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SW8950215_Historical File_20141106
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Pond Depth: 6.00 TSS: 90 SURFACE AREA CALCULATION SA/DA 1.816% Req. SA 7E square feet Prov. SA I'.'€ r? square feet [From plan Contours] VOLUME CALCULATION Green 624,447 square feet Bottom 15.00 MSL Perm. Pool 21 MSL Design Pool € MSL Design SA 25,237 square feet [From plan Contours] Req. Volume 37,803 cubic feet Prov. Volume t7cubic feet ORIFICE CALCULATION Flowrate Q2 0.272060185 Area 8.13641885 Diameter 2 Flowrate Q5 0.108824074 Area 3.25456754 Diameter 5 Engineer uses 2.875 Inches COMMENTS SURFACE AREA, VOLUME AND ORIFICE ARE WITHIN DESIGN GUIDELINES. uare PHM.IP G. TxEPP, P.E. 211 North Fifth AvenueT Wilmington, NC 28401 Job ��a�,n c tS, Design Sheet Of ' fAy1*p For Check Job No. �I�jtf t° 10. c 5 �tTf�l-r�N ��A �12u.1i� Po.1r) do Z c.,-- z f orrs� F � LAf.T 1�24A oz, -3D ems o, --p P4 �) �rn �vs«3s AftA ` Q�ae`�el CARe®�//,P IS 3130 LF of SEAL C E oe, 17374 ' a = t = I' •'' •:0`�'7 ���."°° �® . � � LOIS�i�Z7 5F f LoT a Sloo Dal 19 3� 2' ��t_ ft�i'�2yAou5 °�'��CD C.p� � •Rir'-t t+ P Y F et itfh `"K,1-1 `. POD,— rc30 N-c?�Q4o >A. 8i, �'4b � AL-zo Z44 I too � , � n t?tse.EoFF oV�e � mrkr� y �.S i�4f� -- E f +/tz x 33z f RIO + i/jZ �c / (JCS , _ ' F1 3 1f�'� v� P:r, AT i o0 Jutq A(.L A j � �0,tmAl. ��� � Zr.0 ) = I`i zip [ � (> 17r971 sF } 11 �l el FL-0 I von Z3 a �$� � Gr 3, IUD z } .� Fr d M44 t , 4 . Date Job Design S eet F_-3�i s PHELLIP G. Tx>�, P.E.�.� 6{ c Gs. T or 211 North Fifth Avenue Wilmington, NC 28401 For Check Job No. 11 •lb�f�' �j'i,4cs� ��000s ��EI l(AP& Foes FtcoP Foot. Z3.0 f cl- of- %a-4V_ = z� 174- C'h,rrq - t-I C, Z TJIa� DNti'.vC x`� ��TZr86tD -C scaZ n me-r titi �► kc Cl� 0 - 66.8 &s / — (4s� (51-, ) , _ 1 E 1% 3 5: 1 = 38 r 34-5�T .• _ 7CA 4- C-4 FT Z. i8�1 C� Asti � Ilg rfx.,Mt,s,. = L= Z4 Foy I 0 V, /�lo High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Ron Stancil , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 950215 , as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feet, is as listed below. Lot # BUA Lot # BUA Lot # BUA 1-76 4,000 77 5,100 78-112 4,000 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. 7. Each lot will maintain a 30** foot wide vegetated buffer between all imperviPM waters. **50 foot for projects located in the 20 coastal counties. 8. 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 s receding the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide the dditional measur Signature:,,)Date: 11-1.3 -62,& C, N N , a Notary Public in the State of e. ,County of �_-o,)tiR , do hereby certify that o,., 5+•9nl C personally appeared before me this the day of /213`14gK 201-f/—, and acknowledge the due execution of the foregoing instrument. Witness my hand and oi� ••io Signature NOTARY .• My Commission expires NJ, % /a , 9--O% , y : pugl„IC : aCJs Form DRPC-3 Rev.2 05Nov2009 Page 1 of 1 ��•.,��.,,...•.,,..G,�;,e•� �i.- NOVEA..s� ANDREW TOMLIN 2330 8104 UVOODS EDGE RD MWINGTON, NC 28409-3974 66-112/531 /Ar / BRANCH-025D4 6W& No ACM BANKM BL97H AYN9BN0Bo&vff.wm - r •vi% iv'f'v f /7 _ nor 1 053101121000511 5 1 270169fin 0 2330 .� .-. .. .. .... .. ' . - :iy` .. ..G .K`"• . `^—_ ,. -._.;��`�+i4s+���'._Y.`.'xla��—:: `�ycr.� tii"..t.�. .ti]�f+ Project Name: Received Date: v o /V Z d 1 y Project Location: Accepted Date: J 4 e y Rule(s) 2008 Coastal 1995 Coastal Phase II (WiRO) ®Universal 1988 Coastal Type of Permit: New or/"Mod) or PR Existing Permit # (Mod or PR): PE Cert on File? ®ensit HD or...._-::.Lp_..... e•--Cornmerciai.—o.r ResidEntial �.._. f�CG . Y =- ..:. GYP.. - - %: (% 00) Stream Class: ®SA Map Offsite to SW8 11 Subdivided?: Subdivision or Single Lot IMORW Map Exempt Paperwork : Emailed Engineer on: origina[- ) BMPType(s): ®6&M with correct/original signatures (1 original per BMP except LS/VFS and swales) pplication with correct/original signatures Deed Corp or LLC: Sig. Auth. per SoS or letter Email Address: Design Engineer (within 6mo) Email Address: Owner Soils Report with SHWT Note to Reviewer: n6a-Iculations (signed/sealed) , No obvious errors Density includes common areas, etc r7ke'ed Restrictions, if subdivided: Signed & Notarized (Plans 1:12 Sets ' Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Grading � Wetlands: Delineated or No Wetlands E3ViclnIty Map Layout (proposed BUA dimensions) ®Legend ®DA Maps ®Project Boundaries Infiltration Wet Pond Offsite Soils Report ®Soils Report PE Cert for Master Lot #: SHWT: SHWT: ®Deed Rest for Master El Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: PPrnlittarl BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Prnnncaule PmnnCpd! Pr®nnsed: TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 November 10, 2014 NCDENR Division of Energy, Mineral and Land Resources 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Kelly Johnson Re: Beacon Woods Subdivision TE 14038 Dear Kelly: As per your October 28, 2014 meeting with Andrew Tomlin, we are requesting a modification to existing permit SW8 950215 for Beacon Woods Subdivision to allow an additional 1,100 sf of BUA on Lot 77. Enclosed please find the following items for review: • Stormwater application — one original and one copy • $505 check • Narrative • Revised Calculations for Pond 2 • Deed Restrictions to be recorded • Original recorded deed restrictions • Amended recorded deed restrictions • Operation and Maintenance Agreement • Copy of the Deed • HOA Articles of Incorporation • HOA Meeting Minutes confirming current president Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. T p ng' eeri P.C. ECEIVE NOV 14 20% Phillip G. rip . PGT:dcb BY' Enc. 11/10/14 TE 14038 Stormwater Drainage ,System Narrative Beacon Woods Subdivision Woods Edge Road, Wilmington, NC The Beacon Woods Subdivision is an existing residential development located along Woods Edge Road in Wilmington, NC, New Hanover County. The entire site is approximately 43.57 acres which have been developed into 112 residential lots under existing Stormwater Permit No. SW8 950215. The site has two drainage areas. Stormwater from each drainage area is treated by a wet detention pond sized to collect the first 1" of runoff storm and 90% TSS removal. All outflow from the drainage basins drain to Mott Creek; classification C;Sw, Index No. 18- 82, in the Cape Fear River Basin. All built up areas (BUAs) are collected and routed to the wet detention ponds. Drainage area 1 is comprised of 52 lots at 4,000 sf of impervious per lot (208,000 sf), 96,780 sf of roadway, and a wet detention basin. Total impervious area is 304,780 sf or 32.9%. Drainage area 2 is comprised of 59 lots at 4,000 sf and 1 lot at 5,100 sf of impervious per lot (241,100 sf), 92,260 sf of roadway, and a wet detention basin. Total impervious area is 333,360 sf or 34.3%. Total project impervious is 638,140 sf or 33.6%. The proposed modification to the subject Stormwater permit is to allow an increase of the maximum built upon area of Lot 77 Section 2B from 4,000 square feet to 5,100 square feet. The proposed increase of 1,100 sf drains to Pond 2 and does not require any increase in storage volume or surface area of the pond. BY: Draflsmon_ DAVID C. BAREFOOT 00 Elks Temple Building {, 255 North Front Strect�RaoQ �( I N P.O. rqx 1766 Wilmington. N. C. 2M 1 (1 5 0 O 16 6 STATE OF f ]ORTH CAROLUVRA DECLARATION OF COVEWAMTS, COMMONS AMO RESTRICTIONS COUNTY OF MEW HMOVER iBFACOX WOODS THIS DECLARATION, made the 21 day of November, 1995, by UC111VERSI'" GROUP, 10C. hereinafter referred to as "Declarart" {whether one or more); WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, (hereinafter referred to as the "Properties") which is more particularly described as follows: Being all of Lots 1 through 28 and 31 through 39, inclusive, of BEACON WOODS, as shown on the plat thereof recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plats reference is hereby made for a more particular descrip- tion. Pow, therefore, Declarant hereby declares that. all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property 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 irture to the benefit of each owner thereof. 0000" ARTICLE 1. V�e�o DEFINITIONS SECTION 1. Association shall mean and refer to Beacon Woods, HOA, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the mutual benefit and protection of the Properties. All property owners of lots in Beacon Woods and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership of such single family lot. SECTION 2. Owns shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 3; Properties shall mean and refer to all of Beacon Woods Subdivision as shown upon the recorded plat described above, and any of the additional properties that may hereafter be brought within the jurisdiction of the Association as herein provided. SECTION 4. Additional Properties shall mean and refer to any lands adjoining the Properties which are now owned or may be hereafter acquired or developed by Declarant and annexed to and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of lots as 0:96V W 1950 0 16 7 hereinafter provided. The annexation of such Additional Properties shall become effective by the recording by the Declarant of a supplemental declaration for each new section annexed. SEMOW b. Built Moon Area shall mean that portion of each lot that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. The built upon area for each lot shall not exceed 4000 square feat, unless and until the State of North Carolina shall revise its stormwater runoff regulations to permit a greater built upon area for each lot. All lots shall be graded such that two-thirds (2/3)of each lot shall drain towards the street. SECTION 6. Common Area shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall be all the area designated as "Common Area" on the plat of Beacon Woods Subdivision, if any. The Declarant shall have the right, but without any obligation, to designate as Common Area and convey to the Association for the common use and enjoyment of the Owners, any lands now or hereafter shown on any plat of Beacon Woods as "Future Development". SECTION 7. Loot, shall mean and refer to any numbered lot shown upon the recorded plat of any section of Beacon 'Needs Subdivision. SECTION S. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) to mean and refer to University Group, Inc., its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant for the purpose of development, SECTION 9. Declaration shall mean this Instrument as it may be from time to time amended or supplemented. SECTION 10. Membership shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each member of the Association. SECTION 11. Member shall mean and refer to every person or entity who has a membership in the Association. ARTICLE II. PROPERTY RIGHTS SECTION 1. Owners' Easements of Eniovment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations; B. The right of the Association to mortgage or convey the Common Areas, or to dedicate or transfer all or part of the Common Area, if any, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective until approved by vote of at feast two-thirds (2/3) of the members, excluding the developer, 2 i95U 01.68 as indicated in an instrument executed by the corporation and recorded in the New Hanover County Registry. C. The right of the Association to impose regulations for the use and enjoyment of the Common Area, if any, and improvements thereon, which regulations may further restrict the use of the Common Area. ARTICLE ill. EASEMEWTS SECTION 1 _ Perpetual, alienable easements are reserved as necessary in the Properties and the Common Areas thereof for the installation and maintenance of underground utilities and drainage facilities. SECTIOW 2. Declarant hereby reserves unto itself, its successors and assigns, perpetual, alienable easements over all streets and common areas as necessaryto provide drainage, access, ingress and egress, to the property adjoining Beacon Woods Subdivision, to the North, East, South or West, in the event the Declarant, its successors or assigns should acquire or develop any property adjoining Beacon Woods, whether or not such adjoining property is annexed to this development as herein provided. The rights reserved by Declarant under this paragraph, shall include also, but are not limited to the right to use the retention pond for drainage of such adjoining lands. SECTION 3. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the Lots and common area in the performance of their duties. SECTION 4. In case of any emergency or in case of any violation of these restrictions originating in or threatening any Lot or the common areas, regardless whether any Lot Owner is present at the time of such emergency or violation, the Board of Directors or any other person authorized by it, shall have the right to enter any Lot for the purpose of enforcing these restrictions, remedying or abating any nuisance or the causes of such emergency or violation, and making any necessary repairs not performed by the Lot Owners. Such right of entry shall be immediate, and shall not be deemed a trespass, but shall be without liability to the Association or its authorized representative, except for acts of gross negligence. SECTION 5. The Declarant reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right, on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each lot and such other areas as are shown on the plat of the Properties recorded or to be recorded in the office of the Register of Deeds of New Hanover County; provided further, that the Declarant may cut drainways for surface water whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas on any walkway, or on any residential lot now or subsequently designated for such use or to locate same upon any lot with the permission of the owner of such lot. v Such rights may be exercised by any licensee of the Declarant, but this reseration shall not be considered an obligation of the Declarant to provide or maintain any such utility or service_ L -5 V:1 n•.oC^•- � t i 9 5 a 0 16 9 SECTIOPJ 6. The Declarant reserves unto itself, its successors and assigns, the right to subject the real property in this Subdivision to a contract with Carolina Power and Light Company for the installation of street lighting, which contract requires a continuing monthly payment to Carolina Power and Light Company by each residential customer for street lighting service. SECTIOdS 7. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the beneflt of and be binding on the undersigned, its heirs and assigns, and any Owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE IV. MIL-ILITIES SECTION 1. IPifatelPif r Service Water service for Beacon Woods Subdivision shall be provided by Cape Fear Utilities, its successors, or assigns. No lot owner may drill or otherwise construct a water well on any lot in Beacon Woods, or use any other source of water supply for household use, except for irrigation purposes, and then only with the consent of the Cape Fear Utilities, its successors or assigns. SECTION 2. Sewer e. Property will be tied into the New Hanover County Sewer System. Sewer service to each lot will be provided bu New Hanover County. ARTICLE V. JIEMBERSH� AID 1�� RIGHTS SECTION 1. Every Owner of a lot in the Properties shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any tot. SECTION 2. Each member shall be entitled to one vote in the affairs of the Association for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one cast (1) vote be with respect to any lot: ARTICLE VI. MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the BY -Laws; PROVIQED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the paclarant until such time as 90% of the lots in Beacon Woods Subdivision and 90% of the undeveloped property in adjoining sections owned by Dederant have been sold and conveyed by the Dedarant to purchasers or until December 31, 2005, whichever occurs first. Management and control may be transferred to the lot owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events. 4 : { C'-;. i1."l_ I95U U170 ART VII. COVENANTS FOR A ! S Eog SECTION 1. Creation of the Lien atd PeObligation o:_Assesemeat. The Declarant, for each lot owned within thersonal Properties, hereby covenants, and each Owner of any lot by acceptance of a deed therefrom, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Annual assessments or charges; B. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; C_ . Insurance assessments; and D. To the appropriate governing taxing authority, a pro rate share of ad valorem taxes levied against the Common Area, if any. The annual, special and insurance assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each 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 property at the time when the assessment fail due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. SECTION f Puroose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of all easements, utilities and the Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Maintenance and improvements of the common areas, streets, roads, drives, drainage and utility easements and rights of way; and enforcing these restrictions; and, in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of Beacon Woods Subdivision. SECTION 3. Annual Assessments. Annual assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount of the annual assessment against each lot for any given year shall be fixed at least 30 days in advance of the annual assessment period; provided, however, that the first annual assessment shall be set prior to the conveyance of the first lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their lots. Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors and the Board of Directors s have the authority to require the assessments to be paid in pro rate monthlhall y installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for t.1 .be previous year without a vote of the membership, except as herein provided. i95U O171 8. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum, provided that the Board of Directors may increase the amount of the annual assessment to a maximum of Three Hundred Dollars ($300.00) per lot notwithstanding the provisions of subparagraphs A and 8 above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase. SECTION 4. $Declal Assessments for Cao tal Imaravements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose. SECTION 5. hN !1ranc�. The Board of Directors on behalf of the Association, as a common expense, shall at all times keep the property of the Association, if any, insured against loss or damage by fire or other hazards and other such risks, including, but not limited to directors, liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Properties and Common Area, which insurance shall be payable in case of lose to the Association for all members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees. SECTION 6. Insurance Arse merits. All insurance parley premiums on the Common Areas for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense,. and the Association shall levy against the Owners equally as an additional annual assessment, (herein called "Insurance A W ich hall be in addition to the amounts provided for under Section 3 above,am to pay the annual cost of all such insurance premiums. ount sufficient SECTION 7. Noti &And Quorum For Am Action Authoriz d Under Sections 3 and 4. Written notice of any meeting' tailed for the purpose of taking any action authorized under Section 3 and 4 shall be sent -to all members not less than thirty (30) days nor more than sixty (60) dayys in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class, of membership shall constitute a quorum. The required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. • No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. SECTION S. riiniform Rate Of. Assessment. Both annual and special assessments musir be fixed at a uniform rate for all Lots and may be collected on a monthly basis. SECTION 9. Commencement of Assessments. Assessments for each Lot shal, commence upon the date of acceptance by an Owner of a deed from Declarant. Declarant shall not be required to pay maintenance assessments on unsold Lots retained by the Declarant. Provided, however, that Declarant shall pay to the •,Jis 1,-, i950 0172 Association annually, in lieu of assessments, the pro rata share of insurance assessments, utilities and ad valorem taxes on the Common Areas attributable to the number of Lots owned by Declarant, as the same become due. SECTIOic Fp. Effect O: No ment Of Assessments And 4amedies Of "he Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date of the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. SECTION 11. Subordinat;on Of The Lien '!a ortaaae. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, ARTICLE Vill. ARCHITECTURAL CONTROL SECTION 1. Developer's ISahts. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the By-laws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. SECTION 2. Aggdina and Sine Imnrovemems. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any lot in the Properties, nor shall any exterior addition to or change in or alteration therein pncluding painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, Or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Dedarant or Architectural Control Committee shall deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Dederant' nor the Architectural Control Committee shall be responsible for any structural orothecdefects in plans and specifications submitted to it or any structure erected according Plans and specifications. to such SECTION 3. Koval of plans: A- No house plans will be approved unless the proposed house shall have a minimum of 1450 square feet of enclosed heated dwelling area: The term "enclosed heated dwelling area" as u3ed ir, the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include provided, further, that shed type sas, garage, terrac decks, open porches, and Like areas; Boo;; PJ;U^E i 9 5 0 0 17 3 porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed heated dwelling area"; Provided further that all houses must have an attached or detached single or two -car garage. B. Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side Of other homes with detrimental'effects an privacy, view, preservation of important trees and other vegetation, ecological and related considera- tions, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be. Provided, however, that no dwellings shall be constructed closer than 10 feet to an adjoining property line nor closer than 35 feet to the front property line of any lot, except lots 16, 17, 18, 22r 28, 31 and 32 with respect to which the minimum front property line set back shall be 30 feet. Provided further, however, that Declarant shall have the right to grant variances from these restrictions, not to exceed ten per cent (10%) of the side line restriction and not to exceed ten per cent 00%) of the front street line restriction. C. The exterior of all houses and other structures must be completed within twelve (121 months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder, due to strikes, fires, national emergency or natural calamities. D. No structure shall be erected, altered, placed or permitted to remain on any lot, except one single family dwelling not to exceed two stories in height, unless the Declarant or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two stories, and one or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. E. All service utilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. F. Off street parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot which parking areas and the drive ways thereto shall be constructed of concrete, brick, asphalt, or turfstone, or any other material approved by Declarant, or its Designee. G. No fences shall at ariy time be placed or permitted to remain on any lot without approval of the Dedarartt or the Architectural Control Committee. H. All front yards areas shall be sodded, except for planting beds, shrubbery, trees, or other areas designated by Declarant or its designee, or approved by the architectural control committee, as applicable. i 9 5 a 0 17 4 SECT1101" 4. Maintenance By Association. The Association, at its expense, shall be responsible for maintaining, repairing and replacing the planting easement areas, the subdivision entrance signage, the islands within the street rights of way, the irrigation system for planting areas, the storm water drainage system, including the detention pond, all drainage lines, pipes and ditches which are located on the properties or which drain from the properties to South College Road, except those constructed by individual lot owners and located within individual lots. The Association shall have the right to go onto the lots at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such lots; and each Owner hereby grants permission to the Association to enter his lot for such purposes. In the event that such need for maintenance, repair or replacement (other than such being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful, or negligent act of any Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject. The Association shall maintain all common areas, including plantings and shrubbery, walkways, located thereon, and lighting fixtures and shall pay all costs of operation thereof including all uti ty bills pertaining to signage and planting areas, and including premiums associated with general liability insurance insuring the Association from liability arising from ownership and operation thereof. ARTICLE IX. USE RESTRICTIONS SECTION i. Land Use And Buildl� No lot in Beacon Woods shall be used for any purposes except for residential purposes other than the "Common Area" which may be used for recreational purposes. All numbered lots in 13secon Woods shall be restricted for construction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the Provisions of Article VIII of this Declaration relating to Architectural Control. Different land use restrictions and architectural control guide lines may be established for adjoining properties developed by Declarant. SECTION 2: MULgances. No noxious or offensive activity shall be carried on annoyance or nuisance to the neighborhood. There shall not be upon any Lot, nor shall anything be done thereon which may be or may become an any plants maintained or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners th It shall be the responsibility of each lot owner to prevent the developmentreof. ea any unclean, unsightly or unkept condition of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. SECTION 3. Lot Malrttenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty days notice from the architectural control committee, the Association or its designee shall enter upon such lands and remove the same at the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens. zsso s SECT:01�' 4. Temoo�arer Structures. oz7No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee. Provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on anv lot or in the common area until the construction of dwellings on all lots in the project is completed. SECTION 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shalt be permitted to remain on any lot or on any street in the properties at any time, without the written consent of the Association or its designee. SECTION S. AWmal& No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household Pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed. SECTION 7. TV Satallfte Dishes And Outside Antennas. No TV satellite signal receiving dishes will be permitted on any lot and no outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the some has been granted by the Board of Directors of the Association or its Architectural Control Committee. Such permission may be denied for any reason in the sole discretion of the Board of Directors or other applicable authority. SECTIONS. Window Caverinas. All drapes, curtains or other similar materials hung at windows, or in any manner as to be visible from the outside, of any building erected upon any lot shall be of a white or neutral background material. SECTION 9. Exted_ o�ghts. All light bulbs or other lights installed in any fixture located on the exterior of any building or any lot shall be clear, white or non -frost lights or bulbs. SECTION 1o. junk VehieCes And Tra r raisers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor -trailers will be Permitted on the premises. The Association shall have the right to have all such vehicles towed away at the owner's expense. SECTION 11. Vehicle Repairs. No repairs to any vehicle may be made in driveways, only in garages and not visible from the street. No inoperable or immobile vehicle, whether or not containing current registrations, shall be permitted to remain in any driveway or on any street. SECTION 12. Sians. "For Sale" signs or any other signs shall be permitted on any Lot or in the common areas with the written permission of the Declarant, which permission may be denied by the Declarant for any reason; Provided, however, that the right to grant such permission for signs may be delegated by Declarant to the Board of Directors, at any time. Provided further, that a sign conforming to New Hanover County Sign Ordinance may be displayed by Declarant on any unsold Lot so long as Declarant owns any Lot in the Properties. SECTION 13. Alterations. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association. SECTION 14. bd MIJn . No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board. However, the Declarant hereby expressiy reserves unto itself, its successors and assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision of the Property in order to create one or more modified lots; to further subdivide tracts shown on any in G11,01;� PI.GE i95U Q176 such subdivision plat into two or more lots; to recombine one or more tracts or lots or a tract and lots to create a larger tract; to eliminate from this Declaration lots that are not otherwise buildable or are needed for access to any area of the Property.or are needed for use as private roads or access areas, and to take such steps as are ae reasonably necessary to make such replatted lots or tracts suitable and fit as building site or access area or roadway, said steps to include, but not to be limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. SECTION 15. Water and Sewer Servl All lot owners shall be required to use water and sewer supplied by the Companies servicing the Properties for all household uses; a separate water system for the purpose of watering lawns, gardens and other outdoor uses shall not be permitted without the consent of the Declarant, its successors and assigns. ARTICLE X. • RIGHTS OF IIYSTIT1T1011AN LENDERS SECTIOW 1. "Institutional Lender" or ^Instiwtional Lenders", as the terms are used herein, shall mean and refer to banks, savings and loan associations, s saving banks, insurance companies, Veterans Administration, Federal Housing savings g Federal National Mortgage Association and other reputable mortgage lenders and guarantors and insurers of such first mortgages. So tong as any Institutional Lender or Institutional Lenders shall hold any mortgage upon any lot, or shall be the owner Of any lot, such Institutional Lender or Institutional Lenders shall have the following rights: A. To be furnished with at least one copy of the Annual Financial Statement and Report of the Association, including a detailed statement of annual carrying charges or income collected and operating expenses, such financial statement and report to be furnished by April 15 of each calendar year. B. To be given notice by the Association of the call of any meeting of the membership to be held for the purpose of considering any proposed Amendment to the Declaration, or the Articles of Incorporation and By-laws of the Association, which notice shall state the nature of the - amendment being proposed, and to be given permission to designate a - representative to attend all such- meetings. C. To be given notice of default in the payment of assessments by any owner of a lot encumbered by a mortgage held by the Institutional Lender or Institutional Lenders, such notice to be given in writing and to be sent to the principal office of such Institutional Lender or Institutional Lenders, or to the place which it or they may designate in writing to the Association. D. To inspect the books and records of the Association and the Declaration, By-laws and any Rules and Regulations during normal business hours, and to obtain copies thereof. E. To be given notice by the Association of any substantial damage to any part of the Common Areas. F. To be given notice by the Association if any portion of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority. 11 i 9 5 9 0 17 7 SECT ON 2. Whenever any Institutional Lender, guarantor or insurer desires the benefits of the provisions of this section requiring notice to be given or to be furnish a financial statement, such lender shall serve written notice of sued ch fact upon the Association by registered mail or certified mail addressed to the Association and sent to its address stated herein, or to the address of the property, identifying the lot upon which any such institutional Lender or Institutional Lenders hold any mortgage or mort- gages, or identifying any lot owned by them, or any of them, together with sufficient pertinent facts to identify any mortgage or mortgages which may be held by it or them, and which notice shall designate the place to which notices are to be given by the Association to such Institutional Lender. ARTICLE XI. AI! 11 AT1ON OF AD N ONAL PROPERTIES SECTIOiJ 1. Except as provided in Section 2 below, annexation of additional Property shall require the assent of two-thirds (2/3) of the members at a meeting called for this purpose, written notice of which shall be sent to a 'than thirty ll members not less (30) days nor more than sixty (60) days in advance ll the meeting. SECTION 2. If the Declarant, its successors or assigns, shall develop any Additional Properties, said Additional Properties or any portion thereof may be annexed to said Properties without the assent of the members. Annexation provided for in this section shall become effective upon the filing by the Declarant of a supplemental or amended declaration in the Office of the Register of Deeds of New Hanover County. ARTICLE XII. GENERAL PROVISIONS SECTION 1. Enforcement, The Association, 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 this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. SECTION 2. Enforcement Of Storm Wate Run North Carolina is hereby made tate Of a beneficiary of this Declaration to the esextent necessary to enforce its storm water runoff regulations as the same may be amended from time to time - SECTION 3. $everabL ty. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. SECTION 4. Lots Subject To De—c1QUM on. All present and future owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into, occupancy of any lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shiM inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty 420) years from the date this Declaration 12 i 9 5 0 0 17 8 is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. SECTIOif 5. Amendment of Declaration. Except as provided in Article XI, Section 2, above, Section 6 below, and elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by the duly authorized officers of the Association upon the vote of not less than two-thirds (213) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant. SECTIOi1) 6. Amendments by the De.erant. The following amendments may be effected by the Declarant, or the Board, as the case may be, without consent of the members_ A. Prior to the sale of the first lot, this Declaration may be amended by the Declarant. B. Declarant may amend this Declaration upon annexation of additional lands as specified in Article XI, Section 2 herein. C. The Declarant or the Board may amend this Declaration to correct any obvious error or inconsistency in drafting, typing or reproduction. D. The Declarant, so long as it shall retain control of the Association, shall have the right to amend this Declaration to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property or to qualify the Property or any lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Veterans Administration, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. E. The Declarant, for so long as it shag retain control of the Association, and, thereafter, the Board of Directors, may amend this Declaration as shall be necessary, in its opinion, and without the consent of any owner, to qualify the Association or the Property, or any portion thereof, for tax- exempt status. F- The Declarant for so long as it shall have control of the Board may amend this Declaration to include any platting change of the Property as permitted herein. 13 BOOK . MOE i 9 5 0 0 17 9 I-P I l-II!TMESS VVHEREOF, the Declarant has caused this Declaration to be executed in its corporate name and its corporate seal affixed by its duly authorized officers all as of the day and year first above written. UNIVERSI?',' GROUP, INC. ATTEST: By:F. President Secretary (Corporate Seal) a,•�•`51Fy G 0~y :. ; (;;"� A':D VERIFIED SU= DOTS a=GISTER OF DEEDS VOL - t- 1' ; •- NEW HANOVER CO. NC : ., .-AL- 3 95 NOU 13 nn 1119 STATE w liIORTH CAROLINA COUNTY OF NEW HAVOVER 1, l� /Y1 1Jc�• /~0/7 a No Public for the aforesaid County and State, do hereby certify that !/ f /a Personally appeared before me this day and acknowledged that he/sloe is the — Secretary of UNIVERSITY GROUP, INC., a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing Instrument was signed it its corporate name by its President, sealed with its corporate seal and attested by :ai self as its Secretary. WITNESS my hand and notarial seal this thec2L day of November, 1995. �. Jb Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HAANOVER ! f 1, L 330 The foregoing certificate of n .� i A ��a r� is certifiedd to be correct. This instrument and this certificate are duty registered at the date and time and in the Book and Page shown on the first page hereof. MARY SUE DOTS REGISTET OF DEEDS - NEW HANOVER COUNTY . DeputyLAew f' 14 R( aXngdT 2 0 4 5 0163 RECORDED A40 VERIFIED K.RY Sit_ DOTS OrNhmre DAVIDSWkin c' sAREPDo7 RECISTER 6F DEEPS NEW HANOVER CO. NC"-* Temple Buik4ne P.O. Box 1766 Wimh*tom N. C. 2W2 '96 JUN 14 PPI 1 00 STATE OF NORTH CAROLINA SUPPLEMENTAL DECLARATION OF NESITRICTIONS COUNTY OF NEW HANOVER SECTION 2B. BEACON WOODS THIS DECLARATION, made this 14th day of June. 1996, by UNIVERSITY GROUP, INC.. a North Carolina corporation, hereinafter referred to as "Dedward; .300123 WITNESSETH: WHEREAS, Declarant is the owner of all of that certain property located in Masonboro Township, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Late 51 through 79, inclu". in Section 2B of BEACON WOODS, as shown on the plat thereof recorded in Map Book _,,,._ at Page ate_ in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more particular description. WHEREAS. Declarant has heretofore executed a certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. BEACON WOODS. and caused the same to be recorded November 13, 1995, in Book 1950 at Page 0166, at. seq. of the New Hanover County Registry 1"NHCR"I Ihernnafter, the "Declaration"); and WHEREAS, pursuant to Article XI, Section 2 of the Declaration, the Declarant has the absolute right to develop additional properties and annex the some to the Subdivision without the assent or vote of the owners of lots, and the Declaration has thereafter executed and recorded a Supplemental Declaration of Restrictions, Section I A Beacon Woods in Book 1983 at Page 0974, NHCR ; a Supplemental Declaration of Restrictions, Section 2-A, Beacon Woods, in Book 2031 at Page 0609, NHCR, e!O now desires to annex Section 28, and subject the same to the Declaration. NOW, THEREFORE, the Declarant does hereby amend the Declaration and declares that all of the property described above shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions sat forth in the Declaration which are for the purpose of protecting the value and desirability of and which shall run with the real property 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. The Declaration, as previously amended, and as herein amended, shall be and remain in full force and effect. 1 425066 BOOK PAGE 2045 0164 IN TESTIMONY WHEREOF, Grantor==1is Instrument to be executed In its corporate name and its corporate seal affixed by its duly authorized officers, by authority of its Board of Directom, all the day and year first above w fitwa. UNIVERSITY GROUP, INC. BY: i F Ua%+•✓ President ATTEST: Secretary (CORPORATE SEAL) STATE Of NORTH CAROLINA COUNTY OF NEW HANGVE [,O fX f 1. 'ELt7&8ft-R -T. MOoai , a Notary Public for L43AkL County, North Carolina, hereby certify that A..V• 5A4z personally appeared before me this day and acknowledged that Whe is the Secretary of UNIVERSITY GROUP, INC., a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by him(her)salf as its Secretary_ WITNESS my hand and seal this 10 day of 1996. Notary Public My Commission Expires: k r�r 110 11, (NOTARIAL SEAL} = c s o ( _ P"ar, STATE OF NORTH CAROLINA -ttt� r COUNTY OF NEW HANOVER }! ?? The foregoing certificate of /�i7o�h Jeer a Notary Public, is certified to be correct. This "a -1-1_ day of Zi... -e . 1996. MARY SUE OOTS ISTER OF OEEO&N ANOVER COUNTY BY: 0 ty/�1■rE .Dralts�aan %ID C. BAREFOOT ATTORNEY AT LAW 800K P:iGE Elks Temple Building 155 North Front Street 2 9 8 2 0 1 2 6 P.O. Drawer 1766 Wilmington, North Carolina 28402 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED, made this the a3 day of December, 1998, by and between UNIVERSITY GROUP, INC., a North Carolina corporation, with an office in New Hanover County, North Carolina, (hereinafter called "Grantor"); and BEACON WOODS HOMEOWNERS ASSOCIATION (hereinafter called "Grantee"), whose mailing address is: Parcel No. 7100- ate' DyG 00 WARRANTY DEED C/o CAMS, 2002 Eastwood Road, Suite 202, Wilmington, NC 28403 (whether one or more persons, firms, or corporations). 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. 0011.1 WITNESSETH: THAT WHEREAS, the Grantor conveyed or intended to convey to the Grantee all of the Common Areas of Beacon Woods, by deed recorded in Book 2412 at Page 308 of the New Hanover County Registry ("NHCR"); and whereas, the aforesaid deed made reference to a plat recorded in Map Book 37 at Page 9, NHCR, which said plat did not show all of the common areas and drainage common areas intended to be conveyed;and WHEREAS, the Grantor has caused the plat showing the common areas to be revised and recorded in Map Book 38 at Page 81, NHCR; and now desires to make more definite and certain the property intended to be conveyed to the Grantee by the execution and recordinf of this deed. NOW, THEREFORE, the Grantor, in consideration of the sum of TEN (510.00) DOLLARS, and other good and valuable considerations paid to them, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, the following described lands located in Masonboro Township, New Hanover County, North Carolina, and being more particularly described as follows: BEING all of the COMMON AREAS OF BEACON WOODS, which includes all of the areas as shown on the plat entitled "Revision of Section 1-B, Beacon Woods, recorded in Map Book 38 at Page 81, NHCR, except the tract designated as "Well Site 1.32 ac±" and except the numbered lots shown thereon. SUBJECT TO that certain DECLARATION OF COVENANTS, CONDITIONS, and RESTRICTIONS, BEACON WOODS, recorded in Book 1950 at Page 0166, et. seq. of the New Hanover County Registry ("NHCR"), as, amended by those Supplemental Declarations rec orded in Book 1983 at Page 0974, NHCR (Section 1-B); Book 2031 at Page 0809 (Section 2-A), Book 2045 at Page 0163 (Section 2-B), and in Book 2146 at Page 595 (Section 3), NHCR. r)59277 SGDK PAGE 2y92 0127 TO HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple FOREVER. AND said Grantor covenants with the Grantee that the Grantor is seized of the said premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth, and except for ad valorem taxes for the year 1998, and subsequent years, and usual utility easements and rights of way of record, and said Grantor will WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed orporate name and its corporate seal affixed by its duly authorized officers, by ?jt'of its Board of Directors, all the day and year first above written. UNIVE ITY GROUP INC. 2 President °*4-. np.4._ '` / IAA '9B 0EC 23 Pal 12 08 Secretary R�"' :L'cD "r. VERIFIED :.v- S'JE DOTS DLE:'S STATE OF NO TH C4kFIOLINA ;: ": L ' l ;IC COUNTY OF i e2 I, rr, M &aZ04 , a N tart' Public for the aforesaid County and State, do hereby certify that 11 V. D personally appeared before me this day and acknowledged that he/she is the Secretary of UNIVERSITY GROUP, INC. a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing Instrument was signed in its name by its President, sealed with its corporate seal, and attested by _self as its Secretary. WITNESS my hand and notarial seal, this the a day of dL, My Commission Expires: _°``�p.•""""A_% Notary Public q Ili Iav4 (NOT RIAL SEAL) STATE OF NORTH CAROLINA , • , COUNTY OF NEW HANOVER '1•.y9NavERG The foregoing certificate of AjEA5Gt ' 6 M • hf1(1.EFWr , Notary Public, is certified to be correct. This the A'I day of O`' , 199�. MARY SUE DOTS Register of Deeds - New Hanover County ByC" u 2 � Deputy/AssisTant dAshareldeeds%beaco 2.hoa aa"'7'3 STATE OF N0E-tTHNQffDepartment of The CAROLINA Secretary of State To all whom these presents shall come, Greetings: 17 MAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true cony of ARTICLES OF INCORPORATION OF BEACON WOODS HOA, INC. the original of which was filed in this office on the 5th day of June. 1997. Elm NOV 14 2014 1� RV WZTA',SS WIZKEOF, I have hereunto set my hand and affixed my official seal at the City- of Raleigh, this 5th day of June, 1997. Secretary of State C- 04a89�� FILED STATE OF NORTH CAROLINA S•��61'y) Department o-i the Secretary of State JUN 0 5 W y7 55 1 05 8 ARTICLES OF INCORPORATION NONPROFIT CORPORATION EFFECTIVE EtAINE F Mp,RSHRLL SECRETARY OF STATE Pursuant to 955A-2-02 of the General Statutes of North Carolina, the�r���rQned incorporator(s) hereby submit(s) the following Articles of Incorporation for the purpose of forming a nonprofit corporation: 1. The name of the corporation is: BEACON WOODS HOA, INC. 2. (Check only if applicable.) The corporation is a charitable or religious corporation within the meaning of N.C.G.S. §55A-1-40(4) 3. The street address and county of the initial registered office and the principal office of the corporation is: Number and Street: 3901 Oleander Drive City, State, Zip Code: Wilmington, NC 28405 County: New Hanover 4. The mailing address if different from the street address of the initial registered office is: Mailing address: PO Box 4517 Wilmington, NC 28406 5. The name of the initial registered agent is: Terry F. Turner B. The name and address of each incorporator is as follows: David C. Barefoot, Attorney at Law 255 N. Front Street Wilmington, NC 28401 (Mailing Address: PO Box 1766, Wilmington, NC 28402). 7. (Check either a or b below.) a. x The corporation will have members. b.—The corporation will not have members. 8. The following shall apply regarding the distribution of the corporation's assets upon its dissolution: In the event that ilea corporatiun shall be dissolved, the corporation shall adopt a plan of dissolution in accordance. with Article 14 of Chapter 55A of the General Statutes of North Carolina, and in accordance with §55A- 14-03 thereof, or any successor statute later adopted, and all assets of the corporation shall be transferred or distributed in accordance with said plan of dissolution. 9. The purpose or purposes for which the Corporation is organized are: a. to perform any and all acts necessary in the management of the affairs of the property owners of the subdivision known as BEACON WOODS, a map of which is duly recorded in New Hanover County Registry; to manage the affairs of the Association; or any other activities designed to promote the welfare of the Association; and to perform any other lawful act that the Board of Directors may deem appropriate for the benefit of the Association. b. To operate and manage common areas of the subdivision known as BEACON WOODS, a map of which is duly recorded in New Hanover County Registry. C. To engage in any lawful act or activity permitted by N.C.G.S. Chapter 55A and the applicable provisions of the Internal Revenue Code for a Corporation with the above stated purpose. 10. Directors. The number of directors constituting the board of directors of the corporation shall .be provided in the by-laws of the corporation. The number of directors constituting the 'initial board of directors shall be (3). The names and addresses of the persons who shall serve as initial directors until their successors are elected or qualified are: Name Address Terry F. Turner 3901 Oleander Drive New Hanover County Wilmington, NC 28405 A. V. Saffo 3901 Oleander Drive New Hanover County _ Wilmington, NC„ 2840a Despina T. Saffo 3901 Oleander Drive New Hanover County Wilmington, NC 28405 11. I demnificationof Officert..and Directors. In accordance with N.C.G.S. §55A78- 57, or any successor statute of -similar import later enacted, the corporation shall be liable for indemnification of any.'director or officer or former director or officer of the corporation or any person who may have served at its request as a director or officer of another corporation,partnership, joint venture, trust or other enterprises against liabilities and reasonable litigation expenses, including attorney's fees, incurred by him in connection with any action, suit, or proceeding in which he is made or threatened to be made a party by reason of being or having been such director or officer, except in relation to matters as to which shall be adjudged in such action, suit or proceeding to have acted in bad faith or to have been liable or guilty by reason of willful misconduct in the performance of duty. The indemnification authorized by this provision shall be addition to that permitted by N.C.G.S. 55A-8-50 through 55A-8-56, or any successor statute of similar import later enacted, and it is further provided that the corporation shall also be liable for indemnification to the fullest extent allowed under N.C.G.S. §55A-8-50 through §55A-8-56, or any successor statute of similar import later enacted. 12. Elimination of Director Uability, To the fullest extent allowed by N.C.G.S. §55A-2-02 (b)($) and §55A-8-60, or any successor statute of similar import later enacted, except as provided otherwise therein, person serving as a director, trustee, or officer of the corporation shall be immune individually from civil liability or monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, and any such liability is hereby eliminated to the fullest extent which may be accomplished as provided therein. 13. Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation. 14. The qualifications for membership in the corporation, and the voting rights of its members, shall be delineated in the Covenants, Conditions, and Restrictions of BEACON WOODS, duly recorded in the New Hanover County Registry and in the by- laws of the corporation, and the members of the corporation shall have only such voting rights as may be provided in such instruments. 15. These articles will be effective upon filing, unless a date and/or time is specified. This is the 3 day of June, 1997. . �i r- DAVID C. BAREFO T, INCORPORATOR e:lsharelcorporatlaoilheacon.hea BEACON WOODS HOMEOWNERS ASSOCIATION, INC. Annual Members Meeting October 14, 2014 Pursuant to notice, the Beacon Woods Homeowners Association, Inc. held its Annual Members meeting on October 14, 2014 in the CAMS Conference Room, 1612 Military Cutoff Road, Wilmington, North Carolina. Members Present: Ron Stancil — President; Andrew Tomlin — Treasurer; Mark Abreu — Vice President; Megan McNamara — Secretary; Amelia Lamb — Member at Large; Dianne Ward — Member at Large. CAMS Representatives Present: Mary Ann Crump — CAMS Property Manager and Tina Spadafino — CAMS representative recording minutes. Call Meeting to Order Ron Stancil as President of the Association called the meeting to order at 6:05 PM. Certification of Proxies, Meeting Quorum: Following the certification of proxies, it was determined represented 10 and 17 members were represented by proxy. that a quorum was established since the members present Proof of Meeting Notice: Mary Ann Crump displayed the Proof of Meeting Notice to the membership. IRS Ruling 70-604: ECEIVE A motion to accept the IRS Revenue Ruling 70-604 was made and seconded — the resolute � w 4Anq passed. Reading or Waiver of Reading of Previous Meeting Minutes: 6Y. A motion was made to waive the reading of and approve the minutes, which was seconded and passed with no objection. Officers' Report: Ron Stancil reported the following to the members: • Reserve fund continues to be funded and the community is in good financial health. • Discussed ongoing commitment to prepare for dredging of ponds. We anticipate funding will be available after second quarter of 2016 to dredge both ponds. If required to do so prior to this time, a Special Assessment would likely be required. • Discussed trespassers and solicitation. All owners need to address the solicitors/trespassers. If an owner is not comfortable addressing them personally, please call the Police Department and report what is going on. There is a no -solicitation policy in effect. Discussed the new development and the issues with drainage. The Board has written several letter and received responses but the Board's hands are tied as to making any changes. Financial Report Andrew Tomlin reviewed the current finances and reported on the following to the members: • Accounts Receivable in great shape, always willing to work with owners that are in difficult situations via. CAMS. Liens have been placed on those that met the requirements. There are currently four accounts that are delinquent. • Continuing to build the Reserves to meet the anticipated pond dredging costs. The estimated projection of the project in 2016 is approximately $135,000.00 • The 2015 budget reflects a small increase to accelerate funding Reserves for the dredging of the ponds, cover CAMS increase, and increased landscaper costs which include enhanced swale and ditch maintenance. • The entrance signs have been painted. • New signs purchased and installed at the ponds. 2015 Budget After presenting the Financial Report and accepting questions from the floor. A motion to accept the 2015 budget was made and was seconded. Motion to Ratify the 2015 Budget Passed. Election of Directors: In accord with the Bylaws of the Association, the Board of Directors of Beacon Woods Home Owners Association, Inc. has 6 members with three open positions. Ron Stancil, Mark Abreu and Megan McNamara self -nominated for the three open Board Positions. A motion was made and was seconded. The nominated candidates were re-elected unanimously by acclamation without opposition. The 2015 Board for Beacon Woods: President — Ron Stancil Vice President — Mark Abreu Secretary — Megan McNamara Treasurer — Andy Tomlin Member -at -large — Amelia Lamb Member -at -large — Dianne Ward New Business: A discussion to move the Annual Meeting to a location closer to home was held. The Board and the members will check into some possibilities. The members believe this may drive up participation. Adjournment: Ron Stancil made a motion to adjourn the meeting. The motion was made, seconded, and carried. The Beacon Woods Home Owners Association, Inc. 2014 Annual Meeting adjourned at 6:50 pm. Respectfully submitted by: Tina M. Spadafmo October 21, 2014 I 20 AA IVVII%-Jg NJ 4a At I kcsr S-/OCAS - --- :C1�--E_o�.�-.��! O SA 7 Aq iF VIO fir— fno,D cA" BUR %UA \Y\fkmc, Johnson, Kelly From: Johnson, Kelly Sent: Friday, October 03, 20141:36 PM To: 'Andy Cc: Phillip Tripp Subject: RE: SW8 950215, Beacon Woods Mr. Tomlin, We would require the pond(s) to be recertified if something changes, but from our discussion it didn't sound like that was intended. It sounded like this was just a math exercise to allow existing ponds to hold more impervious area that they hadn't previously claimed without making any physical changes to them. I hadn't worked on this file until you called earlier this week, and so I don't have any personal knowledge of it. Maybe Phil knows something about this one that I don't (he is cc'd). I see that it was inspected by the State and found to be compliant on 9/10/12. That inspection report says that the Engineer's Certification had been done. I looked quickly through the file, and I didn't see a copy of it. (It may have been mis-filed. I do not know. We will need to get a copy of it.) The process to "max out" an existing, permitted pond that didn't claim all of the impervious area that it can accommodate is to submit a permit modification. That consists of filling out the application form and submitting supporting documentation. Many engineers do an inspection as part of the process of preparing the application as due diligence because they have to be comfortable putting their stamp on what they submit, but that is different than the State's inspection. When we (State staff) review permit applications, our goal is to inspect all modifications. But, honestly, there are five of us and we have 8K1 permits over seven counties. We do not get to them all. It is up to the permit reviewer to determine which sites to inspect. Hopefully that answers your question? 19 From: Andy [mailto:atomlin@admci.com] Sent: Friday, October 03, 2014 10:16 AM To: Johnson, Kelly Subject: RE: SW8 950215, Beacon Woods Ms. Johnson, I contacted Mr. Phillip Tripp, PE., to obtain an estimated cost to revise the allowable impervious surface calculations per our discussion. He indicated at $150.00 per hour for his time, it would cost a few hundred dollars to revise the calculations. He also indicated he believed the state would require he inspect and re -certify the pond(s) ir,. order to approve the revised. calculations, and to approve the requested increased allocation of impervious surface for the respective lots. If this is the case, the cost could easily exceed $2,000 for his services. From our conversations, I was under the impression additional inspections and certifications would not be required, only amending of the calculations as we discussed. I have attached a copy of a letter from DWQ indicating the state inspected the site on September 10t:', 2012 and found it to be in compliance. Whereas the community has and continues to budget money for the dredging of the pond(s) with a target date of the second quarter of 2016, there is no money budgeted for amending the permit for this purpose. I do not believe the board would (or should) spend money allocated for dredging for the purpose of amending the permit. Hence, the entire cost of this endeavor is likely to be borne by me personally, even though the community will benefit as a whole. Contributing a few hundred dollars to this endeavor for my benefit and that of the community is somewhat burdensome, but the potential of $2,000.00 or more in personal costs, and then without guarantee of approval may not be possible. Would you kindly advise if inspections or re -certifications are going to be required, or if the revisions we discussed to the calculations will be sufficient? I respectfully request consideration in your response of efforts both myself as an individual, and the HOA are doing to proceed in the correct manner, as well as the responsibility our community is exercising in maintaining our ponds and swales and budgeting money for the projected dredging of the ponds. Thank you for your time and consideration in this request. Kind Regards, Andy Andrew Tomlin Treasurer Beacon Woods HOA atomlin@admci.com 910-617-5444 From: Andy Sent: Tuesday, September 30, 2014 2:49 PM To: Johnson, Kelly Subject: RE: SW8 950215, Beacon Woods Ms. Johnson, Letting you know I received the information. I appreciate your assistance in this regard. Kind regards, Andy Andrew Tomlin Treasurer Beacon Woods HOA atomlin@admci.com 910-617-5444 From: Johnson, Kelly[mailto:kelly.p.johnson(&ncdenr.govl Sent: Tuesday, September 30, 2014 2:31 PM To: Andy Subject: SW8 950215, Beacon Woods Mr. Tomlin, As we discussed, it appears that one or both of the ponds in this subdivision were not "maxed out" in terms of claiming the total impervious area that they can accommodate. If you are interested in determining the amount of additional impervious area that each pond can hold and modifying the permit to accommodate that volume without changing the ponds themselves, then please contact an engineer to determine the amount of area that will be available and then apply for a permit modification. Here is the link to our website with our application form which you can use for the modification (SWU-101), http://portal.ncdenr.org/web/ir/state-stormwater-forms docs. There are instructions for filling out the form just below the link to the document. Section 6 provides a list of the documents that you will need for any new permit, but for your modification you would only have to submit the items on the list that will change. Your engineer will be able to help you with that. For instance, if you want to give the "extra" impervious area to lots in the subdivision, then you will want to also record deed restrictions. On this same website, if you click on "deed restriction forms" you will see several options of pre -made forms available. Look for the high density residential subdivision. Once you know the new numbers finalized, you can fill out the form, have it notarized, and then record it with the county. If you have further questions please let me know. Kelly 1-"' LLli0hvus0V1. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 a _� I L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director February 6, 2013 Beacon Woods Homeowner's Association, Inc. C/o Ronnie Gurganus or Current HOA President 2002 Eastwood Rd Suite 202 Wilmington, NC 28403 Subject: Name Change / Ownership Change Beacon Woods Stormwater Permit No. SW8 950215 New Hanover County Dear Current HOA President: John E. Skvarla, III Secretary On September 10, 2012, Staff of the Division of Water Quality performed a file review and conducted a site inspection of Beacon Woods in order to determine compliance with State Stormwater Permit SW8 950215. As a result of this review the following has been determined: • The site inspection revealed that the site is in compliance with permit requirements. The file review revealed that on January 25, 1999, the Wilmington Regional Office received a request for the transfer of ownership of the Stormwater Management Permit SW8 950215 from university Group, Inc. to Beacon Woods Homeowner's Association, Inc. This transfer application was accepted, inspected and approved on March 10, 1999 however, it was found that a hardcopy of the transferred permit was never sent to Beacon Woods Homeowner's Association, Inc. Therefore we are providing you a copy of the permit, which includes the application and supplement forms, the Declaration of Covenants, and the Operation and Maintenance agreement from the previous permittee. In addition we have enclosed for your records copies of the current inspection report and the Name/Ownership Change form submitted on January 25, 1999. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division of Water Quality in the Wilmington Regional Office at the phone number below. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 796-72151 FAX 910-350-20041 DENR Assistance:1-877-623-6748 Internet www.ncwaterqualiyr.org An Fniml Onmrhinity 1 Affirmative Arfinn Fmnlnvor ne Nloo Carolina gw,nally If you have any questions concerning the requirements of the permit, please do not hesitate to call David Cox at (910) 796-7215. Sincerely, : F 7� "harles Wa ild, P.E., Director Division of Water Quality CW/GDS/ dwc: S:1WQS1StormwaterlPermits & Projects119951990215HD12013 02 permit 990215 cc: Terry Turner Wilmington Regional Office Stormwater File Paae 2 of 2 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James P. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality STORMWATER, D E C E I V E JAN 2 51999 D D E M pRo.i # L1 MMONNiiiiM, . V� NCDENii NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NiJURAL REsouRCEs WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORM TION: Stormwater Management Permit Number: "T W 8 150 2 f 5 1. Permit Holder's name: (kl i i(e rs i 4 y 4 ro uD . 2. Permit's signing official's name and title: (person responsible for permit) e S (ritle) 3. Mailing address: P.Q. &x 4-51-7 City: W �� I vn ; 11 -c., State; 0 ip Cade: 2840 b Phone: F.��o) P6 2 721 (Area Code and Number) (Area Code and Number) II. NEW OWNER/NAME INFORMATION 1. This request is for: K a. Change in ownership of the property/company b. Name change of project or company. c. Other (please explain): 2. New owner's name (name to be put on permit): gefevit W 004 S 11a m eow filers 3. New owner's signing official's name and title: (Person legally res le for pe it) / 1Ji�c ?Fes; erc% 9 Caws (Title) 4. Mailing address;Z02/ K44/ ��, f e ZO Z city:(i(f . 1 (dvl f q *4v1-. State: ,LZip Code: Z 8 3 Phone: /D 2�j�o • 3 7 �77- FAJ�(9/O� 2 Z- 3 7 `f ¢ Area ode and Number) (Area Code and Number) PERMIT NAME/OWNERSHIP CHANCE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: I. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. 5. A signed Operation.and Maintenance plan, if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, �-� 1r t"St E. I Ui ✓1 e f attest that this application for a name/ownership change has been reviewed and is accurate and c mplete to the best of my knowledge. I understand that if all required parts of this applicatiion are not completed and that if all required supporting information and attachments are not included, this a ication parka a ill be returned as incomplet 2 3� Signature: U44A W Date: Applicant's Certification: I, ra rn b e.. 6 0r s rt o 5 attest that this application for a name/ownership change has been reviewed and is accurate and complete o the best of my knowledge. I understand that if all required parts of this application are not completed and that -if all required supporting information and attachments are not included, this application package will be returned as inc fete. �) Signature: Date: t /-13 1qj THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural I:esources Division of Water Quality 127 Cardinal Drive Extention Wilmington, NC 28405 ATTN: Linda Lewis State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality January 21, 2000 Mr. Terry Turner, President University Group, Inc.. PO Box.4517 Wilmington, NC 28406 JN?FA A4�• A06M%% NCDENR NORTH CAROLINAq DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Stormwater Permit Transfer for Beacon Woods Subdivision Stormwater Project No. 950215 New Hanover County Dear Mr. Turner: The Wilmington Regional Office received a partial package requesting that the Stormwater Management Permit for Beacon Woods be transferred to the Homeowner's Association. I am having difficulty in getting appropriate signatures on the documents. Apparently, there is a misunderstanding as to who signs what. All of the signatures submitted to date on the transfer form and on the Operation and Maintenance forms have been people who work for CAMS, the agency hired to coordinate the HOA's business. Unfortunately, they are not legal members of or officers in Beacon Woods HOA, therefore, no one at CAMS is eligible to sign any of the documentation transferring ownership and maintenance responsibility, without a letter of authorization from the HOA. Only a member of the HOA, who is a legal resident of the subdivision, and who holds the title of President or Vice President in the association can sign the required documention.. CAMS acts only as a collection and distribution agency for the funds paid by the HOA, and is not a member of the HOA. Therefore any permits issued to HOA's signed by CAMS officers, are essentially enforceable against CAMS, and not the HOA. The party that signs the permit, without authorization, is considered the permittee. If an agent (CAMS) signs the application on behalf of the permittee, (the HOA), the State requires a letter of authorization from the President or Vice President of the HOA authorizing CAMS to sign on their behalf. Please choose one of the following options: Have the enclosed Ownership Transfer Form and Operation and Maintenance forms signed by the President or Vice President of Beacon Woods HOA. 2. Provide a letter of authorization signed by the President or Vice President of Beacon Woods HOA, giving CAMS the authority sign the required documentation. Several people have signed including Debbie Lenz, Ronnie Gurganus, and Timothy David Parent, so the letters will need to reflect all these people. I currently have 2 O & M's signed by Debbie Lenz, Community Manager (with CAMS?)- one for each pond. I also have a transfer of ownership document signed by a Ronnie Gurganus, VP (of CAMS?), and one O & M signed by Timothy David Parent, Community Association Manager, (with CAMS?) for Pond 1 only. Depending on who's who, I need a total of two O&M's signed (there are 2 ponds to be maintained in Beacon Woods) and the transfer of ownership signed. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper . Mr. Turner January 21, 2000 Stormwater Permit No. SW8 950215 If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS1arl: S:1WQSISTORMWATILETTERS1950215.JAN cc: Linda Lewis CAMS State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality RECEIVED MAR 101999 BY:�� February 19, 1999 Mr. Ronnie Gurganus, Vice President Beacon Woods Home Owner's Association c/o CAMS 2002 Eastwood Road, Suite 202 Wilmington, NC 28403 Dear Mr. Gurganus: NCDENR Nam., och spar 6-1-qq Subject: O & h Beacon Woods Subdivision Stormwater Project No. SW8 950215 New Hanover County Enclosed please find two Operation and Maintenance Plans for the subject subdivision. The Division received a permit transfer of ownership package on January 25, 1999, that included a signed Operation and Maintenance plan for a curb outlet system. Beacon Woods was permitted with two detention ponds, so the curb outlet O & M is not a valid document. Please sign the two enclosed O & M's for the maintenance of the 2 ponds. Upon receipt of the documents and pending a clean final inspection by DWQ, the permit will be reissued. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, 4m 01!V Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950215.FEB cc: Linda Lewis 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality April 5, 1999 Mr. Ronnie Gurganus, Vice President Beacon Woods HOA c/o CAMS 2002 Eastwood Road, Suite 202 Wilmington, NC 28403 7 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit Transfer Beacon Woods Subdivision Stormwater Project No. SW8 950215 New Hanover County Dear Mr. Gurganus: On March 10, 1999, the Wilmington Regional Office received the signed Operation and Maintenance plan to complete the permit ownership transfer for the subject subdivision. However, the O&M was signed by a Ms. Debbie Lentz, identified as the Community Manager. Is Ms. Lentz a member of the HOA, and/or a resident of the subdivision, or does she work for CAMS? I am trying to determine the legality of having the management company, which is hired by the HOA, sign the documents on the HOA's behalf. I need to make sure that the HOA realizes that the permit will be transferred to them, that the financial burden of maintaining the ponds is theirs, and that they know what the specific maintenance requirements are. Thank you for any information you can provide. Sincerely, c�dtou 44" Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950215.APR cc: Linda Lewis 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality January 20, 1999 Mr. Terry Turner, President University Group, Inc. PO Box 4517 Wilmington, NC 28406 ■ I NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NASURAL RFsOURCE5 Subject: Ownership Transfer Beacon Woods Subdivision Stormwater Project No. SW8 950215 New Hanover County Dear Mr. Turner: The Wilmington Regional Office received your request to transfer the ownership of the subject subdivision on December 31, 1998. In the interest of protecting the homeowners and ensuring that the system they take over is in compliance with the permit, it has been the policy of DENR, in accordance with the Attorney General's opinion, not to accept transfer requests that simply change the responsible party from the developer to an HOA. The State now requires: that at least 50% of the lots in the subdivision be sold (ie., no longer in the control of the developer); that the person who signs on behalf of the HOA be a resident of the subdivision, not associated with the developer in any way, (ie., not on the company payroll or an employee); and that the HOA be a fiscally sound entity, capable of paying for the costs associated with maintenance of the permitted system. It has been the State's experience that when we issue permits in the name of an HOA or transfer permits to the HOA early in the development of the subdivision, maintenance is abandoned by the developer, or the system never is in compliance with the permit prior to the transfer, and the maintenance costs become an unfair burden placed on the HOA. I am not intimating that you would do this type of underhanded deed, but because there are those who have done business in this manner, and have cost the State an immense number of manhours to investigate and sort out, we must enforce the policy that has been approved by the Attorney General. Additionally, the first name/ownership change is free. Subsequent changes will require a fee of $40.00, as outlined in the rules. I am returning the package that you submitted. Sincerely, �&� xutlli� Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950215.JAN cc: Linda Lewis Jeanette Powell Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Permit No.:508 q5O Z/5 - (to hp. vi ed by DT-9 State of North Carolina Department of Environment and Natural Resources JAN 0 6 2000 Division of Water Quality i .1 Y- STORMWATER MANAGEMENT PERMIT APPLICATION FORM`----- -- - WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. I. PROJECT INFORMATION (please complete the following information): Project Name : E3e2<-On WCC)01-5 SVpoir �/i'S b� Contact Person: I bA cto CA M5 Phone Number: (q I o) ZS(o 3�92 For projects with multiple basins, specify which basin this worksheet applies to: Basin Bottom Elevation j S, 3 -ft. (average elevation of the floor of the basin) Permanent Pool Elevation ZI, 3 ft. (elevation of the orifice) Temporary Pool Elevation 23. 3 ft. (elevation of the discharge structure overflow) Permanent Pool Surface Area 1K 2 7-5 sq. ft. (water surface area at the orifice elevation) Drainage Area 14, 9Z ac. (on -site and off -site drainage to the basin) Impervious Area r( ac. (on -site and off -site drainage to the basin) Permanent Pool Volume w1A cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume ?j9 84v cu. ft. (volume detained above the permanent pool) Forebay Volume til A cu. ft. SA/DA1 used I, g45 Y© (surface area to drainage area ratio) Diameter of Orifice 9. _�5 in, Design TSS Removal !10 % (85% TSS removal required, see item k below) U. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H ,1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Form SWU-102 Rev 1/August 1998 Page 1 of 3 ' r -•,Y Applicants Initials a. The temporary pool controls runoff from the 1 inch storm event. b. The basin length to width ratio is greater than 3:1. c. The basin side slopes above the permanent pool are no steeper than 3:1. d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail). e. Vegetation above the permanent pool elevation is specified. f. An emergency drain is provided to empty the basin. g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). h. The temporary pool draws down in 2 to 5 days. i. A trash rack is provided for both the overflow and orifice. j. The forebay volume is approximately equal to 20% of the total basin volume. k. Sediment storage is provided in the permanent pool. 1. A 30-foot vegetative filter is provided at the outlet2 (include erosive -flow calculations) m. Recorded drainage easement for each basin including access to nearest right-of-way. n. A site specific operation and maintenance (O&M) plan is provided. o. A vegetation management/mowing schedule is provided in the O&M plan. p. Semi-annual inspections are specified in the O&M plan. q. A debris check to be performed after every storm event is specified in the O&M plan. r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth). s. A legally responsible party is designated in the O&M plan3 (include name and title). t. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin. Footnotes: 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal. 3 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. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment systems (pretreatment other than forebays), and the vegetated filter if one is provided. This system (check one) ❑ does ❑ does not incorporate a vegetated filter. This system (check one) ❑ does ❑ does not incorporate non-integrated pretreatment. Maintenance activities shall be performs as follows: 1. After every significant runoff producing rainfall event and at least monthly: Form SW-102 Rev 1/August 1998 Page 2 of 3 a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth. -Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The original design depth is: & 1 The sediment removal benchmark depth is: 4. 5 Ow /G. ? /y5L� 5. Remove cattails and other indigenous wetland plants when they cover 75% of 4he basin surface. These plants shall be encouraged to grow along the basin perimeter. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address. ` Print name: a � j�Q� o� Pcxrp—&4 Address: dOD Q 1; 0.54-t.ro eJ i �aQ �► J- �P o2D I'r, y Phone:_ 9/D a SK 9 Title: Signature: Date:__ //fy I,A. -LLW , a Notary Public for the State of KOrA� County of ��9 ®/er , do hereby certify that e� �- personally appeared before me this day of � .2XD, and acknowledge the due execution of the forgoing infiltration system maintenance requir meats. Witness my hared and official seal, SEAL � `••. • h *a Ry 0'1 `'• '°UBLXC •' Form SW-102 Rev 1/August 1998 Page 3 of Permit No. Sv S 956 Z15 (to be provided by DWQJ State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form'may be photocopied for use as an original DWQ Stormwater Management Plan Review- A complete stormwater management p a —submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. I. PROJECT INFORMATION (please complete the following information): Project Name: &2COr1 Wocx l5 5u1j&1- yr$(j>1 Contact Person: _ RA Goo CA) I -, Phone Number: (910 ) 2 5& 3-492. For projects with multiple basins, specify which basin this worksheet applies to: Basin Bottom Elevation 15 'ft. HSL (average elevation of the floor of the basin) Permanent Pool Elevation Z I.O ft. f15L (elevation of the orifice) Temporary Pool Elevation 23. 0 ft. M5L (elevation of the discharge structure overflow) Permanent Pool Surface Area 2 ,1-1 5 sq. ft. (water surface area at the orifice elevation) Drainage Area 2 i . 9Co ac. (on -site and off -site drainage to the basin) Impervious Area ac. (on -site and off -site drainage to the basin) Permanent Pool Volume Y A cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 47, O(Z cu. ft. (volume detained above the permanent pool) Forebay Volume N A cu. ft. SA/DA1 used i. 9/ 76 (surface area to drainage area ratio) Diameter of Orifice 2 %& in. Design TSS Removal 170 % (85% TSS removal required, see item k below) II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space Provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Form SWU-102 Rev 1/August 1998 Pagel of 3 Applicants Initials a. The temporary pool controls runoff from the 1 inch storm event. b. The basin length to width ratio is greater than 3: 1. c. The basin side slopes above the permanent pool are no steeper than 3: 1. d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail). e. Vegetation above the permanent pool elevation is specified. f. An emergency drain is provided to empty the basin. g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). h. The temporary pool draws down in 2 to 5 days. i. A trash rack is provided for both the overflow and orifice. j. The forebay volume is approximately equal to 20% of the total basin volume. k. Sediment storage is provided in the permanent pool. 1. A 30-foot vegetative filter is provided at the outlet2 (include erosive flow calculations) m. Recorded drainage easement for each basin including access to nearest right-of-way. n. A site specific operation and maintenance (O&M) plan is provided. o. A vegetation management/mowing schedule is provided in the O&M plan. p. Semi-annual inspections are specified in the O&M plan. q. A debris check to be performed after every storm event is specified in the O&M plan. r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth). s. A legally responsible parry is designated in the O&M plan3 (include name and title). t. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin. Footnotes: 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal. 3 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. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment systems (pretreatment other than forebays), and the vegetated filter if one is provided. This system (check one) ❑ does ❑ does not incorporate a vegetated filter. This system (check one) ❑ does ❑ does not incorporate non-integrated pretreatment. Maintenance activities shall be performs as follows: 1. After every significant runoff producing rainfall event and at least monthly: Form SWU-102 Rev 1/August 1998 Page 2 of 3 a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The original design depth is: o The sediment removal benchmark depth is: 4. 5. Remove cattails and other indigenous wetland plants when they cover 75% of the basin surface. These plants shall be encouraged to grow along the basin perimeter. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address. Print name: 1}e661e Lehtz_ Address: 61002 E.o4wood Rd,; .Svi e zoZ W;J,eni a�n , i C 2FJYQ3_ Phone: (qlo ) 0,\ a - 3-7q 2 Title: (gip m m Vrn i YVl a nA q er Signature: Date:__ 3 I, % jtr� A. 1-6 izier a Notary Public for the State of _1Jpry Cwz I IY� County of W" ffido e r , do hereby certify that be_hi i e_ personally appeared before me this Clih day of Mckrf h , 19 Ot Ci , and acknowledge the due execution of the forgoing infiltration system maintenance requirements.gy hand and official seal, My commission expires U 61 ca I D:� HET2 % SEAL `�^Tj /P PUB LAG r; Form SWU-102 Rev 1/August 1998 Page 3 of 3 :DEVELOPER 113 BUILDING CONTRACTOR REALTOR' Term} �--- Turner PRESIDENT TFT & CO., INC. Bus. (910) 256-1045 1904 EASTWOOD ROAD RES. (910) 256-281 1 SUITE 212 LUMINA STATION MOBILE (910) 538-2700 WILMINGTON, N.C. 28403 TFT & Co., Inc. Post Office Box 4517 Wilmington, N.C. 28406 (910) 395-4006 Fax (910) 395-2729 DATE: FAX TRANSMITTAL COVER SHEET TIME: PLEASE DELIVER THE FOLLOWING PAGE(S) TO: NAME: ivief & L e-uwj S COMPANY: D E H N L)EPT. FROM:(1(I/Ie(" COMMENTS: 4�'-kA me. e o Woo FAX# 0 fAJ IllQr 511; fMS S. TOTAL NUMBER OF PAGES INCLUDING THIS TRANSMITTAL SHEET THANK YOU. REALTOR t -wz' BUILDING CONTRACT01 NC LICENSE NO. 28148 11�i�ii33$ 16:43 9107635631 TRIPP ENGINEERING PAGE 02 Department of Environment, Health and Natural Resources Division of Erwiromentat Management A7ia James B. Hunt, Jr., Governor Jonathan B. Noyes, Secretary EE " NJ F=1 A. P(G$ton i'iaward, Jr., P.E.. Director WATER QUALITY SUCTION nBhdlT NjIME/QWNTRSHIP CHANGE FORM rraui o 1. Porw holdees ame: Soti u r n !7 e lle-! o f rAe nt 2 Permit's si ffitag official's A=e and title; t e C ry t U r n e t' (Pessvll lepdy responsible fQr pe=t) ��e S i de nt (nee) 3. MaWagaddress: Q X 4517 City: W stye. N L. zp Code. 2 F4,06 phom: (91 o) '59 5. 4Oo6 :. This request for a name change is a msWt of: -i.b Change is CW=3Mp of pr9paty/scmpmy —C. Other (please explain j: Seett< o n A to d 5 e eT i erg 2 New ow='s namc (name to be put on permit): $re-WS+e (' Pk4CR. 14 0 A Nett owner's or Signing official's name and tide, �LGLK U✓ (Pcrsoa to=rcse for pewit) ailing address: Po. Box 451� Cny: INi! wA: 4` N- -- swe. N.C. Zipcode: 29466 Phoac: �9ao, 3g5.4006 •�• .���. ��.�. �4w#JJJVJi it-..irr t:le3 Y-W.=- Department of Environment, Health and Natural Resources , Division of Environmental Managernertt James B. Hunt, Jr., Ggvernor Jonathan B. Howes, Secretary 6 E:.=" M A. Plaston Howard, Jr.. P.E., Director WATER QUALITY SECTION UBMIT NAME/OWNTRsHrn L;HALNcE FORIVY LN of 61 .r :U I CA I 1k 4: ... PRE L� 3 I. PtsrrAiOMWeseame: G T 5 LLe ado - e vn e nt L L. G I Permits %1pWg of icWs name and We: Te C t* u f Vt a !' (Pew legal: responsible for peaDi* Pr'es { 4Etit box 45t� � (ride) - - 3. Malting a dnaa: .VK; VISA City, _ i _ swt N G zlp co&. 29406 Prune:: (`f 16) 59 5- Q-006 t. This request rot a nam change is a =suit of. J. L Ch=ge is ownership of FVpeny/company b. Name cbanga ody C. 0tha(premexplain)` JQ� `'IDYL Se��ie�n Z New oxm e3 name (name to be put oa petmiQ', f7a fif i n ntO h TLgI m S HOA 3. New owners cr s=fining official's eamc and for 4. Nasttn$ address. x city: _ e _m e h swse- W G Zip Code: 2� 6 Phor: cL,t©) 9rol"06 Department of Environment, Health and Natural Resources Division of Envtronrnental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.. Director 1"� L7EH R . ♦ a 1. FOR antic urnFA-r' 9 0 2 1 Bmom W_-ocls Slxiivisicn, 1013 lots l . Permit boldee3 name: 119v- si Inc. 2. Permit's slguing official's name and We (Person legally responsible for permit) Presidait iTitle) 3. Mailing address:_ p_n u= S,7 City S lace IVC Zip. Code: 289D5 _.`Phone: 910 • : VLSI, 1. Ibis request for a name change is a msult of: tea. Change ia_ownership of property/company _b. Name change only c• Other (please exol: 2. New owner's name (name to be put on 3. NCW OV?MCr 5 0. Signing official's name c10 4. Mailing addnss:_= as es Permit), and tide- 'If F.-"Wvvl W/ (p°410 n Ie8 1 ly ible for permit) State NC Zip Code: 284Q3 Pl:oac:L 256-37 fi ram%' TRANSACTION REPORT DEC-10-98 0E:52 AM FOR: TFT & CO., INC. 9103952729 * SEND DATE START RECEIVER PAGES TIME NOTE DEC-10 08:50 AM 3502004 4 1143" OIL UNIVERSITY GPOUP, INC. P.O. BOX 4 517 WILMINGTON, H. C. 2640(3 January 24, 2000 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Ms. Linda Lewis Subject. St.ormwater- Permit for - Beacon Woods Subdivision, �-::;tormwater• Project No. 950215 New Hanover County Gear Me. Lewis: This letter is to verify receiving your letter dated January 21, 2000. Mr. Ronnie Gur•ganus, 5200 hoods Edge Rd., Wilmington, N.C. 28409, shone 910-452-9450, signed change form over a year ago. Linda Dodson motorized it. He lives at the above home in Beacon Woods & was at the time of signing and accepting ownership for "all phases" -both ponds. if you have any fur•t.he-r questions, please let me know. Sincerely, z I lt� (' ( u"'� Terry �. Turner President University Group, Inc. cc: Karen Hopper CAMS TRANSACTION REPORT JAN-24-00 04:35 PM * FOR: TFT & CO., INC. 9103952729 SEND DATE START RECEIVER PAGES TIME NOTE � * JAN-24 04:35 PM 3502004 1 2811 OK State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality January 21, 2000 P.Y. Terry Turner, President University Group, Inc. PO Box 4517 Wilmington, NC 28406 AMIN NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsoURCES Subject: Stormwater Permit Transfer for Beacon Woods Subdivision Stormwater Project No. 950215 New Hanover County Dear Mr. Turner: The Wilmington Regional Office received a partial package requesting that the Stormwater Management Permit for Beacon Woods be transferred to the Homeowner's Association. I am having difficulty in getting appropriate signatures on the documents. Apparently, there is a misunderstanding as to who signs what. All of the signatures submitted to date on the transfer form and on the Operation and Maintenance forms have been people who work for CAMS, the agency hired to coordinate the HOA's business. Unfortunately, they are not legal members of or officers in Beacon Woods HOA, therefore, no one at CAMS is eligible to sign any of the documentation transferring ownership and maintenance responsibility, without a letter of authorization from the HOA. Only a member of the HOA, who is a legal resident of the subdivision, and who holds the title of President or Vice President in the association can sign the required documention.. CAMS acts only as a collection and distribution agency for the funds paid by the HOA, and is not a member of the HOA. Therefore, any permits issued to HOA's signed by CAMS officers, are essentially enforceable against CAMS, and not the HOA. The party that signs the permit, without authorization, is considered the permittee. If an agent (CAMS) signs the application on behalf of the permittee, (the HOA), the State requires a letter of authorization from the President or Vice President of the HOA authorizing CAMS to sign on their behalf. Please choose one of the following options: Have the enclosed Ownership Transfer Form and Operation and Maintenance forms signed by the President or Vice President of Beacon Woods HOA. 2. Provide a letter of authorization signed by the President or Vice President of Beacon Woods HOA, giving CAMS the authority sign the required documentation. Several people have signed including Debbie Lenz, Ronnie Gurganus, and Timothy David Parent, so the letters will need to reflect all these people. I currently have 2 O & M's signed by Debbie Lenz, Community Manager (with CAMS?)- one for each pond. I also have a transfer of ownership document signed by a Ronnie Gurganus, VP (of CAMS?), and one O & M signed by Timothy David Parent, Community Association Manager, (with CAMS?) for Pond 1 only. Depending on who's who, I need a total of two O&M's signed (there are 2 ponds to be maintained in Beacon Woods) and the transfer of ownership signed. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Turner January 21, 2000 Stormwater Permit No. SW8 950215 If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, ` 'C" Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\950215.JAN cc: Linda Lewis CAMS TRIPP ENGINEERING, P.C. 507 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 - Fax: (910) 763-5631 November 6, 1997 NCDE$NR Division of Environmental Management Water Quality Section 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Beacon Woods New Hanover County,, NC SW8 950215 TE 9511 Dear Linda: I-Z-'F'IoFCErVE7 NOV - 6 1997 IBY:---�-- 5% 9 - AON STORMWATER As per your correspondence dated October 7, 1997 we have revised the drainage for Beacon Woods outfall. We enclose two (2) revised plans with the revised front page of the application. Please review for comment and approval and contact us with questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. A. 14, Phillip G. Tripp Enc. PGT 9511 DENSITY PROJECT DATA DIVISION OF ENVIRONMENTAL MANAGEMENT ENGINEERED- X Project Name Beacon Woods Location (County, Township/Municipality, Address, State Road) Masonboro Loop Road and South College Road Owner's Name University Group, Inc. Mailing Address P.O Box 4517 Wilmington, NC 28406 Phone Number 395-4006- Submittal Date 2/21/95 (revised 11/6/97) Brief Description (include map and appropriate drawings) single family subdivision Name of Body of Water Receiving Stormwater Runoff Cape Fear River Classification of Water Body Sc If SA waters, engineered system, and distance is <0.5 miles, attach report of chloride sampling results mg/l. State/Federal Permits/Approvals Required (Check appropriate blanks) CAMA Major _ 404 Permit Other (Specify) CALCULATION OF BUII,"' 1rTMd1ATAT A 1MV A Sedimentation/Erosion Control _X DEM/DHS Sewage Disposal X Built upon area means that pc��, hat is coi pb N� including buildings, pavemer. ravel, etc. includes areas draining to dif as, please Subwatei.,uwu Subwatershed Classification SC SC Built Upon Area 304,780 sf 332,260 sf Total Project Area _926,521 sf 971,390 sf % Built upon Area 32.9% 34.2% Allowable B/U Area 30% 30% Is the Project B/U Area <the Allowable B/U Area? no (If no, an engineered % Built upon area = (built upon area / total project area) * 100 Built upon area limits for projects to meet density: SA waters --- 25%, Other --- 30% STORMWATER COLLECTION SYSTEM Describe how the runoff will be treated collection and routed through detention pond partially pervious cover 1 decking. If the project slow. is required.) Office use only TORMWATI E C E I V E D NOV 0 6 1997 D E M 11/5/97 BEACON WOODS 9511 SLS Detention Pond Total Drainage Area s . ft. acres 971,390 22.30 Impervious Area Land Use sq.ft. acres 60 Lots 4,000 sYlot 240,000 5.51 3130 If of 2W wide street 87,640 2.01 330 If of 1/1 2W 4,620 0.11 Total 332,260 7.63 Stormwater Calculations: Q2: Hydraulic Length (L) = 1300 ft. change in Height (H) = 3 ft. Tc = (L' /H).ane 1128 20.22 min. QPRE _ (CPRE) X (12) X (Area) 21.56 cfs QPosr = (CPOST) x (I2) x (Area) 42.26 cfs CN = (98)(% imp.) + (60)(1-% imp.: a 73 P - 3.30 in, for 2 yr, 6 hr storm S = 1000/CN - 10 = 3.70 Depth (D)= [P-(0.2)(S)]2 I [P+(0.8)(S)] 1.05 in. TP = [(43.5)(D)(Area)] I QUOST Pond Size: Elevation Surface Area ft. Normal Pool 22.50 23,433 Flood Pool 23.70 25,550 ,Top of Bank 28.00 39,153 Bottom of Pool 15.00 1,560 Vol.,h„K = [(Normal pool SA + Shelf SA)12] x (Shelf elev. - N.P. elev.) _-283,621 cu. ft. Vot.Flow [(Shelf SA + Flood Pool SA)12] x (F.P. elev. - Shelf elev.) 302.788 cu. ft. STORMWATER D E C E I V E NOV 0 6 1997 PROJ # o z! s Mco Q10: % impervious = 0.342 = 34.2% CPRE = 0.25 CPosr = (% imp.)(.95)+(1-% imp.)(.25) = 0.49 Iz = 3.87 in/hr 110 = 4.83 in/hr QPRE _ (CPRE) X (110) x (Area) a 26.91 cfs QPosr = (CPosr) x (110) x (Area) 52.73 cfs CN = (98)(% imp.) + (60)(1-% imp.) a 73 P = 4.80 in. for 10 yr, 6 hr stone S = 1000/CN -10 3.70 Depth (D)= [P-(0.2)(S)]2 / [P+(0.8)(S)] = 2.12 in. TP = [(43•5)(D)(Area)] I Q10,PosT 39.08 min. Required Surface Area at normal pool: Pond side slopes: 3 :1 Depth below N.P.: 7.5 ft. for calculated Density and given depth, SAIDA a 0.0110 chart for 90% TSS Removal for Wet SA = (SA/DA) x (Total Drainage Area) 10,685 sq. ft. State Storage Required For first 1" of runoff: Vol. = 1(1/12) x (DA) x (% imp.)] + [(1/12) x (DA) x (1-% imp.) x C] C = 0.2 38,341 cu. ft. 1115/97 BEACON WOODS 9511 SLS Detention Pond Size Outlet Pipe for 2-dav drawdown: for 1st 1" of stormwater, Q = REQ'D Vol. / 172,800 sec. (2-days) = 0.222 cfs Area of pipe = Q / [Cd x SQRT(2 x g x h)] Cd = 0.6 9 = 32.2 ft./s' h = (F.P. elev.- N.P. elev.) /2 O.6 ft. A = 0.0595 sq. ft. DIA. Of pipe = SQRT[(A x 4)/ pi] 0.2752 ft. 3.30 in. Outet Structure Check: Using a 6' x 6' Basin, Perimeter = 24 It, Q = CIA C = (°% imp)(95) + (1-% imp.)(.25) 0.49 1= 6.3 in. for a 10 yr. Storm A = 22.30 Acres 66.84 cfs Q= CwxLxHt5 H = [Q / (Cw x L)]73 Cw = 3 0.97 ft. Peak elevation = flood pool elevation + H = 24.67 ft. Size Outlet Pipe for 5-dav drawdown: for 1 st V of stormwater, Q = REQ'D Vol. / 432,000 sec. (5-days) 0.089 Cis A= Q/[Cd xSQRT(2xgxh)] Cd = 0.8 9 = 32.2 ft./sZ h = (F.P. elev. - N.P. elev.) / 2 0.6 ft. A = 0.0238 s . ft. DIA. = SQRT[(A x 4) / pi] = 0.1741 It. = 2.09 in. Date IJob ( Design >of z � _ P P G. Tom, P.E.-rac,r,kl tic 6tc-, , . _' 211 North Fifth Avenue Wilmington, NC 28401 For Check Job No. RMWP p E G E 9U�'� FEB 2 2 1995 II D M 1 mt ivy AdAA J ��u8 gSoZ/,5 /0 1 max"lia)" AVVI -„ Pao I) 330 LF of CjZ) a' z4W cr- aF � sir 155oc.F of Vz)'V— (1) 1-iL,« -SAC 5Z Lors (- 4CM sal ZOa1 OM Tel- 30 - -7805r= P �r "10 K:s rL�Mc�qAL. M-4 IAA ZI.ZlJ 4, 5L-6) 4 I Qu,100 O*c 1 m EtC.k-Y►ouy R41► _ 111Z Y- 3,5, 7(00 Fr 3 " }"1(oc) Ff' Ac3oc{c Piam,a,-V- r- Pone. S1K SLR = 3 , 1 6ult6lCY A&A Q joullk 171 (030 i7;40JA- OK Fwoo . Pow (z3.3 ) = Zr, C60 sF Vow A-Vy4t4.{ z 3 ) C Z�:3 ) i 7, �30 + zr, z�ao 2Q r��, Z ` 2 / � r-r3 z 36, r3 > 35, 465 - bk Date Job Design S>Oe Z--3i5 P�LIp G. Tx1pP, P.E. S- 4ccs f�T zf 211North Fifth Avenue WInington, NC 28401 For Check Job No. R. Tore, tuu oP or- tz� b�4r p�Pfc,. c�►7 flagw _ (7Z Sfr- sr � 3 f — 3�, 7c.o Fr tt = Q D _ , 7(ao A z, �o _ Z CA - o.co - o. FT `'�'► Z�3Z.Zxt7� sad Z 3J+ c� 6vrLtr w4S— 6vittw- ZT = (p3 IFS F°w 10 11a,. L Q13 (w ) 1" H� lks Z z m1 Date IJob Design 5 amip G. TRW, P.E. 5- ,►,u Pcr ��crs, 2U North Fifth Avenue VVi7mington, NC 18401 For Check po -10 Z of Z lMK4V1ouS AMe —FOM,� LRCr jrA (-&f-rmlOuTf -(C- "P f orlo Z) 3130 LF 0& Z8' -,-g*-r 33a CF Oe (V7-) Zap eoo Lm a 9= 'F(Gor // "TEAL jMVtt-4W'. r'ra 1 MPf��HlD1r5 ��1 za0 /1711390 _ - Azolo 40 C��tPTM e �� � �� �u�lorf• oV4c. Sheet 3 Of Job No. 9511 zz. ?o A zxr,s �- 87144:0 * Z0 Zdo, cw 6p 3 3� ZGO `51= Sol et4mA'44'q . Pon,, r"L 10�1- TSS Orca*fat, 1-7,971 imRccY io-s ARFA = I�iz 3321 Z(oo (&-n9'1'SOXO-ZO) = 38, 346 3 aamA� IQ�u1. C zl ) = t9, ZED (? 17,9TI �.F P—o IR%, ( Z3. o ) C 1913D0 + Z394 )Z 4-31 ID+F •z ' 38,345 FI OK �3� 104 FT3 Date PxM,� G. TRIPP,P.E. 211 North Fifth Avenue Job �� roRrhvgmx ��c cs, Design pT Tee:t� o Wilmington, NC 28401 For CO, 40005. j Check I Job No. —tSrj �ouxv,- L may, Fux,,- Po-t, or' of- 9A-4V. Z3.o Zg.�+ SIZ�e ouTucc Pt�C, 111 Dc►I Dtiawco.MK I?zr$oa 5kc. riw- A = Q 3+5 I7z,800 4 -7ra n �-r ZSTwq-tM4 6cyc_ 4=: X-C FWmertti = L- zsl- - 6s 10 Y4W RAU, 4- nA I Ok I ►�lo FL.000 '-& Date Job Design Sheet Z PHILLIP G. TRIPP, P.E. CAkltfoy �Of lie 211 North Fifth Avenue •r Wilmington, NC 28401 For Check Job No. 1�`wcn►l �0005 ��j( j 4 4z- it 1 Q= 6S Usti. Ftv g.C)6 b, I �• � ' Lo•3 ��s f,ik�- Zw-ti Z 's` I,s(4.) = 9` -3 xZa xt8 DETENTION POND ANALYSIS PROJECT #: 950215-2 PROJECT NAME: BEACON WOODS SD FILE NAME: S:\WQS\POND\950215-2.WK1 REVIEWER:ARL DATE: 25—Apr-95 Drainage Basin: UT WHISKEY CREEK Classification SA Chlorides: 20 Site Area 971390 square feet Drainage Area 971390 square feet Area in Acres 22.3000459 acres IMPERVIOUS AREA Runoff Coefficient Buildings 240000 1 Concrete 0 0.95 Asphalt 92260 0.95 TOTAL % IMPERVIOUS SURFACE AREA CALCULATION square feet Pond Depth: Adjusted SA 240000 Adjusted SA 0 Adjusted SA 87647 TOTAL 327647 6 TSS: 90 SA/DA 1.810% Req. SA < square feet Prov. SA `'; square feet [From plan Contours] VOLUME CALCULATION ORIFICE CALCULATION Flowrate Q2 0.27206018 Area 8.136418 Diameter 2 Flowrate Q5 0.10882407 Area 3.254567 Diameter 5 Engineer uses 2.875 Inches COMMENTS SURFACE AREA, VOLUME AND ORIFICE ARE WITHIN DESIGN GUIDELINES. DETENTION POND ANALYSIS PROJECT #: 950215-1 PROJECT NAME: BEACON WOODS SD Drainage Basin: UT WHISKEY CREEK FILE NAME: S:\WQS\POND\950215-1.WK1 REVIEWER:ARL DATE: 25—Apr-95 Classification,SA Chlorides: 20 mg/I Site Area 926521 square feet Drainage Area 926521 square feet Area in Acres 21.2699954 acres IMPERVIOUS AREA Runoff Coefficient Buildings 208000 1 Concrete 0 0.95 Asphalt 96780 0.95 TOTAL square feet ...... .. . ... % IMPERVIOUS SURFACE AREA CALCULATION SA/DA Req. SA Prov. SA VOLUME CALCULATION 1.745% Pond Depth: square feet square feet Green 475758 square feet Bottom 15.3 MSL Perm. Pool MSL Design Pool MSL Design SA 21565 square feet Req. Volume 32924.3833 cubic feet Prov. Volume cubic feet ORIFICE CALCULATION Flowrate Q2 0.23055555 Area Flowrate Q5 0.09222222 Area Engineer uses 2.75 Inches Adjusted SA 208000 Adjusted SA 0 Adjusted SA 91941 TOTAL 299941 6 TSS: 90 [From plan Contours] [From plan Contours] 6.895152 Diameter 2 2.758061 Diameter 5 COMMENTS SURFACE AREA, VOLUME, AND ORIFICE ARE WITHIN DESIGN GUIDELINES. DAVID C. BAREFOOT ATTORNEY AND COUNSELOR AT LAW ELKS TEMPLE BUILDING 255 NORTH FRONT STREET Pan OFFICE Box 1766 WmmiN TON, NORTH CAROLEYA 28402 (910) 762,0255 FAX (910) 762-7877 December 11, 1997 Linda Lewis NCDENR 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Restrictive Covenants for Beacon Woods Dear Ms Lewis: Per your request please find enclosed the following: RECEIyEE two 1 2 1997 1. Copies of recorded Declaration of Covenants, Conditions and Restrictions Beacon Woods Book 1950 Page 0166 2. Copies of recorded Supplemental Declaration of Restrictions Section 1-13, Beacon Woods, Book 1983 Page 0974 3. Copies of Supplemental Declaration of Restrictions Section 2-a, Beacon Woods, Book 2031 Page 0809 4. Copies of Supplemental Declaration of Restrictions Section 3, Beacon Woods, Book 2146 Page 0595 If you need further assistance, do not hesitate to call. Sincerely, xva� A % 4tFb Rebecca M. Barefoot r- E Elks Temple Building 255 North Front Street a 0 0 V r,}iid P.O. Box 1766 Cs' Wilmington, N. C. 28402 i 9 5 U STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 0 16 6 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BEACON WOODS THIS DECLARATION, made the V day of November, 1995, by UNIVERSITY GROUP, INC. hereinafter referred to as "Declarant" (whether one or more); WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, (hereinafter referred to as the "Properties") which is more particularly described as follows: Being all of Lots 1 through 28 and 31 through 39, inclusive, of BEACON WOODS, as shown on the plat thereof recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plats reference is hereby made for a more particular descrip- tion. Now, therefore, Declarant hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of; and which shall run with the real property 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. 000"is ARTICLE I. DEFINITIONS SECTION 1. Association shall mean and refer to Beacon Woods, HOA, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the mutual benefit and protection of the Properties. All property owners of lots in Beacon Woods and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership of such single family lot. SECTION 2. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 3; Properties shall mean and refer to all of Beacon Woods Subdivision as shown upon the recorded plat described above, and any of the additional properties that may hereafter be brought within the jurisdiction of the Association as herein provided. SECTION 4. Additional Properties shall mean and refer to any lands adjoining the Properties which are now owned or may be hereafter acquired or developed by Declarant and annexed to and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of lots as Mal i .`AIL V v � ► f' l�.ii ►: 1950 0 16 7 hereinafter provided. The annexation of such Additional Properties shall become effective by the recording by the Declarant of a supplemental declaration for each new section annexed. SECTION 5. Built Upon Area shall mean that portion of each lot that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. The built upon area for each lot shall not exceed 4000 square feet, unless and until the State of North Carolina shall revise its stormwater runoff regulations to permit a greater built upon area for each lot. All lots shall be graded such that two-thirds (2/3)of each lot shall drain towards the street. SECTION 6. Common Area shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall be all the area designated as "Common Area" on the plat of Beacon Woods Subdivision, if any. The Declarant shall have the right, but without any obligation, to designate as Common Area and convey to the Association for the common use and enjoyment of the Owners, any lands now or hereafter shown on any plat of Beacon Woods as "Future Development". SECTION 7. Lot shall mean and refer to any numbered lot shown upon the recorded plat of any section of Beacon Woods Subdivision. SECTION B. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) to mean and refer to University Group, Inc., its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant for the purpose of development. SECTION S. Declaration shall mean this Instrument as it may be from time to time amended or supplemented. SECTION 10. Membershw shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each member of the Association. SECTION 11. Member shall mean and refer to every person or entity who has a membership in the Association. ARTICLE II. PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations; B. The right of the Association to mortgage or convey the Common Areas, or to dedicate or transfer all or part of the Common Area, if any, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective until approved by vote of at least two-thirds (2/3) of the members, excluding the developer, • 2 i95U U16B as indicated in an instrument executed by the corporation and recorded in the New Hanover County Registry. C. The right of the Association to impose regulations for the use and enjoyment of the Common Area, if any, and improvements thereon, which regulations may further restrict the use of the Common Area. ARTICLE III. EASEMENTS SECTION 1. Perpetual, alienable easements are reserved as necessary in the Properties and the Common Areas thereof for the installation and maintenance of underground utilities and drainage facilities. SECTION 2. Declarant hereby reserves unto itself, its successors and assigns, perpetual, alienable easements over all streets and common areas as necessary to provide drainage, access, ingress and egress, to the property adjoining Beacon Woods Subdivision, to the North, East, South or West, in the event the Declarant, its successors or assigns should acquire or develop any property adjoining Beacon Woods, whether or not such adjoining property is annexed to this development as herein provided. The rights reserved by Declarant under this paragraph, shall include also, but are not limited to the right to use the retention pond for drainage of such adjoining lands. . SECTION 3. Ari easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the Lots and common area in the performance of their duties. SECTION 4. In case of any emergency or in case of any violation of these restrictions originating in or threatening any Lot or the common areas, regardless whether any Lot Owner is present at the time of such emergency or violation, the Board of Directors or any other person authorized by it, shall have the right to enter any Lot for the purpose of enforcing these restrictions, remedying or abating any nuisance or the causes of such emergency or violation, and making any necessary repairs not performed by the Lot Owners. Such right of entry shall be immediate, and shall not be deemed a trespass, but shall be without liability to the Association or its authorized representative, except for acts of gross negligence. SECTION 5. The Declarant reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right, on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each lot and such other areas as are shown on the plat of the Properties recorded or to be recorded in the office of the Register of Deeds of New Hanover County; provided further, that the Declarant may cut drainways for surface water whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas on any walkway, or on any residential lot now or subsequently designated for such use or to locate same upon any lot with the permission of the owner of such lot. Such rights may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility or service. 3 r.aE i 9 5 0 0 16 9 SECTION 6. The Declarant reserves unto itself, its successors and assigns, the right to subject the real property in this Subdivision to a contract with Carolina Power and Light Company for the installation of street lighting, which contract requires a continuing monthly payment to Carolina Power and Light Company by each residential customer for street lighting service. SECTION 7. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its heirs and assigns, and any Owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE IV. UTILITIES SECTION 1. Water Service. Water service for Beacon Woods Subdivision shall be provided by Cape Fear Utilities, its successors, or assigns. No lot owner may drill or otherwise construct a water well on any lot in Beacon Woods, or use any other source of water supply for household use, except for irrigation purposes, and then only with the consent of the Cape Fear Utilities, its successors or assigns. SECTION 2. Sewer Service. Property will be tied into the New Hanover County Sewer System. Sewer service to each lot will be provided bu New Hanover County. ARTICLE V. MEMBERSHIP AND VOTING RIGHTS SECTION 1. Every Owner of a lot in the Properties shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot. SECTION 2. Each member shall be entitled to one vote in the affairs of the Association for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. ARTICLE VI. MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the By -Laws; PROVIDED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until such time as 90% of the lots in Beacon Woods Subdivision and 90% of the undeveloped property in adjoining sections owned by Declarant have been sold and conveyed by the Declarant to purchasers or until December 31, 2005, whichever occurs first. Management and control may be transferred to the lot owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events. 4 i95U 0 17 0 ARTICLE VII. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of a deed therefrom, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Annual assessments or charges; B. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; C. Insurance assessments; and D. To the appropriate governing taxing authority, a pro rata share of ad valorem taxes levied against the Common Area, if any. The annual, special and insurance assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each 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 property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. SECTION 1. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of all easements, utilities and the Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Maintenance and improvements of the common areas, streets, roads, drives, drainage and utility easements and rights of way; and enforcing these restrictions; and, in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of Beacon Woods Subdivision. SECTION 3: Annual Assessments. Annual assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount of the annual assessment against each lot for any given year shall be fixed at least 30 days in advance of the annual assessment period; provided, however, that the first annual assessment shall be set prior to the conveyance of the first lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their lots. Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rate monthly installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership, except as herein provided. 5 6 r. O L. .i950 0 17 1 B. From and after January 1 ' of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum; provided that the Board of Directors may increase the amount of the annual assessment to a maximum of Three Hundred Dollars ($300.00) per lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase. SECTION 4. Suecial Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose. SECTION 5. Insurance. The Board of Directors on behalf of the Association, as a common expense, shall at all times keep the property of the Association, if any, insured against loss or damage by fire or other hazards and other such risks, including, but not limited to directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Properties and Common Area, which insurance shall be payable in case of loss to the Association for all members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees. SECTION 6. Insurance Assessments. All insurance policy premiums on the Common Areas for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense,, and the Association shall levy against the Owners equally as an additional annual assessment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums. SECTION 7. Notice And Quorum For Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent -to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. The required quorum at the subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. SECTION 8. Uniform Rate Of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. Declarant shall not. be required to pay maintenance assessments on unsold Lots retained by the Declarant. Provided, however, that Declarant shall pay to the 6 r.J i950 0 17 2 Association annually, in lieu of assessments, the pro rata share of insurance assessments, utilities and ad valorem taxes on the Common Areas attributable to the number of Lots owned by Declarant, as the same become due. SECTION 10. Effect Of Nonpayment Of Assessments And Remedies Of The Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date of the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. SECTION 11. Subordination Of The Lien To Mortaaae. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE Vill. ARCHITECTURAL CONTROL SECTION 1. Developer's Rights. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the By-laws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. SECTION 2. Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any lot in the Properties, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant or Architectural Control Committee shall deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. SECTION 3. Auoroval of Plans: A. No house plans will be approved unless the proposed house shall have a minimum of 1450 square feet of enclosed heated dwelling area. The term enclosed heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; provided, further, that shed type 7 {. 01 01 : \ 1 r. u E i 9 5 0 0 17 3 porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed heated dwelling area"; provided further that all houses must have an attached or detached single or two -car garage. B. Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considera- tions, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be. Provided, however, that no dwellings shall be constructed closer than 10 feet to an adjoining property line nor closer than 35 feet to the front property line of any lot, except lots 16, 17, 18, 22, 26, 31 and 32 with respect to which the minimum front property line set back shall be 30 feet. Provided further, however, that Declarant shall have the right to grant variances from these restrictions, not to exceed ten per cent (10%) of the side line restriction and not to exceed ten per cent (10%) of the front street line restriction. C. The exterior of all houses and other structures must be completed within twelve 0 2) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder, due to strikes, fires, national emergency or natural calamities. D. No structure shall be erected, altered, placed or permitted to remain on any lot, except one single family dwelling not to exceed two stories in height, unless the Declarant or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two stories, and one or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. E. All service utilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. F. Off street parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot which parking areas and the drive ways thereto shall be constructed of concrete, brick, asphalt, or turfstone, or any other material approved by Declarant, or its Designee. G. No fences shall at any time be placed or permitted to remain on any lot without approval of the Declarant or the Architectural Control Committee. H. All front yards areas shall be sodded, except for planting beds, shrubbery, trees, or other areas designated by Declarant or its designee, or approved by the architectural control committee, as applicable. 8 SECTION 4. Maintenance By Association. The Association, at its expense, shall be responsible for maintaining, repairing and replacing the planting easement areas, the subdivision entrance signage, the islands within the street rights of way, the irrigation system for planting areas, the storm water drainage system, including the detention pond, all drainage lines, pipes and ditches which are located on the properties or which drain from the properties to South College Road, except those constructed by individual lot owners and located within individual lots. The Association shall have the right to go onto the lots at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such lots; and each Owner hereby grants permission to the Association to enter his lot for such purposes. In the event that such need for maintenance, repair or replacement (other than such being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful, or negligent act of any Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject. The Association shall maintain all common areas, including plantings and shrubbery, walkways, located thereon, and lighting fixtures and shall pay all costs of operation thereof including all utility bills pertaining to signage and planting areas, and including premiums associated with general liability insurance insuring the Association from liability arising front ownership and operation thereof. ARTICLE IX. USE RESTRICTIONS SECTION 1. Land Use And Building Tvpe. No lot in Beacon Woods shall be used for any purposes except for residential purposes other than the "Common Area" which may be used for recreational purposes. All numbered lots in Beacon Woods shall be restricted for construction of single family dwellings only. Any building erected, altered, placed - or permitted to remain on any lot shall be subject to the provisions of Article VIII of this Declaration relating to Architectural Control. Different land use restrictions and architectural control guide lines may be established for adjoining properties developed by Declarant. SECTION 2: Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. SECTION 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty days notice from the architectural control committee, the Association or its designee shall enter upon such lands and remove the same at the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens. 9 i950 0 17 5 SECTION 4. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee. Provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any lot or in the common area until the construction of dwellings on all lots in the project 1s completed. SECTION 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any lot or on any street in the properties at any time, without the written consent of the Association or its designee. SECTION 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed. SECTION 7. TV Satellite Dishes And Outside Antennas. No TV satellite signal receiving dishes will be permitted on any lot and no outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee. Such permission may be denied for any reason in the sole discretion of the Board of Directors or other applicable authority. SECTION 8. Window Coverings. All drapes, curtains or other similar materials hung at windows, or in any manner as to be visible from the outside, of any building erected upon any lot shall be of a white or neutral background material. SECTION 9. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any lot shall be clear, white or non -frost lights or bulbs. SECTION 10. Junk Vehicles And Tractor Trailers. No inoperable vehicle or vehicle without current, registration and insurance, and no tractor -trailers will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the owner's expense. SECTION 11. Vehicle Repairs. No repairs to any vehicle may be made in driveways, only in garages and not visible from the street. No inoperable or immobile vehicle, whether or not containing current registrations, shall be permitted to remain in any driveway or on any street. SECTION 12. Signs. "For Sale" signs or any other signs shall be permitted on any Lot or in the common areas with the written permission of the Declarant, which permission may be denied by the Declarant for any reason; Provided, however, that the right to grant such permission for signs may be delegated by Declarant to the Board of Directors, at any time. Provided further, that a sign conforming to New Hanover County Sign Ordinance may be displayed by Declarant on any unsold Lot so long as Declarant owns any Lot in the Properties. SECTION 13. Alterations. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association. SECTION 14. Subdividing. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board. However, the Declarant hereby expressly reserves unto itself, its successors and assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision of the Property in order to create one or more modified lots; to further subdivide tracts shown on any 10 i 9 5 0 0176 such subdivision plat into two or more lots; to recombine one or more tracts or lots or a tract and lots to create a larger tract; to eliminate from this Declaration lots that are not otherwise Buildable or are needed for access to any area of the Property or are needed for use as private roads or access areas, and to take such steps as are reasonably necessary to make such replatted lots or tracts suitable and fit as a building site or access area or roadway, said steps to include, but not to be limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. SECTION 15. Water and Sewer Service. All lot owners shall be required to use water and sewer supplied by the Companies servicing the Properties for all household uses; a separate water system for the purpose of watering lawns, gardens and other outdoor uses shall not be permitted without the consent of the Declarant, its successors and assigns. ARTICLE X. RIGHTS OF INSTITUTIONAL LENDERS SECTION 1. "Institutional Lender" or "Institutional Lenders", as the terms are used herein, shall mean and refer to banks,, savings and loan associations, savings banks, insurance companies, Veterans Administration, Federal Housing Authority, Federal National Mortgage Association and other reputable mortgage lenders and guarantors and insurers of such first mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or Institutional Lenders shall have the following rights: A. To be furnished with at least one copy of the Annual Financial Statement and Report of the Association, including a detailed statement of annual carrying charges or income collected and operating expenses, such financial statement and report to be furnished by April 15 of each calendar year. B. To be given notice by the Association of the call of any meeting of the membership to be held for the purpose of considering any proposed Amendment to the Declaration, or the Articles of Incorporation and By-laws of the Association, which notice shall state the nature of the - amendment being proposed, and to be given permission to designate a - representative to attend all such- meetings. C. To be given notice of default in the payment of assessments by any owner of a lot encumbered by a mortgage held by the Institutional Lender or Institutional Lenders, such notice to be given in writing and to be sent to the principal office of such Institutional Lender or Institutional Lenders, or to the place which it or they may designate in writing to the Association. D. To inspect the books and records of the Association and the Declaration, By-laws and any Rules and Regulations during normal business hours, and to obtain copies thereof. E. To be given notice by the Association of any substantial damage to any part of the Common Areas. F. To be given notice by the Association if any portion of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority. 11 i 9 5 0 0 17 7 SECTION 2. Whenever any Institutional Lender, guarantor or insurer desires the benefits of the provisions of this section requiring notice to be given or to be furnished a financial statement, such lender shall serve written notice of such fact upon the Association by registered mail or certified mail addressed to the Association and sent to its address stated herein, or to the address of the property, identifying the lot upon which any such Institutional Lender or Institutional Lenders hold any mortgage or mort- gages, or identifying any lot owned by them, or any of them, together with sufficient pertinent facts to identify any mortgage or mortgages which may be held by it or them, and which notice shall designate the place to which notices are to be given by the Association to such Institutional Lender. ARTICLE XI. 'ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. SECTION 2. If the Declarant, its successors or assigns, shall develop any Additional Properties, said Additional Properties or any portion thereof may be annexed to said Properties without the assent of the members. Annexation provided for in this section shall become effective upon the filing by the Declarant of a supplemental or amended declaration in the Office of the Register of Deeds of New Hanover County. ARTICLE XII. GENERAL PROVISIONS SECTION 1. Enforcement. The Association, 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 this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter: SECTION 2. Enforcement Of Storm Water Runoff Regulations. The State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time. SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. SECTION 4. Lots Subject To Declaration. All present and future owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration 12 Jvvi� i�r.u� i95U 01?8 is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. SECTION 5. Amendment of Declaration. Except as provided in Article XI, Section 2, above, Section 6 below, and elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by the duly authorized officers of the Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant. SECTION 6. Amendments by the Declarant. The following amendments may be effected by the Declarant, or the Board, as the case may be, without consent of the members: A. Prior to the sale of the first lot, this Declaration may be amended by the Declarant. B. Declarant may amend this Declaration upon annexation of additional lands as specified in Article XI'r Section 2 herein. C. The Declarant or the Board may amend this Declaration to correct any obvious error or inconsistency in drafting, typing or reproduction. D. The Declarant, so long as it shall retain control of the Association, shall have the right to amend this Declaration to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property or to qualify the Property or any lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Veterans Administration, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. E. The Declarant, for so long as it shall retain control of the Association, and, thereafter, the Board of Directors, may amend this Declaration as shall be necessary, in its opinion, and without the consent of any owner, to qualify the Association or the Property, or any portion thereof, for tax- exempt status. F. The Declarant for so long as it shall have control of the Board may amend this Declaration to include any platting change of the Property as permitted herein. 13 JoolI . P1.:';C i 9 5 0 0 17 9 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed in its corporate name and its corporate seal affixed by its duly authorized officers all as of the day and year first above written. UNIVERSITY GROUP, INC. ATTEST: By; WA4 F 1W44AW President Secretary (Corporate Seal) c„ J yrrrH r .AP, � STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER _fiY"f ;;::... AN) VERIFIED )!;y SUE OOTS �.EGiS T ER OF DEEDS 10; tiANOVER CO. NO ' 95 NOU 13 RN 1119 a Notary Public for the a oresaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/sl" is the Secretary of UNIVERSITY GROUP, INC., a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing Instrument was signed 19 its corporate name by its President, sealed with its corporate seal and attested by ,iri self as its Secretary. WITNESS my hand and notarial seal this the day of November, 1995. :V.MY i es: q- q• l� Notary Public �- �.C� At7�. • = tER, criNo o' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER1`� F / The foregoing certificate of r� .� t I d S� � is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. MARY SUE OOTS REGISTER OF DEEDS - NEW HANOVER COUNTY 1� Deputy 14 .y ;- s rued TO ! g g 3 Draftsman: DAVID C. BAREFOOT Elks Temple Building 255 North Front Street P.O. Box 1766 Wilmington, N. C. 28402 Q Q RECORDED AHD VERIFIED NARY SUE DOTS REGISTER OF DEEDS ►,E``I HAI-iOVER CO. NC ' 96 FEB 2 PM `I 04 STATE OF NORTH CAROLINA SUPPLEMENTAL DECLARATION OF RESTRICTIONS COUNTY OF NEW HANOVER SECTION 1-B, BEACON WOODS St THIS DECLARATION, made this 3(` day of January, 1996, by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant; WITNESSETH: WHEREAS, Declarant is the owner of all of that certain property located in Masonboro Township, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Lots 39, 40, 41, and 46, in Section 1B of BEACON WOODS, as shown on the plat thereof recorded "rtoolsin Map Book 35 at Page 259 in the Office of the Register of '3 Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more particular description. WHEREAS, Declarant has heretofore executed a certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BEACON WOODS, dated November 2, 1995, and caused the same to be recorded on November 13, 1995, in Book 1950 at Page 0166, at. seq. of the New Hanover County Registry ("NHCR"); (hereinafter, the "Declaration"); and WHEREAS, pursuant to Article XI, Section 2 of the Declaration, the Declarant has the absolute right to develop additional properties and annex the same to the Subdivision without the assent or vote of the owners of lots; and NOW, THEREFORE, the Declarant does hereby amend the Declaration and declares that all of the property described above shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions set forth in the Declaration which are for the purpose of protecting the value and desirability of and which shall run with the real property 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. effect. The Declaration, as herein amended, shall be and remain in full force and IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, all as of the day and year first above written. ATTEST: 6�1r 7 Secretary (CORPORATE SEAL) UNIVERSITY GROUP, INC. BY: i , l iv✓I kA President �.�. CARO�.•`° BOOK +980 nr ,%u E 09?5 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, //*/) Cii-} `}7 . Ae/ c► l a -Notary Public for the aforesaid County and State, hereby certify that L•'..- < ) t%; _ personally appeared before me this day and acknowledged that he/stm is the Secretary of UNIVERSITY GROUP, INC, a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary. WITNESS my hand and seal (_N6 ARIALAEAI&) UGO �►'FR co�;� STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER this --:?/ day of Janua y, 1996 -; -- ,- 7 Notary Public The foregoing certificate of LINDA M. DODSON certified to be correct. This the o_ day of FF.BR ARY. 1996 _ dAshareWedresfteacon.1 B MARY SUE OOTS Notary Public is Register of Deeds -New Hanover County _Q_By: Deput RETURNED TO BOOK 2031 Draftsman: DAVID C. BAREFOOT Elks Temple Building 255 North Front Street P.O. Box 1766 Wilmington, N. C. 28402 PAGE R4C"DED AND VERIFIED MARY SUE DOTS 0 8 0 9 REGISTER OF DEEDS NEW HANOVER CO. NC ' 96 Mfly 16 RM 10 26 STATE OF NORTH CAROLINA SUPPLEMENTAL DECLARATION OF RESTRICTIONS COUNTY OF NEW HANOVER SECTION 2-A, BEACON WOODS THIS DECLARATION, made this _L� day of May, 1996, by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant; WITNESSETH: WHEREAS, Declarant is the owner of all of that certain property located in Masonboro Township, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Lots 42, 43, 44, 45, 47, 48, 49 and 50, in Section 2A of BEACON WOODS, as shown on the plat thereof recorded in Map Book 35 at Page 386 in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more 000045 particular description. WHEREAS, Declarant has heretofore executed a certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BEACON WOODS, dated November 2, 1995, and caused the same to be recorded on November 13, 1995, in Book 1950 at Page 0166, at. seq. of the New Hanover County Registry ("NHCR"); (hereinafter, the "Declaration"); and WHEREAS, pursuant to Article XI, Section 2 of the Declaration, the Declarant has the absolute right to develop additional properties and annex the same to the Subdivision without the assent or vote of the owners of lots; and NOW, THEREFORE, the Declarant does hereby amend the Declaration and declares that all of the property described above shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions set forth in the Declaration which are for the purpose of protecting the value and desirability of and which shall run with the real property 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. The Declaration, as herein amended, shall be and remain in full force and effect. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, all as of the day and year first above written. UNIVERSITY GROUP, INC. BY:-- /L44 ATTEST: A IPresident Secretary r •••.••60g1TY G��''°�. �r ate,!J ...R G,o yr, (CORPORATE SEAL) . �i o PO 4;rA BOOK PAGE STATE OF NORTH CAROLINA 2 0 3 1 0810 COUNTY OF NEW4MMOMER toW I, k GI d0itt , a Notary Public for the aforesaid County and State, hereby certify that _ personally appeared before me this day and acknowledged that he/she is the Secretary of UNIVERSITY GROUP, INC, a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary. WITNESS my hand and seal this /s-' day of May, 1996. My Commission Expires: (NOTARIAL SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER pr tee► fte0t �C e.�U��T �Nso s te5r leaft ' �y 1, V. if Notary Public The foregoing certificate of Notary Public is certified to be correct. This the c y of MARY SUE OOTS Register of Deeds -New Hanover County dAshareldedreaftea&n.2A y Rclum®d To' 2 0 y 5 0 1 6 3 E'0RDrD " 113 VERIFIED' S DOTS Draftsman: DAVID C. BAREFOOT REGISTER P ;? E C D S Elks Temple Building ii iNOVER CG. NC P.O. Box 1766 Wilmington, N. C. 28402 0 Jir ! 14 PM 1 00 STATE OF NORTH CAROLINA SUPPLEMENTAL DECLARATION OF RESTRICTIONS COUNTY OF NEW HANOVER SECTION 213, BEACON WOODS THIS DECLARATION, made this 14th day of June, 1996, by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant: 300123 WITNESSETH: WHEREAS; Declarant is the owner of all of that certain property located in Masonboro Township, New 'Hanover County, North Carolina, which is more particularly described as follows: BEING all of Lots 51 through 79, inclusive, in Section 2B of BEACON WOODS, as shown on the plat thereof recorded in Map Book -?) (g— at Page A— in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more particular description. WHEREAS, Declarant has heretofore executed a certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BEACON WOODS, and caused the same to be recorded November 13, 1995, in Book 1950 at Page 0166, et. seq. of the New Hanover County Registry ("NHCR") (hereinafter, the "Declaration"); and WHEREAS, pursuant to Article XI, Section 2 of the Declaration, the Declarant has the absolute right to develop additional properties and annex the same to the Subdivision without the assent or vote of the owners of lots, and the Declaration has thereafter executed and recorded a Supplemental Declaration of Restrictions, Section 1-B, Beacon Woods in Book 1983 at Page 0974, NHCR ; a Supplemental Declaration of Restrictions, Section 2-A, Beacon Woods, in Book 2031 at Page 0809, NHCR, and now desires to annex Section 2B, and subject the same to the Declaration. NOW, THEREFORE, the Declarant does hereby amend the Declaration and declares that all of the property described above shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions set forth in the Declaration which are for the purpose of protecting the value and desirability of and which shall run with the real property 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. The Declaration, as previously amended, and as herein amended, shall be and remain in full force and effect. WV V"6 I'A&UC 2095 0 16 4 /(Declarant) IN TESTIMONY WHEREOF, Grantor has caused this Instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, by authority of its Board of Directors, all the day and year first above written. UNIVERSITY GROUP, INC. BY: f'/ L �✓ ATTEST: President gVSY GRp o�PORq -�. Secretary : � ; �,•ye, • SEAL (CORPORATE SEAL) i �''� i Z O CAKO STATE OF NORTH CAROLINA COUNTY OF NEW HANGVE-n W Ak E 1, - E—I- kbf ra T • m°o& L , a Notary Public for IAA A(Cf County, North Carolina, hereby certify that A. U. SA S� personally appeared before me this day and acknowledged that (s)he is the Secretary of UNIVERSITY GROUP, INC., a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by him(her)self as its Secretary. WITNESS my hand and seal this day of 1996. Notary Public My Commission Expires: /4-) k (NOTARIAL SEAL) -�, *0ThRy � PIlBL1C �. COUNII STATE OF NORTH CAROLINA '"�•"'' COUNTY OF NEW HANOVER The foregoing certificate of � 4L4 re Public, is certified to be correct. This is the 64D-� day of 7T,�. a Notary MARY SUE OOTS rISTER OF DEED NE ANOVER COUNTY BY: D ty/ rapt G6 .. 21y6 0595 Draftsman: DAVID C. BAREF;QQT. Elks Temple Building P.O. Box 1766 ^ FEBWilmington, N. C. 28402 37 E28 PM 4 1 STATE OF NORTH CAROLINA'- - CORDED AND VERIFIED SUPPLEMENTAL I4A IR Y "' U E DOTS DE%ARATION OF RESTRICTIONS COUNTY OF NEW HANOVER REGISTER OF DEEDS SECTION 3, BEACON WOODS NEW IIAIIOVir4CO. jig THIS DECLARATION, made this Al day of February, 1997, by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant; WITNESSETH: WHEREAS, Declarant is the owner of all of that certain property located in Masonboro Township, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Lots 80 through 110, inclusive, in Section 3 of BEACON WOODS, as shown on the plat thereof recorded G0in Map Book 36 at Page 281 in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more particular description. WHEREAS, Declarant has heretofore executed a certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BEACON WOODS, and caused the same to be recorded November 13, 1995, in Book 1950 at Page 0166, at. seq. of the New Hanover County Registry ("NHCR") (hereinafter, the "Declaration"); and WHEREAS, pursuant to Article XI, Section 2 of the Declaration, the Declarant has the absolute right to develop additional properties and annex the same to the Subdivision without the assent or vote of the owners of lots, and the Declaration has thereafter executed and recorded a Supplemental Declaration of Restrictions, Section 1-B, Beacon Woods in Book 1983 at Page 0974, NHCR; a Supplemental Declaration of Restrictions, Section 2-A, Beacon Woods, in Book 2031 at Page 0809, NHCR, a Supplemental Declaration of Restrictions, Section 2-13, Beacon Woods, in Book 2045 at Page 0163, NHCR, and now desires to annex Section 3, and subject the same to the Declaration. NOW, THEREFORE, the Declarant does hereby amend the Declaration and declares that all of the property described above shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions set forth in the Declaration, as previously amended, which are for the purpose of protecting the value and desirability of and which shall run with the real property 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, except that the following additional special restrictions shall apply to Section 3, Beacon Woods: 1. Drainage Easements Lots 80 through 94, inclusive are hereby subjected to perpetual drainage easements ten 0 0) feet in width running along the rear property line of each lot (that is, the property line that adjoins Vineyard Green Subdivision), said easements being measured along and parallel with the rear property lines of each of said lots. Lots 95 through 110, inclusive, are likewise subjected to a perpetual drainage easement ten 0 0) feet in width, running along the rear property line of each of said lots (that is, the property line that adjoins Hidden Valley Subdivision) said easements being measured along and parallel with the rear property lines of each of said lots. The Declaration, as previously amended, and as herein amended, shall be and remain in full force and effect. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its corporate name and its corporate seal affixazL its duly aRalkG�rized officers, all as of the day and year first above written. 10596 UNIVERSITY GRO�, I�C6. BY: 1' r (uivrl VV ATTEST: resident /Ji,✓ r� pp,,•FeeueducnrQ9�, Secretary 'VA LIP im (CORPORATE SEAL) ��,, Y`'� .A .. STATE OF NORTH CAROLINA z•, ��� (:AR COUNTY OF R tJAKS r ,++,G4 W,& I, dFT-H ::�, mou ; , a Notary Public for the aforesaid County and State, hereby certify that o _ personally appeared before me this day and acknowledged that he/she is the Secretary of UNIVERSITY GROUP, INC, a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary. WITNESS my hand and seal this o`Z? day of February, 1997. _0,'-,eA Lu a a —I y'. Notary Public My Commission Expires: �f ,M1Ya�ae c Li Y• L r <r_os,.es (NOTA I L SEAL) . e ++11 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of Notary Public is certified to be correct. This the day of January, 1995. MARY SUE OOTS Register of Deeds -New HanovX County By; dAshare%dedreiMbeacon.3 eputy/ Draftsman: DAVID C. BAREFOOT ATTORNEY AT LAW Elks Temple Building 255 North Front Street P.O. Drawer 1766 Wilmington, North Carolina 28402 Parcel No. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WARRANTY DEED THIS DEED, made this the day of December, 1998, by and between UNIVERSITY GROUP, INC., a North Carolina corporation, with an office in New Hanover County, North Carolina, (hereinafter called "Grantor"); and BEACON WOODS HOMEOWNERS ASSOCIATION (hereinafter called "Grantee"), whose mailing address is: c/o CAMS, 2002 Eastwood Road, Suite 202, Wilmington, NC 28403 (whether one or more persons, firms, or corporations). 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 WHEREAS, the Grantor conveyed or intended to conv to the Grantee all of the Common Areas of Beacon Woods, by deed recorded in Book 2412 at Page 308 of the New Hanover County Registry ("NHCR"); and whereas, the aforesaid deed made reference to a plat recorded in Map Book 37 at Page 9, NHCR, which said plat did not show all of the common areas and drainage common areas intended to be conveyed; and WHEREAS, the Grantor has caused the plat showing the common areas to be revised and recorded in Map Book 38 at Page 81, NHCR; and now desires to make more definite and certain the property intended to be conveyed to the Grantee by the execution and recordinf of this deed. NOW, THEREFORE, the Grantor, in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations paid to them, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, the following described lands located in Masonboro Township, New Hanover County, North Carolina, and being more particularly described as follows: BEING all of the COMMON AREAS OF BEACON WOODS, which includes all of the areas as shown on the plat entitled "Revision of Section T -B, Beacon Woods, recorded in Map Book 38 at Page 81, NHCR, except the tract designated as "Well Site 1.32 ac f " and except the numbered lots shown thereon. SUBjEC T TO that certain DECLARATION OF COVENANTS, CONDITIONS, and RESTRICTIONS, BEACON WOODS, recorded in Book 1950 at Page 0166, et. seq. of the New Hanover County Registry ("NHCR"), as amended by those Supplemental Declarations rec orded in Book 1983 at Page 0974, NHCR (Section 1-B); Book 2031 -at Page 0809 (Section 2-A), Book 2045 at Page 0163 (Section 2-B), and in Book 2146 at Page 595 (Section 3), NHCR. TO HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple FOREVER. AND said Grantor covenants with the Grantee that the Grantor is seized of the said premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth, and except for ad valorem taxes for the year 1998, and subsequent years, and usual utility easements and rights of way of record, and said Grantor will WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed M seal affixed by its duly authorized officers, by II the day and year first above written. UNIVERSI Y GROU , ITC. L.Yv✓� Presid nt , Secretary STATE OF NO,R�TH C OLIN COUNTY OF l/�1 ho� 1, 2 /70/� In L6610A) , a Notajry Public for the aforesaid County and State, do hereby certify that R - U . personally appeared before me this day and acknowledged that he/she is the Secretary of UNIVERSITY GROUP, INC. a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing Instrument was signed in its name by its President, sealed with its corporate seal, and attested by self as its Secretary. WITNESS my hand and notarial seal, 1119< �rrrrrqi, � ����� P D O My Commission Expirg5� �e'•`•�•~''••., e? ARIAL SEAL) �yOTAiq� s STATE OF NORTH y�'''•��• Cp��',,,` COUNTY OF NEW The foregoing certificate of certified to be correct. This the day of d:\share\deeds\beacon2.hoa is the day Of Notary Public _, Notary Public, is 199 MARY SUE OOTS Register of Deeds - New Hanover County By- Deputy/Assistant e� STMr o' d yra m, aw+ State of North Carolina Department of. Environment, ' Health, and. Natural Resources Wilmington Regional Office - James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson Jonathan,B. Howes,. Secretary WATER QUALITY SECTION Regional Manager April 25, 1995 Mr. Terry Turner University Group, Inc. Post Office Box 4517 Wilmington, North Carolina 28406. Subject: CERTIFICATION OF COMPLIANCE with Stormwater Regulations . Stormwater Project No. SW8 950215 .Beacon Woods Subdivision New Hanover County Dear Mr. Turner: This Certification is pursuant to the application for Beacon Woods Subdivision received on February 22, 1995, with additional information received on April 11, 1995.. Staff review of the project plans and specifications, including the statement of intent to restrict the built -upon area for each of the 112 lots, as shown on the approved plan, to 4,000 square feet, has determined that the stormwater control system as proposed for Beacon Woods Subdivision will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(i). The runoff from.637,040.square feet of impervious area will be treated in two detention ponds sized to achieve 90 % reduction in Total Suspended Solids. Two-thirds of each lot must be graded to drain into the street. Any modification of the plans submitted. to and approved by this Office or further development of this site regardless of the fact that the modification may be less than 1 acre, will require an additional Stormwater Submittal/Modification and approval prior to initiation of construction_ . Modifications include but are not. limited to; project name changes, transfer of ownership, redesign of built -upon surfaces, addition of built -upon surfaces, redesign or further subdivision of the project area. This Certification shall be effective. from the date of issuance until rescinded. The project shall be constructed and maintained in accordance with the plans and specifications approved by the Wilmington Regional Office. This Certification does not supersede any other permit or approval. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project. '`this could include the Division of Coastal Management under CAMA requirements, the Division.of Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland. Permit, NPDES Stormwater Permit if disturbing five acres or more; local County or Town Agency permits under their local ordinances, or others that may be required.. . 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Turner April 25, 1995 Stormwater Project No. SW8 950215 ------------------------------------------- A professional engineer must certify that the stormwater system has .been installed in accordance with the approved plans and specifications upon completion of construction. The attached certification should be received by this Office within 30 days of completion of construction. The detention pond must be constructed in it's entirety, operational for it's intended use, and permanently vegetated prior to the construction of any impervious surfaces proposed as a part of. the Project, except roads. 3900. If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (910) 395- Sincerely, Dave Adkins Water Quality Supervisor DA/arl: S:\WQS\STORMWAT\CERTMC\950215.APR cc: Phil Tripp, P.E. Alan Golden, New Hanover County Inspections Bradley Bennett Beth Easley, New Hanover County Linda Lewis Wilmington Regional Office Central Files DIVISION OF ENVIRONMENTAL MANAGEMENT PROJECT DATA Project Name: Project Number: Location: Applicant: Mailing . Address: Submittal Date: Water Body Receiving Stormwater Runoff. Classification of Water Body: If Class SA, chloride sampling results: Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Offsite Area entering Pond: Green Area, entering Pond: Required Surface Area: Provided Surface Area: Required Storage Volume: Provided Storage Volume: Temporary Storage Elevation: Controlling Orifice Type/Diameter: Beacon Woods Subdivision Pond 1 SW8 950215 New Hanover County Mr. Terry Turner University Group, Inc. Post Office Box 4517, Wilmington, North Carolina 28406 February 22, 1995 UT Whiskey Creek "SC" 20 6.0 feet 21.3 MSL 304,780 square feet (includes 52 lots @4,000 sf/lot) N/A square feet 475,758 square feet 16,165 square feet 18,275 square feet 32,924 cubic feet 39,840 cubic feet 23.3 MSL 2 3A " pipe DIVISION OF ENVIRONMENTAL MANAGEMENT PROJECT DATA Project Name: Project Number: Location: Applicant: Mailing Address: Submittal Date: Water Body Receiving Stormwater Runoff: Classification of Water Body If Class SA, chloride sampling results: Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Offsite Area entering Pond: Green Area entering Pond: Required Surface Area: Provided Surface Area: Required Storage Volume: Provided Storage Volume: Temporary Storage Elevation: Controlling Orifice Type/Diameter: Beacon Wounds Subdivision Pond 2 SW8 950215 New Hanover County Mr. Terry Turner University Group, Inc. Post Office Box 4517 Wilmington, North Carolina 28406 February 22, 1995 UT Whiskey Creek "SC" 20 mg/1 6.0. feet 21.0 MSL 332,260 square feet (includes 60 lots @4,000 sf(lot) N/A square feet 624,447 square feet' 17,584 square feet 21,775 square •feet 37,711 cubic feet 47,012 cubic feet 23.01ASL 2-7/8" pipe WET DETENTION FOND EVALUATION 1. Yes No The design storage is for the runoff from all impervious surfaces resulting from 1-inch of rainfall and is .located above the permanent pool. 2. Yes No The permanent pool is designed for 90 % total suspended solid (TSS) removal. Therefore, no vegetative filter is required. 3. Yes No The runoff completely draws down to the permanent pool in 5 days, but not less than 2 days. 4. Yes No The mean depth of the permanent pool is a minimum of 3 feet. 5. Yes No The inlet structureis designed to minimise turbulence and short circuiting. 6. Yes No An appropriate operation and maintenance plan has been provided for the system. 7. Yes No THIS PROJECT MEETS 'THE STORMWATER CONTROL REQUMEMENTS OF 15A NCAC 2H.1003 (g), (i), (k), and (1) (For Yes, 1 through 7 must all be highlighted Yes.) Brief Explanation: These detention ponds are designed to remove 90 % total suspended solids without the aide of a vegetative filter. DIVISION OF ENVIRONMENTAL MANAGEMENT. SIGN -OFF Wihnmgton Regional Office 4�& ze Date Individual Evaluating Form/Plans Date Regionar Water Quality Supervisor cc: Applicant/Bradley Bennett/arl/WiRO/CF Beacon Woods Subdivision New Hanover County . Stormwater Project No. SW8 950215 Engineer's Certification as a duly registered Professional Engineer in the State Of North Carolina, having been authorized to observe (periodically/weekly/full .time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration Number Date DIVISION OF ENVIRONMENTAL MANAGEMENT PGT 9511 DENSITY ENGINEERED X PROJECT DATA Project Name. Beacon Woods Location (County, Township/Municipality, Address, State Road) Ma.sonboro Loop Road & South College Road Owner's Name University Group, Inc. MailingAddress PO Box 4517 Wilmington, NC 28406 Phone Number 395-4006 Submittal Date 2_/21/95 Brief Description (include map and appropriate drawings) single family subdivision unamed tributary to Whiskey_Creek Name of Water Body Receiving Stormwater Runoff Classification of Water Body SA If SA waters, engineered system, and distance is < 0.5 miles, attach report of chloride sampling results 20 mg/1 State/Federal Permits/Approvals Required (Check appropriate blanks) CAMA Major Sedimentation/Erosion Control X 404 Permit DEM/DHS Sewage Disposal X Other (Specify) CALCULATION OF BUILT UPON AREA Built upon area means that portion of a development that is covered by impervious or partially pervious cover including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project includes areas draining to different water classifications, please note them separately below. Classification Built upon area Total Project Area % Built upon Area Allowable B/U Area Subwatershed SA 304,780 SF 926,521 SF 32.9% 30% Subwatershed SA 332,260 SF 971,390 SF 34.2% 3.0 Is the Project B/U Area 5 the Allowable B/U Area?_ no (If no, an engineered system is required.) % Built upon area = (built upon area / total project area) * 100 Built upon area limits for projects to meet density: SA waters -- 25 %, Other --- 30 % STORMWATER COLLECTION SYSTEM Describe how the runoff will be treated cool l ection and route through r_ ntion pond Office use only ECEIVk UD FEB 2 2 1995 .Roj #swZ�oa5 BUFFER AREA Is the built upon area at least 30 feet from mean high water of all surface waters? yes If no, please provide a description (Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed within 30 feet of the mean high water line if the project is intended to meet stormwater control requirements through density limits.) DEED RESTRICTIONS AND PROTECTIVE COVENANTS By my signature below, I certify that the. recorded deed restrictions and protective covenants for this project shall limit the allowable built -upon area per lot to 4000 square feet inclusive of right-of-way, structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be changed or deleted without consent of the State. CERTIFICATION I, certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information, and that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC 2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and agree to abide by the deed restrition statement above. !�U441 cUl"I "✓ Owner's Si ature Date Provide authorized person or firm name and address below: Phillip G. Tripp, PE 211 N. 5th Ave. Wilmington, NC 28401 ✓ I, 6Notary Public for the State of County o , do hereby ertify that personally appeared before me this 2S day of , 19 � L 5', and acknowledges the due execution of the foregoing instrument. Witness my hand and official se , ,F c R Rio v. 'h My commission expires =1 Q- 9;J DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF -% Regional Office 25 AEK 95mdu� Date In ividual Evaluating Forms/Plans Date Regional Water Quality Supervisor cc: Applicant/WiRO/Bradley Bennett/Central Files F.O. Box 1766 Wilmington, N. C. 28402 STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER BEACON WOODS THIS DECLARATION, made the, day of , 1:995, by UNIVERSITY GROUP, INC. hereinafter referred to as "Declarant" (whether one or More); WITNESSETH: Whereas, Declarant is the owner of certain real property in the -City of Wilmington, New Hanover County, North Carolina, (hereinafter referred to as the "Properties") which is more particularly described as follows: Being all of Lots 1 through 38, of BEACON WOODS, as shown on the plats thereof recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, .North Carolina, to which plats reference is hereby made for a more particular description. " Now,. therefore, Declarant hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements., restrictions', covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property 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 1. DEFINITIONS SECTION 1. Association shall mean and refer to Beacon Woods, HOA, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the mutual benefit and protection of the Properties. All property owners of lots in Beacon Woods and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership'of such single family lot. SECTION 2. Owner shall mean and' refer to the record owner, whether one or more persons or entities, of a fee 'simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest.merely as security for the performance of an -obligation. SECTION 3. Properties shall meant and refer to all of Beacon Woods Subdivision as shown upon the recorded plat described above, and any of the additional properties that may hereafter be brought within the jurisdiction of the Association as herein provided. SECTION 4. Additional Properties shall mean and refer to any lands adjoining the Properties which are now owned or may be hereafter acquired or developed by Declarant and annexed to and made a Fart of the Properties by the Declarant and MAR-24-SS 15.37 FROM=DAVID C BAREFOOT ID= FACE 3/3 hereinafter provided. The annexation of such Additional Properties shall become effective by the recdrding by the Declarant of a supplemental declaration for each new section annexed. SECTiON 5. BuiIt Upon Area shall mean that portion of each lot that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. The built upon area for each lot shall not exceed 4000 square feet, unless and until the State of North Carolina shall revise its stormwater runoff regulations to permit a greater built upon area for each lot. -,All lots shall be graded such that two-thirds (2/3)of .each lot shall drain towards the street. SECTION G. Common Area shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first 'lot shall .be all the area designated as "Common Area" on the plat of Beacon Woods Subdivision, if any. SECTION 7. Lot shall mean and refer to any numbered lot shown upon the recorded plat of any section of Beacon Woods Subdivision. ; SECTION S. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) to mean and refer to University Group, inc., its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant for the purpose of development. SECTION 9. Declaration shall mean this Instrument as it may be from time to time amended or supplemented. SECTION 10. Membership shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each member of the Association. SECTION 11. Member shall mean and refer to every person or entity who has a membership in the Association. ARTICLE H. PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to suspend the voting. rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid and fora period not to exceed sixty (60) days for any infraction of the published rules and regulations; . PGT 9511 Project Name: Responsible Party: POND NL4EV MANCE REQUIRENIMTS Beacon Woods University Group, Inc. Project No. 395-4006 Phone No. Address: PO Box 4517 Wilmington, NC 28406 I. Monthly, or after every runoff producing rainfall event, whichever comes first: A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning. B. Inspect and clear the orifice of any obstructions. If a pump is used. as the drawdown. mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DEM personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/cleaning will be done as necessary. H. Quarterly: A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. M. Semi-annually: A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The pond depth will be checked at various points. If depth is reduced to 75 % of original design depth or 3 feet whichever is greater, sediment will be removed to at least the original design depth. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twica year as necessary. jp)ECI�VV��nl u FEB 2 2 1995 DEM ,�oJ sc,v?95GZ15 IV. General: A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6' . B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the system will be checked for .clogging. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. V. Special Requirements: 41A I, , hereby acknowledge that I am the financially responsible party for maintenance of this detention pond. I will perform the maintenance as outlined above, as part of the of Compliance with Stormwater Regulations received for this project. Signature: / W/ _ Date: a Notary Public for the State of f ✓ Coun ' of do hereby certify that personally appeared before me this l day of , 19 , and acknowledge the due execution of the foregoing instrument. Witness my hand and olKicial seal, SEAL�,,,r:9�:�::,;i,, y commission expires ��l •�� ��t 85 i tt - � as DA/arl: S:IWQSISTORMWAnFORMSIO&M-POND.F+OR °: `� ,'•