HomeMy WebLinkAboutSW8961234_HISTORICAL FILE_20000128STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 �D i�3Li
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
. HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2C)Oo 0I24
YYYYMMDD
'-,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
Mr. Joe Hearne, General Partner
Kure Beach Associates
PO Box 22
Kure Beach, NC 28449
Dear Mr. Hearne:
7 8
January �I, 2000
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NR URAL RESOURCES
Subject: Permit No. SW8 961234 Modification
Kure Dunes Phase IV
High Density Subdivision Stormwater Project
New Hanover County
The Wilmington Regional Office received a complete modification to the Stormwater Management Permit
Application for Kure Dunes Phase IV on December 30, 1999. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 961234 Modification, dated January 21, 2000, for the construction
of Kure Dunes Phase IV.
This permit shall be effective from the date of issuance until January 21, 2010, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems. Please replace the previously approved sheet C-1 with enclosed
approved sheet C-1.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or
me at (910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIn961234.JAN
cc: W.K. Dickson
Bill Hanna, Kure Beach Building Inspections
Tony Roberts, New Hanover County Inspections
Linda Lewis
Wilmington Regional Office
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
State Stormwater Management Systems
Permit No. SW8 961234
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Kure Beach Association.
Kure Dunes Phase IV
New Hanover County
FOR THE
construction, operation and maintenance of a detention pond and an underground infiltration trench in compliance
with the provisions of 15A NCAC 2H A000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications and other supporting data as attached and on file with and
approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 21, 2010 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The stormwater detention pond has been designed to handle the
runoff from 185,698 ftz, and the infiltration gallery has been designed for 19,563 ft2 of impervious area, and
includes lots, clubhouse area, roads, and parking, as shown on the drainage area map..
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per
approved plans.
5. Each of the 40 lots in the subdivision is restricted to a maximum amount of built -upon area, as tabulated on
the attachment to the application. 5 of this Permit for the specific allowable BUA per lot.
2
State Stormwater Management Systems
Permit No. SW8 961234
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff:
Index 4/ Classification of Water Body:
*Pond Depth:
Permanent Pool/Bottom Elevation, FMSL
Total Impervious Surfaces Allowed, ft':
Offsite Area entering Pond, ftz:
Required Surface Area, ft2:
Provided Surface Area, W :
Required Storage Volume, W:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Seasonal High Water Table Elevation, FMSL:
Type of soil:
Reported Hydraulic Conductivity:
Time to drawdown:
*Pond drains to The Keys, SW8 940217.
Kure Dunes Phase IV
SW8 961234 Modification
New Hanover County
Mr. Joe Hearne, General Partner
Kure Beach Association
PO Box 22
Kure Beach, NC
28449
December 30,1999
(Modification)
Atlantic Ocean
Cape Fear River
(CFR 99-3) / "SB"
(CFR 18-71) / "SC' -
POND
INFILTRATION TRENCH
6'
10' W x T H x 135' L trench with 270
linear feet of 12" (� perforated piping
17 22
185,698 19,563
2-2/3 lots from Phase III
@4,534 each (12,091 total)
10,235 N/A
11,766 N/A
15,367 1,622
16,973
1,747
18.3
24.03
2" pipe
overflow weir set @24.03 FMSL
N/A
18.6
N/A Beach Sand
N/A 2.75 gal/hour/sq.ft.
2.4 days 3.5 hours
3
State Stormwater Management Systems
Permit No. SW8 961234
H. SCHEDULE OF COMPLIANCE
l . The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's
intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
4. The following items will require a modification to the permit
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan
5. The Director may determine that other revisions to the project should require a modification to the permit
6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements ofthe permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
7. The permittee shall at all times follow the approved Operation and Maintenance plan to assure the permitted
stormwater system functions at optimum efficiency. Maintenance must occur at the scheduled intervals
including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f Debris removal and unclogging of trenches, outletibypass structures, orifice, catch basins and piping..
g. Access to the outletibypass structure must be available at all times.
h. Annual cleaning/testing of the infiltration trench system.
8. Records of maintenance activities must be kept and made available upon request to authorized personnel
ofDWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
9. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and,
specifications must be noted on the Certification.
13
State Stormwater Management Systems
Permit No. SW8 961234
11. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, per Section I, Part 2. A copy of the recorded deed restrictions,
including the statements below, must be received within 30 days of the date of recording:
a. "The maximum built -upon area per lot is * square feet, and includes that portion of the right-
of-way between the lot line and the edge of pavement; structures, pavement, brick, stone, gravel,
slate, coquina, and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools."
Lot 1
4,046
Lot 14
6,795
Lot 27
3,106
Lot 2
3,444
Lot 15
3,404
Lot 28
3,896
Lot 3
3,181
Lot 16
3,318
Lot 29
3,012
Lot 4
3,443
Lot 17
4,112
Lot 30
3,000
Lot 5
3,409
Lot 18
4,293
Lot 31
3,000
Lot 6
4,019
Lot 19
4,583
Lot 32 .
3,000
Lot 7
3,538
Lot 20
4,099
Lot 33
3,000
Lot 8
3,188
Lot 21
5,461
Lot 34
3,000
Lot 9
3,439
Lot 22
3,912
Lot 35
3,000
Lot 10
3,320
Lot 23
3,286
Lot 36
3,123
Lot 11
3,951
Lot 24
4,147
Lot 37
3,111
Lot 12
4,595
Lot 25
3,882
Lot 38
3,029
Lot 13
5,408
Lot 26
4,682
Lot 39
3,258
Lot 40
3,253
• The permittee shall fill in the blank as provided in the lot listing above.
b. "The covenants pertaining to stormwater
regulations
may not be. changed or deleted without
concurrence of the State."
.!
C. "Alteration
of the drainage
as shown
on the approved plan may not
take place without the
concurrence of the State."
d. "All runoff on the lot must drain into the permitted system. This may be accomplished through
providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the
system are not required to provide these measures."
12. A copy of the recorded deed restrictions must be sent to the Division within 30 days of the date of recording
13. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
14. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee for
the operation and maintenance of the facility.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may or
may not be approved.
State Stormwater Management Systems
Permit No. SW8 961234
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility. '
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
7. The permittee shall notify the DWQ of any mailing address changes within 30 days of the change.
Permit issued this the 21st day of January, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 961234
State Stormwater Management Systems
Permit No. SW8 961234
Kure Dunes Phase IV
Stormwater Permit No. SW8 961234 Modification
New Hanover County
Designer's Certification
h as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
ect)
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.
Required Items to be checked for this certification to be considered complete are on page 2 of this form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
cc: NCDENR DWQ Regional Office
Tony Roberts, New Hanover County Building Inspector
Bill Hanna, Kure Beach Building Inspector
State Stormwater Management Systems
Permit No. SW8 961234
PE Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspector.
Bill Hanna, Kure Beach Building Inspector
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Kure B35rfl ASSOC1atPS
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
.te Rffne - Goal PWWT KIM lax 1 ASSOClates
3. Mailing Address for person listed in item 2 above:
Rxt ()ffirp R-a 27
City: KI fre B9ach State: Zip: 2BO9
Telephone Number: ( 910 1 458-4A
4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Kure D11ES'Rme IV
5. Location of Project (street address):
Kure Q rles Lane Off of LS 421 at Kure Baddl .
City: K11rp BNrtl County: U3g HipAr
6. Directions to project (from nearest major intersection):
± 1/2 rVe m-th of Old Rw R33d"LS 421
7. Latitude:_340 00' 15" Longitude: T%° 54' of project
S. Contact person who can answer questions about the project:
Joe Fb5IM
II. PERMIT INFORMATION:
I. Specify whether project is (check one):
Telephone Number: (910
New
Renewal
X Modification
Form SWU-101 Version 3.99 Page 1 of 4
2. If this application is being submitted as the result of a renewal or modification to an existing pe )2g ,t list the - -.
existing permit number M 961234 and its issue date (if known) Ut tN/Y�
3. Specify the type of project (check one):
_Low Density X High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major X Sedimentation/Erosion Control 404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
owm atf r will be treAed with tre use of a tiet and sized to aclim a 99/. rEL ticn in
total sum solids and an infiltratim sysm sized to h3rdle tale first 1 inch ruuff.
2. Stormwater runoff froiA this project drains to the
3. Total Project Area: 8.75 acres
5. How many drainage areas does the project have? 2
M- e.
River basin.
4. Project Built Upon Area: 53.7 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
POrJd
lBasuiIiformahon
u ' Dra Wage Areal
l Fo3P
DrainageFuea 2*�
Receiving Stream Name
Receiving Stream Class
Drainage Area
rr.0,851
Existing Impervious* Area
Pro osed Im ervious*Area
4 26 ac
0.449 ac
% Impervious" Area (total)
53.8 aC
52.8 L
uwa<a ra a! Drarna e �1rea1 Drauia e Area 2
On -site Buildings 15,516
On -site Streets 39 127 Sf
On -site Parking
On -site Sidewalks
Other on -site (R7ol Site)
Off -site
Total: im 698 sf_ ac Total: 19,563 Sf = 0.449 dC
" Impervious area is defined as the built upon area including, but not limited to, buildings, roaas, parKzng areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4
7." How was the off -site impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
I. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number _560Y 96n/234 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools. _�[ See 2{ {2ch 1 'Sh; y
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1.
Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): W.K. D1CkSC11 & 00. Inc.
Mailing Address: 909
City: W1lr[lirgtCn State: Zip: 2 1
Phone: ( 910 ) 762-42DO Fax: L 910 ) 762- 01
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) .be Rl M G3121 ] Pd= •
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC2H.1000. a,�(�
Signature: Date:
Form SWU-101 Version 3.99 Page 4 of 4
W DICKSON
Engipeers • PIgnners • Surveyors
Lanaxape Arzlrilerts
December 28, 1999
Ms. Linda Lewis
N.C. Department of Environment
and Natural Resources
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Kure Dunes, Phase IV
New Hanover County
WKD Project No. W9611.80
Permit No. SW8 961234
Dear Ms. Lewis:
D E C E I V E
DEC 3 01999
PROJ tt
D E M
This letter is in response to your letter dated November 30, 1999. In response
to the questions regarding lots 25 and 26, the plan submitted to you on July
30, 1999 shows the correct and recorded lot configuration. The BUA limits for
lot 25 and 26, as well as the other lots did not change and are the same as
recorded at the county courthouse.
Included with this letter is the page two of four with the applicant's initials as
requested. If you need additional information please call.
Very truly yours,
WK DICKSON & CO., INC.
Paul R. Shivers, E.I.
Encl.: As noted above.
cc: Joe Hearne, Kure Beach Association
909 Market Street 910.762.4200 Atlanta, GA Hickory, NC
Wilmington, North Carolina Fax 910.762.4201 Asheville, NC Raleigh, NC
28401 www.wkdickson con Charlotte, NC Columbia, SC
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
November 30, 1999
Mr. Joe Hearne, General Partner
Kure Beach Associates
PO Box 22
Kure Beach, NC 28449
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 961234 Modification
Kure Dunes Phase IV
New Hanover County
Dear Mr. Hearne:
The Wilmington RegionalOffice received a Stormwater Management Permit Application for Kure
Dunes Phase IV on October 26, 1999. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
The Final Map of Kure Dunes Phase IV submitted on July 30, 1999, shows Lot 26 on the
southwest corner of Kure Dunes Lane and Anchor Way, with Lot 25 adjacent it. The plans
submitted on October 26, 1999, for the modification show Lot 25 on the comer and Lot 26
adjacent it. Since each has different BUA limits, it needs to be clear which lot is number 25 and
which is number 26.
Please initial blank #m on the supplement. You are indicating that a pump will be used to drain
the basin for maintenance and emergencies.
3. Section IV on page 3 of 4 of the application has not been completed. Please provide a list of
each lot's maximum built -upon area, if different from the restrictions already recorded. If the
proposed lot BUA's under this modification are intended to be the same as those already
recorded, please indicate so in writing.
127 Cardinal Dr. Ext., Wilmington, North Carolina 25405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10°/ post -consumer paper
Mr. Hearne
November 30, 1999
Stormwater Project No. SW8 961234 Modification
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to December 30, 1999,. or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. If you have any questions
concerning this matter please feel free to call me at (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\961234.NOV
cc: Linda Lewis
Margaret Gray
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
ftWK
13ICKSON
Engitreers • PI nners •Surveyors
In 2,ape ArrP,itec ,
October 21, 1999
Ms. Linda Lewis
N.C. Department of Environment
and Natural Resources
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Kure Dunes, Phase IV
New Hanover County
WKD Project No. W9611.80
Permit No. SW8 961234
Dear Ms. Lewis:
D E C E I V E
OCT 2-6 1999 D
1((CA 'noi
001
This letter is in response to your letter dated August 12, 1999. 1 have gone
back through the calculations and have modified them to increase the
imperviousness for Lot 14. 1 have also made several other small changes in
the calculations and the plans. The imperviousness for Lots 25 and 27 has
been adjusted in the calculations. In the previous submittal, the
imperviousness allowed for each of these lots was based on the amount
allowed under the Phase III permit which was 4,500 sf per lot. Since these two
lots were never recorded, we ended up placing them under the Phase IV
criteria of 60% imperviousness allowed per lot. This has actually lowered the
amount of impervious area draining to the pond.
Since there is some extra impervious area to use, we have proposed to place
additional impervious area on the recreational lot next to the clubhouse that is
1,925 sf. We have proposed to place a basketball court there. This amount
has been added to the recreational area imperviousness numbers. The
provided calculations have been modified to reflect all of the changes on the
plans and in the recorded amounts of impervious area allowed for each of the
lots.
909 Market Street 910.762.4200
Wilmington. North Carolina Fax 910.762.4201
28401 www.wkdickson.com
Atlanta. CA Hickory, NC
Asheville, NC Raleigh, NC
Charlotte. NC Columbia. SC
The following is provided:
- original completed stormwater application (modified) for the referenced
project and one additional copy
- two (2) copies of the revised Calculations
r - check in the amount of $420.00
- two (2) copies of the following plan sheet:
C-1 Drainage Plan, dated 12/23/97, revised 10/20/98
If you need additional information please call.
Very truly yours,
WK DICKSON & CO., INC.
Mark N. Hargrove, P.E.
Encl.: As noted above.
cc: Joe Hearne, Kure Beach Association
STORMWATER CALCULATIONS
FOR
KURE DUNES PHASE IV
KURE BEACH, NORTH CAROLINA
E C E I V E D
OCT 2 6 1999
D E M
PROD#
ENGINEERS
WK DICKSON
909 MARKET STREET
WILMINGTON, N.C. 28401
(910)762-4200
February 19, 1998
(Revised 10/20/99)
/ b/1olf7
WK DICKSON
Engineering
Land Planning
Surveying
KURE DUNES PHASE IV
TOTAL AREA DRAINING TO POND:
= 345,458 SF
= 7.93 ACRES
TOTAL PROPOSED IMPERVIOUS SURFACE
AREA DRAINING TO POND:
ROADS = 39,127 SF
33 1 /2 LOTS (LOTS 3 — 37, & % OF LOT 38) = 126,238 SF
RECREATION AREA (POOL & CLUBHOUSE) = 13,345 SF
(LOT 25 & LOT 27) = 6,988 SF
909 Market Street
Wilmington, NC 23401
(9 10) 762-4200
= 185,698 SF = 4.26 ACRES
PERCENT IMPERVIOUS DRAINAGE AREA FOR POND:
= 185,698 SF / 345,458 SF
— 53.8 `Yo
REQUIRED STORAGE FOR 1-INCH OF RUNOFF FOR POND: (use Schueler Method)
= 0.05 + 0.009 (I)
= 0.05 + 0.009(53.8) = 0.534
= (1")(0.534)(1/12)(7.93)(43,560)
=15,372 CF (17,141 CF PROVIDED)
REQUIRED STORAGE FOR FOREBAY: 20% OF FIRST 1-INCH RUNOFF
= (0.2)(15,372)
= 3,074 CF (3,392 CF PROVIDED)
POND DEPTH SA/DA %
(FT)
6.0 3.00
POND SURFACE AREA (MIN.)
(SF)
IF POND DEPTH = 6.0 FT, MINIMUM SURFACE AREA = 10,364 SF
USED 90% TSS CHART TO SIZE POND
AREA @ ELEVATION 17.00 = 11,766 SF > 10,364 SF
10,364
REVISED 10/20/99
PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80
PREPARED BY: itlN/J DATE: zv CHECKED BY: DATE: PAGE NO OF
WK DICKSON
Engineering
Land Planning
Surveying
909 Market Street
Wilmington, NC 28401
(910)762-4200
NORMAL
OOL
5
5
3041
19
1 .
75
1 79527
0
1 .00
1
1 9
" RUFF
1 46
4 12
7T
T8 3
STAGE
1
385
236
14.50
6
10
7
5
1343
—509
0
11
1852
54
�
50
2506
BE-RWE E
TT
339
REVISED 10/20/99
PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80
PREPARED BY: A)Vff DATE: CHECKED BY: DATE: PAGE NO OF
WK DICKSON
Engineering
Land Planning
Surveying
909 Market Street
Wilmington, NC 28401
(910)762-4200
POND RELEASE I [ME FOR CONTROL PIPE:
F. STOR
OL-RECEASED
UTFLOW RATE
RELEASE TINT
—ELE
R)
S
RD
I
I
117,141
4, 12
0.120
1 T
1 , 9
3,402
0.105
1 .75
5 7
T 50
6,233
7. 5
3,0
0
-
OTAC
.
7,YS
N
N7O-I ER�Ivt INE OUTFLOW RAT
= g 1
REVISED 10/20/99
PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80
PREPARED BY: 17))VY DATE: N L i CHECKED BY: DATE: PAGE NO OF
WK DICKSON
Engineering
Land Planning
Surveying
RECHARGETRENCH
STA + 8+10, KURE DUNES LANE
DRAINAGE AREA = 37,054 SF = 0.851 AC
909 Market Street
Wilmington, NC 28401
(910)762-4200
TOTAL PROPOSED IMPERVIOUS SURFACE AREA DRAINING TO INFILTRATION TRENCH
ROADS = 4,047 SF
(LOT 1, 2,'/z 38, 39, 40) = 15,516 SF
(LOTS TOTAL 25,765 SF)
= 19,563 SF
% IMP = (19,563/37,054) = 52.8%
REQUIRED STORAGE FOR I -INCH OF RUNOFF FOR DRAINAGE AREA : (use Schueler Method)
= 0.05 + 0.009 (I)
= 0.05 + 0.009(52.8) = 0.525
= (1")(0.525)(1/12)(.851)(43,560)
= 1,621CF
USE 3.00'x 10.0' RECHARGE TRENCH W/ 2 - 12" PERFORATED PIPES
STORAGE VOLUME PER FOOT = PI(DA2)/4 = (PI)(1)/4 = 0.79 SF x 2 = 1.58 CF/LF
STONE VOLUME = (3.00 x 10.0)- 1.58 = 28.42 CF/LF
STORAGE = (28.42 SF x 0.4(VOIDS)) + 1.58 SF = 12.95 CF/FT
L = STORAGE/(12.95 CF/FT)
L = 1,621 CF/12.95 CF/FT = 125 LF NEEDED --( SEE PLANS SHEET C-2)
NOTE: 125 LF OF TWIN 12" PERFORATED PIPES IN A 10' WIDE TRENCH IS PROVIDED
CHECK INFILTRATION RATE:
INFILTRATE WITHIN 5 DAYS
1,621/(5 DAYS)(24 HRS) = 13.5 CF/HR OR 101 GAL/HR
FROM SOILS REPORT, MINIMUM INFILTRATION RATE WAS 5.5 GAL/HR. USE FACTOR OF
SAFETY OF 2 = 2.75 GAL/HR/SF AS SYSTEM RATE
AVAILABLE RATE = 10' x 125' x 2.75 GAL/HR/SF = 3,438 GAL/HR
THEREFORE, SYSTEM RATE EXCEEDS REQUIRED EXFILTRATION
REVISED 10/20/99
PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80
PREPARED BY: ^/OhL DATE: i zl' CHECKED BY: DATE: PAGE NO OF
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
Mr. Joe Hearne, General Partner
Kure Beach Association
PO Box 22
Kure Beach, NC 28449
Dear Mr. Heame:
�Z.1 WA
le
NCDENR
NC Cg OLMA DEPARTMEM OF
ENVIRONMENT A.D NArURP RESOURCES
August 12, 1999
Subject: Lot 14 Deed Restriction
Kure Dunes Phase IV
Stormwater Project No. SW8 961234
New Hanover County
The Wilmington Regional Office received a copy of the recorded deed restrictions for Kure Dunes
Phase IV on July 12, 1999, and requested additional information due to the fact that 40 lots were recorded with
restrictions rather than the 38 that were permitted as apart ofthe actual project. Your engineer, Mark Hargrove,
P.E., with WK Dickson, submitted a new map and explained that the 2 additional lots were ones that were
previously accounted for in Phase III, but were included with Phase IV due to -the grading. Now that I am able
to correlate between the permitted lot numbers and the lot numbers as recorded, it appears that Lot 14 has been
assigned a built -upon area of 6,795 square feet, which is about 1,200 square feet more than the permit allowed.
Other minor changes that balanced out were also made, but there was no corresponding reduction of 1,200
square feet in another lot or area that I could see.
Mr. Hargrove's letter indicates that since the total built -upon area in the project is significantly lower
than what was permitted, I should just leave it alone, however, I am unable to do this without a complete
permit modification to supportthe claim. Section I Part 7 requires a modification to the permit for any revision
to the approved plans, and for a redesign or addition to the approved amount of BUA. In order to allow Lot
14 to remain at 6,795 square feet, please submit a permit modification which indicates where the BUA changes
have occurred. If you do not wish to pursue a modification, please record an amendment to Lot 14 which limits
it to the permitted 5,594 square feet.
The requested information should be submitted by September 12, 1999, or the project will be found
in violation.of the Stormwater Management Permit and subject to enforcement action. If you have any
questions, please do not hesitate to call me at (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\961234.AUG
cc: Linda Lewis
Mark Hargrove, P.E.
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
WK
DICKSON
Engin�eers • Plgnners • Surveyors
Landscape Architects
July 28, 1999
Ms. Linda Lewis
N.C. Department of Environment,
Health, and Natural Resources
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Kure Dunes, Phase IV
New Hanover County
WKD Project No. W9611.80
Permit No. SW8 961234
Dear Ms. Lewis:
TJ - T:,:1VED
JUL 3 0 1999
BY: --
Per your request, I have attached two (2) copies of the final layout of the Kure
Dunes Phase IV project that shows 40 lots. Lot No. 25 & 27 were originally in
Phase III B, but since these two lots could not be served by sewer in that
phase, Kure Beach Associates decided to wait and record these two lots in
Phase IV. The high point in the road on Anchor Way resulted in the runoff from
these two lots to drain to the Phase IV pond. The drainage calculations for
Phase IV accounted for runoff from these two lots. The summation of
impervious areas permitted for all of the lots, the roads, and pool/clubhouse
totaled 207,325 sf. The summation of the impervious areas in the deed
restrictions, the impervious area allowed for the roads and pool/clubhouse only
totaled 199,288 sf. Therefore, we have less impervious area than was
permitted for.
If you need additional information please call.
Very truly yours,
WK DICKSON & CO., INC.
x"
�, /f�4�
Mark N. Hargrove, P.E.
Encl.: As noted above. .
cc: Joe Hearne, Kure Beach Association
909 Market Street 910.762.4200 Allaua, CA Hickory, NC
Wilmington, North Carolina Fax 910.762.4201 Asheville, NC Raleigh, NC
28401 www.4clickson.com Charlotte, NC- Columbia, SC
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
July 26, 1999
Mr. Joe Hearne, General Partner
Kure Beach Associates
PO Box 22
Kure Beach, NC 28449
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: Deed Restrictions for
Kure Dunes Phase IV
Stormwater Project No. SW8 961234
New Hanover County
Dear Mr. Heame:
The Wilmington Regional Office received your request to transfer -the maintenance responsibilities for
the detention pond and infiltration trench system for the subject project to the newly formed Homeowner's
Association. A policy regarding the transfer of maintenance has been formulated and approved by the Attorney
General's Office. That policy requires that the following items be addressed prior to transfer:
1. To ensure that the residents are not financially saddled With a system that is not in compliance
with the permit, the person who signs as the new permittee in the name of the HOA, must be
a resident of the subdivsion, not associated with the developer or the company in any way.
2. At least 50% of the lots must be sold to or occupied by persons or entities not associated with
the developer or the company in any way.
3. The stormwater controls must be inspected and determined to be in compliance with the current
permit. If deficiencies are found, the permittee must restore the system to design condition.
4. The new permittee must sign an Operation and Maintenance plan.
5. The deed restrictions for subdivisions and outparcels must be recorded, and the Division must
have a copy on file.
6. The designer's certification must be on file with the Division.
The HOA must be financially able to take on the maintenance responsibility.
A copy of the written maintenance records must be provided, as required by the permit.
In reviewing the information submitted, I'find the following deficiencies:
You have signed the transfer request as both the current permittee and the new applicant. Please
have a resident of the subdivision as the duly elected or appointed president, not affiliated with
you or your company in any way, sign the transfer of ownership request. Please provide the new
applicant's street address.
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. Hearne
Stormwater Project No. SW8 961234
July 26,. 1999
2. There is no indication of the number of lots sold. Please provide the number of lots sold, and
who they were sold to.
The permit issued to you in July 1998, was for a 38 lot subdivision and a pool/clubhouse area.
The recorded restrictions you sent in provide restrictions on the built -upon area for 40 lots, but
do not address the pool/clubhouse. You have not revised the permit to reflect the 2 additional
lots.
4. The written maintenance records have not been provided.
5. The maintenance plans for the pond and infiltration systems have not been signed in the name
of the HOA. Please have a resident of the subdivision, as the duly elected or appointed
president, sign the maintenance plans.
Please provide a revised permit application, $420.00 application fee, revised calculations, and 2 sets
of revised plans. If application is made in the name of the HOA and you sign it, it will not be accepted, for the
reasons cited above. Application may be made in the name of the current permittee, Kure Beach Associates,
or in the name of the HOA if a current resident, as president of the HOA , signs. Please submit the revised
application by August 26, 1999, or you will be considered in violation of your permit, and subject to
enforcement action, pursuant to NCGS 143-215.6A.
If you have any questions, please do not hesitate to call me at (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\961234.JUL
cc: Linda Lewis
Mark Hargrove, P.E.
Central Files
KURE DUNES HOMEOWNERS ASSOCIATION, INC.
Post Office Box 22
Kure Beach, N.C. 28449
July 7, 1999
North Carolina Department of Environment and Natural Resources (L
Division of Water Quality
127 Cardinal Drive Extention
Wilmington, N.C. 284405
Attn: Linda Lewis
Re: Kure Dunes Phase IV
Dear Linda:
As of June 16, 1999, Kure Beach Associates, transferred all common area's in Kure
Dunes, to the newly formed Kure Dunes Homeowners Association, Inc. These area's
included the retention pond and all private drainage area's outside the Town of Kure
Beach's roadways.
Please transfer the maintenance responsible from Joe Hearne, General Partner, Kure
Beach Associates to The Kure Dunes Homeowners Association, Inc.
Enclosed is the completed application.
Sincerely,
Joe Hearne
President
enclosures:
E-mail address: JHEARNE42]@AOL.COM.
.:!.'�„�.'�,
LY / JUL 12 1999 3ooK rnct
'V �r99_APR_1.9_Af�-1 31 �' S 5 9 0 2
RECORDED k Y)jjQ OF INCORPORATION
99 0$7 5091 '+aRYs
FILED
J' 0�9�'`*t`
MAR 01 1� 999.
RE;ISTER OF DEEDS
0 OF EFFECTIVE
- ELAINE F RS �
SECRETARY OF STATE
KURE DUNES HOMEOWNERS' ASSOCIATION, INC. NORTHUROLINA
A NON-PROFIT CORPORATION
In compliance with the requirements of Chapter 55A of the General Statutes of
North Carolina, the undersigned resident of New Hanover County, North Carolina, who
is of full age, does hereby make and acknowledge these Articles of Incorporation for
the purpose of forming a corporation not for profit and does hereby certify:
ARTICLE I.
Corporate Name. The name of the Corporation is KURE DUNES
HOMEOWNERS' ASSOCIATION, Inc. hereinafter called the Corporation or the
Association.
v 0 9 0 9 7 ARTICLE II.
Duration. The period of duration of the Corporation shall be perpetual.
ARTICLE III.
Registered Office and Agent. The principal and initial registered office of the
Corporation is located at 637 Fort Fisher Blvd.. North. New Hanover County, Kure
Beach, North Carolina 28449; and the name of the initial registered agent of the
Corporation at such address is Joseph C. Hearne.
ARTICLE IV.
Corporate Purposes. This Corporation does not contemplate pecuniary gain or
profit to the Members thereof, and the specific purposes for which it is formed are to
provide for the maintenance, management, preservation and architectural control of
that certain property known as KURE DUNES shown and described on the plats thereof
recorded in plat book 29 at page 126; plat book 32 at page 263; plat book 35 at page
160; plat book 37 at page 175; and plat book 38 at page 261 in the Office of the
Register of Deeds of New Hanover County, North Carolina, and any additions thereto
which may be brought within the jurisdiction of the Corporation; and to promote the
health, safety and welfare of the Lot Owners, and for these purposes:
(A) To exercise all of the powers and privileges and to perform all of the duties
and obligations of the Corporation set forth in that certain Declaration of Covenants,
Conditions and Restrictions for KURE DUNES (the "Declaration"), which are recorded
Retumed To
J
DVVh I"
?559 0238
in book 1451 at page 0511; book 1499 at page 0524; book 1614 at page 0816; book
1631 at page 1100; book 1635 at page 0182; book 1972 at page 0220; book 2253 at
page 0332 and book_ at page _ in the Office of the Register of Deeds of New
Hanover County, North Carolina, and as the same may be amended from time to time
as therein provided, said Declaration being incorporated herein as if set forth at length
(all capitalized terms herein shall have the meaning defined in the Declaration);
(B) To fix, levy, collect and enforce payment by any lawful means of all
Assessments and other charges pursuant to the terms of the Declaration and ByLaws;
to pay all office and other expenses incident to the conduct of the business of the
Corporation, including all licenses, taxes or governmental charges levied or imposed
against the property of the Corporation;
(C) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise
dispose of real or personal property in connection with the affairs of the Corporation;
(D) To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all
of its real or personal property as security for money borrowed or debts incurred;
(E) To dedicate, sell or transfer all or any part of the Common Area to any
public agency, authority or utility for such purposes and subject to such conditions as
may be agreed to by the Members;
(F) To participate in mergers and consolidations with other non-profit
corporations organized for the same purposes;
(G) To annex Additional Properties to the Development as provided in the
Declaration; and
(H) To have and to exercise any and all powers, rights and privileges which a
corporation organized under the Non -Profit Corporation Law of the State of North
Carolina by law may now or hereafter have or exercise.
ARTICLE V.
Membership. Every person or entity who is a record Owner of a fee or
undivided fee interest in any Lot, including contract sellers, shall be a Member of the
Corporation. The foregoing is not intended to include persons or entities who hold an
interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot.
-2-
:Ilu
PAGE
1559
ARTICLE VI.
0239
Voting Rights. The Corporation shall have two classes of voting memberships:
Class A. Class A members shall be all Owners with the exception of the
Declarant and shall be entitled to one vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons shall be Members. The vote for
.such Lot shall be exercised as they, among themselves, determine but in no event shall
more than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Class B Member(s) shall be the Declarant (as defined in the
Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B
membership shall cease and be converted to Class A membership on the happening of
any of the following events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership
equal the total votes outstanding in the Class B membership; or
.. (b) On December 31,2005; or
(c) Upon the voluntary surrender of all Class B membership by the
holder thereof.
ARTICLE VII.
Initial Board of Directors. There shall be three (3) Directors on the initial
Board of Directors whose names and addresses are as follows and who shall serve
until their successors are selected and qualified:
Joseph C. Hearne
John B. Harris, Jr.
Britt Smith
411 Bradley Creek Point Rd.
Wilmington, NC 28403
3343 Ridge Crest Court
Raleigh, NC 27607
637 Fort Fisher Blvd., North
Kure Beach, NC 28449
-3-
BOOK PAGE
?559 0240
ARTICLE Vill.
Incorporator. The name and address of the incorporator of this Corporation is:
W. Talmage Jones
P.O. Drawer 2178
Wilmington, NC 28402
ARTICLE IX.
Dissolution of the Association. In the event of dissolution of the Association,
the residual assets of the Association will be dedicated to a public body or conveyed to
one or more organ►iations with purposes similar to those of the Association which are
exempt as organizations described In Section 501(c)(3) of the Internal Revenue Code
of 1986.
ARTICLE X.
Amendment. These Articles of Incorporation may be amended only upon the
vote of not less than two-thirds (213) of the members of each class.
ARTICLE XI.
HUDNA Approval. If HUD or VA has approved the making, insuring or
guaranteeing of loans within the Development, then annexation of Additional Property,
mergers and consolidations, mortgaging of Common Areas, dissolution of the
Association and Amendment of these Articles or the Corporation's Bylaws requires the
prior approval of HUDNA so long as there is Class B members.
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the
laws of the State'of.North Carolina, I; the undersigned, being the Incorporator of this
Corporation;,have,.executed these Articles of Incorporation this the 94T= day of
W. Talmag Jone
INCORPORATOR
-4-
BOOK
559
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PAGE
0241
This to c rtify that on thisci`l day of fL10L , 1999, before me,
'
cJ '�✓9 a Notary Public, personal appeared W. Talmage
Jones whb, I am satisfied is the person named in and who executed the foregoing
Articles of Incorporation, and I having first made known to him the contents thereof, he
did acknowledge that he signed and delivered the same as his voluntary act and deed
,for the uses and purposes therein expressed.
IN TESTIMONYrHEREOF, I have hereunto set my hand and affixed my
notarial seal, this the-Pq day of ebF0 t 1999.
'8. Ah
Notary Public
My commission expires: *`
(SEAL) : i IAOTgq` °Z
sic AUuLIC
TAAMY1MyMIMUMM%XUMDunec_AilMosollttcorp.wpd
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Certfcate(s) of
Notary (Notaries) Public is/ are certified
to to be correct,
.s /day of�t9�/
ate Oot; gIs r of Deeds
by
D Puty/rtSs}Statrt—t� m sa
-5-
'99 APR 19 API 1131
500K PACE
RECORDED & VERIFIED ? 5 j 0 2 9 2
!?t.RY SUE COTS BYLAWS OF
iECISTER OF CEEDS
IKURE'00NE79140MEOWNERS' ASSOCIATION, INC.
ARTICLE 1. INTRODUCTION
These are the Bylaws of KURE
DUNES Homeowners' Association, Inc.
Capitalized terms used herein shall have
the meaning set out in the Declaration of
Covenants, Conditions and Restrictions
for KURE DUNES ALL PHASES (the
"Declaration") unless otherwise defined in
these Bylaws.
ARTICLE 2. BOARD OF DIRECTORS
Section 2.1. Number and
Qualification: Developer Control.
a. The administration of the
Property and the Association shall be
governed by a Board of Directors,
consisting of not less than three nor more
than seven persons, each of whom shall
be Members of the Association. if any
Lot is owned by a partnership or
corporation, any officer, partner or
employee of that Lot Owner shall be
eligible to serve as a Director and shall
be deemed to be a Lot Owner for the
purposes of the preceding sentence.
Directors shall be elected by the Lot
Owners. At any meeting at which
Directors are to be elected, the Lot
Owners may, by resolution, adopt specific
procedures for conducting the elections,
not inconsistent with these Bylaws.
b. After termination of the
Developer control period provided for in
the Declaration, the terms of at least one-
third (1/3) of the Directors not appointed
by the Declarant shall expire annually, as
established in a resolution of the Lot
Owners setting terms.
c. At any time after Lot Owners,
other than the Declarant, are entitled to
elect a Director, the Association shall call
and give not less than ten (10) nor more
than fifty (50) days' notice of a meeting of
the Lot Owners for this purpose. Such
meeting may be called and the notice
given by any Lot Owner if the Association
fails to do so.
Section 2.2. Powers and Duties.
The Board of Directors may act in all
instances on behalf of the Association,
except as provided in the Declaration, its
charter, these Bylaws or the laws of North
Carolina. The Board of Directors shall
have the powers and duties necessary for
the administration of the affairs of the
Association in accordance with its
Charter, the Declaration and these
Bylaws, which shall include, but not be
limited to, the powers and duties to:
a. Adopt, amend and enforce
Bylaws and Rules and Regulations;
b. Adopt and amend budgets for
revenues, expenditures and reserves;
C. Establish and collect
Assessments from Lot Owners and
Returned To
"Jrg��e C—H4(_60,
v1
perform all other acts and duties to be
performed by the Association under the
terms of the Declaration;
d. Hire and discharge managing
agents, employees and independent
contractors;
e. Institute, defend or intervene in
litigation or administrative proceedings or
seek injunctive relief for violations of the
Declaration, Bylaws or Rules and
Regulations in the Association's name on
behalf of the Association or two or more
Lot Owners on matters affecting the
Property;
f. Make contracts and incur
liabilities, including borrowing money;
g. Maintain, operate, repair,
replace, improve and protect the
Common Areas and any Limited Common
Areas which are made the responsibility
of the Association by the Declaration.
h. Acquire, hold, encumber and
convey in the Association's name any
right, title or interest to real estate or
personal property (the Declaration may
require that the conveyance or
encumbrance of Common Area be
approved by the Lot Owners);
i. Impose a reasonable charge for
late payment of Assessments and, after
Notice and Hearing, levy a reasonable
fine for a violation of the Declaration,
Bylaws or Rules and Regulations of the
Association;
j. Provide for the indemnification
of the Association's officers and Board of
2—
BOOK PAGE
Dire&?s Sand marhtairt Directors and
officers' liability insurance;
k. Assign the Association's right to
future income, including the right to
receive Assessments;
I. Purchase hazard and liability
insurance;
m. Exercise any other power that
may be exercised in the state by a legal
entity of the same type as the
Association;
n. Exercise any other power
necessary and proper for the
convenience and operation of the
Association; and
o. By resolution, establish
committees of Directors, permanent and
standing, to perform any of the above
functions under specifically delegated
administrative standards, as designated
in the resolution establishing the
committee. All committees must maintain
and provide to the Board of Directors and
Lot Owners records and written notice of
their actions. Actions taken by a
committee may be appealed to the Board
of Directors by a Lot Owner within forty-
five (45) days of publication of such
notice, and such committee action must
be ratified, modified or rejected by the
Board of Directors at its next regular
meeting.
Section 2.3. Standard of Care. In
the performance of their duties, the
officers and members of the Board of
Directors shall be deemed to stand in a
fiduciary relationship to the Association
BOOK PAGE
and the Lot Owners and shall discharge
their duties in good faith, and with that
diligence and care which ordinarily
prudent men would exercise under similar
circumstances in like positions.
Section 2.4. Removal of Directors.
The Lot Owners, by a two-thirds (2/3rds)
vote of all persons present and entitled to
vote at any meeting of the Lot Owners at
Which a quorum is present, may remove
any Directorof the Board of Directorswith
or without cause.
Section 2.5, Vacancies.
Vacancies in the Board of Directors
caused by any reason other than the
removal of a Director by a vote of the Lot
Owners, may be filled at a special
meeting of the Board of Directors held for
that purpose at any time after the
occurrence of any such vacancy, even
though the Directors present at such
meeting may constitute less than a
quorum, in the following manner:
a. as to vacancies of Directors
whom Lot Owners other than the
Declarant elected, by a majority of the
remaining such Directors constituting the
Board of Directors;
b. as to vacancies of Directors
whom the Declarant has the right to
appoint, by the Declarant.
Section 2.6. Regular Meetings.
The first regular meeting of the Board of
Directors following each annual meeting
of the Lot Owners shall be held within ten
(10) days thereafter at such time and
place as shall be fixed by the Lot Owners
at the meeting at which such Board of
3—
L5SJ 02'i4
Directors shall have been elected. No
notice shall be necessary to the newly
elected Directors in order to legally
constitute such meeting, provided a
majority of the Directors shall be present.
The Board of Directors may set a
schedule of additional regular meetings
by resolution and no further notice is
necessary to constitute such regular
meetings, except such notice as may be
required by the Declaration.
Section 2.7. Special Meetings.
Special meetings of the Board of
Directors may be called by the President
or by a majority of the Directors on at
least three (3) business days' notice to
each Director. The notice shall be hand -
delivered or mailed and shall state the
time, place and purpose of the meeting.
Section 2.8. Meetings to Fix
Annual Assessments and Special
Assessments for Capital Improvements.
Meetings of Members to fix Assessments
may, upon giving of the required notice,
be held at the annual meeting or at any
special meeting of Lot Owners.
Section 2.9. Location of Meetings.
All meetings of the Board of Directors
shall be held within New Hanover County,
North Carolina.
Section 2.10. Waiver of Notice.
Any Director may waive notice of any
meetings in writing. Attendance by a
Director at any meeting of the Board of
Directors shall constitute a waiver of
notice. If all the Directors are present at
any meeting, no notice shall be required
and any business may be transacted at
such meeting.
BOOK PAGE
Section 2.11. Quorum of
Directors. At all meetings of the Board of
Directors, a majority of the Directors shall
constitute a quorum for the transaction of
business, and the votes of a majority of
the Directors present at a meeting at
which a quorum is present shall constitute
the decision of the meeting. If, at any
meeting, there shall be less than a
quorum present, a majority of those
Present may adjourn the meeting from
time to time. At any adjourned meeting at
which a quorum is present any business
which may have been transacted at the
meeting originally called may be
transacted without further notice.
Section 2.12. Compensation.
Directors shall serve without
compensation but may be reimbursed by
the Association for necessary expenses
actually incurred in connection with his or
her duties.
Section 2.13. Consent to
Association Action. If all of the Directors
or all of the committee members of a
committee established for such purposes,
as the case may be, severally or
collectively consent in writing to any
action taken or to be taken by the
Association, such action shall be a valid
Association action as though it had been
authorized at a meeting of the Board of
Directors or the committee, as the case
may be. The Secretary shall file such
consents with the minutes of the meetings
of the Board of Directors.
ARTICLE 3. LOT OWNERS
4—
'559 0 2 ' 5
Section 3.1. Annual Meeting.
Annual meetings of Lot Owners shall be
held on the date specified in the notice of
such meeting. At such meeting, the
Directors shall be elected by ballot of the
Lot Owners. The Lot Owners may
transact other business at such meetings
as may properly come before them.
Section 3.2. Special Meetings.
Special meetings of the Lot Owners may
be called by the President, by a majority
of the members of the Board of Directors,
or by Lot Owners comprising forty percent
(40%) of the votes in the Association.
Section 3.3. Place of Meetings.
Meetings of the Lot Owners shall be held
at the Property, or may be adjourned to
such suitable place in New Hanover
County convenient to the Lot Owners as
may be designated by the Board of
Directors or the President.
Section 3.4. Notice of Meetings.
Except to the extent otherwise provided in
the Declaration, not less than ten (10) nor
more than fifty (50) days in advance of a
meeting, the Secretary or other officer
specified in the Bylaws shall cause notice
to be hand -delivered or sent prepaid by
United States mail to the mailing address
designated in writing by the Lot Owner.
No action shall be adopted at a meeting
except as stated in,the notice.
Section 3.5. Waiver of Notice.
Any Lot Owner may, at any time, waive
notice of any meeting of the Lot Owners
in writing, and such waiver shall be
deemed equivalent to the receipt of such
notice.
BOOK Fact
Section 3.6. Adiournment of
Meeting At any meeting of Lot Owners a
majority of the Lot Owners who are
present at such meeting, either in person
or by proxy, may adjourn the meeting to
another time.
Section 3.7. Order of Business.
The order of business at all meetings of
the Lot Owners shall be as follows:
a. Roll call;
b. Proof of notice of meeting;
C. Reading of minutes of
preceding meeting;
d. Reports;
e. Establish number and term of
members of the Board of Directors (if
required and noticed);
f. Election of Directors (when
required);
g. Ratification of budget (if
required and noticed);
h. Unfinished business; and
i. New business.
Section 3.8. Voting.
a. If only one of several Owners of
a Lot is present at a meeting of the
Association, the Owner present is entitled
to cast the vote allocated to the Lot. If
more than one of the Owners are present,
the vote allocated to the Lot may be cast
only in accordance with the agreement of
a majority in interest of the Owners.
There is majority agreement if any one of
559 0246
the Owners cast the vote allocated to the
Lot without protest being made promptly
to the person presiding over the meeting
by another Owner of the Lot.
b. The vote allocated to a Lot may
be cast under a proxy duly executed by a
Lot Owner. If a Lot is owned by more
than one person, each Owner of the Lot
may vote or register protest to the casting
of a vote by the other Owners of the Lot
through a duly executed proxy. A Lot
Owner may revoke a proxy given under
this section only by actual notice of
revocation to the person presiding over a
meeting of the Association. A proxy is
void if it is not dated or purports to be
revocable without notice. A proxy
terminates one year after its date, unless
it specifies a shorter term.
c. The vote of a corporation or
business trust may be cast by any officer
of such corporation or business trust in
the absence of express notice of the
designation of a specific person by the
board of directors or bylaws of the owning
corporation or business trust. The vote of
a partnership may be cast by any general
partner of the owning partnership in the
absence of express notice of the
designation of a specific person by the
owning partnership. The moderator of
the meeting may require reasonable
evidence that a person voting on behalf
of a corporation, partnership or business
trust owner is qualified so to vote.
d. Votes allocated to a Lot owned
by the Association may not be cast.
Section 3.9. Quorum. Except as
otherwise provided in these Bylaws, or in
the Declaration, a majority of the Lot
Owners within the Development must be
5—
900K PAGE
present in person or by proxy at any
meeting of Lot Owners in order to
constitute a quorum at such meeting.
The required quorum at a subsequent
meeting called for lack of a quorum at the
preceding meeting shall be one-half of
the required quorum at the preceding
meeting. No such subsequent meeting
shall be held more than 60 days following
the preceding meeting.
Section 3.10. Majority Vote. The
vote of a majority of the Lot Owners
present in person or by proxy at a
meeting at which a quorum shall be
present shall be binding upon all Lot
Owners for all purposes except where a
higher percentage vote is required in the
Declaration, these Bylaws, or the
corporate laws of North Carolina.
ARTICLE 4. OFFICERS
Section 4.1. Designation. The
principal offices of the Association shall
be the President, the Vice President, the
Secretary and the Treasurer, all of whom
shall be elected by the Board of
Directors. The Board of Directors may
appoint an Assistant Treasurer and
Assistant Secretary, and such other
officers as in its judgment may be
necessary. The President and Vice
President, but no other officers, need be
Directors. Any two offices may be held by
the same person, except the offices of
President and Secretary. The office of
Vice President may be held by the
Treasurer.
Section 4.2. Election of Officers.
The officers of the Association shall be
elected annually by the Board of
Directors at the organization meeting of
2559 02`i7
each new Board of Directors and shall
hold office at the pleasure of the Board of
Directors.
Section 4.3. Removal of Officers.
Upon the affirmative vote of a majority of
the Directors, any officer may be
removed, either with or without cause,
and his or her successor may be elected
at any regular meeting of the Board of
Directors, or at any special meeting of the
Board of Directors called for that purpose.
Section 4.4. President. The
President shall be the chief executive
officer of the Association. He or she shall
preside at all meetings of the Lot Owners
and of the Board of Directors. He or she
shall have all of the general powers and
duties which are incident to the office of
President of a non-profit corporation
organized under the laws of the State of
North Carolina, including but not limited
to the power to appoint committees from
among the Lot Owners from time to time
as he or she may in his or her discretion
decide is appropriate to assist in the
conduct of the affairs of the Association.
He or she may fulfill the role of Treasurer
in the absence of the Treasurer. The
President, as attested by the Secretary,
may cause to be prepared and may
execute amendments to the Declaration
and the Bylaws on behalf of the
Association, following authorization or
approval of the particular amendment as
applicable.
Section 4.5. Secretary. The
Secretary shall keep the minutes of all
meetings of the Lot Owners and the
Board of Directors. He or she shall have
charge of such books and papers as the
Board of Directors may direct and he or
she shall, in general, perform all the
1E
BOOK PAGE
duties incident to the office of Secretary
of a non-profit corporation organized
under the laws of the State of North
Carolina. The Secretary may cause to be
prepared and may attest to execution by
the President of amendments to the
Declaration and the Bylaws on behalf of
the Association, following authorization or
approval of the particular amendment as
applicable.
Section 4.6. Treasurer. The
Treasurer shall have the responsibility for
Association funds and securities and
shall be responsible for keeping full and
accurate financial records and books of
account showing all receipts and
disbursements, and for the preparation of
all required financial data. He or she
shall be responsible for the deposit of all
monies and other valuable effects in such
depositories as may from time to time be
designated by the Board of Directors, and
he or she shall, in general, perform all the
duties incident to the office of Treasurer
of a non-profit corporation organized
under the laws of the State of North
Carolina. He or she may endorse on
behalf of the Association for collection
only, checks, notes and other obligations,
and shall deposit the same and all
monies in the name of and to the credit of
the Association in such banks as the
Board of Directors may designate. He or
she may have custody of and shall have
the power to endorse for transfer on
behalf of the Association, stock,
securities orother investment instruments
owned or controlled by the Association or
as fiduciary for others.
7—
_559 0248
Section 4.7. Agreements,
Contracts, Deeds. Checks, etc. A I I
agreements, contracts, deeds, leases,
checks and other instruments of the
Association shall be executed by the
President or Vice President of the
Association or by such other person or
persons as may be designated by the
Board of Directors.
Section 4.8. Compensation. No
officer of the Association shall receive
compensation for acting as such but may
be reimbursed by the Association for
necessary expenses actually incurred in
connection with his or her duties.
Section 4.9. Resale Certificates
and Statements of Unpaid Assessments.
The Treasurer, Assistant Treasurer, or a
manager employed by the Association,
or, in their absence, any officer having
access to the books and records of the
Association, may prepare, certify, and
execute statements of unpaid
Assessments.
The Association may charge a
reasonable fee for preparing and
statements of unpaid Assessments. The
amount of this fee and the time of
payment shall be established by
resolution of the Board. The Association
may refuse to furnish resale certificates
and statements of unpaid Assessments
until the fee is paid.
ARTICLE 5. ENFORCEMENT
Section 5.1. Abatement and
enioining of Violations by Lot Owners.
The violation of any of the Rules and
Regulations adopted by the Board of
Directors, or the breach of any provision
of the Declaration shall give the Board of
Directors the right, after Notice and
Hearing, except in case of an emergency,
in addition to any other rights set forth in
these Bylaws:
a. to enter the Lot in which, or as
to which, such violation or breach exists
and to summarily abate and remove, at
the expense of the defaulting Lot Owner,
any structure, thing or condition (except
for additions or alterations of a permanent
nature that may exist therein) that is
existing and creating a danger to the
residents of Kure Dunes contrary to the
intent and meaning of the provisions of
the Declaration, and the Board of
Directors .shall not thereby be deemed
liable for any manner of trespass; or
b. to enjoin, abate or remedy by
appropriate legal proceedings, either at
law or in equity, the continuance of any
such breach.
Section5.2. Fine for Violation. By
resolution, following Notice and Hearing,
the Board of Directors may levy a fine of
up to $150 for violations of the
Declaration or Rules and Regulations.
ARTICLE 6. COVENANTS FOR
ASSESSMENTS
SECTION 1. Creation of the Lien
and Persona Obligation of Assessments.
Each Owner of any Lot, by
acceptance of a deed for the Owner's Lot,
M
BOOK PAGE
2559 0249
whether or not it shall be so expressed in
such deed, covenants and agrees to pay
to the Association the following
assessments (collectively the
"Assessments"):
A. Annual Assessments;
B. Special Assessments for
Capital Improvements;
C. Insurance Assessments;
D. Ad Valorem Tax Assessments;
and
E. Working Capital Assessments.
The 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
respective Lot against which the Assess-
ments are made. Each such Assessment,
together with interest, costs and
reasonable attorney's fees, shall also be
the personal obligation of the person who
was the Owner of such Lot at the time
when the Assessment fell due. The
personal obligation for delinquent
Assessments shall not pass to the
Owner's successors in title unless
expressly assumed by them.
SECTION 2. Purpose of Annual
Assessments. The Annual Assessments
levied by the Association shall be used
exclusively to promote the recreation,
health, safety and welfare of the Owners
and residents of the Property and
Additional Property and for the
improvement and maintenance of the
Common Areas and any Limited Common
Areas. The funds arising from said
assessments or charges, may be used for
any or all of the following purposes:
Operations, maintenance and
improvement of the Common Areas, and
any Limited Common Areas, including
payment of utilities; enforcing this
Declaration; paying taxes, insurance
premiums, legal and accounting fees and
governmental charges; establishing
working capital; paying dues and
assessments to any organization or
master association of which the
Association is a member; and in addition,
doing any other things necessary or
desirable in the opinion of the Association
to keep the Common Areas and Limited
Common Areas in good operating order
and repair.
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. 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
SIM
BOOK PAGE
'S59 0250
Board of Directors and the Board of
Directors shall have the authority to
require the assessments to be paid in
periodic installments. The Association
shall, upon demand, and for a reasonable
charge furnish a certificate signed by an
officer of the Association setting forth
whether the assessments on a specified
Lot have been paid.
SECTION4. Special 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
Areas and any Limited Common Areas,
including fixtures and personal property
related thereto, provided that any such
assessment shall have the assent of two-
thirds (2/3) of the Members of each class
who are voting in person or by proxy at a
meeting duly called for this purpose.
Written notice of any meeting of Owners
called for the purpose of approving
Special Assessments shall be sent to all
Members not less than ten (10) days nor
more than sixty (60) days in advance of
the meeting.
SECTION 5. Insurance
Assessments. All premiums on insurance
policies 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 may in any
assessment year levy against the Owners
equally an "Insurance Assessment", in
addition to the Annual Assessments,
which shall be in an amount sufficient to
pay the annual cost of all such
deductibles and insurance premiums not
included as a component of the Annual
Assessment. Such assessment shall not
be subject to the 5% limitation provided
for Annual Assessments.
SECTION 6. Ad Valorem Tax
Assessments. All ad valorem taxes
levied against the Common Areas, if any,
shall be a common expense, and the
Association may in any assessment year
levy against the Owners equally an "Ad
Valorem Tax Assessment", in addition to
the Annual Assessments, which shall be
in an amount sufficient to pay such ad
valorem taxes in such year not included
as a component of the Annual
Assessment. Such assessment shall not
be subject to the 5% limitation provided
for Annual Assessments.
SECTION 7. Uniform Rate of
Assessment. The Assessments must be
fixed at a uniform rate for all Lots and
may be collected on a monthly basis.
SECTION 8. Commencement of
Assessments. Assessments for each Lot
shall commence upon the date of the
establishment of this Association or the
date of acceptance by an Owner of a
deed from Declarant whichever date shall
last occur.
SECTION 9. Effect Of
Nonpayment of Assessments And
10—
BOOK PAGE
2559 0251
Remedies Of The Association. Any
Assessment or installment thereof not
paid within thirty (30) days after the due
date shall bear interest from the due date
at the highest rate allowable by law. The
Association may bring an action at law
against the Owner personally obligated to
pay the same, or foreclose the lien
against the Owner's Lot. 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. All unpaid installment
payments of Assessments shall become
immediately due and payable if an Owner
fails to pay any installment within the time
permitted.
SECTION 10. Subordination Of
The Lien To Mortgage. 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 7. INDEMNIFICATION
The Directors and officers of the
Association shall be entitled to
indemnification as provided in Chapter
55A (the Non -Profit Corporation Act) of
the North Carolina General Statutes, the
BOOK PAGE
provisions of which are incorporated
herein by reference.
ARTICLE 8. RECORDS
Section 8.1. Records. The
Association shall keep the following
records:
a. An account for each Lot which
shall designate the name and address of
each Lot Owner, the name and address
of each mortgagee who has given notice
to the Association that it holds a
mortgage on the Lot, the amount of each
Assessment, the dates on which each
Assessment comes due, the amounts
paid on the account, and the balance
due.
b. An account for each Lot Owner
showing any other fees payable by the
Lot Owner.
C. A record of any capital
expenditures approved by the Board of
Directors.
d. A record of the amount, and an
accurate account of the current balance
of any reserves for capital expenditures,
replacement and emergency repairs,
together with the amount of those
portions of reserves designated by the
Association for a specified project.
e. Balance sheets and income and
expense statements of the Association.
f. The current operating budget.
11—
'559 0252
g. A record of any unsatisfied
judgments against the Association and
the existence of any, pending suits in
which the Association is a defendant.
h. A record of insurance coverage
provided for the benefit of Lot Owners
and the Association.
i. Tax returns for state and federal
income taxation.
j. Minutes of proceedings of Lot
Owners, Directors, committees of
Directors and waivers of notice.
Section 8.2. Examination. All
records maintained by the Association
shall be available for examination and
copying by any Lot Owner, or by any
holder of a security interest in a Lot, or by
any of their duly authorized agents or
attorneys, at the expense of the person
examining the records, during normal
business hours and after reasonable
notice.
ARTICLE 9. MISCELLANEOUS
Section 9.1. Notices. All notices
shall be in writing. All notices to the
Association or the Board of Directors
shall be delivered to the office of the
manager, or if there is no manager, to the
office of the Association, or to the
residence address of any member of the
Board of Directors. Except as otherwise
provided, all notices to any Lot Owner
shall be sent to his or her address as it
appears in the records of the Association.
All notices to mortgagees shall be sent by
registered or certified mail to the 5 5 9
respective addresses, as designated by
them from time to time, in writing, to the
Association. All.notices shall be deemed
to have been given when mailed except
notices of changes of address which shall
be deemed to have been given when
received.
Section 9.2. Fiscal Year. The
Board of Directors shall establish the
fiscal year of the Association.
Section 9.3. Waiver. No
restriction, condition, obligation, or
provision contained in these Bylaws shall
be deemed to have been abrogated or
waived by reason of any failure to enforce
the same, irrespective of the number of
violations or breaches which may occur.
Section 9.4. Office. The principal
office of the Association shall be on the
Property or at such other place as the
Board of Directors may from time to time
designate.
Section 9.5. Conflict. To the
extent there is any conflict between the
provisions of the Declaration and these
Bylaws, the Declaration shall control.
Section 9.6. Amendment. So long
as there is Class B membership in the
Corporation, the amendment of these
Bylaws must be approved by HUDNA if
either of those agencies have approved
the making, insuring or guaranteeing of
loans within the Development.
12—
PAGE
0253
Section 9.7. Conflict. In the case
of any conflict between the Articles of
Incorporation and these Bylaws, the
Articles shall control; and in the case of
any conflict between the Declaration and
these Bylaws, the Declaration shall
control.
The foregoing Bylaws are certified
to be the Bylaws adopted by consent of
the Directors of KURE DUNES
Hom wners' Association, Inc., dated
1999.
KURE DUNES HOMEOWNERS'
ASSOCIATION, INC.
By:4/
Britt Smith Secretary
T.VMY rnyF,W«twnesucmewrw._eA�wpe
UNDERGROUND INFII,TRATION TRENCH MAINTENANCE REQUMMENTS
Project Name:
Phase IV, Kure Dunes
Responsible Party: KURE DUNES HOWOMERS ASSOCIATION,. INC.
(Pleare Type or pr&u clearly)
Address: P•Q• Box 22, Kure Beach, NC 28449 Phone No. 910-458-4046
1. The trenches will be constructed in accordance with the approved stormwater plans and
specifications, including traffic bearing -piping, and compacted void ratio verification.
2. Inlet catch basins and piping will be inspected monthly or after every runoff producing
rainfall event, whichever comes first. The basins, grates, piping and bypass weirs will be
cleared of accumulated trash.
3. Swales and vegetated fdters will be inspected monthly or after every runoff producing
rainfall event, whichever occurs first. Eroded areas will be repaired before the next storm
event.
4. The water level in the monitoring wells will be recorded once a month or after a 1" rainfall
event, whichever comes first. Chronic high water table elevations (within V of the bottom
of the system for a period of 3 months) must be reported to DWQ, 395-3900.
5. If the system is failing, as determined by DWQ, the system will be immediately repaired
or replaced to original design specifications. Repair may include the necessity of removing
existing pavement to reach the underlying trench. If the system cannot be repaired to
function, other stormwater control devices, as allowed by NCAC 2H.1000, must be
designed, approved and constructed.
6. Annual testing/cleaning of the system will be performed by an approved method.
t
By my signature below, I acknowledge that I am responsible for performing the maintenance as
outlined above.
KURE DUNES HO1GMRS ASSOCIATION, INC
Signature:
President
Revised M5197
Date: 6-16-99
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
AL
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Stormwater Management Permit Number: 58961234
I. Permit Holder's name: lgigE BEACH ASSOCIATES
2. Permit's signing official's name and title: JOE ffNJIE GENERA. PARTNER
(person legally responsible for permit)
CTNERAL PARTNER
(Title)
3. Mailing address
19 M.71ME
State: NC Zip Code28449 Phone: 910-458-4046 FAX 9*458-9070
(Area Code and Number) (Area Code and Number)
H. NEW OWNER/NAME INFORMATION
This request is for:
xxx a. Change in ownership of the property/company
b. Name change of project or company.
C. Other (please explain):
New owner's name (name to be put on permit): KURE DUDS HpPECAU6 ASSOCIATION INC.
New owner's signing official's name and title: pRESIDFNT KD HOA INC JOE lFMF PRESIDENT_
(Person legally responsible for permit)
Mailing address:
PRESIDENT
(Title)
City:KURE BEACH, NC
State: NC Zip Code: 28449 Phone: 910-45804046 FAX 910-458-9070
(Area Code and Number) (Area Code and Number)
K I
PERMIT NAME/OWNERSHIP CHANGE 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:
1. 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:
1, JOE HEARNE , attest that this application for a name/ownership change has been reviewed and
is accurate and complete to the best of my knowledge. 1 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 application package will be
returned as incomplete.
Signature: Date: r% -16- `!
Applicant's Certification:
IXE HEARNE, PRES, 00 INC. , attest that this application for a name/ownership change has been reviewed and
is accurate and complete to 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 incomplete.
Signatu
Date: e-A - 9197
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING fNFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extention
Wilmington, NC 28405
ATTN: Linda Lewis
BOOK PAGE
2591 0 9 G 0
,99 AN 16 Aft 8 54
Rrr"Rnu- L VERIFIED
".RY SUE DOTS
.. iFfl OF D'tEDS
Co. NC
Excise Tax —O Recording Time. Book and Page
Tax Lot No. .... ..._.__... ....._._._.......,. Parcel Identifier No. .AQp'Ilocs -Col
raoL.-0.-00'1 A,.._..
Verified by ...... __._..... County on the..... .......... day of ................ .... 19............
by. ......... .................__... .........__..... .. .....................
Mail titer recording to ..Kure Dunes Homeowners' _Association,.,.Inc................_......,.._.,.,....__,,......_................
dto ............................... 637 FortFisher Blvd... North... Kure Beach,. NC 28449. ....._.. ....
�..`.�ttte W. Talmage Jones P.O. Drawer 2178 Wilmign[on NC 28402
1 \Mla instrument was prepared by '..__ ......... ...... .. ..... ...._...
Brief description for the Index
i Common Areas — u e
NORTH CAROL]
jh
THIS DEED made this ...7. ... day of . l
GRANTOR
0 0 0 0 0 2-
A SPECIAL WARRANTY DEED
........, 19.99......., by and between
KURE BEACH ASSOCIATES, a North Carolina
General Partnership (See Certificate
filed in Book 1305 at Page 1007 and
First Astendment thereto filed in Book
13ll at Page 1816. both of the New
Hanover County Registry).
GRANTEE
KURE DUNES HOMEOWNERS' ASSOCIATION, INC.
Enter In sppropriale black ter each pals: same, adds ,sail, a aPFn,9-latx, eaareeter at entity, as grponapp ar parteandah.
The designation Grantor and Grantep a eed herein shall Include said parties, their heirs, successors, and assigns, and
shall include singular, plural, maseuFflim, feminine or neuter as required by context.
WITNESSETN, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ....Kure Beach . ..................... Township,
.. ... Hew—Hon9.ver...... ........ .... County, North Carolina and more particularly described as follows:
See attached Exhibit "A", incorporated herein as if set out in full.
n
BOOK
'591
PAGE
0961
The property hereinabove described was acquired by Grantor by instrument recorded in __Book_„ 1305„ at_„Page..1.608
and Book 1316_a t... Page_0574.. of..the.. New .Hanover —County _.Registry...........
A map showing the above described properly is recut ded in flat Hook .._... 38 page 261
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee. that Grantor has done nothing to impair such title as Grantor received, and
Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor,
except for the exceptions hereinafter staled.
Title to the property hereinabove described is subject to the following exceptions:
The provisions of all applicable zoning and land use ordinances, statutes and
regulations; 1999 ad valorem taxes; and all applicable restrictive covenants
and utility easements of record.
IN WITNESS wReaeory tie Granter a., hereunto set Me nand and real or it corporate, has caused this Instrument to be signed In m
.base name
by ua Italy a tn°rlaee oaken and m seal to he hereunto arn.ee by auhority of Its Roars or Directors, the day and year first
(C
.___________.______----------------------- _K__u__r_e___Be_a__c_h___A__s_so_c__i_a__t_e__s (SEAL) orpo[ale Hamel '�
a
z
By: ------------------------------------------------------- ���- - e_
_________' . _ ------- (SEAL)
_______.______President x _ Jot Cris, J rr..
ATTEST' U
6 By _ _____Sa_ _ __ __ - _ _ -------- __ISEAL)
___________________________________.___...._____----- W ear n n, �Pa the
W
...... „aVIe111fIH1N SecretalCorponap leB
ad`� RECV fQ'y�.__ ry.By ___ _ ______ __ _ _:_ ,tlr.C2 _______lasww
9 , Y NORTH CAROLINd, V� C Charles M. Winston, Partner
a.B O`. ♦ ____v., Q _C... is.
John B. Barris Jr
NOTARY o I.. Notary public of the eoaner .fie sate .myna q certify that __.__--------__-- -_--
H nston tners fp are Beach -_ i • � • a z._Ha..Acthslr_Saoslmaa_and._�hacJ.ea_M.NS ---- --par_------ _r_ K_____------- m.nmr,
P BIG " .......%iates a N.C. lJ�ne�.'al afar [ne��hipp for and in beha}I of said part mership
u t •-' > pseafad before I I. v k..w a sae . tfov or in. ror.ro . instrument. w too. >
re �'C•, '.....
•• m vane and official stamp or .ea, thus _ say or _171
� _______.. Is-
......... -J
ad
P M> wmm6slon ez Im: _/ Z L (l._] - i •.���(
•, •L: n.:O•r p (Gl / .. r___ .L4 L17 _ �/CY_4Y_ Notary Public
BBAL-:TAMP NORTH CAROLINA, //___ ----------------- County.
1. it Nock, Public of Ind county and Stale aforesaid, certify that __________ ,
Peoan.nY came before me let. day sad acknowledged that ..._ be Is _ Secretary If
B
a -------- ..----___-_. .. a North c.rwma corporation, one that by .whealY ew>
m p.en and is the act of MI r°rponllnn, the foregoing Instrument was signed in Its name by Ib
W ereamanL move with it. corponle seat one .ogled ey _________sue ___-________________s..rmry.
wiled.. my hand and official .tamp or seal, this ----- day of ... _--------------------- .15_____-
MY commission eiPlns: Notary. -Public
_Notary Public
The foragoing carunineo) of -- r ^-'--- -- --- - - -------------- Not8ryr4Wi4----------------------------------
w.re .erMaul to be cmleel. This Instrument and this urunule .re duty registered at the date and time and in the Rook and Page shown on the
° he's MARY SUE DOTS
NEW HANOVER
-a __ ____ _ __ _______________ aetnareR oY Deepe Poa ____________________.__ courvrr
Is_____---------- ------------- ...Deputy/A.MaY.t-Reguter of Rerd..
.N. f. bar 1a.nc. Form No o & 1977 -u.n w.,u.m. n a. i.`.. c,,. :�. •.u....,...0 c. ecru
Exhibit "A" BOOK PAGE
TRACT ONE: ' S 9 1 0 9 6 2
Being all of that tract of land labeled Detention Pond Tract as shown on Final Map Phase
IV Kure Dunes as recorded in Map Book 38 Page 261 New Hanover County Registry.
TRACT TWO:
Being all of that tract of land labeled Club House Tract as shown on Final Map Phase IV
Kure Dunes as recorded in Map Book 38 Page 261 New Hanover County Registry.
'R0CIA 66 - o6/-60cZ-0,96
TRACT THREE:
BEGINNING at a point in the eastern right of way line of U.S. Highway #421 at the
northwest corner of Tract A-1 as shown on a map of Kure Dunes, Phase 1, recorded in Map Book
29 at Page 126 of the New Hanover County Registry, runs thence South 69 deg. 30 min. 45 sec.
East 183.67 feet to a point in the northeast corner of said Tract; runs thence South 23 deg. 44
min. 30 sec. West 10 feet; runs thence North 69 deg. 30 min. 45 sec. West 184 feet, more or less,
to a point in the eastern right of way line of U.S. Highway #421; runs thence North 35 deg. 47
min. 45 sec: East with and along the eastern right of way line of U.S. Highway #421 to the point
of BEGINNING.
7Z� 9 acsa -bol .. Ili -�
T:VMY\MyFilo\d=\K cr[ Tre I,2&3.wpd
r.
- 1n
1
JI.
r(
t
••jy. f l
r
AlP'
M1
1
�
l
r
1'
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE COVENANTS)
O O O 19 �9 KURE DUNES I
THIS DECLARATION made this the day of _ � k(UCC 1999, by
KURE BEACH ASSOCIATES, a North Carolina General Partnership (see Certifi-
cate filed in Book 1305 at Page 1007 and First Amendment thereto filed in
Book 1311 at Page 1816 both of the,New Hanover County Registry) with an
address of P. O. Box 19944, Raleigh, NC 27619, hereinafter called
"Declarant";
W I T N E S S E T H
WHEREAS, Declarant is the owner of that certain real property
located in the Town of Kure Beach, New Hanover County, North Carolina, as
set forth on that certain survey map or plat entitled:
"KURE DUNES PHASE IV" hereinafter sometimes referred to as "map",
which map or plat is recorded in Map Book 38 at
Page 261 in the Office of the Register of Deeds of New Hanover
County, North Carolina, said property being more particularly de-
scribed on said map or plat.
WHEREAS, it is the desire and intention of Declarant to sell the
lots set out and described below and to impose upon those lots mutually,
beneficial restrictions, conditions, easements, covenants and agreements
under a general plan or scheme of improvements for the benefit of all
said lands and the future owners of lands in KURE DUNES SUBDIVISION ALL
PHASES;
NOW, THEREFORE, Declarant hereby declares that Lots 1 through 40,
KURE DUNES, PHASE IV, as the same are shown on Map Book 38 at Page 261 in
the Office of the Register of Deeds of New'Hanover County, North
Carolina, are held and shall be held, conveyed, hypothecated or encum-
bered, leased, rented;.used, occupied, and improved subject to the
following provisions, restrictions, conditions, easements, covenants and
agreements all of which are declared and agreed to be in furtherance of a
plan for the subdivision, improvement and sale of the said real property
and are established and agreed upon for the purpose of enhancing and
protecting the value, desirability, and attractiveness of said real
Retumed To
J
property and every part thereof,, and all of which shall run with the land
and shall be binding on all parties having or acquiring any right, title
or interest in the above named lots or any part thereof.
1. DEFINITIONS. As used in this Declaration of Restrictive
Covenants, the following terms shall mean:
(a) "Declarant" (sometimes referred to as the "Company" as used
herein shall mean KURE BEACH ASSOCIATES, its successors and assigns.
(b) "Record" or "Recording" refers to record or recording with the
Register of Deeds of New Hanover County, North Carolina.
(c) "Property" generally means the lands known as KURE DUNES, ALL
PHASES, in the Town of Kure Beach, New Hanover County, North Carolina and
described on Exhibit "A" to the Declaration for Phase I recorded in Book
1499 at Page 0524 of the New Hanover County Registry.
(d) "Residential Lots".or "Lots" means lots specifically set forth
above, to -wit: Lots 1 through 40 specifically allocated, platted,
restricted and/or recorded as lots for sale and/or use as a single family
residence.
(e) "Association" shall mean the KURE DUNES .OWNERS' ASSOCIATION,
INC., its successors and assigns.
(f) "Restrictions" shall mean the restrictions and covenants set
forth in this Declaration of Restrictive Covenants.
2. APPLICABILITY. These Restrictions shall apply to all of Lots 1
through 40 as shown on the above referred to map of KURE DUNES, PHASE IV.
3. (a) RESERVATIONS. The Company reserves the right to change,
alter or redesignate roads, utility and drainage facilities, and to
change, alter or redesignate such other present and proposed amenities or
facilities.as may, in the sole judgment of the Company, be necessary or
desirable. Provided, however, no such changes shall adversely affect any
lots already conveyed by the Declarant.
(b) VARIANCES. The Company and/or the Architectural Committee
appointed by the Company shall have power to and may allow adjustments of
the conditions and restrictions herein in order to overcome practical
difficulties and prevent unnecessary hardships in the application of the
- Page 2 -
regulations contained herein, provided, however, that such is done in
conformity with the intent and purposes hereof, and provided, also, that
in every instance such variance or adjustment will not be materially
detrimental or injurious to other property or improvements in the
neighborhood. Variances and adjustment of height, size and setback
requirements may be granted hereunder.
(c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall,
bulkheading or other structure shall be erected, placed or altered on any
residential lot, nor shall the grade or elevation or physical character-
istics including, but not limited to, slopes, dunes, and tree growth, of
any such lot, or portion thereof, be altered in any way whatsoever, until
the proposed building plans, specifications, exterior colors and finish-
es, including brick siding, etc., site and landscaping plans (showing the
proposed location, height and orientation of such buildings or structure,
drives, parking areas and proposed alterations to the grade, elevation or
physical characteristics of the site), and construction schedule shall
have been approved in writing by the Company. Refusal of approval of any
such plans, locations or specifications may be based by the Company upon
any grounds including purely aesthetic and environmental considerations,
that in the sole and uncontrolled discretion of the Company shall seem
sufficient. Without the prior written consent of the Company, no changes
or deviations in or from such plans or specifications as approved shall
be made. No alteration in the exterior appearance of any building or
structure, or in the grade, elevation, or physical characteristics of any
lot shall be made without like approval by the Company. One (1) copy of
all plans and related data shall be furnished the Company for its
records. The Company shall not be responsible for any structural or
other defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
(d) No more than the allowable built -upon area (sq.ft) of any
lot shall be covered by structures and/or paved surfaces, including
walkways or patios of brick, stone, slate or similar materials. The
allowable built -upon area for each of Lots 1 through 40 is set forth in
- Page 3 -
J
subparagraph (e) below. This covenants is intended to insure continued
compliance with stormwater runoff rules adopted by the State of North
Carolina and therefore benefits and may be enforced by the State of North
Carolina.
This covenant is to run with the land and shall be binding on all
parties and all persons under them.
(e) Allowable Built -Upon Area Reauirement.
Lot Number Allowable built -upon area (sa.ft)
1 4,046
2 3,444
3 3,181
4 3,443
5 3,409
6 4,019
7 3,538
8 3,188
9 3,439
10 3,320
11 3,951
12 4,595
13 5,408
14 6,795
15 3,404
16 3,318
17 4,112
18 4,293
19 4,583
20 4,099
21 5,461
22 3,910
23 3,286
24 4,147
25 3,882
- Page 4 -
26 4, 682 J 5 i; u 1
27 3,106
28 3,896
29 3,012
30 3,000
31 3,000
32 3,000
33 3,000
34 3,000
35 3,000
36 3,123
37 3,111
38 3,029
39 3,258
40 3,253
4. APPROVAL OF PLANS. (a) No house plans will be approved unless
the proposed house will have the minimum required square footage of
enclosed dwelling area. The term "enclosed dwelling area" as used in the
minimum size requirements shall mean the total enclosed area within a
dwelling; provided, however, that such term does not include garages,
terraces,'decks, open porches, and like areas. The minimum enclosed -
dwelling area shall be 1450 square feet.
(b) KURE DUNES BUILDING SETBACK GUIDELINE REQUIREMENTS. Since the
establishment of standard inflexible building setback lines for location
of houses on lots tends to force construction of houses both directly
behind and directly to the side of other homes with detrimental effects
on privacy, view of the Ocean, preservation of land contour, important
trees and other vegetation, ecological and related considerations,
variances for these specific setback guidelines are permitted under these
Restrictions in Paragraph 3 (b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum effect, the
Company reserves the right to control and approve absolutely the site,
- Page 5 -
n 2
location, orientation and floor elevations of any house or dwelling or
other structure upon any lot. Planting in areas outside the designated
building site is limited to grass, flowers, and shrubs having a height of
not more than 8 feet, unless approved by Declarant or Association.
(c) The exterior of all houses and other structures must be
completed within six (6) months after the construction of same shall be
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) Service rooms, garages and shower facilities may be placed
below the first living floor provided suitable screening is provided.
(e) Each lot owner shall provide receptacles for garbage, in a
screened area not generally visible from the road, or provide underground
receptacles or similar facility in accordance with reasonable standards
established by the Company.
(f) Subject to any other limitations imposed by the zoning ordinance
of the Town of Kure Beach, no structure, except as hereinafter provided,
shall be erected, altered, placed or permitted to remain on any residen-
tial lot other than a detached single family dwelling not to exceed two
and one-half (2-1/2) stories in height, unless the Company approves in
writing a structure of more than two and one-half (2-1/2)pursuant to
Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part
thereof, at any time situate on such residential lots shall be used as a
professional office or charitable or religious institution, or for ,
business or manufacturing purposes, or for any use whatsoever other than
residential and dwelling purposes as aforesaid; and no duplex residence
or apartment house shall be erected or placed on or allowed to occupy
such residential lots and no building shall be altered or converted into
a duplex residence or apartment house thereon. In addition, no residence
shall be converted to or marketed.under a time-share plan as defined by
the General Statutes of North Carolina.
(g) If the finished building or other structure does not comply
with the approved plans and specifications, the Company retains the right
- Page 6 -
0
to make the necessary changes at owner's expense, and the further right
to file under the North Carolina lien laws notice of liens for any costs
incurred.
5. RESIDENTIAL USE. (a) All of the above described lots shall be
used for residential purposes exclusively.
(b) No trailer, tent, mobile home; or other structure of a tempo-
rary character shall be placed upon any lot at any time, provided,
however, that this prohibition shall not apply to shelters used by the
contractor during the construction of the main dwelling house, it being
clearly understood that these latter temporary shelters may not, at any
time, be used as residences or permitted to remain on the lot after
completion of construction.
(c) No fuel tanks or similar storage receptacles may be exposed to
view. Any such receptacles may be installed only within a screened area,
or buried underground; provided, however, that nothing contained herein
shall prevent the Company from erecting, placing or permitting the
placing of tanks, or other apparatus, on the property for uses related to
the provision of utility or other service.
6. MAINTENANCE. (a) It shall be the responsibility of each lot
owner to prevent the development of any unclean, unsightly or unkept
conditions of buildings or grounds on such lot which shall tend to
substantially decrease the beauty of KURE DUNES PHASE IV.
(b) No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon tending to cause embarrassment,
discomfort, annoyance, or nuisance.to the neighborhood. There shall not
be maintained any plants or animals, or device or thing of any sort whose
normal activities or existence is in any way noxious, dangerous, unsight-
ly, unpleasant or of a nature as may diminish or destroy the enjoyment of
other property in the neighborhood by the owners thereof. .
7. ENTRY. The Company reserves for itself, its successors and
assigns, and its agents the right to enter upon any residential lot, such
entry to be made by personnel with tractors or other suitable devices,
for the purposes of mowing, removing, clearing, cutting or pruning
- Page 7 -
underbrush, hedges (to enforce height limitations), weeds or other
unsightly growth, or for the purpose of building or repairing any land
contour or other dune work, which in the opinion of.the Company detracts
from or is necessary to maintain the overall beauty, ecology, setting and
safety of the property. Such entrance shall not be deemed a trespass.
The Company and its agents may likewise enter upon any lot to remove any
trash which has collected without such entrance and removal being deemed
a trespass. The provisions in this Paragraph shall not be construed as
an obligation on the part of the Company to undertake any of the forego-
ing.
8. MISCELLANEOUS EASEMENTS. The Company 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 wires, cables, conduits, sewers, water
mains and other suitable equipment for the conveyance and use of elec-
tricity and telephone equipment, gas, sewer, water or public conveniences
of utilities on, in or over the front twenty (20) feet of each lot and
ten (10) feet along the side of corner lots as shown on the recorded
plat. This easement and right expressly includes 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 economic and safe
utility installation and to maintain reasonable standards of health,
safety and appearance. Such rights may be exercised by any assignee of
the Company, but this reservation shall not be considered an obligation
of the Company to provide or maintain any such utility or service.
9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines
changed except with the prior written consent of the Company. However,
the Company hereby expressly reserves to itself, its successors and
assigns, the right to replat any two (2) or more lots set forth above in
order to create a modified building lot or lots; and to take such steps
as are reasonably necessary to make such replatted lot suitable and fit
as a building site, said steps to include, but not to be limited to, the
5?5 055
relocation of easements, walkways, and rights -of -way to conform to the
new boundaries of the said replatted lots.
10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his
or her lot, each lot purchaser agrees to become a member of the Kure
Dunes Owners Association, a Homeowners Association to be formed to
maintain and administer the common areas and amenities, if any, of Kure
Dunes, all Phases, and agrees to abide by, and be subject to, the charter
and by-laws of the Association and these Restrictions including those
provisions with respect to payment of annual assessments.
11. COVENANTS RUN WITH THE LAND. All covenants, restrictions and
affirmative obligations set forth in these Restrictions shall run with
the land and shall be binding on all parties and persons claiming under
them to specifically include, but not be limited to, the successors and
assigns, if any, of the Declarant, for a period of ten (10) years from
the date hereof after which time all said covenants shall be automatical-
ly extended for successive periods of ten (10) years, unless an instru-
ment signed by a majority of the then owners of the above numbered lots
has been recorded, agreeing to change said covenants in whole or in part.
12. VIOLATIONS. In the event of a violation or breach of any of
these Restrictions by any lot owner, or agent of such owner, the Company
or owners of any other property in KURE DUNES PHASE IV, or any of them
jointly or severally shall have the right to proceed at law or equity to
compel a compliance with the terms hereof or to prevent a violation or
breach. In addition to the foregoing, the Company shall have the right,
whenever there shall have been built on any lot any structure which is in
violation of these restrictions to enter upon the lot on which said
violation exists and summarily abate or remove the same at the expense of
the owner, if thirty (30) days after written notice of such violation it
shall not have been corrected by the owner. Any such entry and abatement
for removal shall not be deemed a trespass. The failure to enforce any
right, reservations, restrictions, or condition contained in these
Restrictions, however, long continued, shall not be deemed a waiver of
the right to do so hereafter as to the same breach, or as to a breach
- Page 9 -
?525
f � • V �
0056
occurring prior or subsequent thereto and shall not bar or affect its
enforcement.
13. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor
in the recording of any plat or deed pursuant hereto, shall dedicate (or
be deemed to dedicate) to public use any of the common lands or other
grounds within KURE DUNES PHASE IV.
14. No mail box or paper box or other receptacle of any kind for
use in the delivery of mail or newspaper or magazines or similar material
shall be erected or located on any building lot unless and until the
size, location, design and type of material for said box or receptacle
shall have been approved by the Declarant.
15. Exterior radio and television aerials for reception of commer-
cial broadcasts shall not be permitted in KURE DUNES PHASE IV; and no
other aerials (for example, without limitation, amateur short wave or
ship to shore) shall be permitted in KURE DUNES PHASE IV without permis-
sion of the Declarant as to design, appearance and location.
16. During construction all vehicles involved including those
delivering supplies must enter the building lot on the driveway only as
approved by the Declarant so as not to damage unnecessarily natural
vegetation and dunes. During construction builder must procure a
dumpster for trash disposal and keep the homes, garages, and building
sites clean. All building debris, stumps, bushes, etc., must be removed
from each building lot by builder as often as necessary to keep the house
and lot attractive. Such debris will not be dumped in any area of the
Subdivision.
17. No property owner will do or permit to be done any act upon his
property which may be or is or may become a nuisance to any other
property owner or resident. There shall be no discharging of firearms,
guns or pistols, of any kind, caliber, type, or method of propulsion.
18.. No personal sign of any character shall be displayed upon any
part of the property without the Declarant's prior approval, however
under no circumstances shall a personal "for sale" sign be permitted on
any vacant lot. The Declarant, however reserves the right to display its
- Page 10 -
2
J
J
l U 5 I
"for sale" or "for rent" signs without limitation for so long as it is
involved in developing and marketing the KURE DUNES project.
19. No animals, birds, or fowl shall be kept or maintained on any
part of the property except dogs, cats and pet birds, which may be kept
thereon in reasonable numbers as pets for the pleasure and use of the
occupants but not for any commercial use of purpose.
20. Clothesline shall be located as not to be visible from the
street.
21. No trailers or habitable motor vehicles of any nature, boats or
canoes on or off trailers, may be parked on any part of the property
unless under the residence or inside an enclosed garage. These prohibi-
tions.also apply to the common easement area.
22. No individual water supply system shall be permitted except a
non -potable lawn irrigation system not connected to any building. A
shallow well may be permitted for such water supply. The pump, pressure
tank, and pump house, if any, shall be considered structures.
23. Each and every covenant and restriction contained herein shall
be considered to be an independent and separate covenant and agreement,
and in the event any one or more of said covenants or restrictions shall,
for any reason, be held to be invalid, or unenforceable, all remaining
covenants and restrictions shall nevertheless remain in full force and
effect.
24. The Declarant may include in any contract or deed hereafter
made any additional covenants and restrictions that are not inconsistent
with and which do not lower the standards of the covenants and restric-
tions set forth herein.
25. If the Declarant shall transfer or assign the development of
such Subdivision or if it shall be succeeded by another in the devel-
opment of such Subdivision, then such transferee, assignee, or successor
shall be vested with the several rights, powers, privileges, or authori-
ties given the Declarant by any part or paragraph hereof. The foregoing
provisions of this Paragraph shall be automatic, but the Declarant may
execute such instrument as it shall desire.to evidence the vesting of the
- Page 11 -
?525 ,U38
several rights, powers, privileges, and authorities in such transferee,
assignee, or successor.
26. The covenants and restrictions herein shall be deemed to be
covenants running with the land. If any person claiming under the
Declarant shall .violate or attempt to violate any of such restrictions or
covenants, it shall be lawful for the Declarant, or any person or persons
owning property in KURE DUNES ALL PHASES, and damaged by said violation:
(A) To prosecute proceedings at law for the recovery of damages against
the person or persons so violating or attempting to violate any such
covenant or restriction, or (B) to maintain a proceeding in equity
against the person or persons so violating or attempting to violate any
such covenant or restriction for the purpose of preventing such viola-
tion, provided however, that the remedies in this Paragraph contained
shall be construed as cumulative of all other remedies now or hereafter
provided by law. Without limiting the foregoing provisions of this
Paragraph, enforcement of these covenants and restrictions may be by_the
KURE DUNES PROPERTY OWNERS ASSOCIATION, INC.
27. And the said Declarant hereby covenants and agrees that every
contract of sale or deed made by the Declarant wherein is described any
of the above residential lots of said land, to -wit: Lots 1 through 40
shall include or be subject to, by reference or otherwise, to.each and
every covenant and restriction herein written, or the substance thereof,
and, subject to the reservation herein, the Declarant shall conform with
and abide by the foregoing covenants as to all of said lots.
28.. The Declarant reserves for itself, its successors and/or
assigns a 10 foot easement along the front of Lots 1 through 40 for the
purpose of installing and maintaining utilities.
- Page 12 -
525 C 59
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
signed in its name by its Partners, all on the day and year first
hereinabove written.
KURE BEACH ASSOCIATES (SEAL)
Z�
JOHN )Ey. WRIS,AJR/,
CHARLES M. WINSTON, Partner
STATE OF NORTH CAROLINA
COUNTY OF �.1j�
PERSONALLY APPEARED before me, v ' ols , a
Notary Public in and for the County of and State of
North Carolina, JOHN B. HARRIS, JR. nd CHARLES M.
WINSTON, PARTNERS OF KURE BEACH ASSOCIATES, a North Carolina General
Partnership, who acknowledged the due execution of the foregoing instru-
ment for the uses and purposes therein expressed for and in behalf of the
Partnership.
'CGf�Z___ES$ my hand and notarial seal, this may of
_
i/w�� , 1999. 10
Notary Public
My commission expires:
ODD
( SEAL)
\jones\kuredune.dec - gls
2r 0060
_5 �
STATE OF NORTH CAROLINA
COUNTY OF WAKE
PERSONALLY APPEARED before me, Karen Conroy, a Notary Public in and for the
County of Wake and State of North Carolina, H. Arthur Sandman, Partner of Kure
Beach Associates, a North Carolina General Partnership, who acknowledged the
due execution of the foregoing instrument for the uses and purposes therein
expressed for and in behalf of the Partnership.
WITNESS my hand and notarial seal this 16th day of February, 1999.
My Commission Expires: 6/22/03
Notary Public
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Mnexed,.QertificV(s) of
Notary (Notaries) Public is/ are certified
to be correct This the / 9 day ofIJ2,k 19641
Mary Sue Oots, /Register of Deeds
byA..Litl� (JirLM��t /
Deputy/^ --
'99 FEB 19 PM 3 51
R`,;CRpEp VERIFIED
,AAr-Y SUE OOTS
F,-,;sTER OF DEEDS
CO. NC
1RECE"E® JAN I q 199P
WK
DICKSON
January 15, 1999
Ms. Linda Lewis
N.C. Department of Environment,
Engineers Health, and Natural Resources
Planners
Surveyors Division of Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Engineer's Certification
Kure Dunes Phase IV
New Hanover County
DWQ Project No. SW
8 961234 Modification
WK Dickson Project—No—W96TfT0
Dear Ms. Lewis:
E/u&rr4.(07CaS CC-1 97
Enclosed please find one (1) copy of the Engineer's Certification for the
referenced project.
Sincerely yours,
WK DICKSON & Co., Inc.
Mark N. Hargrove, P.E.
Encl:
cc: Town of Kure Beach
Kure Beach Associates
3177 Wrightsville Avenue
Wilmington, North Carolina 28403
910.762.4200
Fax 910.762.4201
www.wkcfickson.com /
Other Offices: Atlanta, GA Hickory. NC
Asheville. NC Raleigh, NC
Charlotte, NC Columbia, SC
9
i
i
I
i
I
•
i
SLOOP POINTE LANE
CERTIFICATE OF OWNERSHIP AND DEDICATION
y\ I I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE
OWNER(S) OF THE PROPERTY SHOWN AND DESCRIBED
LOTS 55D 3 554
I HEREON, WHICH IS LOCATED IN THE SUBDIVISION
REVISION OF LOTS 558. 562. 566, 570, 610,E 614 JURISDICTION OF THE TOWN OF KURE BEACH AND
s THE KEYS AT KURE BEACH THAT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION
MAP BOOK 35, PAGE 17 I r AND CERTIFY THAT IT IS WITH MY (OUR) FREE CONSENT,
_ \ -0 ESTABLISH MINIMUM REQUIRED LOT SQUARE FOOTAGE,
s� O BUILDING SETBACK LINES, AND DEDICATE ALL STREETS,
\ \ I ALLEYS, WALKS, PARKS, AND OTHER SITES AND EASEMENTS
TO PUBLIC OR PRIVATE USE AS NOTED. FURTHERMORE, I (WE)
HEREBY DEDICATE ALL SNAITARY SEWER, STORM SEWER AND
y S FI WATER LINES TO THE TOWN OF KURE BEACH.
CENTERLINE \00, �0 mI /i•Ell. I /(uTtf A4tNC14 A�F tr•e/Ati
CURVE DATA >
i -
FINAL PHASE R _ ; , I m /'y/ _ /,••?� -
THE KEYS AT KURE BEACH TAN=68.6T ` m `5 I y m DATE IGNATURE OF OWNERS
RAD=200.00
MAP BOOK 35, PAGE 103 Z' - 1
'
m
35I 7 q
>EA
3 IF:
in q
4 U m CERTIFICATE OF ACCURACY AND MAPPINGIPF S7g'03'SO'E S,DD•25.00 M27• S79'03'50•E Z � I, DAVID M. EDWARDS, CERTIFY THAT THIS PLAT WAS %,``% okk CARP
T DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY •"_•"'•;�
o ;r MADE UNDER MY SUPERVISION (DEED DESCRIPTION AS G V
REVISION OF Fl AL SECTION 3-9 Q
KURE BEACH VILLAGE A I I i NOTED); THAT THE BOUNDARIES NOT SURVEYED ARE - t
/ S $ CLEARLY INDICATED AS DRAWN FROM INFORMATION AS SEAL lj$
MAP BOOK �6, PAGE 321 I 3 / I 1 4 1 Old N NOTED; THAT THE RATIO OF PRECISION AS CALCULATED _ r L-39D1
(G 1 13 J
IS 1:10,0001; AND THAT THIS PLAT WAS PREPARED IN ��Q �Ty ,O.
I 1 I 2 I o I S��57`1 I �' ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS s L1;''OC SUR%0� 4z) z
/ ►ROB >/ I �I z MY ORIGINAL SIGNATURE, REGISTRATION AND SEAL ''.�70 ••'•••• PQ;�`�
THIS 2/s . DAY OF ec b A.D., 19 98 . +,, M. ED`or
-
� R L MANNING JR. 1 � � 1tia� � g � � J DAVID M. EDWARDS, R.L.S.
Z- - PO BOX 3984 REGISTRATION NO. L-3901
Q WILMINGTON, NC, 28406 �ey o b $ k \ 12 / -1 ,
1 BOCA COURT I �' 1
{ LL1 - �--- - ---- 15
J CERTIFICATE OF APPROVAL OF THE DESIGN AND
' / �\ ' N'' C 11 (iOUND>E INSTALLATION OF STREETS UTILITIES AND OTHER
\ i n� `O \ i REQUIRED IMPROVEMENTS-
CRAIG S GALBRAITH 31 \°. \ i
654 SLOOP POINTE LN i \° I HEREBY CERTIFY THAT ALL STREETS, UTILITIES, AND
KURE BEACH, NC, 28449 < 16 \°'\ �j r OTHER REQUIRED IMPROVEMENTS HAVE BEEN. INSTALLED
IN AN ACCEPTABLE MANNER AND ACCORDING TO TOWN
< SPECIFICATIONS AND STANDARDS IN THE PHASE IV,
1O / KURE DUNES SUBDIVISION OR THAT GUARANTEES OF
1 8 \ �I \� `s�'�• \\ i THE INSTALLATION OF THE REQUIRED IMPROVEMENTS
7 \� \9�,\ / IN THE AMOUNT AND MANNER SATISFACTORY TO THE
- I 6 17 �O i A \'+ T^ TOWN OF KURE BEACH HAS BEEN RECEIVED, AND THAT
THE FILLING FEE FOR THIS PLAT, IN THE AMOUNT
OF HAS BEEN PAID.
I - - T 1- - 1- - GWORKS
I PATSY T. STRINGER 't1� '� a
I I I I PO BOX 32082 2das TOWN CLERK
I ICHARLOTE, NC, 2823�22 \\ 18
I 40 I I 42 �
, -� \ 8
i
( I I \\ i't� ' \ •i�� Q\ \ �
39 41
DETENTION POND \\ �14 � $S�, 1�
I I TRACT < 19 1
10' SETBACK CURVE DATA
CERTIFICATE OF APPROVAL FOR RECORDING
I HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN
HEREON HAS BEEN FOUND 70 COMPLY NTH 711E SUBDIVISION
REGULATIONS OF THE TOWN OF KURE BEACH, HORIH CAROLINA,
AND THAT THIS PLAT HAS BEEN APPROVED 13Y 1HE KURE BEACH
TOWN COUNCIL FOR RECORDING IN THE OFFICE OF 111E REGISTER
OF DEEDS OF NEW HANOVER COUNTY.
-6ATE'__ __17REMR OF PUBLIC WORK�_
-6AfE__ -ROIL) INSPECTOR
_IT TE__ _-CRAIWAN OF PLAN14ING AND
ZONING/COMMISION
-1TATE- ___MAYDI OF KURE BEACH
NORTH CAROLINA
NORTH CAROLINA
-GATE- -----70WN ENGINEER
CERTIFICATE OF REGISTRATIOJ
BY REGISTER OF DEEDS
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
FILED FOR REGISTRATION ON THE -DAY OF ,
19-AT (AM\PM) AND DULY RECORDED IN MAP
BOOK , AT PAGE_
G
I, DAVID M. EDWARDS, CERTIFY THAT THIS PLAT IS
OF A SURVEY THAT CREATES A SUBDIVISION OF LAND
WITHIN THE TOWN OF KURE BEACH THAT HAS AN
ORDINANCE THAT REGULATES PARCELS OF LAND.
Ajk3Co<46=4W l iia
DAVID M. EDWARDS, R.L.S.
REGISTRATION NO. L-3901
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER COUNTY
1, REVIEW OFFICER OF NEW HANOVER COUNTY,
CERTIFY THAT THIS MAP TO WHICH THIS CERTIFICATION IS AFFIXED
MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW UFMER-
DATE
w
e
BEACH I,
CA
ENGINEER CERTIFICA 4, jE $s �•,�`�ij•9 - - _-,
I, MARK NICHOLAS IA P. A LILY REGISTERED
PROFESSIONAL EN N S@ALST 1 0 NORTH CAROLING,
HAVING BEEN AU1 ED . ERV 1B IODICALLY THE
CONSTRUCTION OF JECT KUR ES PHASE IV, - - --
FOR KURE BEACH 1E THAT TO THE
BEST OF MY ABILIII IGENCE WAS USED
IN THE OBSERVATION QL i� ONSTRUCTED SUCH
THAT THE CONSTRUCTIOfil VED TO BE BUILT WITHIN
SUBSTANTIAL COMPLIANCE AND INTENT OF THE APPROVED PLANS
AND SPECIFICATIONS.
r N Itla/, �Z/z� J9
MARK NTCHO-CA G 0P.L.
N.C. REGISTRATION NO. 19742
_ t TAN=300.00'
\ m ao I �G > RAD71.24' 0'
_ _ L=471.24' LAQUE CENTER FOR CORROSION TECHNOLOGY I _ - -" •
\)a" y 1 f 1 Jy St�:�r* cw HANOVER COUNTY
r LARGO WAY A / 1GG� - �' rey68 CH=424.28' S4204'17"E DEED BOCK 1244, PAGE ?27
'1 13� POINT TOWi.SH4r- _
J�. �t / FEDERAL
_ I N ao.oe N791 15•w ao.00 �D. \\ 20 I I %- I G`0 / / / � I I I�S�"do. PF N57'04.17•W PF KURE BEACH CORP. LIMIT
- - - - % 5' �e AR 1309" .21
_ - JOSEP 34 I 33R
O1 1- -- - - -, �- - - - -I (- - - -�- � I I 3 � I � � r I 1 -.I + 5. � a-sa.24' ARc.as.ai 52.u_ � H � ANN S7o CH-61.55 ! 429 CO
1 I I = � I I I I I ---- r7 --- W o v �� I I (nPa I t` - sz-s r- 1.6T r 11 Ic I RE BEACH. NC,O21
I I I I 5' sETeAac t - 7 r KURE MAN
I W I I I I I -- 7:&WE- R w I CLUB HOUSE I L I I I � _
32 z I I L I I Na7rot17 wl !! 844g
I I I J ,' l0 z I I ! I ►.
I I 31 s 9< 24 23 °I 22 g l to' I I I V( I TRACT 1 7 1 6 5 I 4 ( 3 I I I p
I a oN w I I 1 21 1 $ ti^ 20 1 iYP. I I 2 1 i 7 �Hry CLgU \ a?
--- " a I I 19 I I oTBACIC I I I
- -I- ---- 1 m Neo s4 zo w I I I I I I I I I I 1 1 I 25 sAryD DE1'p LEE I R I
Y I I I 11 c21.7.as ----- -I L---J L----J L---J L---- J ! I 11 !: KURE BEACHMt4C. 28E ty
L_ •- - - - - - - J L-ARc.�.ee $ I �' L - L _ _ 1 ! 1 ze44s \ I
1 S79TkT'42`E 10• UTILITY EASEYENT� L - 10' UTILITY SEMENT - - J
1 33 I Y 3`i3- 35THT sa33?d5 '- � o /�Ni1i1 2i WW - _��7S`�1 � L 120
30ET CH-02.77' 110,39' _ _ 60.ao' - 3Q. CN+62.38' -.I L / I
CH-53.24' CH.45.95' - - CP 79'S6 41 E 16' CP S79'S6'41'E ARC"62.44 3 I
'-MC"63.24•--+--ARCe45.95 RCP 37 E Z�j, _ �-- � 6 (7 w
24SRCP KURE DUNES LANE (PUBLIC) s�o42. ' D 4CHT 4, JACKI I ! N Z a¢ \
CURVE /4� - ss as ss ss ss-- ss ss - ss-- ss ss CUR OWE Na7• KURE NDMgryE FISHER 1 3R 1?p / -\
46.00' 285.3�'- _�� ! 2 SA I 1
Cq
�' N80'S6'3YW CURVE iJ N74111 9'S841 N79'S641-W "'�---..55��f'��?�8.x, BEACH NC,DRI� o
I S7915'42 E la"RCP NBIT 6'3YW 1 N --ss_9 ARC�j6.42' \ ' 28449 M y \
15' N N N N W N N N 70'42'00•
MC-01.15' S0"SB'37h1 MC J9.63' McaSo.So' - - Nj50.60V•"W T - _00 ---�-N 6' --�� WT Y co \ I
34 29 25.63 CHe39.63 CHv'0.50 10. 50.00 S0. 50.00 3`O.Oo 50.00 40.82
I I I S79'OS'42"E s79. 50�31'L-T-� �0 1{ 41'W NBD 17 3ij�. - - o \'0' UTIU EASEAIENi �� ..80 �'_1 N� 2 C,g� f
I I CH-01 {4' { _ _ _ _ z6.8��100 75 MCv3.b1
I I 1�1 -1 r---, MC.9-i-1 r---, I----, (-----) r{---1 ---, �ai�1a77T, Ae'auo. �1 Baer / 4+T\��"E� \
- - - - - -- - - - --1 1 I I'll
I I I I N79 ai; Y11 I I I I I I I I I I I N76 so 51 w I I N �+ sJ ;?;, _ D J \ \�` r 30 ! \
IREVISION of FINAL SECTION 3-0 7I w g I, L W L 1 1 W 1 W � .1 -
KURE BEACH VILLAGE 1 0 1 1 oNll 31 33 '1 F 1 d 33 h W 1 I
LOT AREAS
LOT
SQ. FT
ACREAGE!
1
9,505
0.22
2
5.741
0.13
3
5,301
0.12
4
5,739
0.13
5
3.651
0.13
6
6,599
0.15
7
5.897
M14
a
5.314
0.12
9
5.732
0.13
10
5.533
0.13
11
5.50
0.15
12
7,659
0.18
13
9,013
0.21
14
11,325
0.25
15
5.873
0.13
16
5,530
0.13
17
6,853
0.16
1a
7.135
0.16
19
7.6311
0.18
20
5.531
0.16
21
9.101
0.21
22
8.515
0.15
23
5.477
0.13
24
6,912
0.15
25
6.471
0.15
. 26
7.780
0.18
27
5.177
032
25
0.492
0.13
29
5,020
0.12
30
5.ODO
0.11
31
5.ODO
0.11
32
31000
0.11
33
5.000
0.11
34
5,000
0.11
35
5.000
0.11
- 36
5.205
0.12
37
alas
0.12
35
5,049
0.12
39
5.430
M12
40
5.423
0.12
CLUBHOUSE
2J.919
0.35
POND AREA
33.929
0.75
26 I R Nlut 3 R Ii 28 10 29 1 30 1 31 1 32 I I 34 I 35 10 36 1 37 38 I r Mcy �A
MAP BOOK 36, PAGE 321 I i I � I 1 I� I I I I 19 1 2 I 19 19 1 1 39 Na7 4i'•i 8, - Q \ \ If
35 2e 0 I o a= g b I I I I I I I I I I I I I I I I I I h
�---- T_� � a I i I� I I I I I I I I I I I I I I I I I I 11 1� � 40 [, a`°'
I I
r---+i�aTiLSQ19- ,o z 1f -----) L---J L - - - J L - - - J L---J L---J L - - - J L - - - J L - - - J s.so'
-0,Q 60 1 < 29.64• -J L. 1 I I / 2 3j � V. �' ,Vb 2 - -. ..
- x =O i I 25 25 1 r10QyL ..-6178.`SLSOJIL, N7936'N'W 37ssa• -� L _ I I / P m`" 2 / \/r(7Rt,
1 O z $ 25 I 1g I 1 KURE BEACH ASSOC. KURE BEACH ASSOC. N70.42'a0 _ J L / v Q+" rj
- z 1 I =� a 27 I PO BOX 22 Ir 19o.00• - izJty / m
38 I N �I o x m I i; �i PO BOX 22
1 KURE BEACH, NC, 28449 A J m
Q 5 N I I I I I a n \ \ KURE BEACH, NC, 28449 / I TOM k SHERIE GRAHAM \
1 I I 1 / JAMES B. BERRY III J 106 MYRTLE WOOD COURT > a yoQ
3 <OIn I 1$ L - -J G \ 432 N FOURTH ST KURE BEACH, NC, 28449 G \ JJ / \ \ /
Q W IPF L - _ / IPF - - r - IPF \ 66 65 4^
p 1.11` 5 - U IURE BEACH, NC, 28449 \ R
{- I co x 76 f N84 W N793J 02 W KURE POBOX22 ASSOCSOC. \ / / ,z„ O 4D 4 ,CF
• 0 8 \
Of I KURE BEACH, NC, 28449
89 I \ / sa I \ 47 C? o n OH`F Y
J1 1 x 97 KURE FOBEACH BOX 22 ASSOC. \ 67 n a cGP H,
KURE 6E BOX
ASSOC. 1 \ \ I n \ \ O O / \ NC 644 �QQ
37 26 PC BOX 22 KURE BEACH, NC, I \ � \
I I KURE BEACH, NC, 28449 28449 / �/n LU O \
\ y W 0 \ \ rr-9!,/ \ 9
I \ \ / PHASE TH DU A I a.
- - - - - F 96 1 1 88 I \ KURE DUNES / g a \ / \ FINAL MAP
I I PHASE THREE B I \/ MAP BOOK 35, PAGE 160 \ 63 - I e j Y 4 / 3g / PHASE
( /� `,
I 1 PHASE THREE B KURE DUNES 68 0 7 \ \/ \ \ I� L•I / 1 S E IV I I KURE DUNES 1 MAP BOOK 37, PAGE 175 W 1 Y m /\ SZ \
38 ( 25 I I LMAP BOOK 37, PAGE 175rL
W KURE DUNES
TOWN OF KURE BEACH
50 FT R/W 87 I 69 �! sz - \FH,O \ s7 \ NEW HANOVER COUNTY, NORTH CAROLINA
11' 2' 24' O I 43
2' 11, OO ' \ \
/ 0 25 50 100 200
\ 1/4" PER FT 1/4" PER FT t/2' PER FT SCALE: 1"=50' DECEMBER 16, 1998
i/2' PER FT SLOPES= 3:1 IPF0 IRON PIPE FOUND I \
SLOPES- 3:1 o CONCRETE MONUMENT FOUND CENTER LINE QENTER LINE CENTER LINE CENTER LINE CENTER LINE CENTER LINE SO \� 3177 WRIGHTSVILLE AVENUE
6" ABC k 1-1/2" 1-2 ■ CONCRETE MONUMENT SET CURVE #1 CURVE #2 CURVE #3 CURVE /4 CURVE #5 CURVE #6 \ / \ � WILMINGTON, NC 28403
MODIFIED VALLEY CURB ss SANITARY SEWER CURVE DATA CURVE DATA CURVE DATA CURVE DATA CURVE DATA CURVE DATA
0 SEWER MAN HOLE 1=1734'45" 1=19'14'41" 1=0'59'56" 1=01.50'55" 1=28'25'37" 1=29'18'28" NOTE: BUILDING SETBACK OWNERS: �K (910) 762-4200
N WATER TAN=50.00' TAN=24.26' TAN=50.00' TAN=50.00' TAN=65.00' TAN=80.00' THIS TRACT IS LOCATED IN FLOOD FRONT 20' KURE BEACH ASSOCIATES Engineers
TYPICAL ROAD ZONE C ACCORDING TO F.E.M.A. FIRM MAP SIDE 5' P.O. BOX 22 DICKSON Raleigh, NC Asheville, NC
z WATER VALVE RAD=323.37' RAD=300,00' RAD=5735.51' RAD=3098.97' RAD=256.62' RAD=305.94' KURE BEACH, N.C. 28449 Planners Columbia, SC. Charlotte, -NC`.
a FIRE HYDRANT COMMUNI1986. EL NUMBER 37D170 0001 C REAR 10'
N.T.S. L=ss.2r L=48.41' L=100.00' L=99.99' L=127.32' L=156.50' ISLE. (910) 45e-404e Surveyors Atlanta, GA Hickory, NC -
I@ CATCH BASIN CH=98.83' CH=48.35' CH=100.00' CH=99.99' CH=126.02' CH=154.80' APRIL 2, 1986. y "
0 STORM MAN HOLE N61'54'38"W N75'19'21"W NBO.26'39"W N80'01'10"W N04.09'29"W NO3'43'04"W
PROJECT NO. W9611.80
M-633 M zg�pI