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HomeMy WebLinkAboutSW8970615_Current Permit_20051101VA Michael F. Easley, Governor G �O William G. Ross, Jr., Secretary �b r North Carolina Department of Environment and Natural Resources a y. y Alan W. Klimek, P.E. Director Division of Water Quality November 1, 2005 Mr. Edwin L. Burnett, III Barnes Bluff Associates, LLC 5001 O'Quinn Boulevard Unit J Southport, NC 28461 Subject: Stormwater Permit No. SW8 970615 Modification Barnes Bluff Subdivision Low Density Subdivision Permit Brunswick County Dear Mr. Burnett: The Wilmington Regional Office received a complete, modified Stormwater Management Permit Application for Barnes Bluff Subdivision on October 26, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 970615 Modification, dated November 1, 2005 for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not•supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 796-7215. Sincerely, Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:IWQSISTORMWATIPERMIT1970615.nov05 cc: Phil Norris, P.E., Norris, Kuske & Tunstall Brunswick County Building Inspections NCDOT — Division 3, District 3 Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405 3845 FAX (910) 350-2004 Internet. h2u.enr.state.nc.us One NofthCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Natulr,7 llf State Stormwater Management Systems Permit No.SW8 970615 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Edwin L. Burnett, 111, and Barnes Bluff Associates, LLC Barnes Bluff Subdivision Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications, and supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 32 lots is limited to a maximum amount of built -upon area as indicated in Section 11.11 of this permit, and per the ap roved plans. CAMA AEC regulations may reduce the allowable built -upon area for those lots within the 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25% per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:VJ1 as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. Page 2 of 6 State Stormwater Management Systems Permit No.SW8 970615 Modification 11. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be Akept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No pi ing shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. Page 3 of 6 State Stormwater Management Systems Permit No.SW8 970615 Modification 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure onggoing compliance with State Stormwater Management Permit Number SW8 970615 Modification, as iss::ed by the. Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is as listed below, in square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. Lots 1-5, 7, 9, 12-16, and 26-28 @5754; Lot 6 @5804; Lot 8 @8000; Lot 10 @5877; Lot 11 @6,212; Lot 17 @6205; Lot 18 @6243; Lot 19 @6357; Lot 20 @8875; Lots 21, 29, 30, 31, and 32 @10,000; Lot 22 @6253; Lot 23 @5920; Lot 24 @5771; and Lot 25 @5978; the common area is limited to a maximum of 8,301 square feet of built -upon area. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions, which contain all of the statements in Section 11.11, within 30 days of the date of recording. 13. If the permitter sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. Page 4 of 6 State Stormwater Management Systems Permit No.SW8 970615 Modification 14. 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 revised plans and certification in writing to the Director that the changes have been made. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats forte project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. 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 as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 6. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Page 5 of 6 State Stormwater Management Systems Permit No.SW8 970615 Modification Permit issued this the 1st day of November 2005. NOR H CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION P�� for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 6 A&K #03211 nUrTrV T TCR nMT V Pate Re eived Fee Paid Permit NTimh r -- L State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Barnes Bluff Associates LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): E. L. Burnett, III, Member - Manager 3. Mailing Address for person listed in item 2 above: 5001)K O'Quinn Boulevard (phi 3- City: Southport State: NC Zip: 28461 Telephone Number: (910) 454-7300 4. Project Name (subdivision, facility, or establishment name —should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): South+lar-beQ age (Barnes Bluff Subdivision) (N-On'.9- Chi C,e..) Location of Project (street address): Brunswick County, East of NC 133 Waterway Bridge City: Oak Island Mainland County: Brunswick 6. Directions to project (from nearest major intersection): Take Hwy. 133 (Old Beach Rd.). Turn left at the airport (Vanessa Rd.). Tum right on Fish Factory Rd Tum right onto Barnes Bluff Drive. 7. Latitude: 330 55' 24"N Longitude: 78104' 07"W of project 8. Contact person who can answer questions about the project: Name: Phil Norris, P.E. Telephone Number: (910) 343-9653 U. PERMIT INFORMATION 1. Specify whether project is (check one): New Renewal X Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number SW8 970615 And its issue date (if known) October 7, 1997 3. Specify the type of project (check one): X Low Density High Density Redevelop General Permit 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit Other NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Vecaetated Swales 2. Stormwater runoff from this project drains to the Cape Fear River Basin. 3. Total Project Area: 25.34 AC 4. Project Built Upon Area: 25 5. How many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area-2 Receiving Stream Name Atlantic Intercoastal Waterway Receiving Stream Class SA HQW Drainage Area 25.34 AC / 1,1031810 SF Existing Irn ervious * Area 0 Proposed Impervious* Area 6-3"3 AC / 275,949 SF Z IZR % Impervious* Area (total) 25% Impervious* Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings 4.91 AC / 213,805 SF On -site Streets 1.24 AC / 54,014 SF On -site Parkin 0 On -site Sidewalks 0 Other on -site (Common Area) 0.19 AC / SF U Off -site 0 Total: 6.33 AC /.*5;949 SF Total: T impervious area is aepnea as the built upon area including, but not limited to, buildings, roads, parking areas Sidewalks, gravel areas, etc. Z1VZCl Form SWU-101 Version 3.99 Page 2 of 4 7: How was the off -site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than See Attachment "A" square feet ofany lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runofJ`from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SW-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable supplement form(s) for each BUT • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment / management • Two copies of plans and specifications, including: - Development / Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property / project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. J. Phillip Norris, P.E. Designated agent (individual or firm): Andrew & Kuske Consulting Engineers, Inc. Mailing Address: 902 Market Street City: Wilmington State: NC Zip: 28401 Phone: (910) 343-9653 Fax: (910) 343-9604 VIIL APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) E. L. ammtt,T, � , Certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 211.1000. Signature: Form SWU-101 Version 3.99 Page 4 of 4 Date: /0-3p-03 01/24/2004 NON 10:56 FAI 919 343 9604 Norris, Kuske, Tunstall 005/006 State of North Carolina Department of Environment And Natural Resources Division of Water Quality MATIM OUALM 619MON COASTA S'1'm!1(l lb WA'I'E�;lll; PERMIT NAME/OGE„FORM 1. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: _ 5 W g q? Q w S (nod. 2. Permit Holder's Name: f5grn4ep 6I V 4' J OGl * . �. - L • . T. 3_ Signing Official's Name: • L • r� L Title: M WWk e4- - lr�+sm >egsil� Loin pQaoi / 4. Mailing Address: pp o ity: b+T State: Zip Cade: Prone: II. NEW OWNER / PROJECT / ADDRESS INFORMATION 1. This request -is for: (please check all that apply) _a. Change in ownership of the propetty/company (Please complete Items #2, 43, and #4 below) Xb. Name Change of project (Please complete Item #5 below) C. Mailing address change (Please complete Item #4 below) d Other (Please explain): 2. New owner's name to be put on permit: �q 3. New owner's signing official's name and title. Al (person I0rlly nmpwsible !br pumiq 4. New Mailing Address: /V ti city: State: Zip Code' _ phone. Pax- S. New Project Name to be placed on permit: e17, rr1 t, 5 on , RECEIVED JUL 21 2004 DWQ PROD # 05/t�4/Zp04 NON 1018 FAI 910 343 9604 Norris, Nuske, Tonstall 1006/006 PFRMIT NAME/OWN-ERSAIp CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documtion of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. 5. A signed Operation and. Maintenance plan; if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMtLXTED AND SIGNED By CURRENT PERMITHOLDER AND THE NEW APPLICANT IN THE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERbnTTEE'S CERTIFICATION. Current Permittee's Certification: I' 6 • L' rn I attest that this 2Pplieation for a namerawnership change been reviewed and is accurate and complete to the best of my knowledge. I understand float if all required parts of this applicadion are not ?Xe Pleted and if all required inon a M attaclnnents = not t � packeip will be ra mined as incomplete. Signature: 0?-20 - 4 New `�it t's Certmentioa: (M. R Oc compl w fW aU =.f. of owmhip) 11 ` &j rn 4. — for au that this application au ownership change has bec� reviewed and is accurate uadand conylete to the best of my knowledge. I if erstand that all !r�.rived parts of this appLcatYon are not c mmgpleted and that if all requiredsupporting information and as incomplete. attadsOnents are not inel-ed, p this application Signature: Date: THE CO PLETED APPLICATION PACKAGE, INCLUDING ALL SUPp0 G INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division Of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 ATM: Laurie Munn A&K #03211 Permit No. State of North Carolina (to be prodded by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name: South Harbor Village (Barnes Bluff Subdivision) Contact Person: Phil Norris, P.E. Phone Number: (910) 343-9653 Number of Lots: 32 Allowable Built Upon Area Per Lot*: See Attachment "A" * If lot sizes are not uniform, attach a table indicating the number of lots, lit sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. H. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the dccd restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor —the appropriate percent built upon area divided by 100. • RA Road Area — the total impervious surface occupied by roadways. • OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots — the total number of lots in the subdivision. • BUA/Lot — the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement, Form SWU-104 Version 3.99 Page 1 of 2 (SAxDF)—RA—OA=BUA No. Lots Lot Calculation: IL REQUIRED ITEMS CHECKLIST 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. a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River Basin may require additional buffers. b. Deed restriction language as required on form SW-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 211.1007 (2)(b)] Form SWU-104 Version 3.99 Page 2 of 2 LOT # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 COMMON JPN/asn 03211 10-23-03-att. A -rev. ATTACHMENT "A" BUILT -UPON SCHEDULE BARNES BLUFF SUBDIVISION REVISED 10-23-03 MAXIMUM FT TO BE BUILT UPON 5,754 5,754 5,754 5,754 5.754 5,804 5,754 8,000 5,754 5,877 6,212 5,754 5,754 5,754 5,754 5,754 6,205 6,243 6,357 8,875 10,000 6,253 5,920 5,771 5,978 5,754 5,754 5,754 10,000 10,000 10,000 10,000 8,130 RET I TOTAL 2a REV REC# CKAMT Cf CASH ` REF BY Brunswick County --Register_ of Deeds Robert J. Robinson Inst 4234674 Book 2030Page 4 10/21/2004 09:35:38am Rec# Z 0SL-t(o Prepared by and Return to: Stevens,McGhee,Morgan,Lennon & Toll STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK SECOND AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION This Second Amendment to the Declaration of Covenants Conditions and Restrictions for Barnes Bluff Subdivision, made this the Iq day of a , 2004, by BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, hereinafter referred to as "Developer"; and Barnes Bluff HOA, INC., hereinafter referred as the "Association"; W I T N E S S E T H: Whereas, Developer is the original owner of a certain subdivision of real property in Brunswick County, North Carolina, known as BARNES BLUFF SUBDIVISION; and Whereas, Developer did, on September 23, 1998, cause a certain"DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION" (hereinafter the "Declaration -)to be recorded in the Office of the Brunswick County Register of Deeds in Book 1259 at Page 1017; and Whereas, the said Developer did thereafter, on May 21, 2004, cause a certain "FIRST AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION" (hereinafter the "First Amendment")to be recorded in the Office of the said Brunswick County Register of Deeds in Book 1948 at Page 92; and WHEREAS, BARNES BLUFF HOA, INC., (hereinafter the "Association") is the nonprofit association which has been duly formed to manage the association of the homeowners within said subdivision; and WHEREAS, Developer, the Association, and the owners of more than 3/4 of the Lots within the subdivision have recognized the need to further amend the said Declaration to conform with the requirements of the State of North Carolina as the same relate to storm -water and permits issued by the said State in that regard, and, therefore, did vote to further amend the said Declaration, and further, did authorize, empower, and direct the Association to execute this said Second Amendment and to record same in the Office of the Register of Deeds of Brunswick County, North Carolina - RECEIVED OCT 2 6 2005 1 DWQ PROJ # 5 W$ aW (015 bast # 234674 Book 2.030Page: 5 NOW, THEREFORE, the Association, acting upon the direction and vo-e of more than three fourths of the Lot Owners within BARNES BLUFF SUBDIVISION, and the Developer, do hereby declare that the DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION, recorded in Book 1259 at Page 1017 of the Brunswick County Registry, and as the same were amended by that certain FIRST AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION recorded in Book 1948 at Page 92 of the Brunswick County Registry, are, pursuant to and as provided'by the terms of said Declaration, further amended as follows: ARTICLE X. GENERAL PROVISIONS i follows: s amended as Section 2. Enforcement of Storm Water Runoff Regulations as is stated in the First Amendment abov described is deleted in its entirety and the followe i is substituted in lieu thereof: ng "Section 2. Enforcement of Storm Water Runoff Re�c ulations The covenants set forth herein are intended to ensure the ongoing compliance with all exist Permits ing State Stormwater Management , and any and all approved Modifications issued by the Division of thereof, as Water specifically includi Quality under NCAC 2H.100o, ng State Stormwater Management Permit Number made a ) The State of North Carolina is hereby beneficiary of this Declaration to the extent enforce its stormwater runoff re amended from time to regulations as the samenmaysbe necessary to above noted stormwater1a and to maintain compliance with the shall run with the landand be binding permits) These covenants binding upon all persons and Parties claiming Lot shall be the amount tof msquare' feet ---_�, Built Upon Area for each allocation schedule for as is shown on an said State, a co each lot as has been established b PY of which is attached hereto and made a Y the hereof as Attachment Carolina shall revise "A„' unless and until the part a greater Built U its stormwater runoff State of North Upon Area for such regulations to permit this section, the maximum allowableLot or Lots. include that "Built U For Purposes of Portion of the right-of-wa Upon Area shall line and the edge of the y between the front lot but not e limitedPavement to, such built upon areas asphalt, concrete, , structures shall not include raised, brick, stone, slate pavement, decking, , open wood or synthetic omateriala' but 9, or the water surface of in accordance with a a swimming pool, and if applicable government re Any Owner may, prior approval is granted b gulations, and when rtment of Environment and Natural y the North Carolina De borrow from another Owner an Builes, Division of Water panty, utilized b Y Built Upon Area which is notality, not involvedinsuch rtransactionhout the being aPProval of any Owner(s) Association. However, rior the Developer, or the Water Quality must be rirst obtarned.val by the said Division of Any covenants pertaining to stormwater regulations g bons may K, Inst # 234674 hook 2030Page: 6 0 y not be changed or deleted without the concurrence of the said Division of Water Quality of the North Carolina Department of Environment and Natural Resources. Lots within the Area of Environmental Concern (AEC) of Coastal Area Management (CAMA may have the built -upon area reduced to LAMA jurisdiction within the AEC. Alteration of the drainage as shown on the approved plan shall not talce place without the concurrence of the State of North Carolina. Furthermore, all drainage easements, and/or any portion thereof which is located on any portion of any lot within the subdivision shall be preserved, protected, and maintained by the owner of said lot. Further, the filling in or piping of any vegetative conveyances (ditches, swales, etc.) within or used by the subdivision, except for average driveway crossings, is strictly prohibited. ilia r s f ce waters. All roof drainsetween shall terminateall vatuleastathirt s300) fe from the mean high water mark of surface waters. y( feet Except as is further amended hereby, the Declaration of Covenants Conditions and Restrictions BANES BLUFF SUBDIVIONS as recorded in Book 1259 at Page 1017 of the Brunswick County Registry, as was previously amended by that certain First Amendment to the Declaration of Covenants Conditions and Restrictions BANES BLUFF SUBDIVIONS recorded in Book 1948 at Page 92 of the said Brunswick County Registry, is hereby ratified, confirmed, re -declared, and re -adopted. IN WITNESS WHEREOF, BARNES BLUFF HOA, INC., through its duly authorized officers, has executed this Second Amendment to the Declaration of Covenants Conditions and Restrictions for BARNES BLUFF Subdivision document as the act and deed of the said BARNES BLUFF HOA, INC., and BARNES BLUFF ASSOCIATES, LLC, the Developer herein, has caused this document to be executed in its name by its duly authorized Member -Managers, all as of the day and year firs .' written. n pIAPORgrFTf, SEAL IM •s ATTEST • • sist`ant Secretary Wsistayit Secretary (CORPORATE SEAL) BARNESABLUFF HOA, INC. By: ice President BARNES BLUFF ASSOCIATES, L.L.C. By: Wilmington Holding Corp. fe mbe - Manager rBy: resident 3 Inst # 234674 Book 2030Page: 7 By: VIA,BeLECORP., Member -Manager By: President A� yZ �cretary EAL ) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Jerry Thomason personally came before me this day and acknowledged that she is the Assistant Secretary of BARNES BLUFF HOA, INC., a North Carolina non-profit corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by OM )(her) self as its Assistant Secretary, as duly authorized by the Board of Directors, on behalf of and as the act and deed of the said BARNES BLUFF HOA, INC. 0 WITNESS d '`o, '`<t?q_tober �Y1:. , fi+�r;. �,. my hand and official stamp or seal, this 19th , 2004. -,expires: ,;�_0a& SA.,TF."OF • NORTH CAROLINA COUNTY•- 'OF NEW HANOVER Notary Public yvar�r�,e_. /-2, 5�e,, I, a Notary Public of the County and State aforesaid, certify that Jerry Thomason personally came before me this day and acknowledged that she is the Assistant Secretary of Wilmington Holding Corp., a North Carolina corporation, which corporation is a Member -Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President., sealed with its corporate seal and attested by herself as its Assistant Secretary, on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. WITNESS my hand and official stamp or seal, this 19th day of October 11 2004. rya:• ,.' ...? . .-;, �hiy'on�{nsss�on expires: Z67 cog Notary Public y0e171n7 � J�e Q 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Inst- # 234674 Book 2030Page: a I, a Notary Public of the County and State aforesaid, certify that Alton Y. Lennon personally came before me this day and acknowledged that he is the Assistant Secretary of Viable Corp., a North Carolina corporation, which corporation is a Member -Manager of BARNES BLUFF POINT ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Assistant Secretary, on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. WITNESS my hand and official stamp or seal, this 19th day of October , 2004. !/v0,7�Mory �blcue e My commission expires: AYL2004M:BBSECAMEN STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of YVONNE R SNEEDEN Notary(ies) Public is (are) Certified to be Correct. This -instrument was filed for Registration on this _ in the Book and page shown on the First Page hereof. 21stDay of WJRO October 2004 RONSON, Register of Deeds 5 Inst # 234674 Book 2030Page: 9 RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL Inst # 211060 Book 1948page: 100 ATTACHMENT "A" BUILT -UPON SCHEDULE BARNS SLUFF SUBDIVISION LOT # ACRES MAXIMUM FT TO BE BUILT UPON 1 0.46 2 0.46 5754 3 0.46 5754 4 0.47 5754 • 5 0.48 5754 6 0.53 5754 7 0.47 5804 8 0.51 5754 9 0.46 8000 10 0.54 5754 11 0.46 5877 12 0.46 6212 13 0.46 5754 14 0.46 5754 15 0.46 5754 16 0.46 5754 17 0.57 5754 18 0.58 6205 19 9.59 6243 20 0.93 6357 21 1.21 8875 22 0.58 10000 23 0.54 6253 24 0.53 5920 25 0.55 5771 26 0.39 5978 27 0.49 5754 28 0.52 5754 29 1.21 5754 30 1.99 10000 31 2.06 10000 32 2.15 10000 COMMON 0.87 10000 8301 ntimisbbschedule. Nam' RECEIVER JUL 2 1 g _,wick County -Register eds of De f"C(-7Q(e(5 Rober.tJ.Robinson Inst #211060Book 194,9page 92 PRW # J�'10f� LCIOS-IS' 05/21/2004 12.26.06Qm Rec# Drawn by and Return to Stevens, McGhee, Morgan, Lennon & Toll, LLP STATE OF NORTH CAROLINA) FIRST AMENDMENT TO THE DECLARATION OF ) COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF BRUNSWICK ) BARNES BLUFF SUBDIVISION LctTToTAL CK AMT Cl{ REC# �..��� � BY nr.F �— r,ASH `""�' Inst # 211060 Book 19481'age: 93 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK 1tST r ' TXI? + This First Amendment to the Declaration of Covenants Conditions and Restrictions for Barnes Bluff Subdivision, made the by BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, hereinafter referred to as "Developer"; W I T N E S S E T H Whereas, Developer is the owner of certain real property in Brunswick County, North Carolina, known as Barnes Bluff Subdivision, which is shown on certain maps thereof recorded in the Office of the Register of Deeds of Brunswick County, North :arolina, in Map Cabinet 20 Pages 77 and 78, and Map Cabinet 20 Page 277 to which maps reference is hereby made for a more particular description (the "Subdivision"); and Whereas, Developer_ did, by that document entitled "Declaration of Covenants Conditions and Restrictions Barnes Bluff Subdivision" (the "Declaration"), same being dated September 23, 1998, and recorded in Bc -7' of the Brunswick County Registry, declare that the subdivision described above shall be held, sold and conveyed subject to the certain easements, restrictions, covenants, and conditions, which were and are for the purpose of protecting the value and desirability of, and which shall and do continue to run with the land and be binding on all parties having any right, title or interest in the Subdivision or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof; and Whereas, Developer has determined that it is in the best interests of the subdivision and all present and future owners of lots therein to amend the said Declaration, all as is herein set forth. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OTHER VALUABLE CONSIDERATIONS, DEVELOPER DOES HEREBY AMEND THE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BARNES BLUFF SUBDIVISION AS FOLLOWS: TO ARTICLE I. DEFINITIONS add the following: Section 15. Master Association shall mean and refer to "South Harbour Master Property Owners Association, Inc." and/or "South Harbour Master POA, Inc.", of which Barnes Bluff HOA, Inc. shall be a member. ARTICLE VI. ASSESSMENTS shall be amended as follows: Sections 1. Through Section 9., inclusive, shall be amended to read as follows: "Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association, and, through the 1 Inst # 211060 Book 1948Page: 94 Association to the Master Association, Annual and Special Assessments, (collectively the "Assessments"). The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The Assessments levied by the Association may be used for.any or all of the following purposes --operation, maintenance and improvement of the Common Property and any drainage or utility easements within the Subdivision; landscaping and/or fencing of easements reserved over Lots; enforcing this Declaration; paying taxes and any insurance premiums on or for the Common Property and any drainage or utility easements within the Subdivision, legal and accounting fees and governmental charges; establishing working capital; and in addition, doing any other things necessary or desirable to further the above purposes. It is expressly understood that assessments levied by the Association or the Master Association may also be used for paying a prorated share of the costs of the maintenance and improvement of all private and/or non - state maintained roads which provide access to the subdivision. Section 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year to year by the Board which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount of the Annual Assessment against each Lot for any given year shall be fixed prior to January 1 of such year; provided, however, that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board and the Board shall have the authority to allow the assessments to be paid in pro rata installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased each year not more than five percent (5%) above the Annual Assessment for the previous year without a vote of the Members. K Inst # 211060 Book 1948Page: 95 B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased above five percent (5%) only by a vote of the Owners of two- thirds (2/3rds) of the Lots, voting in person or by proxy at a meeting duly called for such purpose. C. The Board may increase the amount of the Annual Assessment to Four Hundred Fifty Dollars ($450.00) per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subsections shall apply to an annual increase. Section 4. Special Assessments for Capital Improvements . In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year equally against the Lots, a Special Assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property or any drainage or utility easement in the Subdivision, whether owned by the Association or not, including fixtures and personal property related thereto, provided that any such assessment shall be approved by vote of the Owners of two-thirds (2/3rds) of the Lots voting in person or by proxy at a meeting duly called for such purpose. Further, the Association may assess its members to pay for assessments levied upon the Association by the Master Association. Section 5. Notice and Ouorum For Anv Action Required to be Approved by the Members Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action by the Members authorized under Section 3 and 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies entitled to cast the votes for sixty percent (60%) of all of the Lots shall constitute a quorum. If a quorum is not present at such meeting, the meeting may be adjourned for lack of a quorum, until a date specified in the motion to adjourn for lack of a quorum, on which date a second meeting shall be held. The required quorum at such second meeting shall be one-half (1/2) of the required quorum at the first meeting. No such second meeting shall be held more than sixty (60) days following the first meeting. Section 6. Uniform Rate of Assessment. The Assessments must be fixed at the same amount for each Lot and may be collected on a monthly basis. Provided, however, in the event that maintenance, repair or replacement of any part of the Common Property is caused through the willful, or negligent act of an Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the Assessment to which such Owner's Lot is subject. 3 Irist. 1 211060 Book 1948Page. 96 Section 7. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from the Developer. If such date assessments commence is not on January 1, the assessment for the Lot for such first year shall prorated. The Developer shall not be required to pay Assessments, except as may be required by law to do so. Section 8. Effect of Nonpavment of Assessments And Remedies Of The Association. Any Assessment, whether it be levied by the Association or the Master Association, not paid within thirty (30) days after the due date shall bear interest from the due date of the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Property or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. Section 9. Subordination Of The Lien To Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. Add the following as Section 10. "Section 10. Action by Master Association. All Owners acknowledge and agree that the Master Association may, in its sole discretion, levy assessments, both regular as well as special assessments for such lawful purposes as may be deemed necessary by the Board of Directors of the said Master Association. Any such assessments shall have .the same force and legal effect, and may be enforced in the same manner, as any assessment levied by the Barnes Bluff HOA, Inc." ARTICLE VII. ARCHITECTURAL CONTROL/CONSTRUCTION shall be amended as follows: Section 9. Driveways., shall be amended to read as follows: "Section 9. Driveways. Driveways are to be constructed in accordance with the standards of the North Carolina Department of Transportation and, further, shall be constructed of such materials as are approved in writing for that specific driveway by the Developer and/or the Architectural Control Committee." Section 11. Sodding and Irrigation of Front Lawns shall be amended to read as follows: 4 Inst N 21.1.060 Book 1948Page. 97 "Section 11. Sodding and Irrigation. All front and side lawns on Lots on which a residence exists shall be sodded from the site of the residence all the way to the paved surface of all of the roads providing either pedestrian and/or vehicular access to the dwelling. All lawns of residences situate on corner lots shall be sodded to the paved surface on the front and sides of said lots. Further, all said lawns shall be adequately watered by an underground -pipe irrigation system." Add as Section 13, the following: Section 13. Drainage easement maintenance; vegetative conveyances. All drainage easements, and/or any portion thereof which is located on any portion of any lot within the subdivision shall be preserved, protected, and maintained by the owner of said lot. Further, the filling in or piping of any vegetative conveyances (ditches, swales, etc.) within or used by the subdivision, except for average driveway crossings, is strictly prohibited." ARTICLE X. GENERAL PROVISIONS is amended as follows: Section 2. Enforcement of Storm Water Runoff Regulations. is amended to read as follows: "Section 2. Enforcement Of Storm Water Runoff Regulations. IThe State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time. The Built Upon Area for each Lot shall be the amount of square feet as is shown on Attachment "A" which is attached hereto and made a part hereof, unless and until the State of North Carolina shall revise its storm water runoff regulations to permit a greater Built Upon Area for such Lot or Lots. For purposes of this section, the allowable "Built Upon Area" shall include that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, or slate, but shall not include wood or synthetic material decking. Any Owner may, in accordance with applicable government regulations, borrow from another Owner any Built Upon Area which is not being utilized by the other Owner, without the approval of any Owner(s) not involved in such transaction, the Developer, or the Association. o Any covenants pertaining to stormwater regulations may not be changed or deleted without the concurrence of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. Lots within the Area of Environmental Concern (AEC) of Coastal Area Management (LAMA) may have the built -upon area reduced to CAMA jurisdiction within the AEC. Section 5. Amendment of Declaration. is amended to read as follows: "Section 5. Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of Brunswick County executed by the duly authorized officers of the Association upon the vote of the Owners of not less than three fourths (3/4ths) of the Lots. In no event may this Declaration be amended so as to deprive the 5 Inst. 9 21.1.060 Book 1940Page. 90 Developer of any rights herein granted or reserved unto Developer, unless the Developer consents to such amendment in writing. Section 10. Lot Maintenance. is amended to read as follows: "Section 10. Lot Maintenance. In the event that any Owner shall fail or refuse to keep his Lot free from weeds, underbrush, refuse piles, unsightly growth or objects, or shall fail to keep his front and/or side lawns sodded and irrigated in accordance with Section 11, Article VIII, or fail to comply with the provisions of Section 13 above or any other provision hereof, then, after thirty (30) days notice from the Architectural Control Committee or the Association, the Association or its designee may enter upon the Lot and remove such weeds, underbrush refuse piles, unsightly growth or objects, or cause such lawn to be sodded and irrigated, at the expense of the Owner. Such entrance shall not be deemed a trespass, and in the event of such removal or correction a lien shall arise and be created in favor of the Association for the full amount of the cost thereof, including collection costs, and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by court proceedings as provided by law for enforcement of liens." Except as is amended hereby, the Declaration of Covenants Conditions and Restrictions Barnes Bluff Subdivision recorded in Book 1259 at Page 1017 of the Brunswick County Registry is hereby ratified, confirmed, re -declared, and re -adopted. IN WITNESS WHEREOF, BARNES BLUFF ASSOCIATES, L.L.C., the Developer herein, has caused this First Amendment to the Declaration of Covenants Conditions and Restrictions Barnes Bluff Subdivision to be executed in its name by its duly authorized Member -Managers, the day and year first above written. �,��+;�'M"1� sy��, BARNES BLUFF ASSOCIATES, L . L . C . , ..••••••..0 �., By: Wilmington Holding Corp. �,► co p� : Me Manager r,Z p ' By: •. %:' ,r Vice President Assistant deciretary (CORPORATE SEAL) A.,. vrnur.v rinnn —'per-Manager 2-1 (Seal) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Dist; 11 2211060 Book 1948Page: 99 I, a Notar Public of tie County and State aforesaid, certify that S,�QJe. %�f> ,Q�j)1J personally came before me this day and acknow edged that he (or she) is the Assistant Secretary of Wilmington Holding Corp., a North Carolina corporation, which ^orporation is a Member -Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by herself as its Assistant Secretary, on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. my hand and official stamp or seal, this %_ day of , 2002. - r R': �' ��CI • ei !`'ti•�,� Notary Public My dt ni.ssion expires: kl 2� lio0 'TATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Alton Y. Lennon personally came before me this day and acknowledged that he (or she) is the Assistant Secretary of Viable Corp., a North Carolina corporation, which corporation is a Member - Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Assistant Secretary, on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. ASS my hand and official stamp or seal, this _� day of ''�► �� 2002. 4*.Notary Public %ion expires: G ) ACIct. 0; 'NORTH CAROLINA CO Y OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that ALTON Y. LENNON, personally came before me this day and acknowledged that he is a Member -Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that the said ALTON Y. LENNON, executed the foregoing instrument on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. z7SS my hand and.official stamp or seal, this �_ day of L� , 2002. �•r�= ''.f Notary Public ° L... My'4"Ission expires:_ 40 • fir. '••<' u 4�' 4QlAuBBAMENDDEC STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of YVONNE R SNEEDEN Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 21st Day of May 2004 in the Book and page shown on the First Page hereof. O'er. Ro r r ran. rr c NT n.,,.:..,.... .. ... Insk # 21.1060 Book 1948Page .- 100 ATTACHMENT "A" BUILT -UPON SCHEDULE BARNES BLUFF SUBDIVISION LOT # ACRES MAXIMUM FT TO BE BUILT UPON 1 0.46 5754 2 0.46 5754 3 0.46 5754 4 0.47 5754 5 0.48 5754 6 0.53 5804 7 0.47 5754 8 0.51 8000 9 0.46 5754 10 0.54 5877 11 0.46 6212 12 0.46 5754 13 0.46 5754 14 0.46 5754 15 0.46 5754 16 0.46 5754 17 0.57 6205 18 0.58 6243 19 9.59 6357 20 0.93 8875 21 1.21 10000 22 0.58 6253 23 0.54 5920 24 0.53 5771 25 0.55 5978 26 0.39 5754 27 0.49 5754 28 0.52 5754 29 1.21 10000 30 1.99 10000 31 2.06 10000 32 2.15 10000 COMMON 0.87 8301 RECEIVED numisbbschedule. JUL 21 2004 DWQ PROJ # 8K1259PG1017 STATE OF NORTH CAROL�IKPC OR RtGISTRAT1oti T::-•• . _ - - ^""1°S h1L _ ..�_...:.- _7�-_� _,1; _ C_-.. �: i S iTJD a�r�w 77-- .11JIVOil COUNTY OF BRUNSWICI MQU -.0 PIS 12: 09 BAF� � L�� ULvtVzSiCEN This DeclaraticRdiii'nadlP.,Phe„ 0day of 2 - by BARNES BLUFF Ol d*ib� � .L.C., a Nort Caro ina Limited Liability Company,&M#ifi .V, Inferred to as "Developer";. W I T N E S S E T H Whereas, Developer is the owner of certain real property in Brunswick County, North Carolina, known as Barnes Bluff Subdivision, which is shown on certain maps thereof recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, in Map Cabinent 20 Pages 77 and 78, and Map Cabinent Zu Page 277 to which maps reference is hereby made for a more particular description (the "Subdivision"). Now, therefore, Developer hereby declares that the Subdivision described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the land and be binding on all parties having any right, title or interest in the Subdivision or any part thereof,. their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I. o43 DEFINITIONS 00 Section 1. Additional Property shall mean and refer to any lands which may be hereafter be annexed to and made a part of Barnes Bluff subdivision by the Developer, pursuant to Article X hereof. Section 2. Association shall mean and refer to Barnes Bluff HOA, Inc., a North Carolina non-profit corporation now or soon to be formed, its successors and assigns. Section 3. Assessments shall mean the Assessments defined in Article VII hereof. Section 4. Board of Directors or Board shall mean the board of directors of the Association. Section 5. By -Laws shall mean the by-laws of the Association, as the same may be amended from time to time. Section 6. Common Area shall mean and refer to that part of the Common Property designated by the Association from time to time for use by the Members and such other persons as the Association may from time to time permit. Section 7. Common Property shall mean and refer to all real estate and interests in real estate owned by the Association, and any recreational facilities, pools, tennis courts, or other improvements constructed on or under such real estate or interests in real estate. Section 8. Developer shall mean and refer to Barnes Bluff Associates, L.L.C., its successors and assigns. Section 9. Declaration shall mean this instrument as it may be from time to time amended or supplemented. Section 10. Lot s shall mean and shown upon the map(s) of the Subdivision 20 Pages 77 and 78 and Map Cabinent 2n RECEIVED 1 refer to any numbered lot recorded in Map Cabinent Page 277 of the A N. 0 4 2'-J32 DWQ PROD # .S(A) 0? I_ COG5 8K1259PG1018 Brunswick County Registry and any numbered lot shown on any map or maps of any Additional Property recorded in said Registry. Section 11. Member(s) shall mean and refer to the Member(s) of the Association. Section 12. Membership shall mean and refer to the rights; privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each Member of the Association. Section 13. Owner(s) is defined in the articles of incorporation of the Association, to -wit: all persons owning a freehold estate in one or more Lots, either alone or with other (s) . "Persons" and its singular, include all entities capable of owning a freehold estate in land. Owner(s) does not include persons who do not own a freehold estate in a Lot, including, but not limited to, persons holding or owning interests as security for repayment of indebtedness. Section 14. Subdivision shall mean Barnes Bluff Subdivision. as shown on the maps above referenced recorded in ther Brunswick County Registry and any Additional Property. ARTICLE II. COMMON PROPERTY Section 1. Property Rights. The use, occupation, and possession of the Common Property shall be in accordance with rules and regulations adopted by the Association, as the same may be amended from time to time. No Owner shall have any right or easement to use, occupy, or possess any part of the Common Property, except pursuant to such rules and regulations. Section 2. Management and Control. The Common Property shall be managed and controlled exclusively by the Association. All maintenance, repairs, modifications, or replacement of any part of the Common Property shall be performed only by the Association, or its designee, except that an Owner may landscape and maintain easements owned by others on his Lot as permitted by rules and regulations adopted by the Association from time to time, and the Board may permit the Developer or its agents to maintain and operate a sales office in or on any part of the Common Property, for and at such time or times as the Board may deem appropriate. ARTICLE III. EASEMENTS; STREET LIGHTING; ACCESS TO LOTS Section 1. Easements. Perpetual, alienable easements for the installation and maintenance of drainage facilities and underground utilities (including, but not limited to, water, telephone, electric, and sewer lines and facilities) are reserved to the Developer, its successors and assigns, in, under, and over the Subdivision apd the Common Property, which shall be easements appurtenant, running with the land. Said easements shall inure to the benefit of the Developer, its successors and assigns. Section 2. Street Lighting. The Developer reserves unto itself, its successors and assigns, the right to subject the Subdivision and the Common Property to a contract with Carolina Power and Light Company for the installation of street lighting, which contract may require a continuing monthly payment to Carolina Power and Light Company by each resident customer for street lighting service. Section 3. Access to Lots. The Association shall have the right to go onto any Lot at reasonable times for the purpose of maintaining, repairing and replacing any drainage facilities and 2 5K1259PG1019 underground utilities located on such Lot; and a right of entry and easement is hereby reserved and granted to the Association for such purposes. The Association shall repair and restore any landscaping disturbed by such activities as required by rules and regulations adopted by the Association from time to time. ARTICLE IV. MEMBERSHIP AND VOTING RIGHTS Membership in the Association, and the voting rights of the Members, shall be as set forth in the Articles of Incorporation of the Association and the By -Laws. ARTICLE V. MANAGEMENT AND CONTROL 1. The Association shall be managed and controlled by the Board in accordance with the Articles of Incorporation of the Association and the By -Laws. 2. Until such time as ninety percent (90%) of the Lots in the Subdivision, and ninety percent (90%) of the lots in each tract of Additional Property added to the Subdivision, have been sold and conveyed by the Developer, but in any event no longer than December 31, 2015, the Developer shall have the right to appoint all of the persons who shall serve as members of each Board of Directors of the Association. ARTICLE VI. ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association Annual and Special Assessments (collectively the "Assessments"). The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The Assessments levied by the Association may be used for any or all of the following purposes --operation, maintenance and improvement of the Common Property and any drainage or utility easements within the Subdivision; landscaping and/or fencing of easements reserved over Lots; enforcing this Declaration; paying taxes and any insurance premiums on or for the Common Property and any drainage or utility easements within the Subdivision, legal and accounting fees and governmental charges; establishing working capital; and in addition, doing any other things necessary or desirable to further the above purposes, as set forth in the budget or amended budget adopted by the Board. Section 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year to year by the Board which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount of the Annual Assessment against each Lot for any given year shall be fixed prior to January 1 of such year; provided, however, 3 8K1259PG1020 that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice' of each Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board and the Board shall have the authority to allow the assessments to be paid' in pro rata installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased each year not more than five percent (5%) above the Annual Assessment for the previous year without a vote of the Members. B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased above five percent (5%) only by a vote of the Owners of two-thirds (2/3rds) of the Lots, voting in person or by;proxy at a meeting duly called for such purpose. C. The Board may increase the amount of the Annual Assessment to Four Hundred Fifty Dollars ($450.00) per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subsections shall apply to an annual increase. Section 4. Snecial Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year equally against the Lots, a Special Assessment applicable to the year only for the purpose of defraying; in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property or any drainage or utility easement in the Subdivision, whether owned by the Association or not, including fixtures and personal property related thereto, provided that any such assessment shall be approved by vote of the Owners of two-thirds (2/3rds) of the Lots voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Quorum For Any Action Required to be Approved by the Members Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action by the Members authorized under Section 3 and 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies entitled to cast the votes for sixty percent (60%) of all of the Lots shall constitute a quorum. If a quorum is not present at such meeting, the meeting may be adjourned for lack of a quorum, until a date specified in the motion to adjourn for lack of a quorum, on which date a second meeting shall }pe held. The required quorum at such second meeting shall be one-half (1/2) of the required quorum at the first meeting. No such second meeting -shall be held more than sixty (60) days following the first meeting. Section 6. Uniform Rate of Assessment. The Assessments must be fixed at the same amount for each Lot and may be collected on a monthly basis. Provided, however, in the event that maintenance, repair or replacement of any part of the Common Property is caused through the willful, or negligent act of an Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the Assessment to which such Owner's Lot is subject. 4 BK1259PG1021 Section 7. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from the Developer. If such date assessments commence is not on January 1, the assessment for the Lot for such first year shall prorated. The Developer shall not be required to pay Assessments Section 8. Effect of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date of the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Property or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. Section 9. Subordination Of The Lien To Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE VII. ARCHITECTURAL CONTROL/CONSTRUCTION Section 1. Developer's Rights. All rights, duties and responsibilities conferred by this Article shall be exercised and performed by the Developer or its designee, so long as the Developer owns any Lot within the Subdivision. When the Developer no longer owns any Lot within the Subdivision, all such rights, duties and responsibilities shall be exercised and performed by the Association, which may delegate the same to an Architectural Control Committee appointed by the Board. Section 2. Building and Site Improvements. No structure (including but not limited to dwellings, walls, fences, garages, and outbuildings) shall be commenced, erected, placed, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted in writing and approved in writing as to harmony of external design and location in relation to surrounding structures and topography. If such written }Mans and specifications are not approved or disapproved in writing within thirty (30) days after the same have been submitted, approval under, this Article will not be required and this Article will be deemed to have been fully complied with. Approval or disapproval of any such plans, location or specifications may be based upon any ground, including purely aesthetic and environmental considerations, that may in the sole and uncontrolled discretion of the Developer, the Association, or Architectural Control Committee, as the case may be, be deemed sufficient. One copy of all such plans, specifications, and related data shall be furnished to the Developer, the Association, or Architectural Control Committee, as the case may be, to retain for its records. Neither the Developer, the Association, nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. 5 B1(1259 @G 1022 Section 3. Approval of Plans. No house plans will be approved unless the proposed house shall have a minimum of Two Thousand Two Hundred (2200) square feet of enclosed, heated dwelling area for Lots 1 through 20, inclusive, and a minimum of Two Thousand Five Hundred (2500) square feet of enclosed, heated dwelling area for Lots 21 through 32, inclusive. .The term "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. Section 4. Setbacks. Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Developer, the Association, or the Architectural Control Committee, as the case may be; provided, however, that no dwelling shall be constructed closer than ten (10) feet to an adjoining property line. Section 5. Completion. The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency or natural emergency or natural calamities. Section 6. Single Family Residences. No structure shall be erected, altered, placed or permitted to remain on any Lot, except one single family dwelling not to exceed two and a half stories in height, unless the Developer, the Association, or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two and one-half stories, and one or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Developer, the Association, or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. Section 7. Utility Services, Mail Boxes, Fences Etc All utility service lines and facilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Developer, the Association or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any street within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Developer, the Association, or the Architectural Control Committee. No fences shall at any time be placed or permitted to remain on any lot without approval of the Developer, Association or Architectural Control Committee. Section B. Off Street Parking. Off street parking for not less than four (4) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways thereto shall be constructed ,of concrete, brick, asphalt, or turf stone, or any other material approved by Developer, the Association or Architectural Control Committee. Section 9. Driveways. Driveways are to be constructed in accordance with North Carolina Department of Transportation standards. 6 BK12.59PG1023 Section 10. Wells. Without the Developer's express written approval, no wells may be constructed or used on any Lot, except for the purpose of irrigating exterior plantings. A well may be used to provide water for household or other uses, provided such use is consented to in advance in writing by the public utility entitled to provide water service to the Lot, and such use does not violate any other provisions of this Declaration. Section 11. Sodding and Irrigation of Front Lawns. All front lawns on Lots on which a residence exists shall be sodded and adequately watered by an underground -pipe sprinkler irrigation system. Section 12. Alterations to the Common Property. No person shall undertake, cause, or allow any construction in, on or under any part of the Common Property, or undertake, cause, or allow any alteration to be made any part of the Common Property, except at the direction or with the express written consent of the Association. ARTICLE VIII. USE RESTRICTIONS Section 1. Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes. All Lots are restricted for construction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article VIII of this Declaration relating to architectural control. Provided, however, the Developer or its agents may maintain and operate a sales office on any Lot owned or leased by the Developer for and at such time or times as the Developer may deem appropriate. Section 2. Nuisances. No noxious or offensive activity shall be carried upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing or any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Section 3. Lot Maintenance. In the event that any Owner shall fail or refuse to keep his Lot free from weeds, underbrush, refuse piles, unsightly growth or objects, or shall fail to keep his front lawn sodded and irrigated in accordance with Section 11, Article VIII, then, after thirty (30) days notice from the Architectural Control Committee or the Association, the Association or its designee may enter upon the Lot and remove such weeds, underbrush refuse piles, unsightly growth or objects, or cause such lawn to be sodded and irrigated, at the expense of the Owner. Such entrance shall not be deemed a trespass, and in the event of such removal or correction a lien shall arise and be created in favor of the Association for the full amount of the cost thereof, including collection costs, and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by court proceedings as provided by law for enforcement of liens. Section 4. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Association or the Architectural Control Committee; provided, however, that this shall not prevent the Developer, its designees 7 Q1(1259PG1024 or assigns from maintaining a construction or sales trailer or office on any Lot until the construction of dwellings on all Lots is completed. Section 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile home, or similar type vehicle, shall be parked, placed or permitted to remain on any Lot in such manner that the same is visible from the street. Section 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept properly leashed or under the control of their owner and do not become a nuisance to the neighborhood. Section 7. TV Satellite Dishes and Outside Antennas. No TV satellite signal receiving dishes will be permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted in writing by the Association or the Architectural Control Committee. Section B. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white or non -frost lights or bulbs. Section 9. Inoperable Vehicles; Tractor Trailers; Vehicle Repairs. No inoperable or immobile vehicle, no vehicle without current registration and insurance, and no tractor -trailers will be permitted on any Lot or street in the Subdivision. The Association shall have the right to have all such vehicles towed at the owner's expense. No repairs to any vehicle may be made in driveways, but shall be made only in garages and shall not be visible from the street. Section 10. Signs. No sign(s) may be placed or maintained on any Lot or street except one for sale sign, which shall not exceed two feet by three feet in size, street and traffic control signs approved by the Association or the appropriate governmental authority, and signs placed or maintained by the Developer or its agents. Section 11. Subdividing. No Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Association. However, the Developer hereby expressly reserves unto itself, its successors and assigns, the right to re -plat any two (2) or more Lots shown on the map of the Subdivision in order to create one or more modified Lots; to recombine one or more Lots to create a larger Lot; to eliminate Lots from this Declaration, or any parts of Lots, that are not otherwise buildable or are needed for access or are needed for use as private roads or access areas, and to take such steps as are reasonably necessary to make such re - platted Lots spitable and fit as a building site or access area or roadway, said steps to include, but not to be limited to the relocation of streets, easements, and rights -of -way to conform to the new boundaries of the said re -platted Lots. ARTICLE IX. ANNEXATION OF ADDITIONAL PROPERTY Section 1. Developer may, from time to time, without the assent of any other entity, annex to and make a part of the Subdivision any other real property which Developer now owns or which Developer may hereafter acquire or develop (the Additional Property ), upon such terms and conditions and subject to such 8 9KI259-PG1025 covenants and restrictions, as the Developer, in its sole discretion, shall deem reasonable and appropriate. Section 2. Each such annexation of Additional Property shall become effective upon the recording of an amendment to this Declaration, duly executed by the Developer, specifically describing the Additional Property annexed to the subdivision, and setting forth the terms and conditions upon which such Additional Property is annexed to the Subdivision and the covenants and restictions to which such Additional Property shall be subject. ARTICLE X. GENERAL PROVISIONS Section 1. Enforcement. The Developer, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Developer, the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Enforcement Of Storm Water Runoff Regulations. The State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time. The Built Upon Area for each Lot shall not exceed four thousand six hundred (4,600) square feet, unless and until the State of North Carolina shall revise its storm water runoff regulations to permit a greater Built Upon Area for such Lot. For purposes of this section, "Built Upon Area" shall mean that portion of each Lot that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. Any Owner may, in accordance with applicable government regulations, borrow from another Owner any Built Upon Area which is not being utilized by the other Owner, without the approval of any Owner(s) not involved in such transaction, the Developer, or the Association. Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect. Section 4. Lots Sublect to Declaration; Extension. All present and future Owners, tenants, and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of this Declaration, as amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, asthoughsuch provisions were made a part of each and every deed of conveyance or lease, for a term of ten (10) years from the date hereof, after which time they shall be automatically extended for successive periods of ten (10) years, unless by vote of Owners of not less than three fourths (3/4ths) of the Lots this Declaration has been amended to provide otherwise. Section 5. Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by the duly authorized officers of the Association upon the vote of the Owners of not less than three fourths (3/4ths) of the Lots. In no event may this Declaration be amended so as to deprive the 9 �1{1259PG1026 Developer of any rights herein granted or reserved unto Developer, unless the Developer consents to such amendment in writing. Section 6. Amendment by the Developer. The Developer may amend any part or all of this Declaration without the consent of any other entity, from time to time, by executing, acknowledging, and recording an amendment in the office of the Register of Deeds of New Hanover County, which amendment shall be applicable only to Lots conveyed by the Developer subsequent to the recording of such amendment. Section 7. Transfer of Developer s Rights. The Developer may assign any or all of its rights, privileges, and powers under this Declaration to one or more entities, including, but not limited to, the Association. All of the Developer s rights, privileges and powers under this Declaration, unless otherwise assigned, shall inure to the benefit of its successors by merger, or a transferee of all or substantially all of the assets of the Developer. IN WITNESS WHEREOF, BARNES BLUFF ASSOCIATES, L.L.C., the Developer herein, has caused this Declaration to be executed in its name by its duly authorized Member -Managers, the day and year first above written. RATE retary SEAL) r BARNES BLUFF ASSOCIATES, L.L.C., By: Wingtgn Holding Corp. rraae r By: ce President By: (SEAL) E IN URNETT, III Member -Manager 10 BK1259PG1027 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notar Public of the County and State aforesaid, certify that Ty t-%y personally came before me this day and ackndwledged that he (or she) is the Assistant Secretary of Wilmington Holding Corp., a North Carolina corporation, which corporation is a Member -Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by herself) as its Assistant Secretary, on behalf of and as the act and deed ofthe said BARNES BLUFF ASSOCIATES, L.L.C. WITNESS my hand and official stamp or seal, this day of 1998. Aft 0/1 i 1 . LS, .• $ •• V:• . •. r (6.1 :7 a Nota Public � -�-r2 �Z Q :,;�• ;� ell Ay M�'�; $�dnisaion expires: _3'-) � � •!'`/��P:,STsPTE OF NORTH CAROLINA� COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that EDWIN L.BURNETT, III, personally came before me this day and acknowledged that he is a Member -Manager of BARNES BLUFF ASSOCIATES, L.L.C., a North Carolina Limited Liability Company, and that the said EDWIN L. BURNETT, III, executed the foregoing instrument on behalf of and as the act and deed of the said BARNES BLUFF ASSOCIATES, L.L.C. WITNESS my r , hand and official stamp or seal, this�a4 day of 1998. Notar Pbslic My commission expires: whcptb/blf STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or an exed) Certificate(s) of `% mb-e \-A-Cu_,e P . ) ,•e nrk r •• o et4 ,��,•,j Notary(ies) Public is (are) Certified to be Correct. l This Instrument was filed for Registration on this Day of I do V 2e m k e r ,1998, in the Book and Page shown on the First Page hereof. ROBERT J. ROBI SON Register of bee46 11