determination as to the purposes or as to the conditions thereof shall be effective unless such dedication, transfer and determination as to purposes and conditions shall be authorized by (i) the Declarant as long as it owns any portion of Ek 1 002 1 FC086 1 the Property and (ii) the affirmative vote of three -fourths (3/4) of the votes cast at a duly called meeting of the Association, subject to the quorum requirements established herein and unless written notice of the meeting and of the proposed agreement and action thereunder is sent to every Member of the Association at least thirty (30) days prior to such meeting. A true copy of such resolution together with a certificate of the results of the vote taken thereon shall be made and acknowledged by an officer of the Association and such certificate shall be annexed to any instrument of dedication or transfer affecting the Common Area prior to the recording thereof. Nothing herein shall be deemed to prohibit the Board of Directors of the Association, without the consent of the Members, from granting easements over and across the Common Area to any public agency, authority or utility for the installation and maintenance of sewerage, utility (including cable television) or drainage facilities when, in the opinion of the Board, such easements are necessary for the convenient use and enjoyment of properties within Peartree West subdivision. (g) the right of the Association to open the Common Area and, in particular, any recreational facilities constructed thereon, for use by non-members of the Association; (h) the right of the Association to expand or add to the Common Area and to improve, maintain and operate the Common Area; and (i) the right of the Association to adopt, promulgate and enforce rules and regulations concerning the use of the Common Area; and Section 6. Regulation and Maintenance of Common Area and Common Area Easements. It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of the Owners, (a) Regulation of Common Area. The Association may adopt and promulgate rules and regulations governing the use of the Common Area by Owners and their family, guests and invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in violation of the rules and regulations contained in this Declaration or subsequently adopted by the Association. Without limiting the generality of the foregoing, except as specifically provided herein, no Owner or tenant, guest or invitee of an Owner shall, without specific prior written consent of the Association: (1) damage or waste the Common Area or improvements thereon or remove any trees or vegetation therefrom; (ii) erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of other Owners. (b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each Owner of a Lot upon which a Common Area easement lies shall pay all property EK 1 002 1 PG0862 taxes and other assessments levied against his Lot, including that portion of such tax or assessment as is attributable to such Common Area easement. (c) Rights and Responsibilities of the Association as to the Common Area, The Association shall have the right and obligation to ensure that the Common Area is preserved for the perpetual benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance covering the Association and its Members, Directors and officers, against any loss or damage suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting from use of the Common Area, and adequate hazard insurance covering the real and personal property owned in fee by the Association; and (iii) pay all property taxes, assessments for public and private capital improvements made to or for the benefit of the Common Area, and other assessments levied against all Common Area owned in fee by the Association. Upon default by the Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the Common Area or assessments for public improvements to the Common Area, which default shall continue for a period of six months, each owner of a lot or unit in the subdivision shall become personally obligated to pay to the County Tax Assessor a portion of such taxes or assessments in an amount determined by dividing the total taxes and/or assessments due by the total number of lots or units in the subdivision. If such sum is not paid by the Owner within thirty days following receipt of notice of the amount due, then such sum shall become a continuing lien on the lot or unit of the then Owner(s), the Owner(s)' heirs, devisees, personal representatives, assigns, and the County Tax Assessor may either bring an action at law against the Owner personally obligated to pay the same or may elect to foreclose the lien against the property of the Owner. (d) Declarant's and Association's Right of Entry. The Declarant and the Association and the employees, agents, contractors and subcontractors of each, shall have a non- exclusive right and easement at all times to enter upon any portion of a Lot reserved or designated as a Common Area easement for the purposes of: (i) installing and maintaining entrance signs, features, fencing and landscaping; and (ii) making such improvements to the Common Area; and (iii) maintaining the Common Area easement in its natural or improved state. ARTICLE IV USE RESTRICTIONS - LOTS Section 1. All Lots shall be used for residential purposes only and shall not be used for any business or commercial purposes; provided, however, that Declarant reserves the right to use any Lot and any improvements thereon owned by Declarant as a model home with sales office. Group homes are prohibited. Section 2. All Lots shall be residential lots, and no structure shall be erected, altered, placed or permitted to remain on any of said Lots except one detached single family dwelling of not more than two and one-half stories in height, a private garage for not more than three cars and other out- EK 1 002 1 PC0863 buildings in the rear of the dwelling house which may be incidental to normal residential use in subdivisions of similar category. Any such outbuildings shall be constructed in the same manner and with the same materials as the single family dwelling located on the Lot. No manufactured metal buildings may be placed on any of the Lots. Section 3. No dwelling shall be erected or allowed to remain on any of the Lots which shall contain a ground floor heated -area living space of less than one thousand eight hundred (1,800) square feet for a one-story single family dwelling or of less than one thousand two hundred (1,200) square feet for a two-story single family residential dwelling. Heated -area living space shall mean the ordinary living space in a house which is designed and constructed so as to be capable of being heated for regular living use in cold weather. In the computation of floor space, furnace room areas, garages, carports, and porches shall not be counted. No residence or other building, and no fence, wall, utility yard, driveway, swimming pool or other structure or improvement, regardless of size or purposes, whether attached to or detached from the main residence, shall be commenced, placed, erected or allowed to remain on any building Lot, nor shall any addition to or exterior change or alteration thereto be made, unless and until building plans and specifications covering the same, showing the nature, kind, shape, height, size, materials, floor plans, exterior color schemes with paint samples, location and orientation on the building Lot and approximate square footage, construction schedule, on -site sewage and water facilities, and such other information as the Declarant shall require, including, if so required, plans for the grading and landscaping of the building Lot showing any changes proposed to be made in the elevation of surface contours of the land, have been submitted to and approved in writing by the Declarant and until a copy of all such'plans and specifications, as finally approved by the Declarant have been lodged permanently with the Declarant. The Declarant shall have the absolute and exclusive right to refuse to approve any such building plans and specifications and Lot -grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons connected with future development plans of the Declarant of said land or contiguous lands. In passing upon such building plans and specifications and Lot -grading and landscaping plans, the Declarant may take into consideration the suitability and desirability of the proposed construction and of the materials of which the same are proposed to be built to the building Lot upon which it proposes to erect the same, the quality of the proposed workmanship and materials, the harmony of external design with the surrounding neighborhood and existing structures therein, and the effect and appearance of such construction as viewed from neighboring properties. In the event the Declarant fails to approve or disapprove such building plans and specifications within thirty (30) days after the same have been submitted to it as required above, or the foundation of the building has been completed and approved by the local building inspection department, the approval of the Declarant shall be presumed and the provisions of this paragraph shall be deemed to have been complied with. However, no residence or other building, structure or improvements which violates any of the covenants and restrictions herein contained or which is not in harmony with the surrounding neighborhood and the existing structures therein shall be erected or allowed to remain on any part of a Lot. All driveways shall be constructed of concrete. Section 4. All structures on any of said Lots shall comply with the setbacks as shown on the recorded Plat. For the purposes of these covenants, eaves, steps, overhangs and chimneys shall not be considered as a part of the building, provided, however, that this shall not be construed to 3A 1 002 1 PG0864 permit any portion of any improvement on a Lot to encroach upon another Lot. When consistent with the zoning ordinance, the building line setback as provided for in this paragraph may be varied by (i) the Declarant so long as the Declarant owns any Lot in the subdivision herein described, or (ii) as much as ten (10) percent with the express written consent of the Declarant, which said consent document need not be on record in the Office of the Register of Deeds of Cumberland County, North Carolina. Section 5. No chain link, wire or concrete block fences shall be permitted on any Lot. No fence shall be erected closer to any street line than the rear corner, closest to the street, of the single family residential dwelling located on the Lot. No fence shall exceed six (6) feet in height. For those Lots which are corner lots, no such fencing may be placed or erected on an improved corner Lot any closer to the street than the back rear comer of the principal dwelling structure closest to the street and, on vacant Lots, closer to any street than the setback line. Ornamental fences (e.g., split rail fences or fences through which there is at least 75% visibility) not to exceed three (3) feet in height may be erected between the house and the street rights of way lines upon prior written approval by Declarant pursuant to Section 3 hereof. For all wooden fences, the finished side must face the exterior of the Lot and the bracing must be face the interior of the Lot. Section 6. Television satellite or dish antennas having a diameter in excess of twenty-two inches (22") are prohibited. All allowable satellite dishes or antennae are to be placed or installed at the rear of the house or the rear corner of the Lot. Section 7. No sign or signs other than a "For Sale" or "For Rent" sign shall be displayed on any Lot. Section 8. No automobile or other mechanical repairs shall be conducted within a Lot other than in a garage or concealed from public view. No mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall be placed or allowed to remain on a Lot at any time except in a closed garage. No truck or vehicle used with eighteen wheels (such as a "tractor" or "semi") shall be permitted to be parked on the Properties except in the course of delivery, pick up, or discharge of a specific commercial duty. No vehicle in inoperable condition, no unlicensed vehicle, no recreational vehicle, no camper, no golf cart, no boat, and no jet ski or other watercraft may be parked on any street or on any Lot, unless kept inside a garage or behind an approved fence or otherwise concealed from public view. No parked vehicle shall be covered by a "car cover" or other similar covering unless kept inside a garage and concealed from public view. No truck or vehicle, no camper, no golf cart, no boat, Jet Ski or other watercraft, and no trailer may be kept within the Common Area. For the purpose of the preceding sentences, the term "kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever is less. In order to preserve the aesthetics of development, whether or not a boat, trailer, or vehicle of any type is adequately concealed from public view shall be determined by the Association in its sole discretion. The Association shall have the right to tow or remove any boat, trailer, recreation vehicle, camper, jet ski, watercraft, golf cart or vehicle of any type which is parked within the Common Area or kept on any Lot in violation of this section, at the Owner's expense, and the Owner of each Lot, by acceptance of their deed, does grant to the Association such an easement, on, across, and upon their Lot as may be necessary to enforce the provisions set out in this section. tiK 1 002 1 PG0865 Section 9. No tent, shack, garage, barn or similar type outbuilding shall be placed, erected or allowed to remain on any Lot without the written consent of Declarant, its successors or assigns. Nor shall any structure of a temporary character be used as a residence temporarily, permanently or otherwise. Section 10. It is understood and agreed that these restrictions are made for the mutual benefit of the grantors and grantees and any and all subsequent grantees, and all such parties shall be deemed to have a vested interest in these restrictions and the right to enforce same. Section 11. The invalidation of any one or more or any part of any one or more of the covenants and conditions set forth herein shall not affect or invalidate the remaining covenants or portions thereof. Section 12. The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Lot, except the keeping of orderly domestic pets (dogs and/or cats) shall be permitted; provided, however, that such pets are not kept or maintained for commercial purposes for breeding; and, provided, further, than any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property. All pets shall be registered and inoculated as required by law. No pets may be staked, leashed, or chained outside nor may they run loose in the neighborhood. No dangerous dogs, including, but not limited to Pittbulls, Rottweilers, Dobermans, Akitas and Chows, may be exercised in the neighborhood, even if the dog is on a leash. Section 13. Each Lot Owner covenants and agrees that he will control the noise level emanating from any activities on the Lot at a reasonable level. The Lot Owner shall not allow the noise level to become a nuisance or to otherwise interfere with adjoining Lot Owners' reasonable use of their Lots. Section 14. Each Lot Owner shall be responsible for the construction of a five foot (5') wide sidewalk along the Lot frontage in accordance with the Cumberland County ordinance requirements at such time as construction of a residence upon the Lot is commenced. ARTICLE V USE RESTRICTIONS - COMMON PROPERTIES No Owner may build or erect any structure or improvement upon or within the Common Properties. No basketball goals may be erected or placed in the street right of way. No Owner may alter the grade or contours of any berm located within the Common Properties. No Owner may park or store motor vehicles, boats, trailers, etc., or plant or modify in any fashion the land, trees, shrubberies, and other landscaping within the Common Properties except as may be required to comply with storm water management regulations set forth below. it is the intention of the Declarant that the Owner's Association shall be solely responsible for the maintenance, upkeep and repair of the retention pond within the Common Properties. uK 1 002 1 P60666 ARTICLE VI USE RESTRICTIONS - STORMWATER MANAGEMENT REGULATIONS Section 1. Covenants. The following covenants are intended to ensure ongoing compliance with State Storm water Management Permit Number SW6130703, as issued by the Division of Water Quality under the Storm water Management Regulations. The State of North Carolina is made a beneficiary of the covenants in this Article VII to the extent necessary to maintain compliance with the storm water management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to storm water in this Article VI may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per Lot is as listed below: Lot # BUA All Lots 5,000 sf 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. Each Lot will maintain a 30 foot (30') wide vegetated buffer between all impervious areas and surface waters. All runoff from the built -upon areas on the Lot must drain into the permitted system. This may be accomplished through a variety of means, including roof drain gutters, which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect the Lot runoff and directing them into a component of the storm water collection system. Lots that will naturally drain into the system are not required to provide these measures. Section 2 Operation and Maintenance Agreement. The Storm water Agreement for Peartree West is attached hereto as Exhibit A and incorporated herein by this reference. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Every Owner shall be a Member of the Association. The Declarant acting through its designated officers, employees and agents shall be a Member of the Association. In the case of multiple ownership of any Lot, each Owner shall be a Member, subject to such limitations and fees established by the Declarant. Section 2. The Association shall have one type of regular voting membership. Each Member shall be entitled to one (1) vote for each Lot which he owns. 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 6K 1 002 1 P50867 any Lot. If a residence is constructed on more than one Lot, the Owner shall have one vote for the residence, but shall have no additional vote for each other Lot comprising a part of the total consolidated home or building site so long as such Lot remains a part of the consolidated site. Section 3. The Association shall be initially governed by a Board of Directors consisting of three (3) persons, with the number in subsequent years to be determined as provided for in the By -Laws of the Association. The Declarant shall have the right to appoint and remove all three (3) persons on the Board and to appoint and remove all officers of the Association during the Period of Declarant Control. Section 4. Each Member shall be entitled to as many votes as equals the number of votes he is ordinarily entitled to multiplied by the number of Directors to be elected, but may not cast all of such votes for any one (1) Director and must distribute them among the number to be voted for, and all votes must be cast in whole numbers and not fractions thereof. It is the intent of this Section to prohibit cumulative voting. ARTICLE VIII COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges which are Common Expenses; (2) special assessments for extraordinary maintenance and capital improvements; and (3) to the appropriate governmental taxing authority, a pro rata share of assessments for public improvement to the Common Properties if the Association shall default in payment thereof. The annual and special assessments, together with interest and costs, and reasonable attorney's fees for collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed by them. The Association shall also have the authority, through the Board of Directors to establish, fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the association arising from breach by such Owner of any of the provisions of this Declaration which breach shall require the expenditure of time and money or both, by the Association to repair or remedy. Each Owner covenants, for himself, his heirs, successors and assigns, to pay each assessment levied by the association on the Lot described in such conveyance to him within ten (10) days of the due date as established by the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as provided herein and shall continue to be such lien until fully paid. OK I Doti P60868 Section 2. The assessments levied by the Association shall be used exclusively for the paying of Common Expenses and for the use and enjoyment of the Common Properties, together with reasonable and prudent reserves, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed against the Common Properties, the providing for limited access to the property, the procurement and maintenance of insurance in accordance with the Bylaws or as deemed appropriate by the Board, the employment of counsel, accountants and other professionals for the Association when necessary, and such other needs as may arise. Section 3. The initial annual assessment for Common Expenses shall be in an amount not to exceed $240.00 annually based on the calendar year; such annual assessment for each Lot shall commence as of January 1 of the year during which the first sale of the Lot with a completed residence occurs (the "First Sale"). In addition, each Lot shall be assessed a one time or initial start-up fee of $75.00 at the time of the closing of the First Sale. Thereafter, the Board of Directors shall fix the annual assessment. Section 4. Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default and shall bear interest from the due date at the rate of eighteen (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, or foreclose the lien against the Lot. 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. The lien herein granted unto the Association shall be enforceable pursuant to Article 2A of Chapter 45 of the General Statutes from and after the time of recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the Property is located in the manner provided therefore by Article 8 of Chapter 44 of the North Carolina General Statutes ARTICLE 1X GENERAL PROVISIONS Section 1. So long as Declarant is an owner of a Lot shown on the plat, Declarant, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these Restrictive Covenants. Failure by the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. These Restrictive Covenants shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to these Restrictive Covenants, their respective legal representatives, heirs, successors and assigns. These Restrictive Covenants may be amended by a written recorded instrument signed by Owners of Lots to which at least seventy-five percent (75%) of the votes in the Association have been allocated. In addition, Declarant shall have the right to amend these Restrictive Covenants reasonably in conformity with the plan of development by a written recorded instrument during the Period of Declarant Control. GK 1 002 1 PG0869 Section 3. In the event of any conflict between the provisions of these Covenants and any applicable provisions of the Cumberland County Ordinance, the provisions of the Cumberland County Ordinance shall control. [Remainder of page left blank intentionally] B;,(10021 PG0870 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By: A Name: Harold J. I idd Title: Manager NORTH CAROLINA CUMBERLAND COUNTY I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has swom to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated above: Name of Principal: Harold J. Kidd Date: /�9�7 Notalf Public My commission (N.P. SEAL) I%%Lcv Printed or yped Name of Not ry Public Nor,It► A� L tic 8K10021 POO871 Exhibit A [Consisting of Wet Detention Basin Operation and Maintenance Agreements for Drainage Areas 8 and 101 aK 1 0021 P60872 Permit Number:_ S W 613 0 `j 0 3 (to be provided by DWQ) Drainage Area Number: 8 Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem __ How I will remediate the problem: The entire BMP Trash/debris is present __' Remove the trash/debris. The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. i Vegetation is too short or too long. Maintain vegetation at a height of , approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 GKioozi P60813 Permit Number._ S W fo 1 3 A 7 0 3 (to be provided by DWQ) Drainage Area Number:__. V . . BMP element: Potential roblem: How I will remediate the roblem: The inlet device: pipe or The pipe is clogged. unclog the pipe. Dispose of the Swale sediment off -site. _ The pipe is cracked or Replace the pipe, otherwise damaged. ___ Erosion is occurring in the egrade the Swale if necessary to Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion Erosion has occurred. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the an rather than spraying. The vegetated shelf Best professional practices Prune according to best profession show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying, problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the I ground cover if a soil test indicates __ tt is necessary. _ . _.._ Remove the weeds, preferably by Weeds are present. hand. if pesticide is used, wipe it on the plants rather than s rayin . The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove and control the algal growth. 50% of the area. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 gg10021 P60 83 4 Permit Number: S W1e_I .'�' Di o 3 (to be provided by DWQ) Drainage Area Number: g . . ...._ BMP element The embankment Potentialproblem; Shrubs have started to grow How I will remediaEe the roblem: Remove shrubs immediately. on the embankment. u Use traps to remove muskrats and consult a professional to remove Evidence of muskrat or beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. Repair or replace the outlet device. The outlet device is damaged The receiving water Erosion or other signs of damage have occurred at the outlet. Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 5 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 139 Sediment Removal F 134 �emnen aPool Volume -------------- -olumeSediment Removal Elevation134 -----------------1ftBottom Flevatio 133 Mrn' Bottom Elevation I.i3 Sediment Sedrmcr Storage Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 GK 1 002 1 ?G087S Permit Number: $ W to (3 0 -% V B (to be provided by DWQ) I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Peartree West BMP drainage area number: 8 Print name:Harold Kidd Title:Member/Manager of Camden Glen Development LLC Address:6885 Cliffdale Road Fayetteville NC 28314 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 2,7 rl,;o , a Notary Public for the State of County of 1"40 _,do hereby certify that �(!4 _ personally appeared before me this /7 day of ./,2_ and acknowledge the due execution of the forg g wet detention basin maintenance requirements. Witness my hand and official N ary ublic seal, SEAL My commission Mary C. Manship Printed Name Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 BK10021 PB0876 SW(013D�03 —_ Permit Number:_-... _.. ..__ ..........— (to be provided by DWQ) Drainage Area Number: 10 Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): [] does ® does not incorporate a vegetated filter at the outlet. This system (check one): does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. How 1 will remediate the proble, The entire BMP _ _Trash/ debris is resent. � Kemove me mism u----._.. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is I established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of _ Annroximately six inches. Form SW401-Wet Detention Basin O&M-Rev.G Page 1 of`4 BK 1 002 { PG0877 Permit Number: $ W—U_I 307 0 3- (to be provided by DWQ) Drainage Area Number:_ l_O_ BMP element: Potential problem: How I will remediate the problem, The inlet device_ pipe or The pipe is clogged. Unclog the pipe. Dispose of the Swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged - Erosion is occurring in the ReIra de the Swale if necessary to Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion_. The forebay Sediment has accumulated to Search for the Source of the and remedy the problem if a depth greater than the original design depth for sediment possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to revent future erosion roblems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. - Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand, If pesticide is used, wipe it on the plants rather than spraying. .._._.... The main treatment area — Sediment has accumulated to Search for the source of the and remedy the problem if a depth greater than the original design sediment sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth, Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. ...... Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 8K 1002 1 P60818 Permit Number: (to be provided by DWQ) Drainage Area Number:... _1 a _.._ _ BMP element: The embankment Potentialproblem: Shrubs have started to grow How I will remediate the roblem Remove shrubs immediately. on the embankment. Evidence of muskrat or beaver activity is present. Use traps to remove muskrats and consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair, if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Re air or it lace the outlet device. The receiving water J Erosion or other signs of damage have occurred at, the outlet, Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads -L feet in the forebay, the sediment shall be removed. BASIN DIAGRAM Ulf in the blanks) Sediment Removal F.. 153 1 Pefinallelll _-----"---_--_ _- volume Bottom Filevatioi l52 ft Min. Sediment Storage ROREBAY Form SW40I-Wet Detention Basin O&M-Rev.4 Permanent Pool Elevation 158 Sediment Removal Elevation 153 volume ------------ Bottom Elevation l52 1-ft Sedime MAIN POND Page 3 of 4 Storage 9K 0 0 2 l PG o 819 Permit Number: 5 v✓ l0 13.010-3 (to he provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Peartree West BMP drainage area number: 10 Print name:Harold J. Kidd Title:Member/Mane er of Camden Glen Development, LLC Address:6885 Cliffdaie Road Fa ettevilte NC 28314 Date: 1/19/17 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, Mary C. Manship , a Notary Public for the State of North. Carolina,. _ ,County of Cumberland do hereby certify that Harold Kidd, Member/Manager _ personally appeared before me this 19 day of January , 2017 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, of y Publi Mary C. Manshi Printed Name MOTA*1► A44kw SEAL My commission cxpires 5 / 12 /2020 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 BK 1 002 1 PG0880 FILED CUMBERLAND COUNTY NC J. LEE WARREN. JR. REGISTER OF DEEDS FILED Jan 19. 2017 AT 12:30:20 pm BOOK 10021 START PAGE 0880 END PAGE 0882 INSTRUMENT # 01884 RECORDING $26.00 EXCISE TAX (None) is NORTH CAROLINA NON -WARRANTY DEED Excise Tax $ none Parcel Identifier No. Part of to W Prepared by/Mail after recording to: Rebecca R Person 2401 Robeson Street Fayetteville, NC 28305 THIS DEED made this day of ��, 20 / 7 , by and between: GRANTOR GRANTEE CAMDEN GLEN DEVELOPMENT, LLC, a I PEARTREE WEST OWNERS ASSOCIATION, North Carolina limited liability company a North Carolina non-profit corporation . Mailing Address: 6885 Cliffdale Road Fayetteville, NC 28314 Mailing Address: 2401 Robeson Street Fayetteville, NC 28305 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W1TNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Rockfish Township, Cumberland County, North Carolina and more particularly described as follows: See Exhibit A attached hereto. This conveyance is made subject to the provisions of that certain Declaration of Covenants 6K 1 002 1 POO881 recorded in Book 10021 , Page J 544- , as the same have been amended from time to time, and the various restrictive covenants and easements as the same may appear of record and is subject to the declarant rights as set forth therein. THIS PROPERTY DOES NOT INCLUDE THE GRANTOR'S PRINCIPAL RESIDENCE. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer effective the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By. (SEAL) Name: // lwwe i46 Title: mAet NORTH CAROLINA CUMBERLAND COUNTY I certify that the following person(s) personally appeared before me this day and acknowledged to me that he or she voluntaril si ed the fore oin document for the purpose stated therein and in the capacity indicated: y g Name of Principal: /ZO/a/ � � _MC�nti4c/L Date: /,I-7X7 / tary Publi My commission expires: s Printed or Typed Name of Notafy Public 00TAko Afton (N.R SEAL) BK 1 002 1 PG0882 EXHIBIT A BEING ALL OF that certain property described as follows: (i) "STORMWATER POND ESM'T OPEN SPACE (COMMON AREA) 2.49 Ac" as shown on plat entitled "PEARTREE WEST SECTION ONE, PART ONE" as recorded in Plat Book 139 , Page 1-72. , Cumberland County Registry; and (ii) "STORMWATER POND ESM'T OPEN SPACE (COMMON AREA) 3.39 Ac" as shown on plat entitled "PEARTREE WEST SECTION ONE, PART ONE" as recorded in Plat Book 131 , Page 1 '7 a , Cumberland County Registry. FILED 6K 10 1 6 3 PO 0 1 2 4 CUMBERLAND COUNTY NC J. LEE WARREN, JR. REGISTER OF DEEDS FILED Sep 06, 2017 'AT 11:26:34 am BOOK 10163 START PAGE 0124 END PAGE 0126 INSTRUMENT # 28273 RECORDING $26.00 EXCISE TAX (None) AH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PEARTREE WEST (Single Family Subdivision) Prepared by/ to: Rebecca F. Person 6g>V 2401 Robeson Street Fayetteville, NC 28305 THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PEARTREE WEST (this ("Amendment") is made and entered into this ts4 day of SeP-irm.-i be-r , 2017 by CAMDEN GLEN DEVELOPMENT, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant" . WITNESSETH: Declarant executed and caused to be recorded a certain "Declaration of Covenants, Conditions, and Restrictions for Peartree West (Single Family Subdivision)" in Book 10021, Page 854, Cumberland County, NC, Registry (hereinafter the "Declaration"), the terms of which are incorporated herein by this reference. The Declaration was amended by "Amendment to Declaration of Covenants, Conditions and Restrictions for Peartree West" in Book 10049, Page 823 and in Book 10086, Page 292 of the aforesaid Registry. Declarant desires to amend the Declaration as set forth herein. NOW, THEREFORE, in consideration of the premises, Declarant expressly amends the Declaration as follows: ARTICLE IV, Section 5 shall be deleted and the following shall be inserted in lieu thereof. Section 5. No chain link, wire or concrete block fences shall be permitted on any Lot. No fence shall be erected closer to any street line than the rear corner, closest to the street, of the single family residential dwelling located on the Lot. No fence shall exceed six (6) feet in height. For those Lots which are corner lots, no such fencing may be placed or erected on an improved corner OX 1016 3 PO O 125 Lot any closer to the street than ten (10) feet from the back rear corner of the principal dwelling structure closest to the street. On vacant-LOt4j' grsuch fencing may be placed or erected closer to any street than the setback line. Ornamental fences (e.g., split rail fences or fences through which there is at least 75% visibility) not to exceed three (3) feet in height may be erected between the house and the street rights of way lines upon prior written approval by Declarant pursuant to Section 3 hereof. For all wooden fences, the finished side must face the exterior of the Lot and the bracing must face the interior of the lot. Until the expiration of the Period of Declarant Control, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining such roadways, water, sewer, gas, storm water, drainage and retention, telephone, cable televisions and electric and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the Common Area and the conduct of construction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that its deems reasonably necessary or appropriate. After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. [Signatures continued on next page.] 010 163 P O } .2.6 . IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By: I tC4 Name: Harold J. Kidd Title: Manager STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: Harold J. Kidd Date: - 9 / I / 1 j/-7 My commission expires: / 0 7 (Affix notarial stamp or seal] Notary Public �rrE),JQ, Printed or Typed Name of Notary Public �M. G�4p�''% t4�NQSr _TARcma PUBLIC (N.R SEAL) �'�i.,,�Th' CA "� OK i 0086 P00292 AMENDMENT TO' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PEARTREE WEST (Single Family Subdivision) Prepared by/retum to: Rebecca F. Person aeV. 2401 Robeson Street Fayetteville, NC 28305 FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR. REGISTER OF DEEDS FILED May 05, 2017 AT 12:44:31 pm BOOK 10086 START PAGE 0292 END PAGE 0294 INSTRUMENT # 14171 RECORDING $26.00 EXCISE TAX (None) it LC THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PEARTREE WEST (this ("Amendment") is made and entered into this 4s' day of May, 2017 by CAMDEN GLEN DEVELOPMENT, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant" . WITNESSETH: Declarant executed and caused to be recorded a certain "Declaration of Covenants, Conditions, and Restrictions for Peartree West (Single Family Subdivision)" in Book10021, Page 854, Cumberland County, NC, Registry (hereinafter the "Declaration"), the terms of which are incorporated herein by this reference; which Declaration was amended by "Amendment to Declaration of Covenants, Conditions and Restrictions for Peartree West" in Book 10049, Page 823 of the aforesaid Registry. Declarant desires to amend the Declaration as set forth herein. NOW, THEREFORE, in consideration of the premises, Declarant expressly amends the Declaration as follows: ARTICLE II, Section 4 shall be deleted and the following shall be inserted in lieu thereof: Section 4 Utilities Reserved by Declarant. Declarant reserves the right to subject the Property to a contract with public utility provider(s) for the installation of overhead and/or underground electric cables and/or the installation of street lighting and/or the installation of sanitary sewer and sanitary sewer lift station, any of which may require an initial payment and/or a continuing monthly payment to such public utility provider by the owner of each Lot to be 11.1p086 No29`3 J included within the regular electric, water and/or sanitary sewer utility billing. Declarant may devote any Lot or portion thereof, not already sold,-for:any construction and uses which it, in its discretion, deems necessary in order to provide the subdivision with utilities. Until the expiration of the Period of Declarant Control, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining such roadways, water, sewer, gas, storm water, drainage and retention, telephone, cable televisions and electric and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the Common Area and the conduct of construction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading-ofthe soil, relocate utility facilities within said easement and take any other similar action that its deems reasonably necessary or appropriate. After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. [Signatures continued on next page.] • ' 8K10086 P6.02,54 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By. Name: Harold J. Kidd Tit-lw--Manager- _ STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: Harold J. Kidd Date: My commission expires: / U fll / (Affix notarial stamp or seal] Notary Public Y- Vic 1t rexy? Printed or Typed Name of Notary Public (N.P. SEAL) IKII0430 P0.0264 FILED CUMBERLAND COUNTY NC J, LEE WARREN, JR. REGISTER OF DEEDS FILED Jan 08, 2019 AT 01:27:26 pm BOOK 10430 START PAGE 0264 END PAGE 0269 INSTRUMENT # 00526 RECORDING $26.00 EXCISE TAX (None) DJ SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS PEARTREE WEST SECTION ONE, PART TWO Q4.�otn-`rn��R Prepared by/rani to: Rebecca F. Person, 2401 Robeson Street, Fayetteville, NC 28305 THIS SUPPLEMENTAL DECLARATION OF COVENANTS is made and entered into this 14 day of December , 20 18 by CAMDEN GLEN DEVELOPMENT, LLC, a North Carolina corporation, hereinafter referred to as "Declarant": WITNESSETH: Declarant has previously executed and caused to be recorded a certain "Declaration of Covenants, Conditions and Restrictions" in Bookl0021, Page 854, Cumberland County, NC, Registry, which was amended by instruments recorded in Book 10049, Page 823, Book 10086, Page 292 and Book 10163, Page 124 (hereinafter, as amended, the "Declaration"); the terms of which are incorporated herein by this reference. The Declaration by its terms applied to and covered to that portion of the Peartree West subdivision as is shown on plat recorded in Plat Book 138, Page 172 and Plat Book 139, Page 11, of the Cumberland County, NC, Registry. The Declaration provided that future sections of Peartree West would become subject to the Declaration after recording of the plat for said new section and recording of a Supplemental Declaration which expressly made the new section subject to them. Declarant is the owner of and has caused to be recorded a plat of Peartree West Section One, Part Two (the "New Section") as recorded in Plat Book A'A- , Page 1_1 Cumberland County, North Carolina Registry. Declarant desires the New Section as set forth above be subject to and bound by the Declaration, and further desires that the said real property as shown on said plat of the New Section held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Declaration. NOW, THEREFORE, in consideration of the premises, the Declarant hereby expressly declares that the New Section be and hereby is subject to the Declaration. All references to a 6K10430 PGo265 recorded plat in the Declaration shall include the plat of the New Section. "Lot" shall include a numbered lot as shown on the plat of the New Section. "Common Properties" in the Declaration shall include (i) the "Stormwater Pond (Drainage, Access & Stormwater Management Esm't (Open Space/Common Area) 1.92 Ac." and (ii) the ten foot (10') landscape and fence easement as shown on the plat of the New Section. "Stormwater Agreement" shall include the Wet Detention Basin Operation and Maintenance Agreement pertaining to the Stormwater Pond shown on the New Plat. "Exhibit A" attached to the Declaration shall include the Wet Detention Basin Operation and Maintenance Agreement pertaining to the Stormwater Pond shown on the New Plat which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed in its name. CAMDEN GLEN DEVELOPMENT, LLC By',—�1C— 4 Name: Harold Kidd Title: Member/Manager NORTH CAROLINA CUMBERLAND COUNTY I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: Harold Kidd, Member/Manager Date: /S��jR N tary Public Printed or T ped Name of N tary Public My commission expires: 3 ` ,"°" pAAR Y c''' M +ram (N.R SEAL) Ex/4iB/T A Permit Numte 1 000 PG 0 2 6 6 (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): E] does ® does not incorporate a vegetated filter at the outlet. This system (check one): does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate the problem; - The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application, Vegetation is too short or too long. Maintain vegetation at a height of I approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 JK J 0430 P6 0 2 61 Permit Number: (to be provided by DIYQ} Drainage Area Number: BMP element: Potential roblem: How I will remediate theproblem: The inlet device: pipe or swale The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to a depth greater than the original design depth for sediment storage. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices show that pruning is needed Prune according to best professional practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to a depth greater than the original design sediment storage depth, Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over 50% of the area. Consult a professional to remove and control the algal growth. Cattails, phragmites or other invasive plants cover 50% of Remove the plants by wiping them with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 �K I ©4 3 0 Plt4 2 5$ Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: The embankment Potentialproblem:How Shrubs have started to grow I will remediate the roblem: Remove shrubs immediately. on the embankment. Evidence of muskrat or beaver activity is present. Use traps to remove muskrats and consult a professional to remove beavers. A tree has started to grow on the embankment. Consult a dam safety specialist to remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if a licable The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged_ Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the outlet, Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5 feet in the main pond, the sediment shall be removed. ' When the permanent pool depth reads 5 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM 011 in the blanks) Permanent Pool Elevation 160 155 1 Peanen Pool .______________ _olume Sediment Removal Elevation 155 Volume 154 Min. --- --------eiment Bottom Elevation 154 Storage Sedimei Storage FOREBAX MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 p(i 0 4 30 pg 0 2 6 9 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Peartree West BMP drainage area number: 9 Print name:Harold Kidd Title: Member/Manager Op C awn du+ G I e,.ti D e v e, J- pp no e n f, L L C- Address:6885 Cliffdale Road Fayetteville, NC 28314 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of County of do hereby certify that personally appeared before me this L91, day of 1�G�a�„ ..e , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, *14otylic SEAL / My commission expires Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 OKI0553 P00043 FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR. REGISTER OF DEEDS FILED Jul 29, 2019 AT 04:23:31 pm BOOK 10553 STP RT PAGE 0043 EN[ PAGE 0046 INSTRUMENT# 23257 RECORDING $26.00 EXCISE TAX (None) CHT AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PEARTREE WEST (Single Family Subdivision) 4 Prepared by/ratusa to: Rebecca F. Person, PLLC, 2401 Robeson Street, Fayetteville, NC 28305 THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF FOR PEA RTREE WEST (this ("Amendment") is made and entered into this the _ 9.5thdayof July , 2019 by CAMDEN GLEN DEVELOPMENT, LLC a North Carolina Limited Liability Company, hereinafter referred to as "Declarant'. WITNESSETH: Declarant executed and caused to be recorded a certain "Declaration of Covenants, Conditions, and Restrictions for Peartree West (Single Family Subdivision)" in Book 10021 Page 854, Cumberland County NC Registry (hereinafter the "Declaration"), the terms of which are incorporated herein by this reference. The Declaration was amended by "Amendment to Declaration of Covenants, Conditions and Restrictions for Peartree West' in Book 10049, Page 823; Book 10086, Page 292; Book 10163 Page 124; Book 10430, Page 264; and the "Supplemental and Amended Declaration of Covenants Peartree West Section One, part Two' in Book 10437, Page 189 of the aforesaid Registry. Declarant desires to amend the Declaration as set forth herein. NOW, THEREFORE, the Declarants hereby expressly declare that the Declaration shall be amended as follows: a. Article I is amended to add the following definition: (i) "Commercial Vehicle" shall mean and refer to, but it is not limited to, the following vehicles: limousines, passenger transport vehicles, any vehicle with a ladder and equipment racks, dump trucks, tow trucks, tractor trailer tractors, tractor trailer trailers, landscaping trucks, flatbed trucks, cement trucks, and Lorry trucks. Solely the display of commercial signage (business name, phone numbers, etc.) will not cause a vehicle to be considered a commercial vehicle. Conversely, the absence of vehicle signage does not preclude a vehicle from being considered commercial. b. Section 8 of Article IV is deleted and in lieu thereof the following is substituted: OKI0553 P00044 Section 8. No automobile or other mechanical repairs shall be conducted within a Lot other than in a garage or concealed from public view. No mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall be placed or allowed to remain on a Lot at any time except in a closed garage. No Commercial Vehicle shall be permitted to be parked on any Lot or on the Properties except in the course of delivery, pick up, or discharge of a specific commercial duty. No vehicle in inoperable condition, no unlicensed vehicle, no recreational vehicle, no camper, no golf cart, no boat, no trailer of any kind, and no jet ski or other watercraft may be parked on any street or on any Lot, unless kept inside a garage or behind an approved fence or otherwise concealed from public view. No parked vehicle shall be covered by a "car cover" or other similar covering unless kept inside a garage and concealed from public view. No truck or vehicle, no camper, no golf cart, no boat, jet ski or other watercraft, and no trailer of any kind may be kept within the Common Area. For the purpose of the preceding sentences, the term "kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever is less. In order to preserve the aesthetics of development, whether or not a boat, trailer, or vehicle of any type is adequately concealed from public view shall be determined by the Association in its sole discretion. The Association shall have the right to tow or remove any boat, trailer, recreation vehicle, camper, jet ski, watercraft, golf cart, Commercial Vehicle, or vehicle of any type which is parked within the Common Area or kept on any Lot in violation of this section, at the Owner's expense, and the Owner of each Lot, by acceptance of their deed, does grant to the Association such an easement, on, across, and upon their Lot as may be necessary to enforce the provisions set out in this section. c. Article IV is amended to add the following Sections: Section 14. Each Lot shall be maintained in a neat condition by the Owner thereof. For the purposes of this Section, "Lot" shall include the portion of the property from the outside of the structure on the applicable Lot to the adjacent paved road surface, including any drainage swales located therein. All Lots upon which a dwelling has been constructed ("Improved Lots") must have grass lawns. No gravel or similar type lawns are permitted. For Improved Lots, "neat" shall require, at a minimum, that the front yard of each Lot, and in the case of corner lots, the side of each Lot along the side abutting roadways, be sodded, be regularly cut and fertilized, and that mulched or pinestrawed areas be regularly re -mulched or re- pinestrawed and kept weeded so that its appearance is in harmony with the neighborhood. No Owner shall allow the grass on an Improved Lot to grow to a height in excess of six (6) inches, measured from the surface of the ground. For unimproved Lots, "neat" shall require the the Lot is maintained in a slightly condition, free of debris, rubbish, weeds, and high grass and in a prudent and reasonable manner harmonious with that of the other Lots within the subdivision. Owners shall remove all trash from their Lots regularly. All driveways shall be maintained and any cracks repaired. All joints in the driveway shall be kept free and clear of weeds and grass. Drainage swales will not be altered, piped, or filled in without approval from the North Carolina Department of Environment and Natural resources, Division of Energy, Mineral and Land Resources, or its successor agency Section 15. If any structure is significantly damaged or destroyed by fire or other casualty, then the Owner thereof shall promptly repair or rebuild said structure or shall promptly raze the damaged improvements and clear all debris from the Lot. If this Section is not complied with, the Declarant (until the expiration of the Period of Declarant Control) and/or the BKI0553 P60045 Association shall have the right to raze the damaged improvements and clear all debris from the Lot and levy a special assessment to any such Owner for the cost thereof, which shall be a lien upon the Lot until paid in full. Section 16. Each Owner shall maintain all improvements constructed upon such Owner's Lot to the standards of their original construction. Each Owner shall maintain in good condition and repair all improvements constructed upon such Owner's Lot, including, without limitation, the dwelling. Such Maintenance obligations include keeping the exterior of all such improvements free of mold and mildew. No Owner shall change the exterior design or color of the dwelling on such Owner's Lot, including the roof thereof, except in compliance with this Article. Section 17, No Lot or Common Area shall be used for the storage of rubbish. No trash of any kind, whether household or yard debris, shall be placed or allowed to remain on any Lot except in proper containers. Containers should only be placed by the street on the evening before the day trash is scheduled to be picked up. Each owner shall promptly remove the trash container from the street, in no case later than the evening of the day the trash was removed. Section 18. No basketball goals of any nature, whether stationary or portable, regulation sized or otherwise, shall be allowed in side or front yards or driveways provided they are properly maintained in good repair and conditions. Permanently installed goals must be placed in the back yard. Unsightly basketball goals located in front and side yards are subject to removal by the association. Section 19.Only break -away mailboxes may be constructed in the subdivision; it being the intention of the Declarant to preclude the erection of permanently constructed mailboxes in the North Carolina State Right of Way areas. Section 20. No motor vehicle shall be parked in the street or street right of way except in the course of delivery, pick up, or discharge of a specific commercial duty, No motor vehicle shall be parked in or on grass, or other landscaped areas. Notwithstanding the above, the use of the street or street right of way for vehicle parking is acceptable for visitors, overnight guests, and while entertaining if there is no available space in the driveways. (Remainder of page left blank intentionally) OKIO553 P80046 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By: Harold J. Kidd Manager of Camden en Development, LLC NORTH CAROLINA CUMBERLAND COUNTY I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principaI's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the forgoing document for the purpose stated therein and in the capacity indicated above: Harold J. Kidd, Manager Dater `\\``\\`\Q``M i uGi�O01 ?y1�Notary Public Fes' Cumberland County _ My Comm. Exp- 10.07-2019 aQ 09 6��T COHi IO (N.P. SEAL) Notary Public i _L_) a Lr ; VVA . roc L) o Printed name of Notary Public My commission expires: / ' BK 10961 PG 0816 NORTH CAROLINA NON -WARRANTY DEED [TITLE NOT CERTIFIED] Excise Tax $ none Parcel Identifier No. 9494-03-9221 FILED ELECTRONICALLY CUMBERLAND COUNTY NC J. LEE WARREN, JR. FILED Dec 14, 2020 AT 08:16:04 AM BOOK 10961 START PAGE 0816 END PAGE 0817 INSTRUMENT # 47207 RECORDING $26.00 EXCISE TAX $0.00 Prepared by/Mail after recording to: Rebecca F. Person 231 Fairway Drive Fayetteville, NC 28305 THIS DEED made this 11th day of December, 2020, by and between: GRANTOR GRANTEE CAMDEN GLEN DEVELOPMENT, LLC, a North I PEARTREE WEST OWNERS ASSOCIATION, a Carolina limited liability company Mailing Address: 6885 Cliffdale Road Fayetteville, NC 28324 North Carolina non-profit corporation Mailing Address: 2557 Ravenhill Drive Fayetteville, NC 28303 Enter in appropriate block for each party: name, address, and, If appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all submitted electronically by "Rebecca F. Person, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Cumberland county Register of Deeds. BK 10961 PG 0817 that certain lot or parcel of land situated in Rockfish Township, Cumberland County, North Carolina and more particularly described as follows: BEING ALL OF that certain property described as "STORMWATER POND (DRAINAGE, ACCESS & STORMWATER MANAGEMENT ESM'T( (OPEN SPACE/COMMON AREA) consisting of 1.81 acres, more or less, as shown on plat entitled "PEARTREE WEST SECTION ONE, PART TWO" as recorded in Plat Book 142, Page 27, Cumberland County Registry. LESS AND EXCEPT any portion of same conveyed to the NC Department of Transportation, if any. THIS PROPERTY DOES NOT INCLUDE THE GRANTOR'S PRINCIPAL RESIDENCE, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer effective the day and year first above written. CAMDEN GLEN DEVELOPMENT, LLC By; - _(SEALS Name: Harol J. Kidd Title: Member/Manager NORTH CAROLINA CUMBERLAND COUNTY I certify that the following person(s) personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Nameof Principal: Harold J. Kidd, Member/Manager. 2/ /,5g�4 Date: / �.r2��� Notary Py lic -4�, Printed or My commission expires: c ➢1➢➢➢r�'rfrr r r r Name of Notary bl fy'bj`°N AVQ 46 co + ttlllll➢➢°°° Sedin-lentation/Construction Stormwater•Report North Carolina Department of Environmental Quality Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 (910) 433-3300 County: Cumberland Project: PEARTREE WEST River basin: Cape Fear Person financially responsible: Camden Glen Developers LLC - Harold Kidd, Project #: CUMBE-2015-099 Owner Address: 6885 Cliffdale Road, Fayetteville, NC 28314 1. Project Location: Camden Road, Rockfish Pictures: No 2. Weather and soil conditions: Damp, workable soils Initial inspection: No 3. Is site currently under notice of violation? No 4. Is the site in compliance with S.P.C.A. and rules? Yes If no, check violations below: 5. Violations: 6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? Yes Describe: 7. Has sedimentation damage occurred since last inspection? No If Yes, where? (check all that apply) Degree of damage: 8. Contact made with (name): Mr. Kidd, Heath Diersen Title: Developer, Contractor Inspection report: Sent Report Date given/sent: February 18, 2021 9. Corrective action needed: 10. Comments: Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring or self -inspections are required. Project has been released and coverage under NPDES General Permit for Construction Activities is terminated. Reported by: Melissa Joyner Others present: Date of inspection: February 17, 2021 Time arriving on site: 10:30 AM Time leaving site: 10:45 AM cc: Irr M A N A 0 8 M 8 N T Triangle Pond Management 3713 Overlook Rd. Raleigh, NC 27616 (919)398-3221 Office@TrianglePondManagement.com www.TrianglePondManagement.com Maintenance Service Report Customer Name: Date: Peartree West 2/17/2021 Aquatic Technician Nick Webster Time of Arrival Time of Departure Drive Time 12:41 PM 30 minutes Type of Device(s) Maintained: (3) Wetlands Water Quality Measurements Unwanted Vegetation: I ❑ Filamentous Algae ❑ Planktonic Algae ❑ Emergent Aquatics ❑ Submersed Aquatics ❑ Free Floating Aquatics ❑ Broadleaf/Invasive Grasses ❑ Other (see additional notes) Method ❑ Algaecide ❑ Herbicide ❑ Dye (Black/Blue) ❑ Other (see additional notes) Was any trash found in or yes 15 gallons around the devices? Were the inlets & outlets clear of any debris and Yes functioning properly? Was the rip rap clear of any No Treated unwanted vegetation? Was the beneficial vegetation in and/or around Yes the facility healthy and flourishing? Was any beaver/muskrat No activity observed? Was the water at the proper No High due to precipitation elevation? Were the devices draining yes properly? Was the riser/trash rack Yes clear of trash and debris. Was any erosion observed yes Bare areas during the visit? Page 1 Were mowing/weed-eating No services completed? Was the rip rap in the No Replaced correct position? Were overseeding services No preformed this visit? Was the drain valve No exercised? Was the mulch refreshed? N/A Was the fountain/aerator N/A functioning ro erl ? Wildlife Observations ❑ Bass ❑ Bluegill/Sunfish ❑ Geese ❑ Grass Carp ❑ Minnows/Gambusia ❑ Excessive Turtles ❑ Cray Fish ❑ Turtles ❑ Snakes Comment Are repairs required? Yes Bare areas ❑ Excellent ❑ Good 0 Fair ❑ Poor We walked the perimeter of the devices and gathered 15 gallons of trash. On one of vegetation was treated using approved herbicide. Filamentous algae was treated using an approved algaecide. Some rip -rap that had been washed out of the emergency spillway was replaced and use to cover some exposed fabric. Water levels were slightly higher than normal due to precipitation but are all draining properly and should return to normal levels in a few days. CWL3 has an excessive amount of bare areas, some of which are starting to erode. We recommend over seeding and aerating these areas so no further erosion can occur. For more information or to schedule a repair contact our office. Page 2 Images Picture #1 Picture #2 Picture #3 Picture #4 Picture #7 Picture #5 �'Tu1 i rlM..1i�� ,Nii \t Picture #8 Picture #6 Picture #9 Dafnw:.�p •. Picture #10 Picture #11 Picture #12 Picture #13 Picture #16 Picture #14 Nil Picture #17 ah 9 Picture #15 Picture #18 Picture #19 Picture #20 Picture #21 Picture #22 oi i , 1 owv �r Picture #23 Picture #24 Picture #25 Picture #26 Picture #27 �i Lim, 44, R aRy 9 } rp f a r Page 6