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HomeMy WebLinkAboutSW8980502_CURRENT PERMIT_20211115STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 r1$o5o2 DOC TYPE ® CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2021 M 5 YYYYMMDD 1 ROY COOPER Governor ELIZABETH S. BISER se-emry BRIAN WRENN Mraor November 15, 2021 NORTH CAROLINA Envirwww tat QuoRty Lumina Station Commercial, LLC Attn Chad Carlson, Vice President 8800 Marina Parkway Myrtle Beach, SC 29572 Subject: Permit Renewal State Stormwater Management Permit No SW8 980502 Lumina Station H New Hanover County Dear Mr Carlson The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on November 10, 2021 The Division is hereby notifying you that permit SW8 980502 has been renewed on November 15, 2021 and shall be effective until June 28, 2029 For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. As requested, a copy of the current operation and maintenance agreement is enclosed. Please keep this permit on file at all times Please note that the renewed, updated, and re -issued permit does not impose new or different terms, it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit The plans originally approved on June 28, 1999 and most recently transferred on October 1, 2015, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H 1000 This permit is subject to the conditions and limitations as specified therein Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems If any parts, requirements, or limitations contained in this permit are unacceptable you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAR within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is regmred) and/or the details of the filing process at 6714 Mail Service Center Raleigh NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding If you have any questions need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov Sincerely, A w{ W^�-incc/errr�ely, a IJ Brian Wrenn, Director Division of Energy, Mineral and Land Resources D_E QZ-.� North Carolina Department of Emnnu mental Quality I Dmsmn of Energy Mriaal and Land Resources Wilmmgton Regional Ortice 1 127 Cardmal Drive Extension I Wihmngtom North Carohna 2W5 nomw r�aouua 910.7%7215 State Stormwater Permit No SW8 980502 Page 2 of 2 Enclosures DES/arras cc O & M Agreement Attachment C — Permitting thstory Renewal Application Documents \\\Stmmwater\Permrts & Projects\ 1998\980502 HD\2021 11 permit 980502 NCDEQ-DEMLR Wilmington Regional Office 11 D,F �� North Carolhu Department of Envtronmental Quality I Division of Energy Mineral and Land Resources Wflmington Regional office I M Cardinal Drive Extension I Wilmmgton, North Carolina 28405 v N� 9107967215 State Stormwater Management Systems Permit No SW8 980502 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 Lumina Station 11 Lumina Station Commercial LLC Southerland Avenue Wilmington New Hanover County FOR THE construction operation and maintenance of three (3) infiltration trenches in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the 'stormwaterrules') and as outlined in the application approved stormwater management plans supplement calculations operation and maintenance agreement recorded documents specifications and other supporting data (the "approved plans and specifications ) as attached and/or on file with and approved by the Division of Energy Mineral and Land Resources (the "Division" or "DEMLR") The project shall be constructed operated and maintained in accordance with these approved plans and specifications The approved plans and specifications are incorporated by reference and are enforceable part of this permit This permit shall be effective from the date of issuance until June 28 2029 and shall be subject to the following specified conditions and limitations The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification transfer renewal or rescission however these actions do not stay any condition The issuance of this permit does not prohibit the Director from reopening and modifying the permit revoking and reissuing the permit or terminating the permit for cause as allowed by the laws rules, and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al I DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of the stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in this permit The stormwater control has been designed to handle the runoff from a total of 125 454 square feet of impervious area The overflow from each trench is directed into the existing low area which acts as the vegetated filter prior to discharge from the site 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 in this permit and per the approved plans Pagel of 5 State Stormwater Management Systems Permit No SW8 980502 The following design elements have been permitted for this wet detention pond stormwater facility and must be provided in the system at all times Trench Dimension, L x W ft Trench Height ft Trench Bottom Elevation fmsl Seasonal High Water Table fmsl Total Impervious Surfaces ft2 Offsite Area Entering Site ft2 Required Storage Volume ft3 Provided Storage Volume ft3 Trench Overflow Elevation fmsl Time to Drawdown hr Expected Infiltration Rate Type of Soil Receiving Stream Classification of Receiving Stream II SCHEDULE OF COMPLIANCE Trench 1 Trench 2 Trench 3 111 x 84 302 x 42 124 x 84 15 15 15 12 12 12 10 10 10 32 670 56 629 36 155 none per engineer 2 601 4 498 2 875 5 809 7 681 6 313 135 135 135 78 102 8 416 inches per hour Kureb with 20" fill Wrightsville Beach Recreational Area CFR 18-87-24 SB# The stormwater management system shall be constructed in its entirety vegetated and operational for its intended use prior to the construction of any built -upon surface except roads During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the schedule 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 bypass structures filter media catch basins and piping g Access to the bypass structures must be available at all times 4 Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date activity name of the person performing the work and what actions were taken 5 Decorative spray fountains will not be allowed in the stormwater treatment system as the permanent pool volume is less than 30 000 cubic feet 6 The facilities shall be constructed operated and maintained in accordance with the provisions of this permit the approved plans and specifications and the supporting documents attached to this permit and on file with the Division Page 2 of 5 State Stormwater Management Systems Permit No SW8 980502 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 for the approved plans and specifications must be noted on the Certification A modification may be required for those deviations Prior to the sale of any portion of the property an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area 10 The runoff from all built -upon area on the project must be directed into the permitted stormwater control system 11 If the stormwater system was used as an Erosion Control device it must be restored to design condition prior to operation as a stormwater treatment device and prior to occupancy of the facility 12 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements for the permit Within the timeframe 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 Direction that the changes have been made 13 No person or entity including the permittee shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans the permittee shall submit to the Director and shall have received approval for modified plans, specifications and calculations including but not limited to those listed below For changes to the project or SCM that impact the certifications a new or updated certification(s) as applicable will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification a Any modification to the approved plans and specifications regardless of size including the SCM(s) BUA details etc b Redesign or addition to the approved amount of BUA or to the drainage area c Further development subdivision acquisition lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications d Altering modifying removing relocating redirecting regrading or resizing of any component of the approved SCM(s) the stormwater collection system and/or vegetative conveyance shown on the approved plan e The construction of any allocated future BUA f The construction of any permeable pavement #57 stone area public trails or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications g Other modifications as determined by the Director 14 ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions Page 3 of 5 State Stormwater Management Systems Permit No SW8 980502 III GENERAL CONDITIONS 1 CORRECTIVE ACTIONS REQUIRED If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems These additional or replacement measures shall receive a permit from the Division prior to construction 2 PERMIT RENEWAL A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate application documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3) 3 CURRENT PERMITTEE NAME OR ADDRESS CHANGES The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes a A name change of the current permittee b A name change of the protect c A mailing address change of the permittee 4 TRANSFER This permit is not transferable to any person or entity except after notice to and approval by the Director Neither the sale of the protect and/or property, in whole or in part nor the conveyance of common area to a third party constitutes an approved transfer of the permit TRANSFER REQUEST The transfer request must include the appropriate application documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This request must be submitted within 90 days of the permit holder meeting one or more of the following i A natural person who is deceased u A partnership, limited liability corporation, corporation or any other business association that has been dissolved in A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure bankruptcy or other legal proceeding iv A person or entity who has sold the property in whole or in part on which the permitted activity is occurring or will occur TRANSFER INSPECTION Prior to transfer of the permit a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the protect and the on -site stormwater system complies with the permit conditions Records of maintenance activities performed to date may be requested Protects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met 5 COMPLIANCE The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request a APPROVED PLANS AND SPECIFICATIONS A copy of this permit approved plans application supplement operation and maintenance agreement all applicable recorded documents and specifications shall be maintained on file by the permittee at all times b DIVISION ACCESS The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted protect ENFORCEMENT Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 Page 4 of 5 State Stormwater Management Systems Permit No SW8 980502 OBTAINING COMPLIANCE The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made OTHER PERMITS The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place as required by any statutes rules regulations or ordinances which may be imposed by any other Local State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215 1 and subject to enforcement procedures pursuant to NCGS 143-215 6 Unless specified elsewhere permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual Permit renewed updated and reissued this the 15th day of November 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A nan Wrenn Uirecton Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Lumina Station II Permit No SW8 980502 Approval Date Permit Action BIMS Version Description of the Changes 6/28/1999 Original Approval 10 1/16/2013 Renewal 20 10/1/2015 Transfer 2 1 from Lumina Station Il LLC to Lumina. Station Commercial, LLC 11/15/2021 Renewal 3 0 STORMWATER tl / TER TE 97133 n E C E I V E D Detention Pond Nos 1 and 2 luunn�{�{ POND MAINTENANCE REQUIREMENTS MAY 011998 Project Name Lumina Inn Project No D E M Responsible Party Joel Tomaselli Phone No (910) 256-0900 Address 1900 Eastwood Road, Suite 10, Wilm,natan Mr 9gg03 I Monthly, or after every runoff producing rainfall event, whichever comes first A Inspect trash rack, remove accumulated debris, repair/replace if it is not functioning B Inspect and clear the onfice of any obstructions If a pump is used as the drawdown mechanism, pimp operation will be checked A log of test runs of the pump will be kept on site and made available to DEM personnel upon request C Inspect the pond side slopes and grassed inlet swales, remove trash and repair eroded areas before the next rainfall event D If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism Repairs/cleaning will be done as necessary II Quarterly A Inspect the collection system (1 a catch basins, piping grassed swales) for proper functioning Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required B Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation structures will,be replaced, and broken pipes will be repaired III Semi-annually A Accumulated sediment from the bottom of the outlet structure will be removed B The�gead c epth will be checked at various points Sediment removal is required when the depth is reduced to 75% of original forebay design of 3' C Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary c, �� �� �r , � � _, � � �� � �� Y'�il ram_ r. , �Y � � C� ate,,, � � V 9 t i �ti p�` jl c r �-'�,_ �_ JI DEMLR USE ONLY Dale R cei ed Fee Paid Permit Number o U5 8 gg 0,5o p.- NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew then high density permit 180 days prior to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (St3 781) Section 50 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number 2 Project name 3 Project street City L County 4 What if any changes have been made to the project as permitted? Nor✓ e OAIZ If the project has changed from the original approved plans please complete SWU 101 for a Ma/or Modification or Minor Modification Application form available at https Hdeq nc gov/about/dmsionslenergy- mineral-land-resources/energy mineral -land rules/stormwater-program/post-construction B PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https //deg nc qov/about/divisions/energy-mineral land resources/energy mineral land rules/stormwater-program/post-construction State Stormwater Permits do not automatically transfer with the sale of the property 1 Current Permit Holders Company N/ar 2 Signing Officials Name CA I 3 Signing Officials Title A, e 4 Mailing Address � D City 5 Street Address City 6 Phone (qq3 Email LUMiwft- SX/d"t),j,-, C^^holciel LPL 7` SL zip Z52 7 2- ZIP A ^'� . F +1s�8 NOV 1 p 1021am'% Bye_ Stormwater Permit Renewal Form Page 1 of 3 May 11 2018 w C SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2 USMP Non -Coastal HQW/ORIM Only applications packages that include all required items listed below will be accepted and reviewed Inih each item below to indicate that the required information is provided in the application package I 1 A permit application processing fee of $505 00 payable to NCDEQ 2 One original signed hard copy and one electronic copy of this completed form The signing official named on this application to represent the current permittee must meet one of the following a Corporation — a principle executive officer of at least the level of vice-president b Limited Liability Company (LLC) — a manager or company official as those terms are defined in G S 57D North Carolina Limited Liability Company Act c Public Entity — a principal executive officer ranking official or other duly authorized employee d Partnership or limited partnership — the general partner e Sole proprietor or f Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity 3 One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR including deed restrictions protective covenants condominium/planned community declaration and easements If the project has been built include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If the project has not been built include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date 4 O&M Agreements Please select one ❑ I have a copy of the current recorded O&M Agreement for all SCMs and I will continue to keep this on file with the permit or [� I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me I agree to keep this on file with the permit 5 Designer Certifications Please select one ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed or ❑ The project has not yet been built 6 [IF APPLICABLE] If the project has been built one original hard copy and one electronic copy of a signed sealed and dated letter from a licensed professional stating that the SCMs have been inspected and that they have been built and maintained in accordance with the permit 7 [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC) Provide one hard copy and one electronic copy of documentation from the NC Secretary of State or other official documentation which supports the titles and positions held by the persons listed in Section C 2 per 15A NCAC 2H 1043(3)(b) httos //www sosnc gov/online services/search/by title/ Business Registration '$' NUV 10 1021 8Y Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018 D PERMITTEE'S CERTIFICATION I l f I N " L%ift( -/ S 0"i the person legally responsible for the permit certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site) that I am responsible for the performance of the maintenance procedures and the site has been and will be maintained according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project SCMs or ownership All information provided on this permit renewal application is to the best of my knowledge correct aqfto let Signature /� Date /f ZlZ/ NOTARIZATION I &nq4, A WNdon a Notary Public for the State of 50uiM Cavolivna County of liom/ do hereby certify that Chad E C N i, s t personally appeared before me this the 2I day of KJ0vcvn0w 20 ZI and acknowledge the due execution of the forgoing instrument Witness my hand and official seal J%1111A1 i1,r'/ y�. 0 �. = Notary � M' NfJt°�fQSign turf _LUGu = pub%% ��.SO Jyl�r arc ;xpires 02 Iel, 7-024It - "0 y 10 2021 f By Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018 Permit No (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan subrmttal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, plans and specifications showing all stormwater conveyances and system details, and a signed and notarized operation and maintenance agreement PROJECT INFORMATION (please complete the following information) Project Name LUMINA STATION 11 Contact Person JOEL TOMA5ELLI Phone Number ( 9 10 )256-0900 For projects with multiple infiltration systems, a supplement form must be completed for each system This worksheet applies to Trench I in Drainage Basin- I H DESIGN INFOMATION (please complete the following information and attach supporting calculations/documentation) Sods Report Summary (based upon an actual field investigation and sal borings) Sod Type KIJUB Infiltration Rate 5 in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 10 fmsl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume Design Storm Drawdown Time Perforated Pipe Size Perforated Pipe Length No Observation Wells Fill Material (if used) 260 I c f (/ S inch event for SA waters 1 inch event for others) I inch event 3 6 hours ,96 inch diameter 300 ft rva wells 532 c y of washed Trench Elevations (in feet mean sea level) Bottom Elevation Storage Elevation Trench Dimensions Height Width 12 finsl 13 5 fins) 15 ft 84 ft Form SWU-107 August 1998 Page 1 of 3 stone Overflow Elevation 135 frisl Length 114 ft, Volume Provided 5770 cu ft H REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials ca a b c �Z d e f JL--- k System is located 50 feet from class SA waters and 30 feet from other surface waters System is located at least 100 feet from water supply wells Bottom of system is at least 2 feet above the seasonal high water table (SHWT) Bottom of the system is 3 feet above any bedrock or impervious soil horizon Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon filtration through the bottom only ( ahydrogeologic evaluation may be required) Soils have a minimum hydraulic conductivity of 0 52 inches per hour System is not sited on or in fill material or DWQ approval has been obtained Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way System captures and infiltrates the runoff from the first 10 inch of rainfall (1 5 inch event 0T1_ for areas draining to SA waters) �Z in Drainage area for the device is less than 5 acres oTL- n A pretreatment device (filter strip, grassed Swale, sediment trap, etc ) is provided o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches d p Sides of the infiltration trench are lined with geotextile fabric q Rock used is free of fines (washed stone) and has a large void ratio r Side to bottom area ratio is less than 4 1 —7 s Observation well(s) are provided (case -by -case basis) t Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans Form SWU 107 August 1998 Page 2 of 3 IV UNDERGROUND INFH,TRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT trash After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, accumulation, grass cover, and general condition Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration Remove blockage and repair structure to originally approved design specifications Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed month original The water level in any momtonng wells will be recorded after a 1 inch rainfall event and at least once a Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately If DWQ determines that the system is failing, the system will immediately be repaired or replaced to design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address Print name JOEL TOMA5ELLI- LUMINA STATION II LLC Address 1900 EA5TWOOD ROAD SUITE 10 WILMINGTON NC 28403 Phone (910) 25G-0900 Title MANAGER/MEMMK Signature c� Date 05/03/ 1999 1, H SCOTT KFNNFQY JP. , a Notary Public for the State of NORTH CAROLINA , County of NEW HANOVER , do hereby certify that JOEL TOMASELLI personally appeared before me this 03 day of MAY , 19 99 and acknowledge the due execution of the forgoing infiltration system maintenance requirements Witness my hand and official seal, ami Form SWU-107 August 1998 Page 3 of 3 ♦�� OC( KEN* L . Ys �pTAgr 1� Permit No (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, plans and specifications showing all stormwater conveyances and system details, and a signed and notarized operation and maintenance agreement PROJECT INFORMATION (please complete the following information) Project Name LUMINA STATION II Contact Person JOEL TOMASELLI Phone Number ( 910 )25G-0900 For projects with multiple infiltration systems, a supplement form must be completed for each system This worksheet applies to Trench 2 in Drainage Basm-2 II DESIGN INFOMATION (please complete the following information and attach supporting calculations/documentation) Sods Report Summary (based upon an actual field investigation and soil borings) Soil Type Infiltration Rate SHWT Elevation Trench Design Parameters 3104 1 E m/hr or cf/hr/sf (circle appropriate units) finsl (Seasonal High Water Table elevation) Design Volume 4498 c f (1 S inch event for SA waters I inch event for others) Design Storm I inch event Drawdown Time 3 G hours Perforated Pipe Size 496 inch diameter Perforated Pipe Length 3G8 ft No Observation Wells n/a wells Fill Material (if used) 513 c y of washed stone Trench Elevations (nifeet mean sea level) Bottom Elevation Storage Elevation Trench Dimensions Height Width Form SWU 107 August 1998 1 2 0 fmsl 1 3 5 ftnsl 1 5 ft 40 ft Page 1 or 3 Overflow Elevation 135 fmsl Length 320 ft, Volume Provided 7748 cu ft tl REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Ap hp cants Initials a System is located 50 feet from class SA waters and 30 feet from other surface waters b System is located at least 100 feet from water supply wells Bottom of system is at least 2 feet above the seasonal high water table (SHWT) _c d Bottom of the system is 3 feet above any bedrock or impervious soil horizon e Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) f System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon filtration through the bottom only ( ahydrogeologic evaluation may be required) g Soils have a mimmum hydraulic conductivity of 0 52 inches per hour h System is not sited on or in fill material or DWQ approval has been obtained i Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is 072` stabilized j System is sized to take into account the runoff at the ultimate built -out potential from all a7?1 surfaces draining to the system, including any off -site drainage k System is located in a recorded drainage easement for the purposes of operation and dam- maintenance and has recorded access easements to the nearest public right-of-way I System captures and infiltrates the runoff from the first 1 0 inch of rainfall (1 5 inch event for areas draining to SA waters) in Drainage area for the device is less than 5 acres n A pretreatment device (filter strip, grassed swale, sediment trap, etc ) is provided ^_ ^' o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches p Sides of the infiltration trench are lined with geotextile fabric q Rock used is free of fines (washed stone) and has a large void ratio r Side to bottom area ratio is less than 4 1 s Observation well(s) are provided (case -by -case basis) t Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans Fom SWU 107 August 1999 Page 2 of 3 IV UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT trash After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, accumulation, grass cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed 3 After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration Remove blockage and repair structure to originally approved design specifciations Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed month The water level in any monitoring wells will be recorded after a I inch rainfall event and at least once a Chronic high water table elevations (within I foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately If DWQ determines that the system is fading, the system will immediately be repaired or replaced to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address Print name Address JOEL TOMASELLI- LUMINA STATION II LLC 1900 EASTWOOD ROAD SUITE 10 WILMINGTON NC 28403 Phone (910) 25G-0900 Title MANAGER/MEMDER Signature 11:5� Date 05/03/ 1 995 I, H. SC:OTT KENNEDY. JR a Notary Public for the State of NORTH CAROI_INA County of NEW HANOVER , do hereby certify that JOEL TOMASELLI personally appeared before me tlus o3 day of MAY 19 99 , and acknowledge the due execution of the forgoing infiltration system maintenance requireme Witness my hand and official seal, 111llilj��i SEAL r +OTAq�� Yp y ommission expires MARC 02 Form SWU 107 August 1998 P e 3 of 340 A•VS"d V 0 'o,l�acp° 1`t\t\l� + � �{JrF7d// i n ��� Jf = �r'4 dAPl V9 a h �)' AtJt3\la Permit No (to be provided by DWv State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, plans and specifications showing all stormwater conveyances and system details, and a signed and notarized operation and maintenance agreement I PROJECT INFORMATION (please complete the following information) Project Name LUMINA STATION II Contact Person JOEL TOMA5ELLI Phone Number ( 910 )25G-0900 For projects with multiple infiltration systems, a supplement form must be completed for each system Tlus worksheet applies to Trench 3 in Drainage Basin-3 H DESIGN INFOMATION (please complete the following information and attach supporting calculations/documentation) Soils Report Summary (based upon an actual field investigation and sod borings) Soil Type KUUB Infiltration Rate 5 m/hr or cf/hr/sf (circle appropriate unity) SHWT Elevation 10 frisl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 2575 c f (1 5 inch event for SA waters I inch event for otherv) Design Storm I inch event Drawdown Time 3 G hours Perforated Pipe Size Ginch diameter Perforated Pipe Length 300 ft No Observation Wells rva wells Fill Material (if used) 575 c y of washed stone Trench Elevations (m feet mean sea level) Bottom Elevation 120 fmsl Overflow Elevation 135 fins] Storage Elevation 135 fins] Trench Dimensions Height 1 5 ft Length 124 ft, Width 84 ft Volume Provided G27G cu ft Form SWU 107 August 1998 Page I of 3 a- M REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached if the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials o__2. a System is located 50 feet from class SA waters and 30 feet from other surface waters b System is located at least 100 feet from water supply wells c Bottom of system is at least 2 feet above the seasonal high water table (SHWT) d Bottom of the system is 3 feet above any bedrock or impervious soil horizon e Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) f System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon filtration �L through the bottom only ( ahydrogeologic evaluation may be required) g Soils have a minimum hydraulic conductivity of 0 52 inches per hour h System is not sited on or in fill material or DWQ approval has been obtained i Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is Q/Zt stabilized j System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage k System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public nght-of-way l System captures and infiltrates the runoff from the first 1 0 inch of rainfall (1 5 inch event for areas draining to SA waters) �Z— in Drainage area for the device is less than 5 acres n A pretreatment device (filter strip, grassed swale, sediment trap, etc ) is provided o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches 0721 �L p Sides of the infiltration trench are lined with geotextile fabric q Rock used is free of fines (washed stone) and has a large void ratio r Side to bottom area ratio is less than 4 1 jL s Observation well(s) are provided (case -by -case basis) �L t Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans Form SWU 107 August 1998 Page 2 of 3 IV UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT trash After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, accumulation, grass cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed 3 After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration Remove blockage and repair structure to originally approved design specifclations 4 Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed month The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a Chronic high water table elevations (within I foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately 6 If DWQ determines that the system is fading, the system will immediately be repaired or replaced to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address Print name JOEL TOMA5ELLI- LUMINA STATION II LLC Address 1900 EASTWOOD ROAD SUITE 10 WILMINGTON NC 28403 Phone (910) 25G-0900 Title MANAGER/MEMBER Signature Date 05/03/99 I, H SCOTT KENNEDY JR , a Notary Public for the State of NORTH CAROLINA County of NEW HANOVEP. , do hereby certify that jnFi TOMASFI personally appeared before me this 3 day of DECEMBER 19 99 and acknowledge the due execution of the forgoing infiltration system maintenance requiremen ItIlW8ness my hand and official seal, n �GptT KE�yN�O SEAL N°TA.9/ 9 = M commission expires MARCH 0 m A Form SWU 107 August 1998 Page 3 of 3 g 418 L t U s y 2 �; %iz���VER100 1\�������\ 0 State Stormwater Mana.-ement Systems Permit No SW8 980502 Lumina Station II Stormwater Permit No SW8 980502 New Hanover County Designer's Certification 1, �5 p:wao G — M K� ,asadulyregistered �e�rES51o.✓AL �(�In/•ty in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Lun111'JA S- for SoEL- I d^'►A56t t-1 (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is included in the Certification Noted deviations from approved plans and specification Signature �/ voE� Y � Registration Number 2r7 (0 3 Date (pAZ3)c>0 SEAL 025634 SEAL 0 State Stormwater Management Systems Permit No SW8980502 Certification Requirements " 1 The drainage area to the system contains approximately the permitted acreage V/ The drainage area to the system contains no more than the permitted amount of built -upon area /2 ✓3 / All the built -upon area associated with the project is graded such that the runoff drains to the system t`/�4 "5 The outlet bypass structure elevations are per the approved plan The outlet structure is located per the approved plans 6 Trash �// V/7 rack is provided on the outlet/bypass structure All slopes are grassed with permanent vegetation V 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 v7 12 All required design depths are provided 1/_16_13 All required parts of the system are provided such as a vegetated shelf, and a forebay /,+Fig 5y5TLMi 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 BOOR PACE DEciwRATIO?lOF °- 7 T'Bf4 0903 FOR LUMINA STATION D. RETAIL CONDOMINIUM THIS DECLARATION OF CONDObaNRJM (ads 'jk uagg-) is made ehB day of Zr-.e._, 2000 by Lemma Snoop I. a Nnti CaroRm hmatd ha adidy company ("Daduwdl 1. WITNESSETH WHEREAS, Doduaot u die owner of mum real property and impmvmmb locum thereon in the City of Wilonngtati New Hanover Comfy North Carshna (tie "Propicrq ), mnce particularly described no Exhibit_A attached hereto and hit developed the Property by car-vwmg two (I) buildings (the "Ouddmgf), mean poamlady described an the "Plat and Plan" (as defied bdow); aid WHEREAS D«hra st mtends; to subject tee "Ground Pacer (which Gourd Parcel is genenUy comprised or the remainder of the Property sot encompassed within the "Air Patccn to this Dmclaraaim and WHEREAS, the Gmund Parcel is also subject to and also bcmefts Once, certain appuncruat cascinerW and other provisions until by the "Coveoams Comdataem ad Restrictions-(asdefined below]. Now THEREFORE, Occlatan hereby declare that the Ground Pawl shall be held, sold conveyed encumbered, used, occupied, developed and imp owed subject to the following casements. resmctam, cove cons condition, use, lmuutmia, and obbgshon, all of which ate declared to be in furtherance of a plan for the development or the Ground Parcel into a condominium and which shall rm with the land and be boding on of parties having any ngK Z Isajavi r r � r IT rt i r i BOOK PACE 2764 0904 title or mtaaq In the deconbed PraPatp or very Prot thermal, their bon, sucoema d maps. d dull an mane to the bmena of orb owma of my round three et suaLLM-sim `f 11,11r aA> St:ct= 1. he"meanad refs to mho tfotW Catolm Coo I Aob Ch*u 47C of the fiend Stautes of North Carana Section "bmjNmf(" Wan mean and sett to theme two tracts or, I ofa6space within the Property above and below cation bammmd elaysamo plain, and wntbm the wand boundana hand by the wane of Ibe Buildings, being generally all portmm of eacb Building above the fed noor thereof seal a1. "AaRmamC shall aem d ne@a to the draw Subon B Rtud Crmdommmmm Owner Asoouam, Inc.. ru muomtaa and autpL StsLvn 4. 'T[Idhh shall mean sod mfa to the twin bmNtnga (Budding A and BwWuns B) each mntaemag 4vmxuwWY 44,133 aquae kit an the Peopaty (as defined below) n shown an the Plat and Plain. soctimS.$y(MWshell memdrefer mthe bylnnoftheAssoaauoe. Smftop4. "Common Plemeala^ dull mere and mfa to all ponmas of the Codanmiam other them the Units, Section L " shdi mean d rates to (1) anneal aness@mu Imd by the Aawcuuon (2) special assesammu for cVrtd mrprovancnu levied by the Assoaalmon. (3) annual auwmmu levied and billed to the Astoraabon for the amatenance. repair and operauon of the "Common Faesbum as described in Article V of the "Coveoanu Conditions and Restrictions" (a de6nd below) end (4) special auestatem tetrad d billed to 7 144344 . lr _ 1 r pt rst 0 BOOK �PACrtEC the Aaaoclmoe with respect m the "Cammao Faubtles" a dmtbd k tale AU Covmmu, Coddiom and Resascuum. SabuuB, "Wm" dull m® and miter to the Gtoond Parcel, all poniam of the Bmldmgti (ocluding the Air Passed) ad other Fmpmemrob looted Ihaebk nod all cascment ngbk ttppmtenml 1111 q ppnom of which am ddgoald forreyorota -bq tied the rtmauda of which is desrgsumd for common owmaSsp mokly by the Owooa of thorn portions, Stag "CovmmL Corsd•000• wid Rem+n_.M.^ dam man and tcfa to Wtl Dclaetmn of Easavada, Covmtiota Conditions and RcOictmm for Lemma Sumon If recorded in Book , Page Qnst'of the New Hwaa.c Comay Pubbe Rgpmy Section 10. Mychinyt dull man tind mfa to Lr®w Sbmmn H, a North Camlma limited liability company its saceasom and assigns. Sodion t I. -RpdaaftWabtin moor and refa to this Dodi nbon of Condominium, Section 12. 'Exwutiw a shall man aid refer to the body dcrgamd to this Declarabon to set on bdmlfof the Assodabon. Section 17 " shall mere said refer to the entire Property b w tied acgg the Aw Pacel, and all rights aid aseeiaab tippurtanad Wade, including mahout lunnmmn all rights aid casements crated under she Coveoua, Condiment end Restnclame, which Ground Paseei is more panieularly desen'bed on Exhibit R attached bado tied incorporated heron by tint mfcm e. grid a shown on the Fled and Plan Section Id. "Lamttd Common Elemosui""mom and refer to all patinas of the Condominium other than she Units, which portions we dlocsld by tins Dcclaramn for she ctclusnc use oform ormorebut fewer thman of the Umb u ut lords in Article M'- 1Mlrr1 ' +11 A ; 1 �M1 BOOR PACE 764 0906 Sahon IS. `jypMA,hyppr III — and cafe to the doYCbpmml mmprieo' of the Property (as de6nod belorw} Scam 16, "1c¢" shall mean and refs to away pramm or entity who bolds Iaernbea' , in the Aarocistiam SttOma V. 'QZMe shall lam and refer to the moved owner, whether one or mere Pcrooa err eatitlea, of fee dmpk htle to any Unit. kedba 'nth an undivided interest in the Common Ekmmts appertaining to such Unit as beremafter ad fork teohdmg commsla wllera6 bat excluding time hawing such interest teddy ex semrtry Ibr the performance of an obbpb m. Swan IL "Period of Dsteaw Connor Aid! mein and mfer to the pertod eonmeoeutg on the dale hcrmof and continuing a ndl the earlier or (1) 120 days alter coaweymoo of wwenry•fuve paten (75%) of" Units (including soy Units vhuch may be created pursuant to Spatial Doclarmt Rights) to Ural Owners labor than Dochurm or (ii) two years after Daeluant has ceased to offer Units for side In the ordo ny course of bnaro".. Ste, "Plat wd Pram" dtsll me® and rater to tle plat and plant rarer I in Map Sook IS, • at Page 24_31 in the New Hatarwer County Regater of Dells. Section 20, "bzOWY dell rsm and refer to the pace( of real Property. deacnbed on Exhibit attached hereto and all improvement located thaooa The Ground Pared is the only parson of the Property subjectin this Declaration 7bc irm moder of the Property a mbjmt to the Dalarown of Condonmuwn fa Lmmrts Stshon A. Office Condominium filed contemporaneously herewith in the Ncw Hanover County Registry and the entire Property is subject to the Covenants. Conditoas and RerhtwonL j lerhewl 0 t � . N . r i 'i �' 3 � ^i � � ii ?e n' Vq � • S y O f �' ,;�" 7. A i r_ 1 n 6 a � r 0 BOOR PACE 11764 0909 Ss6Rto 2. DwAsnot reserves the f Wirwlag Sp®1 Dalaram Rights with retperd to the Ground Peed (U To devagrh, aasuua, o aepkm and aaaeoo emao) ova the cause of develapmad of any and all uRsmvemrna indicated an the Phd and Plans; (b) To consoM and mamWo any nab ofoo, mmdgmm amoe or model in can Unit, with do am and locum of such Unit to be delamimd by OmWest in in sok diweWa; provide, however; that Backrest may mkule such sales office, management offlon, or mode! Gan time to lung and to caumct and roaentrmi dw advertising the Condominium at such locatrom as at detmmaed by DcchmL (c) To on the nsetreersts set forth in fa the purpose of maklog mWovements and repans within We Cmdens, (d) To alter the sum of any Unit, combine a mega two ar mom Units, onto aftuormi Units and subdivide any Unit, as ad forth in Article IL.Section 4. (a) To appoint and rmove any officer of the Association or soy Executive Hoed members during the Period of Dakom Control, provide, however, o that our Uses ides 60 des after conveyance of tomyfive penes (25 %) of We Units (oskding Units which may be wtad purmant to Special Declarant Rights) to Owners other than Declarant, at lest am rumba and net less that twemty rive percent (25%) of the mantbers of the Executive Berard shall be eland by Owners other that the Declares, and (to that not later than 60 days after conveyance of fifty percent (50%) of this Units (excluding Units which nay be creme pummd to Special Declarant Rights) to Owners other than Deckm k not has than tkrtythree percent (33%) of the members of the Executive Hoard shall be slated by Owner other than this Declaram Not later than the termination of the Period of Declarant Control the Owners dual g NOW r� , t 4 r u r M J BOOR PACE 2764 0710 elect the Eaocurrvo Board of at last throe (3) mmbct% a in%" of whom wand he Owners. Notwithstanding the fbagahi& Doclusot mry voluntarily anrm. the right to appoint and remove olgars and members of the Eaecutrve Baud before tenaloWan of the Period of Dodanm Caaml, but In the avant the Dalaram may rwgahe, far tbo dmatbw of tho Perted of Docluant Control, that specified acham of the Association or EaaantFe Board be approved by the Declaraet before they became eRhcum Section j, All pennons of the Cood000mmo other than the Unit, shall be Common Elemeow Sa►ma2. Any entryways and all candor doors and windows in other futoew designed to serve a single Unit bon bated avusde the Unit a boundaries are I.Imitd Common Elements allocated mchmvdy to that Und. To the calm any mihty hnc6 pipw, chide, flue. docL new chug vent, ware conndwi, horning wall, bearing column, or any other future or tmpmvemeM Ea partially witba and partially outside the datgmd boundaries of ■ Ud% my portion thereof serving only that Unit is a Lhm1ed Common Element allocated exclusively to mat UmL and any portion duvanf serving more than one Unit is a Lumiiai Comma Element allocated esdumvely to such Umts. Section 1. Ownership of a Unit shall vest fa simple title to such Una in the Owner In the event an Owner may aunt mine than one Unit and each Units era located contiguous to each other such Owner may elect to combine the Units so long as such Owner obtamn i r . r , 1 r , � 4 ' L't` BOOK PACE 2764 C911 DecWent a consentcomplta with the Act and with mks and tesuhdov reasonably promulgated Berm time to t®e by the Dalaom or the Asmdarioq as go case may be, with tapeet a cooOmewa mhdad immune (iacludmg, withoa hmi ak— home of coomuc m to prevent donipums to the other Owners, coophtom with atpeeamg and structural come a, mvww and app anal of the plms and specifications therefor by the Darhaad and do Association, and such other commvumn muted manna). If so Owen should elect to oombmo contiguous Umts under Cher Stauol. such Ownds paomtaga of ownership mranst m she Common Ehmmenw for purpam of ash shall not chmge StadltmZ Every Owm shall have the rights and eaamenw with sepal to the "Coomtan Facilities- located on the Property as am granted in the Coveoanw, Conditions and Ramscuorm and stall comply with all provisions of the Coreaonts. Canduseas and Rmtrsgsom. Section 3. Evay Owner shall own an udmded musust in the Common Elaoenw oppenamog to tw Unit, and every Owner shill have a sight and cosecant of adoymaa In the Common Elements (other than Limited Common Elements designated for the inclusive an of other Units) and on unrestricted right of mgras and egret awoa the Common acremots (other Than limited Common Elements dasigmuted for the exclusive use of other Units) to Ism her or its Unit. Such nght and easement of enjoyment and of htgsos and egress shall be apprte mat to ad shall pm with the title to every, Umt. The wdsvided interest of every Urot Owen in the Common Elements shell be in the percentage sd foM In Exl b 1 C attached lemdo Such imcrvw have been allocated baud upon square foowge In mMbon, the undivided interest in she Common Elements and the nght and casement of enjoyment in such Common Elements am subject to the following 10 1{alrv7 M BOOR PAbc 2764 0912 (a) the 6xeo Live Hood and DeclWaol sbaU have the rig)rt m atgd such tub and rcgutstmms as may be ocated to rgpkft the oats and aro3 of the cemmm Ekm . ad m amend such rub and mplatiom Oom am to time a they dome noocaty, (b) the Declstsut shaU have the ngM as meactsu the Spocul Dociaat Rrghm as sta lathm Articha ll.Scesmaj, and (c) the Aamnauoa shall have the ngM to ddiNo a Ir mfer or encumber an cr any pat of doe Common Phsumts subloct to approval by the Owners as provided in the ACL In the event of subdivision of any Unit, the pereemap interest in the Common Elements allocated to each Unit owed by the snhdevrom shall be established by Declarant (il oath subdrvu on occurs during the Period of Dmtsrmt Control) or by the Executive Hoard (if soch subdnrsmn occurs after the Pend of Doctarant Coding) baud an the rstsgve square footagca of the Units created by such subdnvmort Such allocations shall be mulled a necessary to ause the ownership of the Common Elmrmis to at all time be voted our hundred peram in the 0wnea. Section 4. Any Owner may dtigWe tits, her or its rigid of enjoyment to the Common Elements to such Owma s lrnants, mwtem ad becomes ad the mmtce and customers of such tenants, mvttem Wed hmsmes. SgUpg,j. Every Owner of a Unit shall mrupty with the rules and regulations which shall be promulgated by the Declaram with respect to parking, as ad forth in Article rSection ILW of the Co"awds Codutrom sud itestiMums. Ste, Each Owner are UmL by acceptance of a dyed therefor, hooby waives all nyhn of umt owners under Article 0 orthe Act 11 14414,7 r ' , rf t 1 t . a r BOOK PACE 2964 091a Sao 1. The Docknui , for each Unit owned within the mound Parcel, ad each Owner by ampgmce of a deed therefor. wrheha or not at shall be ao eapcmad in such deed, hereby covensuts aid agrees to pay tW A=xhb s (1) aaual aareasments archages lover+. by The Aaocnton to be used a provided in Sim.! below. m special assat®ents for opnal intp ovanents levied by The Association, and ava>mtab to be coubbsMd ael collected a hereinafter provided, (3) annual assemnape leveed and billed to the Association fce the operation, maintenance. repair and replacement of the 'Com o on Facalares" an; psoveded in Article V of the Covenant, Conditions and Rarkbom winch shall be claimed amuuh asseemmb under due Daiaranon and tied- the Aid. and (4) special assents lend and billed to the Asswuni n with tcspaa to the "Cni®eo Fan7dio" a provided on Arbcte v of the Covenants. Conditions and Restrictions, which dull be dc®ed special avavnada under this Dochnauon and undo dic Act (coBecitwdy the "Camnion Bspcnncs" . Except a otbawasa act forth herein, the Imlay of each owns for the common Eapemes of the Amnauon shall be in accordance wills the aepectne paeeaugo of ownership internal in the Common Ehsurnts of the Cmdoninwm owned by the respective Unit owners, as provdd in i hdW.Q mod anoatiori of full aueamenu basil an such percadages of ownership mnaest shall be made no Wer than 60 days afta the first Unit is exrrveyed. Annual assessments dull be deemed levied upon the adoption of the budget by the Fscavtive Bond pueusut to the Bylaws, pmvsdd however the Board may in its soh: disneuon bill such assessments in installments. An nnsWhncnt of the annual assessment shall be due thirty (30) days after written notice of 0ne nasullmerd amount is provided to each Owner Notwithstanding the precdmg provisions to the contrary, 'span the 12 IM3/d BOOK PACE 2764 0914 expiration of the Par of Deelmmt Control, ten andmt of mommurms low against my unsold Units ow md by Deebumt shall out —xv! the knot of (1) sss®onb at the rate then charged by the Association, at (2) the soma! Common Expenses hsoamd by the Aaodabm to eamontiun wren the msmzau=c6 repair and replmmteW of the Cammm Eltmmis fir mch Unsold Drub. Any Carmnoo Etpeme m Portion .1 f it, the operabon, repair mamtataties of replications of a Lusutel Comment Ekment may be reasonably asseaod by tffi Esaonive Board agatast the Unit or the Units baafited dxmby in proportion to do rckbn bttie0t derived therefrom Seebont3. Fen (including reasonable attorneys fra), cI gem late chat (m Provided below), from, and entered them am also eafotoorble as asaessmmta Each asemadent "be Ore personal obEganon of the poem who was the Owns of sorb popaq at the time wisest the assesianeut baarne due 7be personal obleW m for dclmptal ammimsnents shall no perm to an Owner's saarssas in title Unless expressly asi mud by sucks oncrsson $ggpn3, Any assmamae Imed against a Unit rvoaumg Ugwd for a period of "(30) days m Ioagcr sisal! mroOft a ism ontbal Umt whm fikd of mead is the ofkm of the Clerk of Superior Card of New Hanover County and shall scam interest d sacteta permLL (16%) per annum fiom the due date of the to Wlausa pursuant to Sed(og_► of this Attack V, unless a lesser rate is required under applicable law in wbkb event the lesser rate distill be applicable to addition to my other remehes available to the Arsocaum by law for the collmimn of any past due assessments the Association may enforce the hm by bnngmg an action at law aganst the Owner personally or by foreelmsog the hen against the Unit 13 Ia4N.s 1 Goal PACE 2764 fiu15 The her of the asa®ents provided g=hadis shall be sai6mdmro to the bm of any Gna mortior ad ad I*= taxes. Sale or bamfa of any Unit shall as aSea the o—I ben However the sale or taoafa of soy Unit puno— so mortpppe at tax f vocl % or any proceeding in bin dmoo( dull =*gm* the bin of such aoemncou as b payments Whim berme due pamr to sucb aide or unesfer No ale or ttaafer don rebeve anon Uatt Goon liability Ili any aaetsamb thneGer becoming due or fiam the bin thereof Section 4. The animal assessments lovted by the Association shall be used for the improvement. miummance, operation, repair sepbecutms and adMuooa of and to the Common Eleeenty, to the extent that such Common Elements we not ®proved, mambbxA operded. repaired. replaced and added to as Commas Facilmes under die Coveoants, Cmdsbaa and Resndmas, beludmg, but not itmbed le, the payment of usarma: for the Common Elements, the payment of utility chaps related shah and We payment of �s levmd agomt the Brined Parcel under the Covaenns, Conditions and Restnclmm. In afttiv% the Association may use annual assaunmu for the propose of don any other than necessary or des rsbl4 in On reasonable dacreuon of de AaanaLon, to keep the Common Ekamts and amouties in a clean and god order and to provide for the be" vclfae and eafety, of the owns atd oceupants of the Umu sd We Common Elements The Association also may Is" a special assessment payable in a manner as specified by the Association for the purpose of defisyru% m whole or in put the cost of any eanstiucuoe, rcconstmctten. repair or replacement of a ceptlel mtpreve ent upon the Common Elmtal& including fixtures and personal property related thereto, orovidad llig any such asseammd shall have the -sent era majority of vote of the Menbm 14 144344 BOOR rent ;764 0916 Staaloai. The Execud" Bead dog establish amml sa®mu io aoiardaom With the Bylaws of do Aoocwioe. 52UMBA Both ---' d grass' asses shall be fixed at a uoform two for aE Umu and my be wheeled on a rra aft ham; pwndcd, barcm. the amount of asrmmenu pw Unit shall vary in aomrdaoac mtb the terms of$cation j of dw Articley Section 7. The -al aasessmenu ptovidd Aw berm aball coaiaaam st a date esubhshed by the Asaaramon. Owe inch amuat meaeou we eat bIlib, d, wduee actlee of the annnsl assessment shill be rem to every Oros wbjw thereto The due date shall be estabadW by the Executive Bond Sectlon,l. The Association shill mamtam, Fryers and replace the Common Ehemetlb mcluding the Limited Commas Elanema mbiat to assessment hereunder to the extent that such Common Elements am not mnnwmd, tepdred and replaced as Catmca FwArbes soda the Covasms, Cone iBas and Restriction& Smucin2. In the ever that the need for vwntarmer, repnr or replacement s caused through the mllful or neghgea act of an Owner hts, her at W firth guests, bmtoo, or lean the cost of such mummame, mpiw=cm or tcpan shall be added to and become a pan of the assntmeu to whKh inch Unit is subj=L Section 3. Each Unit Owna shall be responsible for the msnteueKe, tepar and replacement of his. her or its own Unit, prov" however that the rWmewKe, mpw and restoration of the cxtmm of the Bwhhngs shall be administered in wcordwcc with Article I I$ 1Nlaq r 0 i » | ! ! a ! a 0 - k, J � � � ■ ■ � .. � � s a ` ' ! � } � ■ � } ! 2 $ ! a } ] ! k BOOK PACE 276'1 0519 Ao;hml. The Aaocizoaa col its sepcmume doll bum a d& of entry opm tho Uinta and any Commm Bkmmb, Ioehdieg I.onilnd Comtmo PJwem, in, a0'ael emergency repass, and a reasonable right of am upon the Unite b eQeet other repairs, impeormtmta, replic®oa M mauncomm as ttaatay Socam 4, Dahamt shall but the Moving ememma ors and across the Cromd Parcel uWudh*the Units and Common Elmer (a) mVm and egress eaoss, ors and through the Continuo P.Imtmte: (b) access to the Common Elemarts and (hats for pnrposre of repaurng auppodm structurm and appurtmaoco Qxrdo located on the Ground Parcel to monecboo with the support of the Air Parcel and (c) scrmm to One Commort Elements and Units for purpee+a of mamtattmg, repairing and replacing my ubbty, Item that rare the Ground PnaL Soctmai. AR comma granted bacin art app uwmd to ad shall rem with the lama, and shall inure to Ua bamfrt of ad be Mdrng upon the Dmlamt. the Assoemco, Owners, omupada, and ronrlpage WIMCM and MW Oda palm or rattly baring an rawest 10 the Comlemmhum SffIIonl, In heu of tla rapacmem of the Au, msum= is to be provided in accordmcc .rrth apicle Vi) of the Cowmams, Coddam and Restrictions. which sash turns etc incorporated by reference. Declarant shdi allome the expenses of such rnsuratce to Owners as Common Eapertsa Should unvrance aM be tamed coda the Covmmts, Condraoro and Rcstncuom insuernco shall be maintained by the Association in accodmm with the Act. u Ig Ifa3/wl 3 r t t00R PAGE 2764 0920 SCMML In addrism m any other nghb gsmtatl I is to certain boidaM hssmers AM govaatms Of firer osatgsgn w Umts, avy Isolder, a my w guarantee of a mortgage or deed of uW on arty Unit "have the right to loosely wrom maice of (a) any mndamatm or casualty kas dw atfa4 center a material pomoo of the Cmdommturn or the Unit securing its mortgage~ (b) my sraty (60) day defioquency to the payment of a er charges owed by Me owner of any Unit on which a hoMs the mortgage; (c) ■ lapse, cancellation, or material modifiuttw of arty tmmaoce pohcy msmtatood by the Anoaatioo, and (d) soy proposed action Nat rapines the conscat of a specified percentage of mortgage botcher. Ptovtd&d, however that the nottfimhoo nghis granted above ahali be available Only to those mortgage holden, umucrs or mummers who have subwtted a wrtum ro, to the Assocwhon mqumhng much nohfi stmon. Surd wntlm request shall melts& the tame and address of the party making such request mod shall tdmty the Unit on which it has (or Insure or guaanices) the mortgage Section 1. All powers granted to the Asseaatmn by Nis Deelanhon or the Bylaws shall be exescmble by the Exectilnve Board, except as expressly provided in this Declaration. the Bylaws or the Act 19 144342 'Y , BOQK FACE 2764 0 92 1 SCd= 2. The A—"'= and Doclarm my adopt, wound and caftce rumble Iola and R$udtW6f eat In enn0ict Nth this Drshranon and anipplemootyry dmcl% es woos My provided in the Bybrw% and may ammd such ales and tegyWmm al any time and from Wm to {bee as they dowo noccamay Sg m.L The Association and Dmbmw shall have the rgOa to enforce, by my Proceeding at taw or in equity. all tntricbau, conditions. eovauntti reservations. Iem said charges now or horaga unposed by the ptowmm of this Dechuanarn. the Bylaws, the Covarmts, Condmons and Restnaont and amelo of wourpoadim of the AmocWmo. Fulam by the Association to enf rice any courant or mmutodma them shall in on event be deemed a waiver of the right to do an thaagc Upon notice to the Association of a violation bartender and a f imbue of the Association to take action upon said violation within ninety OM days, a" Unit Owoe, the Doclmant or other holder of an testiest In tie Condominium may undertake the en oseanaM of the provmam of tins Deelararmn in his. her of its own eaptine. Section!. Invalidation of any one of theta avalum or restrictions by Judgment of sow order shall in no way affect any other proviuom which shall summon in lull force and effect. Sectm 5. The commune and rameuom of this Doelaianon shag two with and bid am laud perpetually Sgllgp,y. no triad year of the Association shall begin on the fast list) dry of January and end an the thirty frnl (J Ist) day of Doeanber of each calendar year except that the first fiscal yearshall begin on the date of incorporation Sccuou 7. The consents; of Larder studied hereto are ticoporated by refem¢e as tf fully set forth herein 20 IHlary 1> V � � Y � l • I fl ;t 1 r ^ c BOOR PAGE 2764 0922 IN WTINESS WHMMF,Docluwtumc ooedlbnlmeb0osmadhaem. LUMOVASTA ON ILLLC.alloebCamlma bmrod Jw Tomamm, bwm �'U 1 CARGINA COUNTY OF NEW HANOVER IIOI Jod T a Notary Pubbe far sod Cot" and Sum, do btneby �+6• omasd$ Man or of Lumen Salim R• LLC a North Caolw hadtad LaWbty canPany pmenally appaamd befan me thu day and wAmowldged the doe etactmm of Use faegomd mdtuntmt an behalf ofaad Itmtµred ItabtUly company Wunev my had and notanaJ=0 thla Amy of Steno .2000 Cra., Notary c My Commtmao Eapi e Ir?141o3 SPATS OF KM= GOOWtA lrew fixer Oa�ty 7r rrw.y aer oae>rty r 21 IN3rr2 r� ' ' N r .i , r 1 ; I y F� p • •r avert. 2764 CO23 CENTRAL. CAROUNA BANK d TRM COMPANY, a NW& Cmolma bmbng astoadon Cl mdcn owoer and bolder ofmus amved by glad eonam Lid of Two tmmdr . in BOA 2545 a Poo 0217 in the Now Haoow Candy Public Registry and SOIT[HIAND ASSOCIATES, INC., Tknow mdw aN Dad of Tiud. booby Win do Wep Lore commtd to the toms and prvrivam of tlt8 Doelwahm of Omoe Ccodomiu® far I— Stoim U. A Cmimamom (havoaflorcalled the 'Decleratm" ), did eery mbmgma EmWounsof the Deed of Toast mmud by the property desonled thercm Wall rot esptgmth the Dmtuzbm hot sha0 merely vat to Louder the nob od doom sd firth bum pavded, bmerer dal shunid L coder aotpma file to the pnyaty aecmad by thin Dad of Tmr4 my liability Lender aha0 have for the dutm sa tort, in the Dmlaadm shag be mthmmttrm mccpt to the estenf of io micros to such p ogicky that all ptaau ad 6 ownna of ssd of the p Waty dmAnd in the Dalaotm aleil ho ohtld to the fill nghfa and emmmo to the erttet the ome am gramod baere, and Um ttpm paymod of the ban secmod by the Deed of Tent, the n0ft of Losder and Southland Ataocmo, lac (a such auoceflor ttacrom a porodtrd by the Dod of Trust) sa forth In this Dmlarsttmt Shall lem"s•`: IN WfiN= WFD7LEOP, the mdcr� have duly etacvted these pnamtr as of the _2c&myof rb,,a .20K CWIXAL' LPROLJ'— BANKdTRUST COMPANY W Sa ✓.s,Pmudmw1 SOUVIU AND ASSOCUTM INC A or Name Sd=— Its. y1yL, Ptendmt 22 14434,3 1009 PACE 27611 0024 STATE OF NORTH CAROLIJA I n ta.,P C, FM4 . a Notay Public of tbo Stye d County afw maL amt6 do S!►i U �bwslh. P N i y came before we Ws da d mcbmi W my be Is y... � amof CENTRAL CAROLIIA BANK h TRIWP OOWANY. a Norm Ceofoi banking anoddlom d do ba as Se V., Iaa, being ageamed to do t4 awarded the f01!$gaag immma� on baLalfoftheeeapormum WITNEM my hand and oQieW mg this �_ dayof Tor,.,. _2(M rPO. FAy nor 0 & J .%Ott NosyPWAwj o � My Cmmosmm Z ig PVey` t loll lo-k +� �16 STATE OF NORTH CAROLINA COUNTY OF A rw Nis. ravJ� 1 P a Nomy Pubgo of We SWe d County afwmad, enufy Oct . .s�N.f4a0 l...st y came before me tba dry aed WkWWtedged Wort be a V•.. P«.yZt of SOUMLAND ASSOCIATES, INC, a Noah Caolina wpmatim Tnatq and tgat be, as V... F..a_r,.l . bang authansd to do to, =onflm the foaegooy msmmem onbcWfofthecapomdwL WITNESSmybmddo(fwaladtbn 200"dayof iw .20W My Cornaussme 22 144302 � r •I i 1 + �J . .lnili r �J ,ytal �la 1 r 11t BOOR PACE 2764 0926 Duagat000ftm Canned Paid Lying and bong in Now Hanna Calory, Noah Camhua and being moo particularly deanbd as fo6owc BEING ALL OF LOTS 1 2, 3, 9 10, AND i 1 OF A. P SOITTHBRL►ND PROPERTY AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOO& 2, PAGE 53, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. SAVE AND EXCEPT Gam the dervo4c m'bed properly that portion oflbY caWa piece or parcel of land lying bcsaam a horraoaW plane at or above an elevation of Nbty am and 9/IOthr (319) fen dim m® sea level as established by United States Coed and Goodmc Sunry (Nsuonil Gmdctie Vatnal Dam of 1929) and a bodmaul piano d or- I as elemon of severity 6" (75) fat above ni era level and wrtblu the interior walls of the two buildings shown on the survey prepared by Michael N Underwood dated June K 2000 (rofaom ro wlucb is hereby made sod which is incorporated' I by rafaaas) rod bounded and de arbd as follows: BEING ALL OF LOTS 1,2.3.9.10. AND 11 OF A. P SOUTHERI.AND PROPERTY AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOOK 2, PAGE 53, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WMCH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION 25 144302 200K PAGE P MxjM20 PN:is 2769 0967 gPcego.o.ImvfplfiEn STATE OF NORTH CAROf Fa00%S r t¢.ARATTON OF BASEMENTS, COUNTY OF NEW HANOVER �PIANM CONDITIONS AND RBSITHCTTONS FOR LUMINA STATION U 158 THIS DRCIARATION OF BASEMENTS, CO VFJW?TS, CONDITIONS AND RESTRICTIONS FOR LMMMA STATION 0(thb;')w1wa11m7 a made as of the 204% day of T,, . • 2OM by l,-- SUS=I . LLC. a NwM Ccohm mind hab "auq avy ("Declarant"), and a aria ded to by Southland Asaociatq Toe. (the 4rusta', a North Carinthia corpontioo, in Tnattec under that cerium Dud offrust (the `Deed of Tra "), as recorI ed in Book 2545 Is Page 0217 of the New Hanover County Public Regemy, and by Cent d Carchea Bank B Troat CmrWany a North C ban banking association (tbe'BemEaary', o Eesre&lary, and owner and holder oftbe Deed of7mst. AlIHSSSUH Dech meat is the owner or fee simple title to the -Property- (n defined below) Deela red has developed the Property by rnnsleoetmg the "Ewldingin (n defined below), driveways, nob cuts, heads— Inrg, the "Watt Feature (as ekfilld below). parking arcs, and other rmpovements. Declaimed intends, eanterap rraomody hercwrtb, to subject the'Air Parml" (which Am Parcel a generally eomprued of all portions of the 8112141 s above the Era floor thereof) and the `Ground Parcel- (which Ground Peed is the rmeamder of the Property net erwmpaaod within the Air Penal) to the provisions of Chapter 47C of the Graan d Statutes of North Carolua by maturing aid rocording a condominium dwAnnoaa to thereby convert dw Au Parcel Into the 'Air Parcel Condomimlm' (as defined below) and o eoodommnm+ declared= to thereby convert the Ground Parcel into the "Ground Pawl Condensations' (as defend below} Declared her derennmd that it a dalrable to am" certain cirmierds benefiting and burdening the Ground Parad and the An Parcel to unyoaeeaam rntrlWons can the Property, ad to provide fm the inemiaialee e(certdn roaldem benefiting both the An Parcel and the Ground Penal Declarant. for the user and bencfil of itself its svrcesrors and aWgns, doe hereby declare, encumber place and Impure upon the Property the following coodetions, covaima, reservations, ceserrxna and restrictions to euule the proper use, appropriate development and Improvement of such Property to enlwnx the vahrc, drnrabthty, and attractiveness of the Property and to provide for a method for it= maintenance and continued mprovemea of eaten common faerhtees within the Property THEREFORE, in consideration of the premises and of the mutual benefels and duties herein contained Declarant hereby declares that the Property shall be held, developed, implovd Icated sold. innsferrd conveyed end occupied subject to the foliowing covenants, nervations, casements conditions and testnctions. all of which are for the purpose of pronxtmg the value F--TURNED TO fTmfl� 1 14420vl [ij9U87 BOOR FACE 2764 0868 and desirability of. and which "sin with rule to On Pmperty and shall be budmg on W puts= having a right, tide or mleea Ihtadu, along with Min beset, a000enors and tiaagos, and which daR t®a to the benefit o(ca h owe thetmE ARnCL61 13a1'imm (a) "Au Pared" shall men and refer to time two tracts or parcels of orspaoe wuhm the Pmpertyabove and i d, certain honmW elevation pbmes, and within the vend boundaries famed by the walls of each DoddW& all as mole pabeilaly dcseibd on EahUjl " attachd hereto mod inmlposaed be®by tefomed (b) "Air Perot) Coodmmdom' aid l mesa and nft to Lamm Station n Office Condmmnnun to be emitted by the subjecting of the Air Peal to a condommimt declaration. (e) "Air Parcel Easements" mesas those ooveaanls, conditions, rtarkboor, casements and other provisions amfame l in Ihs Daladhon appa0®d to and benefiting the Asr Pared (d) Am Pawl Owoa" shall mean ad Rftr m the rmwd ownera fiom rime to rime of dre Arc Parcelor in i dtndld Umla, - bodies er mom permns or eWtteL (e) Bmidmgs'shall mran ad refer to the two (2) buildings, cwb eadaumg appoaanately 44,133 waive fat at the Property (as defined below), u shown on the Site Plan (as defined below) anacbed as P.1.,ba "D" herdo (n Commori Fae6bcs7shdi man tied refer to all pomons of the Property not located within the Budduq 4 trehdmg, without bmnmen the eotraooea, tha parlong seas the Was Fealme, and all other Comment Fanbbes designated as sock, now or in the fmu m, by Deelaant Uj.. the Common FaWtbca establ Wend in Aplfih$ below) for the common use and enjoyment of all rho Owners (g) rodomlmum Asfxutttons" shallarmn ad refr m the Atr Pawl Condomtmum Association ad the Gonad Parcel Condominium Assocraron, collectively both of which shall be North Carolina non-profit mrpmatwm. (h) "Declarant" shall mean and refer to Lumw Station n LLC, a North Car shins limited liability company, and any party to whom the rights of Dcelaanl ire assigned pursuant to Article IX. Section 6 below BOOK PACE 2764 C 0 6 9 0)-G=WParref shaRineseaodtdwieewecdm PoWmiy Ionized except the Aer Puocl, all a min pouadnly deer(bed in Fah3lt "B"attrLd hereto and tacapantd heron by roterentic. 0) 'Quandhood GcodamWtr'shall in=aodtdkrtothe I--d— Statmo Il Reran Coadmtmm to beacskd by tba subjwbn of dw GnmW Prod to a condarmmm declaration (b) "Covi d Pzrod Owner shall mean and rotor soot reoad owner fiem tuna to time of the Grou d Pawl (a de6oed above) or rta rarGvrdrat Umb, wheber ace or entire perama or erditla. M "Lronmz Slam lr shall moan ad rotor to the development compnood of the Property (a defined below} (m) "Mortgage xhaR mean a morWg% dud of best, decd to nation debt or other security uetfumml aRsung any Unit or Cobinart Facility and which ha bow recorded ansong the land rcec1. of the county ar)medtdan in which the Unit is hxuded. (n) "monpW doll mean and rote to the mwtpgey 6eodiivay, ounce or odor bolder are Mortgage (o) "Owoor" shall man and refer to the teoord owner wMhormo or men persons or cutiuer, of the fee supple utle to any part or" Pmpee)r, but oeh term shall not include a Mortgage, lend in leten are Unit except as provided to Article fV- Section (P) "Plans and Spea6atroa" am" mean and refs to those drawings, Plain and sycergeabose for mnRnrcuoo of the Bmldmgs to be receded with the Declaration of Condmnrmm for Lrmrins Station 11 Real Coodomrmm and this Declaration of Condoinsmmn for Lunim Station U, O(f cc Cmdosmmm to be filed to the New Hanover County Regimy" along with such aupplmmta and mdri6uuam tbmslo, the contents of which art: mmpmated helm by mfamce a ifthey were fully set forth herein (q) "Property" shall mein and rotor to that p orel orthe real property described on Exhibit - attached hereto along with any additional real properly hereafter ammted to the Property and subjected to this Dechushon a provided in Article 11 below (r) "Pronto Share" shall rne]n wd sere to that percentage of the asessmads of located to the Ground Parcel and the An Pace) The Prorsm Slaves have bmr determined by the relative square footage of rmprovemorts encompassed within the Am Parcel and the Ground Parcel, with the Prorate Share for the Air Parcel bang two-lhndt (2/3) and the Prorate Share of The Ground Parcel being oucdhud (Iq) 8009 PACE 2764 0670 (a) "Site Plan" shell veer cod Rfer to the Sao Plan aft -hod aseb as Eablmt S and momponted have by referearnq as such pan shall be madt6d and emended in accordance with the rams of dus Duch atma (1) "Structure shall roe and cola to any tbwa a donee sheplacceess of which Upon a within the Property might affect the physical appeaa aw *=an& We dh46 by way ofMOM— and to hmivaa4 wpovmals, hdWmak shaft rammed nos. v cod pexksmnm btrdss, ftireways, the wderFca1m4 panksoll; east, tram, shrubbery. ping, vUbmg. lamkcWn& Rana or wallsa any saga a sip board smetsoe^ shill also eaem my'acavmm a 64 the valeme o<rhkh eaomds ten (10) cubic yards•, or my mecavaboo, 6%dues. drvanm dam or other King or deem which anew m alters dm caned Ibw of saA waters upon eracrms ebe Gtomd (u) "Umt shall mom and refs In cacticaodornm en Uml crotd by the wbicctrng of tho An Pacol and the Graved Paeal in the prvuwm of Chxpw QCof the Geoerd Statutes of Noah Camden. (v) ^Water Feature shall am and refer to go pond and creek located in the approximate location and mnggunhon shown an the Sets Plat, the dam bated on the Property that rmpoomds and creates the, pond, and all fiiahtres relacd thrall ARTWI X U Section L 22MOM Ilse Property initially made waled to thb Declaration n described in Eshjat]_C etachd hereto and meapone e l hQdlr by re[ermm. SaYaa2. Additions to l Any addnlocal real mtve may be aieblated to this Declantmn by Declarm upon the file tg of reread of supplements to ills Declaanoe (" Soppl=cnW Dechvamm") describing soma, and "wpm the opaahm and e6ecr of this, Dmlastan dull ba extended to such additional property and such additional property SW Iheraga be and become pan of the Pmpety The SupplemenW Declarations may etmmn such complementary additions and modefiatiom of thin Declaration pertaining to such Wildiorul property as tray be necessary or convenient, In the wle fud8omt of Declarant. to riled or accommodate the ddfetenl character of my of the added property Notwithstanding airy tam or provision herein to the contrary Supplemental Decarabom binned in scope and purpose a provided in this Section 2 may be executed and filed of need by Doduard wtthom any rcelunenu t that other Owners approve or execute such Supplemental Declaanom 1N2OVI BOOR PACE ARnasm 2764 0071 Section1. Tlfla The Common Faetlitras B be srr3 porimm ofthelin4aa h and amb easuomt rights In Gvor of Doctorates at the Owners, as am maintained for the on and bendl of at of the Owners. and designated as Common Facilities by Declaant boon or hereafter from time to tone by moerdieg an appmpiae mW or Supplwwind Dale dsm in the Iced reoan I of the o udy or jmudxt m m wbkdt e m Prepaly u loot-. PmVWA , bowever, alter a Unit is canveyd to so Owner by Dxlaaot, no adddaoal perbm of such Unit may be designated thereafter as Common Frahm ache such Owner consists in wnbng aides tamest not to be duesuaI ly withheld in delayed. The Common Facilities we at (a) all areas and facibm within the Property looted outside of the B,mkht get, mdodm& wttbous Imutatwn, dnveways, pankrng neat, bmal caprog commsem entrance feuure, walls and rotes, panmral lPW bridges, --h.- mess, drsroago fictlUtre, lakes, lords, retention ponds, the Water Feauq streams and dams a- Smawayr. (b) The mum" sar&m of the saddens; Winkel; the mofk (c) The structural components of the Buildiogt,and all noes-anchud oompoarnu of the BudduW that serve built the Ground Posed and die AvPueel. and 'ILose portions of"Utihty Lines" (as defined below) that aim both the Ground Parcel and Use Au Parcel. Daelaram dell examine the Common Facdrbes fiem Use womanizing collected tram the Owners provided far Irerea Notvnhemodmg any lam or provision herein to the contrary, Supplemental Dmlammn ltrmtd in scope ad patpox es pmvhded in tm Sectrop j maybe axon- and filed of second by Dalaram without my requirement that other Owthera approve es aide teach SupptmlmhW Dodaramom. Section I Declarant a and Owners'Rights, Every Owner dull have a nor=dmhve, perpetual right and easement ofenjoym em in and to the Common Fadmee which dud] be appurtenant to cash Unit, provdd such use shall be subject to the terms and provisions of this Doclaetrm4 and the roles and regu Wrens adopted fiom time to time by Dedamm. Doclaoat shall have a nonexclusive right end easement of cojoymemt In ad to the Common Facilities for the purposes of perforomng his obligations with respect to the Common Facrbbe as phonded for heron Dcclaam specafrrally reserves the right to maintain the Common Frahm and make all decisions regarding the appeannse and aathetrc quality of the Common Fecdmres, and in no event shall any Owner have the right to make alterations of Umprova setts to the mteror of the Buildings or to any other Comm in Facilities, I BOOR PAGE 2764 0072 Section Pakmssga Decisions don busby ester daelsi,6 and grad, fir the benefit of ewb wd every poctko oftbo Pssperty, anon sppietenanas trim, sad to and fir the bu,efit of Galsnot, the Caadamwtm Asmdat{om and the Oanier, the foilowiug ascments (a) lYlimviAnm PaPuuual, aamaclosrve rights. Pdakges end sasmiads fat the pasasgc of vidwla and Air the pamtgs and aooa®odahm of pedcurram, ova, across ad though all roadways. dnvewn yys, curb crd4 it" walkways ad adcwaDs looftd wubm orb bo krbd adlhm We Property gradgratly Including the right and i—a of mgcas and agree over, saint, and through the entrsicv rob the Property, fiwn sglumog property. as ahowm on the gab Plan Deelaran resew the swat to grant additional easemens farogrev and egret ova acres and though the driveways and fordo' 11 of any asNnhooslreal awn sdjead to that Doctuasion Is to Artsda IL. St;9=2 hueeia: or for the benefit ofany parent or parents afraid poperty, dlountsg the property whahcoroot such parcel a parcels sm subdeand to than Dalaadm, or for the benefit ottere o4ocial poputy tmou�n as Ltminu Su oo. Sach caumens may be umd by my cngty wA m ownership interest in such other property, has Imsea, eavusea and hcererces ad the eavmact; and customers of such Imesa6 mvtae and licenssn; jsmvdd, however. if gee Declared opts to eeenve Oda riSK Decisions shtg fist develop a can shining agramre d with the owners of each property, which shall to prim such owners to contribute to die ntameronre of such driveways and enratiem. Uraqueaed to do so by Declarant. the Coodomuou a Aaocuhern shallhoo in the granting of such casmener, and any such pinta of the Cmdmandum AasocWkos in such easements shall band the Owners n if all Owners had joined in the gram of such ai®ents. Each Owner shall use reason" efforts to mine that coosbuctu n traffic; to ad from as Unit shall net ratofero with the use, asrpucy and egoymmt of the reminder of the Property (or any pan dcrenq and shall repair damage cooed by its mmuataar ad construction bufnc DalaraM shall have the right, but art the obligation, to erect stop agar and to estsbirh rcumobie rule ad segulshom with mr, to decks and/or pa sto the Water Feanam, the roadways, cob cuts, alsla, pmkm& walkways ad sidewalks and bridges located on the Property including. watbomt lmushor% speed heats. (b) Parking Pcrpctu %non duavangb%pnvalegaadeasementsto Owners, their lessees, invilow and hoemom and the mva ca and craaomer of such kasom invncos and Is for vdumber parking within din aicfaee vehicular parking spaces kntd on the Ground Paeci provided, howeva. Dalaraat sha4 in the mks and regulations establish, and lunge from tree to kme, rates regarding towing and parking violanm and the designation of certain parluag arcs for use by Owners, Thar employees kosos, [accusers; and borrow visitors. Declarnt reserves the right to issue parking decals, register the license plate numbers of Owner, therm employes, lenants, Icensm and business visitor and levy fres for the violation of any rules and reguWaom regarding parking A suffrcmt naniba of pmkmg spaces shill be msintaud ta:ax BOOK PACE 2764 0073 upon the Properly to onmply with all govaemonld requirement; with respect to paddag m do Property Decluml mean the nghk In as tab duv , so maesaa the e®bar of surfiea vdtcolar Parking Won an this Propoty and on drgrum sire addbond seam for use by Owner, then mPkym. tmank Imeoreb and busnm vmium (a) Reciprocal noo-oclmve easmeW over the erane Property for the fm khbtg of eks:oetsy. Actm and mmitay scwersM pit. Ickpb= tebvioo40otrtmmoteoa, satudy myaann, other Wit, ad savamiss and 1—mis an<omilibamag and vcaliWion by meant of Pipes, WOM ducts, idles, corndmt; agmPmm ponds, tnachaotul equpmmt, bottom, m cuditinemg and vadtlatmn egmpmml and maduooy, fro sta6well and other apparatus and faulttiea (cuftaUrely related to in-U" Linm7 and an toy hereafter be commented to in writing from date to tone by the Disclaims. Ulm much wbha and mechmid fadbtiea m =prune and distinct for each Unit ad saver only lead Uch. each utility and newhanicsl fmhtm shall be cecasbacttd, munoined, tepahed and replaced by Deelara d and the cost of stet construction, matmmaoaC spar and replsanciat shall be apportioned based on P at Share between firoand Pacd Owner and Air Parcel Owns ad diall be pod by each Owner a pat ofthe —1 i st®omt. Thb easement drsll be appuriaunt to each Unu fit the bmflt ofthe owners dwwf Al the Pains ad which the Uohty lines eatand auto the Am Parcel and m fat the exclusive benefit of the An Peed Owonm, and baomose arste ad dtoml fiat the Grou d Patel. iba Owner, of don baelitedUmts slull be sally regtorrIII fea lle aepdrsd rcPbccn m of such Utility I— Tee Owner of each Unit shill be> ex an connection chum mever fas and charge, mar fat, opan fm, unpaq fees, and s rubar Res and chugs nripamd as a result of the mmrRUon of any Utility Lino to its Unit. Dalsmt reervea the right to got additional easanmts lbr Whims; over the entire Property for the baefit of any additional rat Wane subjected to this Declaration pursuant to Anie4 al Section v hatter, or for the bmegt army parcel orparmb of red psopary sdlotang de propcmy adder m sot such paned m parcels m v*oced m that Deena atioa, or fortbe bum@ of dm adjaum pivperty ►own as f.omn a Station. Such oxmaus may be used by my entity with an ownership usam in a mb after ptapaty its Ievaera melee and Ikemecs and the Imitate and eustonm of such Ismca, invitca and Imauces; provided however tithe Decisions apt to eaemse this right, Dalarml shall fiat develop a cost sharing evemunt with the owners ofsueh Property which shall require such owners to contribute to the muintmance of such Utility Linea. hf mquWed to do an by Declaram, the Ctnrdommimn Associations dull loin in the Among of such casements and my such joinderof the Condominiums, Aoocimoa in such casements shall bind the Owner ni if all Owners had homed in the gloat of such misestimate (d) En^.aahincin-tom Reciprocal ooneaclumvememastsova the entire Property fm minor coaeechmmo which will out substantially tntafua with the property encroached upon created by the construction, reconstruction, maovadaon settling, dulung or otter cause of movement ad fitovefianp This eascimmit shall be appurtmam to each Unit for the benefit of Owner thereof + DOOR PACE Z7G11 0074 (a) hwmw=AQM& Reciprocal wo4uluslve ®mu over do Property by each of the tvpocllve Owses far emagea y ivgreak cpesa and aomm sad easerom bang sppmlmaot to each shal for dim bmsfit of the Owe thcsmE (f) F...r r. r. uuftAixhmL To and for the benefit of An Parcel Ownas fitim bme to dank do casommts bsmfmfter vet Buds is the $gypsM (1) StuR26 A papaual exclusive support esse 1for the mr m••^k— sepavad Rpimccumlof and for affachmtaaoftbe Aar Psroeli to. (1) W oolumm, Dias, fact qp cadmium gar 1 b000a, famdWma, slabs and other supports, suppmLbg structures and appmtmasre thereto located or to be looted on the Ground Pascal it mraterAm with The support of the Au Parcel and the Bmldings and any other souama, baBduw or unpovwm0 coustmctd or to be constructed to Use Am Parcel and (d) aU mhumm, lives, footings, cammom, grnlets boos, ftuduhtms. slabs sad ether supports, supporting imsabtm and appurtenances Hereto located or to be looted an the Gaud Pared as are nceeaary or appropriate In connection vntb the maintenance sod operation of the Air Pascal and the easements beoefidag it. The easeromt provided far m dos Subsection I is and shall be hunted to the support of the Au Parcel, and m no went shall Declaims or any succ smr Ground Parcel Owner have may obbgaimm to provide support for any structure ather thm the Air Parcel as it was erignmalb' planned and constructed. All Air Payed Owens and thess succ s so s and sasi®n stall not add additional storm or levels to the Au Pascal vithml the c m mot of Deelaranl and the Condo comma Assocahom. Dmlarmat busby saavo the right to add adddscral stories or levels to the Air Parcel. as its sole dtarmsoa No coramid of the Condomrmum Assmabons anU be necessary for DvJamt to eaamse this right. (2) Access A papcival m clmsvc stress emanml fen nasomb)e vehicular and pedestrian access, mpcm mod epaa to and Dom the Air Parcel over and across all driveways and wa@ways6 and slope, and a perpetual exclunve access easement, subject to Ira repro essemmt described in Swum fg) below far reasonable pedestrian tercets, ingress and egrets to sod fiom the Air Parcel over and across all stmumays frier stairwells, elevation, elevator shafts and pmncs located or to be located on the Ground Parcel, subject to mas astable non- discriminatory rides and regulations limmulgabd Dom time to time by Dttelasmt. (3) Repairs A pnmamord non• tcinsrve auxu, mnsauettoq repair and nplacemait easement Ibr all pwposm necessary appropriate a sncsdennl to the Air Parcel Owners use or enfoynmd of the wuntrnts reserved pursumt to this Section (p (4) Utilities and Services A perpetual exclusive eascrrma to use those chases, coodutis shags and otter openings through the Ground Pmccl to the fiat floor of the Air Parcel for the benefit and use of the Air Parcel, for the 14RDr7 8001 PACE indallabMoperatia4reptr replacement ao entd-efutthlieGeBitiet and cmvatas, irhtddmg die right of or6d and ep® aeroo to Ground per as reasonably necessary In Install, ojraarc, repair. reptsoe and mtolam such faerhbn Tban a reserved fixr the benefit of Dechenaall a perpetual eaaceome to maintah4 repair and tnmre ni the a�yoeneg aCueYotl compornacs located an the Ground Per in o mocitton with su pon of do Air pascal, (u) any raso-suuetmai components of the BoiWasga ton trerveboth the Ground Paul sad the Au Partial and (in) the eutahm of Ilya IBtnidmp, mdadmg but cot fimrted to repamng the mot painting the tumor and reparimg damage to the tsiamr The coat of each mauueasneo, nv* and restasation &ball be apporhmed beard an Prmfa swm between Grand Pawl Owns and ArrPmd Gros and sbau be pad by each Ownu m pun of the aamul arsmrnent. (h) Easements for BmeSt of Other i Angig D=Urud may heoRa grant a l accept, and Disband hereby rcaervm ttnto itself. its successors and asagm (n Declarenth laments and atha rights for the benefit of the property and also for the benefit of other adjo=u lad now erhmraft to be devcaped by Dmlamt, djaomd to, contiguous to or in the vtamly of the Poperty, for the purpm of pmvhdmg such beraHts as curd fadiwm and mmrbm (mind uties &cdmcs), masasabla scam or palcanan and vehicular traffic, open a its grim Nacos. park lands and other out" shared esm m, doeg and ova say portion of the Common Faerulle ; prwde4 however, the rights hymn rarm od by Dajarm h>, along or over she Common Facilities for the baeftt of adjacent or other property shall eat be avulabla to the owoe(s) of anal adjacent in other lad urdeu Dwhim Curt develops it cost shams agreement with the owners of swab otter lands, which shall regain such owners to comibum to the operation, muraenmcc ad repairofsudh shad facibbm m aemoer hdWL the ablrgatmn to be m I, c m coimmbon with the Common Facilities by such a- we) of djaee . m other cods shall not sasue or be incurred or due unlit die dde such parties an erwlld to actual usage ofher Cermen Famine&. lfroqueste l to do an by Disburser. the Coodombuum AssoetaUmn &halljolt in the granting crumb asmmf; and soy each jade of the Condominium Asmrastwea in such comments shall bid the Owners as if ail Ownea had joined in the gal of arch cnmmu In addmoo, the owaas of such adjacent or other lads may gal encruents ova such adjacent of otter laerls for the benefit of the Property, including easements for scams, mgrm &od cgraa fiem the Fmpeny over through and aetm such adjacent in other binds If curb owners grant such easements fun the bcoe(il of the Property, Declaim reseva the right to enter into a cast sharing agreement with such owners, which may require Owners to contribute to the operation tnatotceance and mpau of such shined ficthtrea or ammhes located an the djxcnt m olha lads whnh mat eb%U be usmud u part of the annual assemnenu m ANhck V heron Section 4, Rtehu of Thud Prom The easements hereby established m private casements and nothing herein shall be construed to create casements in favm of the general public However casements aotd unda dhha Dmimmon m favorofen Owncr sit apptutemI Is47av7 SooK.?%q PILE gr, touch Ownces Ihtil"be aaeis4 Lwb sad enjoyed by orb 0mien' aS ft qoSfoyeo; contractors, tmann, Whom licfnteerad omnev vmloeS provided, however than sich nest shell be sables to tba tenor of thb Dacbntco bM to aq mks and tapidm s adopted by Doclarom from time to toms. LM—re—NIFTO Ssa11q I ANMX& Cotcmto and V net oi. pig as otherwise parbaiWly pmvidrd far lrtein, in each. idm of this D=b bm tbd mfm m the approval a coaemt of or voting among Unit Owmn6 yptovah sad common shall be grained and veto will be met in acconlanw,vightlizArbele Two puno shall have the tight to grant moot orspproral or to vote an matters ddro and in this Deelaatao, and the two parties shall be collectively rchin in as "Voting Parties" (a) Voting Pam A_ Vatmg Party A shall be the Air Parcel Condemnation Association or its successor The Aar Pared Condommmr As ocuno as a whole may rot forty five votes out of one hundred toW vote an soy usue for which this Declaration Siva approval, cooem at voting tWo to the Unit Owners. (b) Yount Pam B. Voting Party B shall be the Ground Paced Comm mmu m Ataxcistionne its succmear The Gmt d Panel Cmdominlum Assocu boa is a wMie may cast Ally five votes oar of on: Mdnd told votes on any Issue for which this Declaration give approval, consent or voting rights to tM Unit Owns. $fctionj. Gencralfrovismits. Po pmpomo of dw wanbn of appwvds arm and volmg rights under tbo Declaration,"Owner" sMB mi ixlde sty own r or Mlderofs reversionary interest In all or any portion of the Property or Units tberem motor a lease with a lease two, including options to mime, in excess of unity (]o) yin• rather, in such cam, the tam "Owner" shall be dolled to refer to the lance under any such Imo. In any man who any Unit within the Property has mom than one Own sty one sorb Owner may exersue the vita(:) applicable to such Unit, and such eercan shall be conclusive and binding with rs to all other per; hovmg any interest In the Umt in question. In on evert shall the vote or votes with respect to a nylmntly-owed Unit be can separately Any action him in accordoce with the Provisions of the Declaration shall be binding upon all Owners and Mortgagem of the Property or Units the n, and thar mpecaive hen, acceswrs and asarpo. Every purchmer, grantee m assip ice of any interest in t c Property or than ti>adn abject to this Declination, by soseptsnce of a deed or other conveyance therefor thereby agrees thd the proviuom of this Declaralioo shall run with and bid role to the Property and Umn t erern a provided hereby to 14420,2 BOOK PACE ARTIC7EV 2164 0877 egaimaa sect= 1. sub Own" of a Unit or of any interest m the Property shag by soceptaom ofa amveyaoea therekr, what cm out it shall be so expressed many mstrmom of conveyance. be deemed to M aowaant and agim to all Ice tams and provisions of rbs Declensions and Q promise to pay to Declaim, by wry of paying its respective Amocrattc. both sound and wedal rnumfmta and Annsn, such as m eslabbstied and to be collected Ram time to new as bomb aftprove" The animal and Vocal aamoeou and ncges, mgabc wah such Intact 16eroan and mats of collection therefor as are bereuufter provided, shall be a chap and ocam, bee Was the Una agaama whnb such assessment is made ar of the cliremve data ofemb assmment, and agamt the corresponding Co domwum Association and tine Units located m such Coodommow, if such Association bss ins pad the court amount arm sansam st, as provided below asch orb ascom , together with such interest therms and cam afmgemm tinerefar n m * Rai pmv" shall Who be the personal obligation of the person or duty wino was Owner of such Unit at the tine wines the atresmlan became due. In die cm of enownership of a UmL all ofsoah m owom shall belomtly and severally table fin the eouro ammo of the assesmest Notwirhstardmg the foregohig, it a aairadd Uri colleamo of nsesmants, and enftucemm of renedics far nonpayment ofasa»enu, with rear be Units, be admmslosed by the Comdomouim Associations. It Is mdmpleted that W aaesmests kid hereunder stall be billed by Dmlaant to the Coodernuusm AasocWims, wiih the Ponta Store far Ground Parcel assasmmm being billed to the Good Parcel Condensation Asocal m. ad the Private Shore for Ae Parcel a — es berg billed to the Air Parcel Condominium Association me pt for thane special assessments requiring a differed ailocaUon which will be billed as bercusafter provided Tharagc, each Coodmiburm Association shall allocate its bill for its Rona Shoe among the Owners who m mmbaa of such Associations, antis such allocation to be -canes e aipemes' for the Cmdmmssn (n daRoed m N C Gen. Slat § 47C-1-I03(5p. Deatsraa shah have the right and authority to collect any oepad assemmeser either by sm sgarmt the emropondm6 Codauuuon Assoashm which is rmpomfble fm the billing ad m0eaa m of such av®naa, or by taiforemait of the hen against the Una in rich Coadommume an provided for above Dmlarant may also bring sub directly Moral the mmpayiiig Owner and mfmce the lion against such Owner a Una, at Docknnt a sole dacsebmi. Smijon 2 The annul aucmiunts land by Doclarant shall be used In, the improvamrnt, mamaoarire, operation, re;wr replacement and additions of and to the Common Fmblaes, meludmg, but wit hunted to, line payment of insurance as described in Article VIIthe payment of ad valorem taxes on the Common Facilities the payment of ufdrly charge minted thereto (including water for any Irrigation systems) die costs of m entaming, oprntmg and umprovmg Mets, reads, drives and rights -of way the curia of mamamng, repairing and removing the eeetanm of the Buildings an described in Article III, Sermon 3fa1 the wsm of maintaining, repairing and restoring the supporting structures and appurtenances thereto located or to be located an the Gmod Panel in II IaaIDvl BOOR PACE 2764 U878 conaaeon with the otmmt benefiting theAb Pavel. the- i . ofc*iul opmdxuo related m the Commm Factbteer, winch a replacing of rebuilding any Cmmen Fatsfiry the payment of ticcose, permit and inspection fees, min ofatraet ups and markers, do min of maintaining the Water F=W%includmg, bin net limiter W. rho on= to pneLaW and maim,6 equtparern omesvy to clean and maim® the wain Featiae, such an 6hers, p =%tuning nwmals and labor costs, the casts of cdimmg and ettapaamg ofgaMgt; rubbish and tine Ulm, the costs ofcantmpio& malwaimg, aparmig and reprising atihq beiliye an dsaQiba'in ad repair of my shored Psditla m aardties located on sthaecot w other lads pinioned to A xte M- 523 Im,3ihl heron, the costs to prepare the Buildings, say other Structures incrust upm the Property and the Common FaciWeer for say alma; or bmncinim mcladeng, but not harder to the emu of materials for ehetsp and restoration saw the ahem orburrdcrey and that costa of Iahor, supplies, equipment, samtsh, waagmtat and svperaaon "' C The Common Faabucr may include such facilities and ameiues as shre ns, drives ad other nghtsof-way. Bower bers, plamter triads, amre,loggtg ad other as* or walla, mmdrmv, perms xim stgnsge, bridges, pods, damn, eedeamcer, graenaays, dranaga areas, rater iu murq fmnwas, savIPWM uaayonauao pops md/or sbc tits, directional and iofwvmiaul stgage, use car enes ad maintenance area cod, at the option of Declarant, enmmt right, in certain portions; of the Property in sm described in Article above Notwstludadmg anything to the canary Iramn, Declamal shall be net beobligaer m bald ail orawry pwtge of the faeBiao and mdcmuea Instruct above orothesu m m this DerJamilw a posaeTtle Ca®m Faehum. In addetim Dcalarant may use snaat assemaaas for that purpose of doing my other things necessary at desirable, in the reasonable dmaaetica of Decimal, to keep the Common FaaBdes and ammues in a clan and god order and to pmvak for the butt wellaee and safety of the Owners and occupants of the Property, ad the Common Facda o. By cis accept of any deed or other instrument ofcomcyaecr army UmC each Owner scbmwladgo that the pm mtype of meemlus improvements and Su icnuo to be Cormm Facilities; has cot hem (ad may mot be) spmirtcally dented ad detamtned n of the din hereof Notwdhadmilmg the lack of spocilicety, reWdmg to the identity of the Common Foctbde& each Owner ockawtedges that he or it is a knowledgeable biomass person or awry lium ar with developments such as the arm crtablistted ;coder thin Dectaamn sal hereby ape m accept and pry amurd a i special ass>ateeras levied by Doelaml pursuant to rues Declaration. Further, each Owns agrao to xcxpt n Common Facilmes hereunder such Common Farabteo as may be tlaigatad and/or canveyd by Declarant m accordance wdth theta of tin; Deetarsuon. $ggpp}, Dmlatmt shall detammn a budget for each fiscal year in its rasonsWe ddscidum head upon actual and tamdsled casts and expense for the applicable fiscal year such budget to be delivered to the Codomuomn Assecdabom nor has than tm (10) days and cot tram dm sixty (60) days before the begmrdg of the fiscal year Declarsm shall use Una budget to determine the aura' assessment applicable to the Property which shall be apportioned based on Ponta Shan section 4. jawal AFC. In Wdntm m the a mi assetammu bcmnAon outhorucd Daclarmt may levy apeetal asacrardenu a follows. 12 I44204 BOOR RGE 2764 0879 (1) Subject to the re-roote approval of the Volmg Futim as provided hewn, strain asswmaft may bo k W fir the pnpom ofde8ayw& io vI I a m plat da cart of any construction orteeonannmaunexpected repair or cfCammooFaarhq Including Ilre UWCUMY fuhom and pmatml prepody related tbasto. no Ground Pared CaWomwum Asmcutgo drill be billet for the Orounid Parml gnu Shoe of Wo speeui aaesmmu made under urn psmwWb (1) ad the Air Pied Coddommmm A=md m dmU bo billed far the Arc Pamd's Pmrara Sham afire speed ammnentsmade under Wts pangap' (i . Deefasotmsykn7specalasu=nmtsoodvtbupmagapI (Quality upon appmnlofthe Voting Pulses to whmh ere allwadad mere lhm wm4lnrdt (2a) of the valor mderAtll FV Sonion 1 (2) Special sacs mints may be levied for the mats and atpaae , usrtlmg overbead and dmissuadvemria, of smow4 de concom a sronta a= and dvatmng ands prommronal events for Me bamfd of the common Fa dudes. ibis speed anaasmmt shall be billed to the Cecil--= Associations woordiog to the Moving paomtagei(i) Ground Parcel Coi dmumum Association eighty Percent (80%) and (u) Air Pared Cmdomrm ass Ass iciam twenty percent (20%). (3) Special aysnsmmu may be levied for the cons and caPentrs mchdurg overhnd and administrative costa, ofdvaesing adAw promoboml events which are pnmarly for the berxfil of the Ground Prr cL llds special assessment doll be billed to the Grmmd Pared Caduminium Aaaochlion. Speed asa meats made period to paragraphs (2) and (3) above are mil intact to approval by the Voting Pafio and the decision of the Dili mt as to the amounts, allocation sad billing of these span) assraments ere loud and 6rdmg. Section . S Aaxsarxnts shall mmmorm on the date fed by Declarant Assessments on Units that Puri become subject to aaerimmts doing a calendar year Shan be prorated on a cdendar year bade fo the resider of such calendar year Scown,¢, AmnalascowcoU shill be levied by DaWraad annually in advance and dull be billed no less fiolucr* than monthly and than be payable in advance at the beginning of cub mooch. Unless otherwise provided herein, all aasessmerus shill be due and payable In full within Ihdty (20) days after billed by Dedlarsm StaLon7. Recorda nfAssesamen Deelaram dollcans to be rmmtamd m the orrice of Declarant a ¢cord of all Units and aueamods apphc§Me Oairm which dull be open to inspection by any Owner Wnticn notice of curb ntsaana t shall be matted to the Cardommmum Association Declarant shall d trust annually fumush to the Condominium Asrocrallme an accounting far all expenditures by Dedarmt made limn the assessments and all other amounts cullected fmm ilia Owns. Such accounting shall be cemfkd as acamte by an authorized rcimsentative of Declarant Such accounting need no be audited. I) tN20r2 BOOK PAGE 276Y 0690 f hinadsball upon demand and paymentera rmaosa'I ebawn ikrdsbiov anyowa . ending ugnad by a aathmand mpamtenveof DwAarwg mtms whether the aaasmmts apmya the Owns s Unit bsso barn paid eaL of oil, the amaad dm d owing. Sorb certificates doll be ewnehewve as ovrdmro far third parties a to the suns of UMMMU s spiral such Unit. Securing. Fffwt of MMENUM of dogMall, If any assessment or otherebage doe haamder is col pad on Me date when doe, then such astassmml or cam charge den hsehmder shall be delmqumd and shall same interest theaoo a mum pane (16%14 oil® ■ leaser rac a requited miler applicable law in which event the lower, rate " be apphoDle tf such aaesstomt or my otherdnrge den Intimater is not paid wile Wirly (30) days of the den date. then Dahoaa may, at Gar opboo, bring a arm or law (l) against lime Assoertltm responsible for paying such a ssessmaid, In which ease a" c asylodpamt 1W Declared obtain s against such Association shall constitute a hen agrdoa all of the Unit, in such Codomhmmq hn acmnb= with N C Gm. SaL ¢I7GJ 117(a), aadlor (3) agsost the owner personally in which cam Declined way famlom its hso uspoa each Owmes Unit. Them shall be adds to the amount of any assessment ar other charge den haamder all rcssooable anoraeys• Into d coin received by Dmlarait in such acbm and in the arms s Judgment Is obtain, such judgment shall Include interest on do assessment or other charge den hereunder a ideated above AATTCr.E Vf soar=, I Parmatiod Uses The Aur Parcel is to be used solely for general purpose ofica, residual d ather profmuaW office and dm* related use The Caned Parcel a to be used solely Its, general Purpose retail and/or offioe, medical and othapofesiaul olfca d dun dy 1eWed eso Units in lath the Air Pared and the Gmdmd Parcel maybe urd to mawaio Sala offices, management offices or model Uinta. Declarant may establish additional was for Uinta within the Property and addmoesl rcerlermoes for Units within the Property. by provinces In the dads to such Units. by mpplemml to Out Declaration or by the codandmao docluaboes or along do Ali Peal d Growl Parcel Codomniums, poor to is toaveymm of the stracted Umt; poaded, however that any such additional ism mus be append m wntmg by the Vaturs Pubesto which am allocated mac than filly Phan (50%) of the votes undha Article IV. Section 1. but such consent shall no be unreasonably withheld at delayed by any Owner Sccim 2. No building or other Structure of a temporary =turn shall be allowed on the Ground Parcel at airy hum except that of Dochuant's eoatraetan and subconuactaa during the Period of construction or rcpw to Structures Section 3. Hmatr and Muntenmca &cepi fit Common Facilities OW are maintained by Declarant hereunder the Owner of ach Ural shall continually mpsr keep and Io 14420,2 7- M alit Ie��r�a'm lip E Lp 4 a 9 ^-E�B s"�a'°� eg Y a �SuSa10 Ac0 BOOK PACE Z764 mover vehicle, Vuantm. asca naeYS race -my es dnaptrrpe: trndu stepsary 6882 or garbage disposal atess, smiles or monk began pmkr say typo of outdoor akrage; nude or arm. made dance dubs, umm sga parkas (excluding day Na3 medal b um= and tho spestlo faerlmcs allowed by appinablm mtmg Ire) orcmegam or bookstores adleng orerdsibtuog wataialufapww ookorsdndtoatma No Umtarodwpms000fthe RopulyoWbeumd for any busmen tbeopasQco ofwhwb would result or the esmpr, dupmd or release of soy ammtmt ofbtoktgfwYy acuvq Iwre or baatdde waster esaterssb,ataquinc ,or any other substance that is pmktbd4l®dd or regulated by aq governmental! oraaa-pvattmcorel an bin my or that even if not so regub$4 could or does pone a' b fnl0 std safety of ilia accupaes or" Bmldiog or atmmaudmg pmpealy (cWkcuvdy "Haardon Substances") In vmtatmn of any Wpltmble Envuo mmW laws (n bmcuw8or defined). No Unit orodeer pmuats of the Property shall be and far the storage or on of said Haiardom Substaoms to arq ma over prohibited by law or otherwise mconsnkw wish commercially reasonable stsdads for the storage ad use of such Haadan Substances coaWarahk m aWa fast elm oBke sal reWl butWuW used for as comumng laboratonm using Haardote Sum, nor shag any Owner allow to be brought into the Bml bop or onto the Property soy such Hazardous Suhss o except to use in the ordinary cause of any Owner's box— Alf Units and other portions of the Property will, at all umm, be kept and mantased as ss to comply with all muting or heresfl s owed or issued statistics, laws, mks, ardmattca, ordain, pormts, and regulations of all state, Worst kcal and other govarmxmtd and regulatory authorities, agencies, and bodies ate 10 the Property Palammg to ammmlrnW mmera or tgpbtmtg, prohibiting or otherwim having to do with asbestos and all other tome, mdwansvq or haatdous wastes or materials including, boo not limited to. due fr dell Clem Au Aq the pedal Water Pollution Counsel Act, and the Canprdnaeuve Eawtonmadd Response. Compauamq and Liability Act of 19m as from hunt to time amended ('EnvironmmW Laws"). (a) It u ibe inlcouom of Dalaram thin an Structures; wrtbtn do Property be conmuctA smutted, erected, operated said maintained m that the property shalt beamthesically and atdntocpuany hamoomm. Acsadmgiy, except a othowtse provided his. should my Owner desire to upfd or momdcl its Unit following the uudal construction thereof and such upfnamg or romodeleng shall mob in a change to the exterior appearance of other Bdldmg, such Owner shall submit Plane (a bcmmafter defirmd , which moot be approved by the Declumt prar to the mmnmsan m: of construction. With respect to each Unit, pnor to the camnricemem of any convection whatsoever on wed Um4 or any pan thereof by an Own" IhacoG such Owner shall deliver to Dcclanau. in mplrextc, detailed plans and specifications far such proposed cmnrmeuon andfor upfnamg(cullechvely the"Plans") Declarant may disapprove Plans for say memo, mdudmg purely aesthetic rmom, which in on, sate discretion of Dclarant shall be dinned sufficient Declarml shall other approve or diwpprove Plans. darn thirty (]o) days of the receipt thereof although Declamt s approval of Plans may in sonic can be contingent upon the approval of such Plans by omrc or more thud panto, nucludmg olhcr Owreta and lmanb m the Pmpen y If Drelaram approveiPlans a 16 144MI 6 s =�$°qI�a b$$ n i �• 't' it 6Q �99999 • a ' Ili bS e t Isla I Rita .8 jj 8 > Is - d - NO n n BOCK PACE :76'1 0084 (c) L ...,t�,en_n Neithe Dedaml mr the pema; officam duadurs, treployae atdlor agrees of Deelum shag be Mlle to damages atolhvwiic to my Owao by reamer oroustske ofyudgtacol, oghgram or oonfeu,ao with* autarm is etrmeebM with airy ssltmtral or rmdtmind of Phea It rrevmw and appmval tinder this Deelmatam. Wdbwd the prior wnuen nramd of DaWao4 an, Ow. who ashmts or restmmda Plies may bring m atiou or net upend Dac cant, or Dedeaturs parmes, o(ficcm due"%ernployers and/or tgads m romvcs my arch damage, sal such puUa hereby rvlesq revere and guild, all churns,d®sods and macs ofacuoo fur datmtget arsiog out arm In aonnoo nwith a" initiate of)udgmenl, neOlgarim ar nmremance of Daelaml or daar&w psratem officer, dtreooe, amployees ad/ar agents sehbng to do renew and ap naval, droppmvrl or false to respond wdh renpeet to my Plum which ore suhmlusil or aaobmraed under that Deelaaem, ad such panics booby wave an nghh and etlulmtmts they may have code my proviaon or principle of low which prmrde that a gmea/ rela® door cot ealend to cho n4 demmds and caum of action not known at do amC the release h given. (d) No Liability for Denea or Other DefectL The sppoval of my Plans male ilia Doclaneton by DwJaraW shall not trnpma any IiWOdy air rsponsibWry whnsoaw upon Dcclaaot or its pmtnas, offices. duccum employees ammix, agcou (i) with respect to the comphanec or non-compliance of any aadt Plans, or my structures eroded a medalled m scmrdmxe therewith with applicable mamg ardmaeea, bwWag cotes, sigreege ordinances, or olber applicable govcntetmtal Isws, a hosece or regdWoet or (it) with respect to deface an or reWntg to the Plans, Including, without limWuak defbm relining to ert®ommg mottos, structural dcstp mutes and the quality or setabtiity, of reaternis (a) All construction activities within the Property doll be Pes6 to a good and workmmhke auener, siting frstclass nuic" and In eoatylimcc: with all Imes, rules, regulations, ardms, and ordmmee of the city, comedy. sate, sal federal govemmards, or any department or agency C ervot Invinsyaniodtcaurn eve the Properly (b) All construction, activities within the Propety dull be performed in aceosdmce with the following DavisiooG (1) co a not to ouosansbly into rare wdb any ConWUC ton work bemg performed on the «mantde of the Property (awry put thereof). (n) so a nor to unrvssomby interfere with Ibe ore, oaupacy or enjoyment army other portion of the property (or my put thercop or the business conducted on any other portion of the Property or by any oiler Owner mind (m) w a not to block my dnveways, eetranem or the throughways of the puking seas BOOK FACE (c) BorhOwnershaBd111gmt1yW completoall Zcoemrcbmavihewi�do Unit as godddy is f=hl% shell mph* (a needed) clean do roadways and drivaavys used by W oomwonon vdud=of most, dirt and mostruretron debris and, upon completion ofall camhrrbon udvma, shall promptly raters such -ff=W roodways and driveways to a condition which Is oatid to or better than the cwndman whkh,aided peer to the amm motawdafsuch we& ARTICLE VD Set uca L Qa►i®4 Doc a v a dug have 1be right and amberdy to obuin and mamtun such uammoo a Decl a et may Gam bore to time reuoirably deem drm6lq provided that such uuaaaaoe of of types and amomrs mamably, cmdaoauy air God don of ice looks in New Hanover County Noah Carolina, including without he ration covaagm ofthe types and Iuds act forth below, in sorb amounts a Declaim dell ramo ably doer advmblc (a) Fire and rnuuby iosugoce on all improvements and all Gabiro on the Property mchdmg the Buildings, Common Famhtm and s6 persaal property ad supplm comprising a portion of the Common Facshba All sorb pclucusadell pmvide that adjustment of Imes shall be approved by Doctarsel (b) Public Inability immaoco on the Property an such limits as Droluant May from time to time, determine to be customary for protects sumW in construction, location and use to Lummu Stattoo IL and customary An projects samla to I r mh Stances 11, covering Declarant, the mwagmg agent, daisy, and each Owner with respect to its liability angina out of the owrienoup oamtergiroq er repair of the Commom Facthba ad ono of the sclivrties of Dooluardwrth sopRt to the Comm Facuhtba. (c) Fidelity coverage aguest ddlanest acts on the pet of a6 petsoa, whether oRcem dnatoo, tnWea, employao, agents or independent oomroeton, responsible fete hmdimg limits, or the assessments, in m amoad determined by Dalumt on its daerchon. Anappmpnaiaedafamerttothepobeytocoverartype wboscrn without compensation dell be added of the policy would not otherwise cover volunteers. (d) Flood insurance on any Unug at portions tlrneof which aredetermmed m be within a flood none according to the appropriate governmental engine. (et Such other mrorance coverages, Including flood nrmrana and worker's compensation, as Dec cant shall determine ham ume to time to be desrrabla Premiums upon such insurance policies purchased by Declanm shall be paid by Declarant and collected from the Owners as pan of the assessments pursuant to Article V heteof 19 1M]Or] YY , BOOK PACE 2764 0SG6 SWJ12ML DRUM (a) bMiglIdWaLkinamaspads Otvm " maintain Ce Came to be maintained in fldl face and eQed mmpaehmavepublic ball tty allow= with a thumc ally responsible maoanco mopaey or cro puss; Detailed to do boducts in the StatcafNodb CanAb atwm%agdmckmmaemtmtoffomofhfc.boddylq(my at papa, dattage did any saw flag or be occasioned by the condition. use a asupa cy Of such Owlices limit. end such h»eameshill provide far a Twit of act leav than Om fdlitoo and Non00 Deliver (31.004000AO) for personal c r bodily uJazy or death to tray me poison, a lima of our it= Than One hLlbco and Ndt00 DoBsts (SI 000 000.00) for personal or badly spay in demh to ■sty number of peaaoor amng oat of any moocsanterwy and a Iron of oat has them One Mill, and Nd100 DoBcs (SI.000.00000)mrespect ofmyimaoecofproperty dmsgo. Suchimuraooeshall extend to the contractual obligation of the instead party failing out of the t demwAcabop obligations ad forth in this Declaration. Each Owner shall fimuh to Declared, and to any other Owsty aoqueuog the sacs ay. I dodo iostumm I bid shove bin full lisca and slices. Al policum of nwasoce sorted by any Oweoi pmraoite bercto shall mine Decimal as an additional nomad, and shall provide that the same may not be canceled (including, without hnuWion, a mot►vemand) or amended wrllmm at loan gutty (30) days prior written eoltca bang given by 'be him=to Decti ad. (b) Waiver of Submintioar Al such avmaroe doll amlado a w.mr of IsA ogama by the immor again the other Owners an long m the time is obtambk wntbad extra cost. If extra coal shall be chargeable Ihersfce, each parry doll addso the other thesmf ad the amount of the exmcaat, sod toe other parry, slits aisaaq may pry toe saoc bus shag not be obligated to do so Each Owner bereby waves airy ngbte of recovery sgam any abet Owner Its dsrcemn, offices, members, employaea, agmer, and tcasmb for any damage or eomequtmsal lam which as owared by or no Id be Covered by the policies required to be caned by such Ownerhesemder to dse Coital of amp I payable under such po0eha. (C) t7n..e tin Otmeoi over>.�. DecWanl shall ham she right and aolhonry from tutse to time as It may dean dnsabk, to amend the "a of envisages and amounts required of the Owners hesomdoi, pamd4 bows ver am sash aoveraga and amounts are r asomby customary fa fast class office parlor in New Nmmover County North Cambria ARTICLE Vlll Casualty Saipan 1 • Dclinuipm For the purposes of dus Article Villthe following tams shall hove the following mwmngs (f) "Casually" shill sows damage to or deatsuctan of the Bupithngs or any portion thereof by Ore homes= or other casualty at adder destructive event, or a taking of the use occupancy or title of the Buildings or any portion thereof by an welly cxerctrsng the powa of minent domain to any actual or threatened action or proceeding 20 1442M ', f BOOK PACE 2764 0007 PnmmA to eery law smoal or special. and shall baclide say moth faking made to attimmt of any such tblesterhad action erprormdtog; W ibo "Data ofCasuaW sballmein tbo dam on which Iho Castulty oomrq (m)'HWMW dull moo the ammea reeneed at started sit rnmpemtwn or da nW on account of a Cauchy. m bilivg'®seam prymmb or asndomnm awads, bas the reasonable aoa and expenses onurod m eouvotmag such amaut, (h•)"Major Casualty" dollmesa a Clanhy whereby the Bmldmgs crony pon lhamfato leafy destroyed or taken, or are to damaged or taken each tIM it would take man Than Igo days beam oommmd®enf of danww m until oao>Dltm to repair the Buildings or port.. theroef m tier stem before etch Dnle ofCasmit, and (h "Pawed Casualty" shall socan a Casualty which u eel a Myer Casualty Socticto2 Mum C43naft Ifa Mvw Camaby amps in any, Iful4 Dochomt TIM recongnct, reatoro, and repar the daniags mftcsed by the Casually ucksa bothCowle hen Assw ,,y..,e unardvnmly elect Thal Doclarad should not rebuuK with such elation to occur within Unity (30) days aver The Dam ofCas aby folbanag ientas outke b tho Ground Pend aced Au Panxl Ceodomuoom AssocaUms. If the Cmdom nt® Aemeutrota do eel tat as to rebold, the Declining shall reccosuo . rtpw, and Tame the thuts in accwt I with the Plain and Specifications.. aed aU Precincts; payabk with ratpect to du damaged or mhdamad Unit up to the arnamt needed for such raamtruwm or tqum (wdh the mceptm of Precede payable for the bens of personal property wrtlun each Unit) shall be paid to DalasmL In the event the Cadaamum Annotation does rot to mbmld, or in the event ocees Prcrede =avail" from reconstruction or repair, such Proceeds sbsi be distributed by Declarant to the Cordmnmtm Assecmhaa m the Psoma Shwm East Condom=®Asaocaum shall then distribute sub Praeeeds to Uori Ow® according to the p rcentagus m foM fat aae®Iana in The cordmmoiimr da4ubo s. In the event of a restoration after a h44or Casualty, We Owner of the damagsd U=t shall —wittroc, restore or repair the interior of such Una in a000r I with the Plms and SpenOotronr, to subatanbsty the scree aoodiUen as wait ewt omplatd upon Its initial costruetm, satym to di approve now of Decleaot es ass forth hatia To the intent Proceeds ale u amlable or inmifKted to aaempliib We IC41stiodsoik roccoc on at Rpe rof the Uat, then each Owner shall hind such s atiM with rrspat to s uh Owner a Unit. Section 3. Pmml umnin,. IfaPsws Ca uanyorma, Wen Deesaram sill reconstruct tams of teem The damage In accordancc with the Puna and SpahEemia s to substanhdly the same condition as was contempt" upon is hmhai eonmuclm, sad the Proceeds payable with respect to Tho nuurece policies shall be used for soh purpom. To the extent Proceeds arc uova labte or insuf mini to accomplish the raommxtion, re storalm or open Then each Owner shall fud such shortfall with teapect to such Owner a Uml Any cunt Procccds shall be dismhoted by Deelarea to the Condom nmn Asaoasuoos in the PtmW Shares Each Condonnnmm Association shill then disinbutc such Proads to Unit Owners accenting to the percentage:ct forth for assessments in the condemnation dalestmos. 21 latmrl y BOOR PACE 2764 0088 n:/I'r 1.9 Ca (a) VW3U p. The lam and pmrEnaos of Um Declaration " be appmunml in, and abaft nm wvb and bid kda b, tin Property and WIN thoeon and shall he binding upon end have to the bmftt of all Ow nm and Mongagcm of the Property ad of umts Ueterq ad thdr retpechn ban, cwmton, kgat repaesenutrvq a m== and acsi®m, and all other parties huafter Eavmg m mace in in any porum of the Properly or Umts Iheern and all psrue cla®mg by. dean& at order d m and aha0 be ad rotation in full fsroo and effog to the &OW carrot pamtUd by bar fora pared of twenty live (25) years @eta Use date of U(mg to Dahnhon as Rho OI&e of tie Register of Deeds tar New Hanover County. Nosh Carolina. TbaoRer as Uri in fmm stet Doll dball be cout used amamdrdly for mooesnve tm (10) yearperiods wrthom Radler notice and widsout Insulation, unless terminated a provided in Swum 11b) bdow is dus AdmIc I (. Every purchaser, grmtm or u&Wm of any interest in the Property or Units Urrem aid7aa to Ws Daimler, by aceapima of dad or alher inrhianmt of conveyance tbemfcec, dmeby arm lea the provisions of this Dalamou shall not wdh and bad role to the Property and Units tier® a povdd hereby NawrthOmdmg myWag to ft toatary mmmnl m lids Declaration. my m®eab st or iesaved baamda are and xbai1 be perpatud ed n mo- dosma to owe ad aldl m with me Property and Units them except to the mtml, if any odu mm providod as this Doolrahon. (b) The Declaration may be modelled, eu cis" or terminated by the recording of an agmman of madd adM mnedmmt or terminauan exeard by tie Voting Parba to which am annealed more Om fifty percent (50%) of the iota ender Article FV. Socll.a„ 1. pnmded, however no modification %hall be made watch finder bmdem say Unit widesid Um consent of the Ornerof suds Unrt, and the Florida Sham demibed m Article I and the pereanuga aargned to the Voting Parties in Article [V. Section I troy not be modified or m allocated without die imammnm onnsmt of erg Owen. No whiumding myddm to the contrary comrmd in this Declaration, to tie event Dednmt or its suwnmra or, amgm (a Doelarat) eamtoe(s) to own porlmm of the Property or one at mom Urou timers, no moddiation, watum item or tarnmutlon of thh Dehrshon rosy, be made without the approval of Deckra s aid its aiaxemrs and asalim (a Do lam). Any sods modification, amendment or termamton of Nis Deelud ou adopted in ocomdatee with llte provisions of tau Section His shaft be Waing upon all Owners and Mortgagor of the Pmperty or Umu thcmq ad Uiw rcWwhve bco%taccn= ad assigns. Every purchaser grantee or asagnoe of any interest m tie Property at Units therm abject to this Dalarauon, by acceptance of a dead or other instrument ofmnveyance therefor, thereby agrees that the provisions of do& Dmlarsuon shall run with and bid title to Urn Property and Units therein a provided hereby Notwithstanding my of the foregoing no jj lasted 1 BOOR PACE 27611 0009 modification or smaldmmt of this Declaatrea may results: any comsat, ayAoval or waver propaly Sven or ground pmmmt to the artiborty otthla Declaration. $20=1 Airy vnimm of the DsJ+a6ao, whether in whole or in pan, is herby declared to be a us mm mod. wittiest Im sess0% Dwh am or may Owner shall be entitled to avast itself crag rmedrs avaddak, der applicable bow or in equity Sir the abatmumt of a mnsame In addition to all other rights and time . ed foih htaeam. or otherwise avatlalb at law or in a" Ito Declaration may be admixed by peccoo ioya law or to equity against the Cadomwum Aaoeanoo, err ageless any Owno; permit, flans or other mury violating at anmtpoog to violate my covenant orcovmmb, rather to resuam the violation thercofur to receives damages together with Mona" allormys' fm and enmt costa. Father In the event Decisions Arils to act to enferm any covenant attentiveness heraio, myOwnar ofany Unit may enforce these rrmu born as a0attsd agora any other Owner NawrthCmdmg the rmegong, no enfacvmmt or the DmisrWas agmma a Otomd Pace) Owner by an Air Pawl Owner or vrmrms "I be undertaken except by and thmugls the Coodonu s m Aaocuaom; Provided. however nawdhozodmg the foagomg Dedamt my enfeme my obligation err restriction mthis Declarationdirectly agomWany Owner m -Van er themrfet, . a Cadammum Assoaatmn, m wbcb am my jrdgioml fen mosey shall com mire a Ben against all of the Units in the Condominium at the time the judgment is ttaeretI in arardaoce with N C Gen Sw 447C-3 117(4} Salmu3. NIX Any counts, mgoets m older mmmoeaatins tegmrod or permitted to be given under this Declaration shall be in wnd%and shall be delivered by hand or courier (including United Pascal Scone, Federal Expros and other such sauna) or mated by United Seta certified mall, return taco- requested, paaage prepaid and addresaod to the tau known addr®orDcland or apt' 0wne Any such totem, request mother communication shall be considered givenon thc die of such hand mmmnerdcirverym deposit in the United States mall, and shall be considered reserved on the data of hand or canter delivery or on send receipt following deposit in the United Stave awl a provided above. Rajsboe or other tefiml to accept or snsMitty to delivrertbbee® n= of changed addsof which to mum was pvm shag be deemed to be rccerpt of the notice, rostemt orother e®m m1aboo. By giving written norm in the mamer provided in this ,Sothon3. elfrabvo an roods t or ena,, delivery, at mho Ins needed address of Dslarans or the receiving Owner Denlarant or any Owner may (ions tone to it= and at any time change its nashng address oederthis Agiociond, and may also require that copies of notices be sent to its Mmkgagm. Any ounce. request or other coomuaalron required or permitted to be given by Doclaam in my Owner may be given by each Dedarad a or owners counsel The adders of the Dmisrom a as follows 1900 Eastwood Road Suite 10 Wihnmgtos, North Carolina 28407 Section 4" Partksllmalidtly Any mvairhitmorany, oremcoreorlhe restrictions set forth in this Declaration by pudgmeal court order of statute or rui m an the pan of Declared or its successors or cargos to anforcc any of sad restrictions shall in co way aired any orthe 2] IN20v2 BOOK PACE 276'1 C090 other provisions hermfor be downed a waiver of the right to mface nrL reandrma any luxe alter the woWtm dw=E SucLOaS. g t &u Mimi. wdw: &Low n abowm speet&ally pmvkw hawse the Declamon shall land and name to the beat& of and be enfereuabte by Doelarom and ns successors abd assigns (a DwAmma , and the On. or Owners of any Umt and tb* raI e - i c bam atmnsm and amps. The fanner of any permaemnlnd to sofmce tins Deelsatroa or eery ismisnm hereof to enfaeu same Wall unit be d®rd a waver of the right of so sn ch poison to enforce this Dechusli000rsay porno thereof thereafter wavvoranysttenipted waver of this Doetuatim with realism to any U % t Wait not be uYrsoed a waver divisors to try other Unit unq with mpaa to the Unit in Qumwt, as to any sulmqu nt violation. era slap the venlatiwi of this Declaration wdh rasped to any doe Unit affect the slip bty at mfotecalebty of tins DacWatm with respect to any other Umga) Swum 6 Rtftj&yLggh1. The nghta, powers, rnrmenb and reservations of Declunartt herein eontanned may be —, toady, ( L eorpmabooIs), Declaraot(s) or other legal emntytnes) which all assume the dubs of DwJarml pertaining to the rights. powers, easmxnes and emenvatwns assigned. and upon soy such peasoa(s), owpacaliags). Dectsangs) or other legit entity(m) evidencing his or W cannot in vmung to accept such oangwisot and assume suchdubs he or it shall have the imnc rights and powers and be subject to the ssme obligations and dorms as are gven to and assumed by E erlzW berem The temp "Deelaran4" m used Icncm. includes all such assignees. Any amgwiem or appaotraem trade wider this Station 4 shill be in recordable ram and shall be recor I in the appropriate land reaad ofikm for the junsdicton in which the PmpeM is located, and shall not be effective union and until m recorded. Notwithstanding the faegomg.bowers,no person, owpaatton, mother legal cmq may be the Doclaraa bersotunko such person, carpaanon, or other legal enbry is a Ground Panel Owas r If at any tivic during tho tenter this Declaruum Ihere ahallbe to Cuowd Parcel Own mUmg to serve a DmtwW lunermder than the Cnunnd Pared Cardamwtun Aasoaatmn shall be the -Duchum t" hereunder Section j, vnolattm of thh, Declaration skit not date or render undid the hen orany Mortgage made to good forth and for vduc upon any portion of the Property Any lam creed hereunder Wall be junior and subordinate to my such Mortgage unhw a suit to mf nice The same Wall have been Bled in a court of competent jurisdiction pnor to the recordation of such Mortgage, provided, however my Mortgagee in actual possession or any pushover at any trustee s, rrongagoe a or formlosme sale shall be bound by and be subject to this Declaration as fully a any ollw Owner of the Papery elTmir" upon the date or acquisition ScClurn9. ChainofTitk Pwchganlmh=morolhapcmnhnrntaedor occupancy me ept rig a conveyance, kasdnold interest in other dmm of an interest in or to or in connection worth any Unit whcth a or not the same incorporates or refer to the Declaration. mcnants for hnmselrur itself his or its has, successors and amps to observe vied perform sod he bound by this Doelanlionand to ineorpoate due Declaration by reference m any conveyance or IcaselmW estate or all or my portion orhis or its interest in my sal property subject hereto 24 1441nv1 g00fl PACE 276i1 0091 Satm 9. emWroua If any dtstvpmey, —flirt at ambrgrdry to farad to cud with rcwml to any maaerti ad Cash in this Deearmon, such smbigudy conflict ordieartpany shall be riwolvcd and determined by Dccbnot in is rob diracnm Declarant shall larva rho right to unnprct the ptovuiaon of sus Declaration and, in the abemce of am adjuacaben by a cams of cmtpetaopuuNcnon to the contrary as 000abuemo at interpretation, thrill be final and boding as to all pevams a property twmOted or bound by rho pmvmaos bcME Any oanlliet between my commmamo or u icipacsatrco of Dm1arN tied that of my other, prom c r misty entitled to enfwoc nay of to p avrsiooa bnmfshatl be resolved in frvar of the comtnctrm or traerpselWm of Docams. Scd=10. pD�Jp� 7biaDec4ntmntlWlootbecamnuedaa eondemm> w aoang a po 'Inbty of reverts tied m ponrm hereef d" bo deaned to visit in DeeWmt or my ashlar iwsoos my revernoaay Intact with typed to any Und Except ae provided above, all reversionary right are Adeby espresrh warvad by Dals m Sabon 11. Eximiet<,m of DaxtM-L Each Owmof my Uml or troy other party interested in the Property expressly agrm that m duty w obbgadm is tmpoted upm Daharra to coforoe or attempt to carom airy of the covenuoh car menlcbans contained harem nor aha0 Dmlanm be Sub}ed to airy ItWnbty of my bnd w nstmo whuswm vntb respect to nay third party as a malt of What; to coloroe acme. Fmthermme, Dectrmt shall have an, fiaWlay for mmdwy damage to the Cordomuuum Associations or to my Owmararising oW of the perfammx or non-perfamwtm of nay of Dociamt a duties w obfiguiom hereunder car the exaerse or non•exemse of its ng ds hocuMa Sectmn 12. Applicable Only to property Nothing contained in that Daelaraton shall be held or construed to impose any mtrxamta, covemous or marawa h on my attar and of Declarant except fw the land contained within the descripbm of the Property untrs bettafler spmficdty mbjcded by Datarad ro dme roanrdtons by a Supplemental Daaraion e permitted under section 2 of Arlifha 11 above. Section 13. $ No Owrne may subdivde any Unit as martially conveyed by Docarara without the prim wnaert consent of Daaram, which ecnsent may be granted a withheld in is sole discretion, inapt that Units may be Subdivided pumumt to the North Camlm Caidommam Ad and the condominium dalwiums filed to em1 the Air Paced and Ground Parcel Condominiums. However Dalanu t may provide frr the right often Oworr to subdivide a Unit in the deed conveying such Unit, and such approval shall remain effabve for the period of time specified in such deed Section 14. Govemme La This Dalantim shall be govemed by coammd under and enforced in accordance with the laws of the State ofNodh Carolina 29 NOW BOOK PACE ARUCLRX 2764 0092 vodaa Taatm ad Ocack ay do bacby 000:em k to M*Mbmof dw Dackmoial, and aB the tams and ponamm butat Won the P W aly and do bmby aglm tba m fatmkaao of the Dad ofThm shall n6ogwb thb D=brW m6 Bed do on paehawm Bay fambme Bak hdd Funum to the Dmd ofTma at paoke of agdmd is bm of kambamm shall Mm abjal to the tams of 1w Dcclatama IN WITNESS WHEREOF DalaW, Trus m, Bed Beoc&aay bave carved this Dalaratma to be duly mccutd n of the day Bed ym OW above acmes DECLARANT L Tt ON LLC Br Name: Tm1aa9E Tbk Mmuga BENEFICIARY CENTRAL CAROLINA BANK & TRtWr COWANY By Name �..—. A[ --- t -�- TtUc .L. !/,u Ptaidmt NUFRI I + SO VTRLAND ASSOCIATES, INC. or Nam TltW V, Pmddcut 26 144Wv2 T A 1 + � .i ti�tt goax PACE STATE OF NORTH CAROLINA ' 7 6 9 0 0 93 COUNTY OF n...a k%4m 1 _ D.a.a Nofay Poh6c of me Cmwy a ad S0Ce afonsai4 mbfy am lad Tomas16, MmagvAIMIINA STATION B, JI.C, a NOA CamEm Itmad 0ablbty COMYMAY. pally appeatd below mo Ws 67 ad actmridm d do cwcutlm of 0e fompwg fmtrummt on bd"ofad 1—and babibry camp oy Wlmsmyhoodand Offi"Wseal,dua nO44` dayofJuog2000r INOTARY SEAL) Z,fl l ra cl {- Nosy Po My wommmoo mtpama STATE OF NORTH CAROLINA COUNTYOF11AA 40aunt- `'+o wp i (N. C'm C a Notary Mgt ofdwSlateaba dComydmuld,ao*t tl. bn f&-wt a below me d= day ad atdmoaaWpd do be Is Se v..f fr/eJ • of CENTRAL CAROLINA BANK do TRUST COMPANY. a Nolte Caebm bmbmg mocmwo. cld Iba be, ul�jt a. P.LUJ t . bmog su aamd to do fa, eaacdd the krerm%m bddfofUampoaim. WITNESS my hmd ad ofEaal ml d ds A04� day of 5m. L .2000 My Comm nan Eap ier I01tll01, �,pTAJtr P`UB� '+oYCt� D I<...e C Notary Pub 27 144Wv2 0 BOOK FACE STATE OF NOR771 CAROLWA 2 7 6 4 D u 9 4 COUNIY OF A#..r N.e.urWl. Iy):hMe_fo .a Notoy PW& of de Stile and Comity ArwcuA oemry Iml Srtn.r/.tea. o.odl....*pa om0y came hefae tw Mo day d a kwwkdaM OW bo u v... F.n2 of SOITIFII.AND ASSOCIATES. MC. o Nm0 Con im mpor>dm, ad do ba as v... Pder4r t . bm * andioimd to do RA eaocted 18e 6 an bd W of de eoqxwal=L W ITNESS my bmd d o0w ug dds.io4' day or Sc..A . 2m My Commemm Eqp Ic% 1.1103 QfA-m of RORSm CAROUM ,w Hamm yi,r(q d wn PrriA Nr. v ...wed WWOMP4 M" DWWA N~ 28 IN2er2 r, r 1 r r t ' i BOOR PACE 8NUMMe 2764 0095 An From All ohbm pottlm of tied cuuin pass or paod of Ord ly ft betwea a botimttul plane m or above an ebvaban of 16ltty am and 9llpba (71.9) fed 1, a mean sa lean a edobbsbd by United State Coast and Geodetk Surrey Obdood Gooddin Vahcal Dan® of 1929) and a bonraoW plate at or below an dttranm of wveoq Are (73) fed above man ma leveland wNunthe udettor walls oftbe two bmldtop darn m the a rvey papal by Mkbad N Underwood dated June 14, 2000, (tefaence to rbieb is hmby made and winch it mompaemd herein by tafa amen) and bounded ad dammed as Mlowe BEING ALL OF LOTS 1, 2, 7, 9, 10, AND I OF A. P SOVTHFRLAND PROPERTY AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOOK; PAGE" NEW HANOVER COUNTY REGISTRY, REFERENCE TO WITCH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. 29 144204 v 1 Y t 4l I,tit/I TOOK PAGE 2764 a0a6 FVVIRfTR Lying and boos in New Hanover County, North Caolm and bcM morn pas uarbaly described as follow BEING ALL OF LOTS 1, 2.3.9. 10. AND 11 OF A. P SOIJIHCRI.AND PROPERTY AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOOR 2. PAGE SD, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION SAVE AND EXCEPT /mm that above. daoSod papery Oust portion of Wn certain preee or parcel of land lying bet- mo a bafraaW plane at or above to elevation of thirty one and 9J100u (J 19) fun above m n aes kvd as established by Unked States Coal and Gaodelie Survey (Na onal Oeadouc Veruol Damon of 1929) and a barmaid plain at or below so clevauan of cevcnty rive (7S) feet above mean m level and wuhm the intnmr walls of the two bmWap down an the survey pepar I by Micbsel N Underwood dated June 1/ 20M (refcreme to which ts hereby made ad which to mmrparaad bosun by ref rencc) and hwodd and described as fallewa BEING ALL OF LOTS 1, 2, 7, 9. 10, AND I 1 OF A. P SOUiHERLAND PROPERTY AS THE SAME IS SHOWN ON A MAP RECORDED W MAP BOOK 2, PAGE Sl. NEW HANOVER COUNTY REGISTRY REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION 70 14420,2 4' rat 'F ,,, I% i t ti41(