SW8020510_Historical File_20040722

WAMichaelMichael F. Easley, Governor
• William G. Ross, Jr., Secretary
co (E)tn
North Carolina Department of Environment and Natural Resources
-�
Alan W. Klimek, P.E. Director
Division of Water Quality
December 7, 2004
Bert Exum, President
WDV, LLC
PO Box 1967
Wilmington, NC 28402
Subject: Stormwater Permit No. SW8 020510 Modification
Waterford
High Density Subdivision Project
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Waterford on December 2, 2004. 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 020510 Modification,
dated December 7, 2004, for the construction of the project, Waterford.
This permit shall be effective from the date of issuance until December 7, 2014, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30)'days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150E 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 Rhonda Hall, or me at [phone].
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS/rbh: S:1WQS\STORMWA T PERMI-R020510Mod.dec04
cc: Davis Fennell, Cape Fear Engineering, Inc.
Brunswick County Inspections
Rhonda Hall
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Senricel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us ne
O� CaI'OI1P31
NAn Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper tum`!lff

State Stormwater Management Systems
Permit No. SW8 020510 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Bert Exum, WDV, LLC
Waterford
Brunswick County
FOR THE
construction, operation and maintenance of a non -discharging series of wet detention
ponds 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 other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until December 7, 2014 and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on pages 3, 4and 5 of this permit. Tract A of the
subdivision includes roadways and sidewalks and is allocated a total of 243,889
ft2 built -upon area. Tract B of the subdivision is permitted for 163 lots, each
allowed a maximum aount of built -upon area as follows: Lots 1-45 @ 3,600 ft2,
Lgts 46-102 @ 5,800 ft2 , Lots 103-130 @ 4,500 ft2, and Lots 131-163 @ 5,000
ft . Tract C of the subdivision is permitted for 96 lots, each allowed a maximum
amount built -upon area of 3,600 W. Tract D of the subdivision includes the
amenity center for the development and is allocated a total of 146,797 ft2 built -
upon area. Tract E is future development and is allocated a total of 653,400 ft2
built -upon area. Tract F is future development and is allocated a total of 120,661
ft2 built -upon area. Tract G of the subdivision is permitted for 138 lots, each
allowed a maximum amount of built -upon area as follows: Lots 1-41 @ 5,250 ft2,
Lots 42-104 @ 3,600 ft2, and Lots 105-138 @ 4,500 W. Tract H of the
subdivision is permitted for 52 lots, each allowed a maximum amount of built -
upon area of 6,000 ft2. Tract I of the subdivision is permitted for 41 lots, each
allowed a maximum amount of built -upon area of 8,000 ft2. Tract J of the
subdivision is permitted for 177 lots, each allowed a maximum amount of built -
Page 2 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
upon area as follows: Lots 1-48 @ 6,000 ft2, Lots 49-100 @ 3,600 ft2, Lots 101-
128 @5,800 ft2, and Lots 129-177 @5,800 ft2. Tract K is future development and
is allocated a total of 1,269,486 ft2 built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The following design elements have been permitted for this non -discharging
series of wet detention ponds stormwater facility, and must be provided in the
system at all times.
a. Drainage Area, acres:
568.34
Onsite, ft2:
24,756,890
Offsite, ft2:
None
b. Total Impervious Surfaces, ft2:
6,846,749
Tract A
Roads, ft2:
233,430
Sidewalk/Parking, ft2:
10,459
Total, ft2:
243,889
Tract B
163 Lots ft2:
815,000
Roads, ftt2:
244,322
Sidewalk/Parking, ft2:
24,394
Total, ft2:
1,083,716
Tract C
96 Lots, ft2:
345,430
Roads, ft2:
117,612
Sidewalk/Parking, ft2:
3,049
Total, ft2:
466,091
Tract D
Buildings, ft2:
6,970
Sidewalk/Parking, ft2:
78,408
Other, ft2:
61,420
Total, ft2:
146,798
Tract E
Future, ft2:
653,4GO
Tract F
Future Lot 1, ft2:
64,613
Future Lot 2, ft2:
27,019
Future Lot 3, ft2:
29,029
Total, ft2:
120,661
Tract G
138 Lots, ft2:
595,030
Roads, ft2:
207,346
Total, ft2:
802,376
Page 3 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
C.
d.
e.
f.
Le-
h
Tract H
52 Lots, ft2:
Roads, ft2:
Sidewalk/Parking, ft2:
Total, ft2:
Tract 1
41 Lots, ft2:
Roads, ft2:
Sidewalk/Parking, ft2
Total, ft2:
Tract J
177 Lots, ft2:
Roads, ft2:
Sidewalk/Parking, ft2:
Total, ft2:
Tract K
Roads, ft2:
Future, ft2:
Total, ft2:
Pond Depth, feet:
TSS removal efficiency:
Design Storm:
Permanent Pool Elevation, FMSL:
Pond 1, FMSL:
Pond 2-5, FMSL.-
Pond 3, FMSL:
Pond 4, FMSL:
Pond 5, FMSL:
Pond 8, FMSL:
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
Pond 15, FMSL:
Permitted Surface Area @PP, ft2:
Permitted Storage Volume, ft3
Storage Elevation, FMSL:
Pond 1, FMSL:
Pond 2-5, FMSL:
Pond 3, FMSL:
Pond 4, FMSL:
Pond 5, FMSL:
Pond 8, FMSL:
311,890
77,101
1,307
390,298
328,000
103,673
1,307
432,980
921,730
311,839
3,485
1,237,054
62,012
1,207,474
1,269,486
90%
8", non -discharging pond
21.0
20.0
21.5
23.0
20.0
19.0
21.0
22.0
22.0
22.0
22.0
19.0
19.0
2,417,417
2,645,134
23.0
22.0
23.5
23.0
22.0
20.0
Page 4 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
Pond 15, FMSL:
j. Controlling Orifice:
k. Permanent Pool Volume, ft3
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
22.0
23.0
23.0
23.0
23.0
20.0
20.0
n/a, non -discharging pond
n/a
n/a
n/a
Jackeys Creek/Cape Fear
18-77-3
"C • Sw"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, 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.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part ©f the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
Page 5 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements 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.
7. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 020510 Modification,
as issued 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 nun 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. Tract A of the subdivision includes roadways and sidewalks and is
allocated a total of 243,889 ft2 built -upon area. Tract B of the subdivision
is permitted for 163 lots, each allowed a maximum amount of built -upon
area as follows: Lots 1-45 @ 3,600 ft2, Lots 46-102 @ 5,800 ft2, Lots 103-
130 @ 4,500 ft2, and Lots 131-163 @ 5,000 ft2. Tract C of the subdivision
is permitted for 96 lots, each allowed a maximum amount built -upon area
Page 6 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
of 3,600 ft2. Tract D of the subdivision includes the amenity center for the
development and is allocated a total of 146,797 ft2 built -upon area. Tract
E is future development and is allocated a total of 653,400 ft2 built -upon
area. Tract F is future development and is allocated a total of 120,661 ft2
built -upon area. Tract G of the subdivision is permitted for 138 lots, each
allowed a maximum amount of built -upon area as follows: Lots 1-41 @
5,250 ft2, Lots 42-104 @ 3,600 ft2, and Lots 105-138 @ 4,500 ft2. Tract H
of the subdivision is permitted for 52 lots, each allowed a maximum
amount of built -upon area of 6,000 ft2. Tract I of the subdivision is
permitted for 41 lots, each allowed a maximum amount of built -upon area
of 8,000 ft2. Tract J of the subdivision is permitted for 177 lots, each
allowed a maximum amount of built -upon area as follows: �ots 1-48 @
6,000 ft2, Lots 49-100 @ 3,600 ft2, Lots 101-128 @5,800 ft , and Lots 129-
177 @5,800 ft2. Tract K is future development and is allocated a total of
1,269,486 ft2 built -upon area. This allotted amount includes any built -upon
area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
If the ownership of Lots A, E, F or K is not retained by the permittee, the
owner of each of the lots must submit a separate Offsite Stormwater
Management Permit application package to the Division of Water Quality
and receive a permit prior to any construction on the lot.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
14. Decorative spray fountains will not be allowed in the stormwater treatment
system.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
Page 7 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
18. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. 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.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
Page 8 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 7th day of December, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Hian w. rcumeK, r.t., uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 020510 Modification
Page 9 of 11

4FCAPE FEAR
Engineering, Inc.
151 Poole Roan; Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www. ca pe fearengineering. com
To: NCDENR-DWQ
Attn: Rhonda Hall
Transmittal
Date: 12/06/04
File: 650-06
Subject: WATERFORD
❑ As Requested ❑ For Your Files ❑ For Distribution ❑ For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
2
Copies of Tract "F" — Revised 01/03/04
REMARKS Attached is the proper drawing for Tract "F". I have examined Tract "B", and I agree that there is a
discrepancy. I can resolve the discrepancy, but I need to move several numbers around. Since Tract "B"
is already permitted this way, let's leave it for now. I will resolve the discrepancy and reapply the
impervious coverage within Tract "B" at the next permit modification. Thanks again for your
understanding.
CC: Cape ar E gineering, Inc.
Signed
DAVIS FEANELL
DEC 0 p
BY:
L
TRANS- Ronda Hal l-06dec04.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
July 22, 2004
Alan W. Klimek, P.E., Director
Mr. Bert Exum, President
WDV, LLC
P.O. Box 1967
Wilmington, NC 28402
Subject: Approved Plan Revision
Waterford Subdivision
Stormwater Project No. SW8 020510
Brunswick County
Dear Mr. Exum:
On January 16, 2004, the Wilmington Regional Office received a plan revision for
Stormwater Management Permit Number SW8 020510. The revisions include the further
subdivision of the previously permitted Tract F into 3 lots. It has been determined that a
formal permit modification is not required for the proposed changes. We are forwarding you
an approved copy of the revised plans for your files. Please replace the old approved plan
sheet(s) with the new one(s).
Please be aware that all terms and conditions of the permit issued on July 17, 2003, remain
in full force and effect. Please also understand that the approval of this revision to the
approved plans for the subject State Stormwater Permit is done -on a case -by -case basis.
Any other changes to this project must be approved through this Office prior to
construction.
If you have any questions concerning this matter, please do not hesitate to call me at (910)
395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS1arl: SAWQSISTORMWATIREVISION1020510.ju104
cc: Davis Fennell, P.E., Cape Fear Engineering
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 T�TOne
ahone: 910-395-3900 / FAX [phone] Internet: h2o.enr.state.nc.us 1�1 offfiCarolina
Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearen_qineering.com
To: I NCDENR-DWQ
Attn: I Rhonda Hall
❑ As Requested
❑ Sent via Mail
❑ For Your Files
❑ Sent via Courier
Transmittal
Date: 12/02/04
File: 650-06
Subject: WATERFORD
❑ For Distribution ❑ For your Review / Action / Approval
REMARKS Pursuant to our telenhone cnnversatinn nlPaca finr1 nftancamri thin Orirlitinnol infnrm� inn .i— --..^-4.-A
for the above described project.
CC: CaY�pe/r En eer' Inc.
Signed `
DAVIS FVNNELL
)EC 0 2 2004
TRANS-RondaHall-02dec04.doc

SAMPLE STORMWATER DEED RESTRICTIONS
WATERFORD
S. Stormwater Runoff Regulations: All Lots are subject to the State of North Carolina rules and regulations
concerning stormwater runoff as these rules and regulations are amended from time to time. These regulations currently
provide that the maximum built upon area in Tract `B' of each Lot in Lots 1-45 will be restricted to 3,600 SF of built upon
area, each Lot in Lots 46-1.02 will be restricted to 5,800 SF of built upon area, and each Lot in Lots 103-130 will be restricted
to 4,500 SF of built upon area, each Lot in Lots 131-163 will be restricted to 5,000 SF of built upon area. These regulations
currently provide that the maximum built upon area in Tract `C' of each Lot in Lots 1-96 will be restricted to 3,600 SF of
built upon area. These regulations currently provide that the maximum built upon area in Tract `G' of each Lot in Lots 1-41
of First Ave. will be restricted to 5,250 SF of built upon area, and each Lot in Lots 42-104 on Second St. and Third Ave. will
be restricted to 3,600 SF of built upon area, and each Lot in Lots 105-138 will be restricted to 4,500 SF of built upon area.
These regulations currently provide that the maximum built upon area in Tract `H' of each Lot in Lots 1-52 will be restricted
to 6,000 SF of built upon area. These regulations currently provide that the maximum built upon area in Tract `I' of each
Lot in Lots 1-41 will be restricted to 8,000 SF of built upon area. These regulations currently provide that the maximum built
upon area in Tract `J' of each Lot in Lots 1-48 on First Ave, Second Street, and Third Ave will be restricted to 6,000 SF of
built upon area. Also, Lots 49-100 on Fourth Street and Fifth Ave will be restricted to 3,600 SF of built upon area. Also,
Lots 101-128 on Sixth Street, Seventh thru Ninth Circle will be restricted to 5,800 SF of built upon area. Also, Lots 129-177
on Tenth Street and Eleventh thru Fourteenth Circle will be restricted to 5,800 SF of built upon area. Built upon area shall
include impervious surfaces such as foundation; structures; pavement; concrete; driveways, including that portion of the
driveway located within a street right-of-way, which runs from the property line to the road pavement; and walkways or
patios of brick, stone or slate, and gravel, marl or stone covered areas, not including wood decking.
The DEVELOPER reserves the right to recalculate the maximum allowable built upon area in accordance with the
stormwater runoff rules and regulations of the State of North Carolina. All drainage swales or drainage patterns used to treat
stormwater runoff as required by the State of North Carolina may not be filled in, piped or changed without the consent of the
DEVELOPER, its designee, the Association, or the State of North Carolina and shall be maintained as set forth in Section V
below. The State of North Carolina is hereby made a beneficiary of these PROTECTIVE COVENANTS to the extent
necessary to enforce its stormwater runoff regulations as the same may be amended from time to time. This paragraph cannot
be changed or deleted without the consent of the State of North Carolina. These covenants are to run with the land and be
binding on all persons and parties claiming under them.
Robert C.G. Exum DV, Inc. Date'
I, . dGo t° 7-e ,a Notary Public for the State of
n f djiltiCt,
County of ma vk.�— ,do hereby certify that Acher71' C. G. Exum
personally appeared before me this 2rt_d day of 12C[ Pn,, b@x. , 2&,4 ,and acknowledge the due
execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal,
JDt1L
My commission expires Mard o? Z 2,':)07

SAMPLE STORIMWATER DEED RESTRICTIONS
WATERFORD
S. Stormwater Runoff Regulations: All Lots are subject to the State of North Carolina rules and regulations
concerning stormwater runoff as these rules and regulations are amended from time to time. These regulations currently
provide that the maximum built upon area in Tract 'B' of each Lot in Lots 1-45 will be restricted to 3,600 SF of built upon
area, each Lot in Lots 46-102 will be restricted to 5,800 SF of built upon area, and each Lot in Lots 103-130 will be restricted
to 4,500 SF of built upon area, each Lot in Lots 131-163 will be restricted to 5,000 SF of built upon area. These regulations
currently provide that the maximum built upon area in Tract `C' of each Lot in Lots 1-96 will be restricted to 3,600 SF of
built upon area. These regulations currently provide that the maximum built upon area in Tract `G' of each Lot in Lots 1-41
of First Ave. will be restricted to 5,250 SF of built upon area, and each Lot in Lots 42-104 on Second St. and Third Ave. will
be restricted to 3,600 SF of built upon area, and each Lot in Lots 105-138 will be restricted to 4,500 SF of built upon area.
These regulations currently provide that the maximum built upon area in Tract `H' of each Lot in Lots 1-52 will be restricted
to 6,000 SF of built upon area. These regulations currently provide that the maximum built upon area in Tract `I' of each
Lot in Lots 1-41 will be restricted to 8,000 SF of built upon area. These regulations currently provide that the maximum built
upon area in Tract `J' of each Lot in Lots 1-48 on First Ave, Second Street, and Third Ave will be restricted to 6,000 SF of
built upon area. Also, Lots 49-100 on Fourth Street and Fifth Ave will be restricted to 3,600 SF of built upon area. Also,
Lots 101-128 on Sixth Street, Seventh thru Ninth Circle will be restricted to 5,800 SF of built upon area. Also, Lots 129-177
on Tenth Street and Eleventh thru Fourteenth Circle will be restricted to 5,800 SF of built upon area_ Built upon area shall
include impervious surfaces such as foundation; structures; pavement; concrete; driveways, including that portion of the
driveway located within a street right-of-way, which runs from the property line to the road pavement; and walkways or
patios of brick, stone or slate, and gravel, marl or stone covered areas, not including wood decking.
The DEVELOPER reserves the right to recalculate the maximum allowable built upon area in accordance with the
stormwater runoff rules and regulations of the State of North Carolina. All drainage swales or drainage patterns used to treat
stormwater runoff as required by the State of North Carolina may not be filled in, piped or changed without the consent of the
DEVELOPER, its designee, the Association, or the State of North Carolina and shall be maintained as set forth in Section V
below. The State of North Carolina is hereby made a beneficiary of these PROTECTIVE COVENANTS to the extent
necessary to enforce its stormwater runoff regulations as the same may be amended from time to time. This paragraph cannot
be changed or deleted without the consent of the State of North Carolina. These covenants are to run with the land and be
binding on all persons and parties claiming under them.
Robert C.G. ExumeWDV, Inc. Date
I, SGv1` Gt7 e-Jk--" ,a Notary Public for the State of /VO/-M CaYUIina
County of y ,- ,do hereby certify that Robene- (f, 67. cXu m
personally appeared before me this Znef day of 12Ce en, he/L... , ZOD¢ _ ,and acknowledge the due
execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal,
? NOTARY
'DUB1.�G � Z
"'VOVER G�,\���
JDt1L
My commission expires -)ft rc, 4 _ % _20 _

Design Narrative and
Supporting Calculations
For
Waterford
Brunswick County, North Carolina
Prepared for
WDv, Inc.
P.O. Box 1967
Wilmington, North Carolina. 28402
[phone]
Modification Date: August 2004 = 4 SEA J( ,LJpp
02VG0
Prepared by
Cape Fear Engineering, Inc.
151 Poole Road, Suite 100
Belville, North Carolina 28451
(910) 383-i044

DESIGN NARRATIVE
L GENERAL:
The project site is located within Brunswick County, North Carolina and is bound by US Hwy.
74/76 to the north, Magnolia Greens Golf Plantation to the west, US Hwy. 17 to the east, and
Lincoln Industrial Park to the south. The project site is approximately 568 acres. Drainage
considerations are to be in accordance with DWQ stormwater requirements.
The intent of this project is to develop the infrastructure to support a residential and commercial
development. This is a high -density submittal with curbed and guttered streets draining to a
surrounding non -discharge lake system.
2. EXISTING SITE:
Site topography in the area is relatively flat with slopes typically less than (2) percent. Areas of
environmental concern, including potential wetland areas, are shown on the plan and will remain
undisturbed. Most of the site drains to the east, under US Highway 74/76, and ultimately to
Sturgeons Creek, which has a stream classification of SC. A small portion of the project will
drain to the south, under US Highway 17, and ultimately to Jackeys Creek which also has a
stream classification of SC. Vegetation consists primarily of grasses and minor ground cover
within the areas of the improvement. Subsurface soils are typically a mixture of sands, silty
sands and organics.
3. PROPOSED IMPROVEMENTS:
Proposed improvements include the installation of municipal utilities (water, sewer, and storm
drainage), small utilities (power, cable, telephone), and curb and gutter streets to serve a mixed
use development of single family residential, multi -family residential, a recreation center, and
commercial development. Drainage for the most part will be contained within the streets, which
will have curb and gutter to direct drainage to low points. Drainage at the low points in the streets
will flow into a storm drain collection system that will convey all runoff to inter -connected non -
discharge stormwater lakes.
The non -discharge lake system is an eight tier system with normal water surfaces controlled by
riser structures. Pond #1 has an increased drainage area of approximately 11.66 acres. The
entrance and main roadway make up approximately 4 acres of the drainage area to Pond #1,
while the remaining acreage is from Tract W. The water level in Pond #1 rises only 1.55 feet in
response to the 25 year storm event, discharging a negligible volume to Pond #2.
Pond #2 and Pond #5 are. interconnected by a 24" pipe. The Pond ra#2-#5 system has a drainage
area of approximately 32.9 acres. Surrounding roadways, all of the residential Tract `C' and
Tract `F' drain to this system. In the 25 year storm event, the ponds rise 1.64', discharging a
negligible volume to Pond #15, which is connected to Pond #8 through Swale #7.

Pond system #3 has a drainage area of approximately 5.41 acres. The surrounding roadways and
a portion of the amenity center (Tract D) drain to this system. In the 25 year storm event, the
pond rises 0.45', discharging a negligible volume to Pond #2.
Pond system #4 is an isolated amenity pond without any storage. No area drains to Pond # 4 and
it discharges directly to Pond #2.
Swale #7 has a drainage area of approximately 5.42 acres. It connects Ponds #14 and #15 to
Pond #8. Swale #7 claims no retention and is simply a connection for the pond system. No
proposed improvements drain to this area.
Pond system #10 has grown and is now connected to Ponds #11, #12 and #13. All of the lots in
Tract `J' (97.97 acres) and Tract `G' (50.65 acres) drain to this pond system. Also,
approximately 8 acres comprised mainly of runoff from the back of lots 97-102 and lots 119-130
of Tract `B' and a small portion of the main road drain to the Pond #10, #11, #12 and #13
system. The water level in the Ponds rises only 0.33 feet in response to the 25 year storm event,
discharging a negligible volume to Pond #9.
Pond #9 has a drainage area of 24 acres, comprised of lot and road drainage from Roads F, J, K,
L, and M of Tract `B' (see plan for specific drainage area). Pond #9 also receives the lake
discharge from the Pond #10, 11, 12 and 13 system. The water level in Pond #9 rises 0.89 feet in
response to the 25 year storm event, discharging a negligible volume to Pond #8.
Pond #8 previously had a drainage area of 109.28 acres, comprised of the balance of Tract `B',
the balance of the amenity Tract `D', all of Tract `E' and connecting roadways. Now, all of Tract
`H' (25.92 acres), all of Tract `I' (33.53 acres) and a portion of Tract `K' (22.63) that drains to
the interconnected Swale #7 goes to Pond #8 for a total of 191.36 acres. Pond #8 also receives
the lake discharge from Pond #9. Pond #8 shall have a normal water surface elevation of 19.0',
with storage to elevation 20.0'. The storage elevation is maintained by a pond outlet structure
with the rim of the riser set at elevation 20.0'. The riser will only discharge in response to storm
events greater than the 25 year storm. The normal water surface elevation of 19.0' shall be
maintained by two recirculation pumps. The recirculation pumps shall be controlled by float
switches that activate the pumps when the water in Pond #8 rises to the 25 year storm storage
elevation, about elevation 19.80'. The recirculation pumps will pump the storage volume back to
Ponds #10 and #3, returning the water in Pond #8 to its normal elevation of 19.0'.
In this manner the storage in Pond #8 is maintained such that there is always storage available for
the runoff from a 25 year storm event. The excess volume in the remaining ponds, created by the
recirculation system, will be used to charge an irrigation system for landscaping in the right of
ways and common areas of the project. The water demand for irrigation, combined with normal
evaporation (generally accepted to be about 0.25 inches per day in this area), will restore the
normal water surface elevations in all the ponds.

Flood control for storm event greater than the 25 year storm has also been incorporated into this
design. All of the ponds require a storm event greater than the 25 year to discharge through the
riser, otherwise only orifice discharge occurs. The riser structures also have gate valves in their
bottoms to lower the pond levels for maintenance and in the event of a forecasted extreme storm
event.
The proposed non -discharge lakes not only provide stormwater treatment and flood control, but
will provide a tremendous recreational amenity to the residents of Waterford. The lakes have
been designed to promote active recreation for the residents, such as canoeing, kayaking, and
fishing. All the lakes will be stocked with game fish to create a healthy fish population. The
game fish population will be maintained not only to provide recreation to the residents of
Waterford, but also to control any nuisance insects.
4. PERMITTING STRATEGY:
The non -discharge lakes shall ultimately be expanded to serve the entire 568 acre development.
To facilitate the accounting of impervious areas and treatment areas over the life of the project,
we proposed to break the project up into multiple tracts with individual tract boundaries
following development phase lines. The Stormwater Management Plans are designed to be
flexible and stream line the review process for future modifications to this large permit. Each
tract has been dedicated a single sheet in the plan set, and the single sheet includes all necessary
details and impervious calculations. Upon approval, each of the individual tract plans sheets
shall bear an approval stamp from DWQ including the date approved. When the need to modify
the permit arises due to futurc development, copies of individual plans for all previously
approved tracts will be resubmitted with the revised plan set bearing the approval stamp from
DWQ. The tracts that bear approval stamps will indicate to the reviewer that nothing has
changed within that particular tract and the reviewer can then limit analysis of proposed
modifications to only those tracts that have changed. For example, the approved submittal
included tracts A, B, C, D, E and F. This submittal adds Tracts G, H, L J and K with
modifications to Tracts A and B. Therefore, Tracts C, D, E and F are unchanged and are being
resubmitted with the DWQ approval stamp. To simplify the accounting of impervious areas, a
tracking chart has been devised and is shown on the cover of the plan set. This tracking chart
includes all impervious areas, by tract, and includes the total impervious area for the project to
date. The total of impervious coverages will correspond to the application and, ultimately, the
permit. The goal of this permitting strategy is to avoid the pitfalls in the permitting and tracking
of stormwater management plans for larges developments that we have experienced in the past.
This strategy accomplishes that goal by ensuring that the treatment device and the development
share a common permit and by eliminating the need for multiple permits (sometimes as many as
three) to develop a single tract.

5. TRACT SUMMARY:
Tract A includes the collector roads and all undeveloped areas of the project. Over time, the area
of Tract A will decrease as future phases are developed and accounted for separately. Currently,
Tract A encompasses 169.09 acres. The balance of the project area is found in tracts B, C, D, E,
F, G, H, I, J and K.
Tract B is the first phase of single family development. This tract was originally approved on
November 25, 2002 and was assigned the permit number SW8 020510. This project includes the
first phase of the non -discharge lake system, and is the basis for creating the overall stormwater
management plan to include all of the expanded non -discharge lake and all of the property.
Tract B is being resubmitted with a minor boundary change and the addition of an im_ervious
walkway around the major pond.
Tract C is a phase of single family development and includes 96 lots on 24.70 acres. Stormwater
runoff collected in Tract C drains to the non -discharge lake system for treatment.
Tract D is the amenity center for the development and includes a clubhouse, sales center,
swimming pool and cabana, tennis courts, and associated parking areas and sidewalks. Tract D
covers 6.49 acres and is 51.93% impervious. Stormwater runoff collected in Tract D drains to
the non -discharge lake system for treatment.
Tract E is to be sold and developed by others. The developer of Tract E will have to obtain an
individual state stormwater permit for any work done within that tract. Tract E is being allocated
15.00 acres of impervious draining to the non -discharge lake system for treatment.
Tract F is also being sold and developed by others. The developer of Tract F will have to obtain
an individual state stormwater permit for any work done within that tract. Tract F is being
allocated 2.77 acres of impervious draining to the non -discharge lake system for treatment.
Tract G is one of the next phases of single family development and includes 138 lots on 50.65
acres. Stormwater runoff collected in Tract G drains to the non -discharge lake system.
Tract H is one of the next phases of single family development and includes 52 lots on 25.92
acres. Stormwater runoff collected in Tract H drains to the non -discharge lake system.
Tract I is one of the next phases of single family development and includes 41 lots on 33.53
acres. Stormwater runoff collected in Tract I drains to the non -discharge lake system.
Tract J is one of the next phases of single family development and includes 177 lots on 97.97
acres. Stormwater runoff collected in Tract J drains to the non -discharge lake system.
Tract K is to be sold and developed by others. The developer of Tract K will have to obtain an
individual state stormwater permit for any work done within that tract. Tract K is being allocated
29.14 acres of impervious draining to the non -discharge lake system for treatment.

DESIGN CALCULATIONS
- Hydraflow Model with Hydrographs
- Reservoir Report
- Volume Calculations
o..• CA
.a�' pact Rp
02
taEAL
.+y A c�s'a
`;_ .�,N'.IWV-ad

Pond Volume and Stage Information
Pond In o. 257yr Storm Info, Maximum Info,
Pond
Normal Water
Surface Elev. (sf)
25 year Storm
Elev.
Vol. Required (cf)
Maximum
Storage Elev.
Vol. Provided c
1
21.00
22.55
39,776
23.00
52,370
2,5
20.00
21.64
140,707
_
22.00
174,645
3
21.50
21.95
14,132
23.50
66,896
4
_ 23.00
23.01
188
23.00
---
8,14,15
19.00
19.80
1,047,141
_
20.00
1,307,730
9
21.00
21.89
97,008
22.00
109,715
10,11,12,131
22.00
22.33
310,007
23.00
933,778
Total I
---
---
1,648,959 11
---
2,645,134
Volume for the I " event
Total Area = 568.34 acres
Total Imp. Area=157.18 acres
Percent Impervious (I) = 27.66 %
- Runoff Volume Per Simple Method
Rv = 0.05 + 0.009 (1)
Rv = 0.05 + 0.009 (27.66)
Rv = 0.2989
Volume Required = (Rainfall) x (Rv) x (Drainage Area)
V = (1 in) x (0.2989 in/in) x (568.34 acres) x (1/12 ft/in) x (43560 sf/ac)
V = 616,653 cubic feet
Volume for the 25 year event
Total Volume = Storage of pond system in the 25-year event as shown
on attached Hydrograph Summary Report
Total Volume = 39,776cf + 14,132cf + 188cf +140,707cf +
1,0475141 cf + 97,008cf + 310,007cf
Total Volume=1,648,959 cubic feet

Hydrograph Summary Report Page 1
Hyd. Hydrograph Peak Time Time to Volume Return Inflow Maximum Maximum Hydrograph
No. type flow interval peak period hyd(s) elevation storage description
(origin) (cfs) (min) (min) (cult) (yrs) (ft) (cuit)
1
Rational
9.5.02
1
7
39,907
25
— Ent, draining to P
2
Reservoir
0.2E
1
14
19,889
25 i
39,776 DA thru Pond#1
4
Rational
23.67
1
14,202
25 I
— Area draining to P
5
Reservoir
0.12
1
__
6,871
25 I
14,132 DAthru Pond#3
7
Rational
3.14
1
1
188
25
— — Area draining to P
8
Reservoir
0.00
1
2
162
25
23.01 188 DA thru Pond#4
10
Rational
114.77
20
137,729
25
-- Area drain to Pond
11
Combine
115.05
20
157,618
25 10 + ,
— DA#2,5 + pond#1
12
Combine
115.17
20
164,489
25 11 +!
-- — DA#2+Pd#1+Pd#3
13
Combine
115.18
1
20
164,651
25 12 + i
--- — DA#2+Pd#1+Pd#3+Pd#
14
Reservoir
0.29
1
838
24,748
25 13
21.64 140,707 Pd's#1,2,3,4 th Pd
16
Rational
13.25
1
5
3,974
25 —
— Area draining to S
17
Combine
13.26
1
5
28,722
25 14 + 16
DA#7+Pond#2-5
19
Rational
516.76
1
10
310,054
25 —
Area draining to P
20
Res
0.08
1
20
6,343
?5 1
Pond #10
22
Rational
45.46
1
36
98,203
15 —
Area draining to P
23
Combine
45.54
1
36
104,546
?5 20 + 22
— — DA#9 + Pond #10
24
Reservoir
0.21
1
72
16,936
25 :
98,008 Pond #9
26
Rational
417.29
'
40
1,001,485
25 —
— Area drain Pond #8
27
Combine
13.26
45,658
25 17 + 24
— SW #7 + Pnd#9
28
Combine
417.72
i
1,047,144
25 26 + 27
— Pnds7,9 + DA#8
29
Reservoir
0.00
0
0
25 28
1,047,141 Pond #8+14+15
Proj. file: All-Ponds-Rev080504.0POF file: BrunCo hydrographjveftkDffate: 08-24-2004

,44,F4 D2i4�✓,/4

Re: Waterford:
Subject: Re: Waterford:
From: "Davis Fennell" <[e-mail]>
Date: Tue, 20 Jan 2004 09:05:10 -0500
To: "Linda Lewis" <[e-mail]>
CC: "Laurie Munn" <[e-mail]>
You are correct regarding BUA - specific restriction will be recorded with
each lot. The master association restriction willbe too cumbersome to
address each lot.
Regarding the further subdivision of Tract F. We learned of the actual lot
lines for further subdivision within days of the last permit approval. We
then contacted Laurie Munn of your office to try and add those lot lines to
the last approval - sort of a line item revision within the 30 days of
approval. She advised us that we could record the deed restrictions for the
lot and simply provide a
plan update for Tract F when it was further subdivided. Attached is her
e-mail advising us on the correct course of action.
We do have a permit modification to the big Waterford permit in the works
and we should submit the application by mid -February. We will at that time
update Tract F as shown on the plan update provided to you. Can we proceed
with the Assisted Care offsite permit with the plan update knowing that
Tract F will be updated in the overall permit next month?
----- Original Message -----
From: Linda Lewis <[e-mail]>
To: Davis Fennell <davis.fennell@capefearen .com>
Sent: Friday, January 16, 2004 10:53 AM
Subject: Waterford:
Davis:
I've got a call in to Bert Exum regarding a question I have about the
deed restrictions. They don't mention the specific BUA's per lot that
are listed in the permit, but they do indicate that a supplemental
declaration will be recorded for each specific phase or section within
Waterford. I just want to make sure that I am correct in my
understanding of how this process works, and that no lot will be sold in
any section without those specific BUA limitations being recorded.
Additionally, you submitted a subdivision map for Tract F. Additional
subdivision of the property must be done via a permit modification. Had
Tract F been developed by WDV without subdividing or selling, we could
have done it with a plan revision. If the lots are sold, each lot owner
must submit an offsite permit application, even though the disturbance
on that lot may not trigger SEC plan approval.
Linda
From: Laurie Munn <[e-mail]>
To: Jeff Petroff <jeff.petroff@capefearen ineerina.com>
Subject: Re: What else, but Waterford
Date: Friday, August 01, 2003 11:27 AM
Hey Jeff,
1 of 2 7/12/2004 12:25 PM

Re: Waterford:
WDV has to record deed restrictions for Tract F prior to the sale of any
lots in this tract (Permit Conditions - Section II, Items 15 & 17).
Then, when the new owners of the lots in Tract F want a permit, they
will come in for an off -site permit to Tract F.
When recording the restrictions, WDV must allocate a certain square
footage of built -upon area per lot (no percentages, actual square
footage) and submit that to our office before the sale of the lots. If
he doesn't do it prior to the sale of the'lot, he is in violation of his
permit.
Let me know if you have any other questions. It would be nice if you
sent a copy of the revised Tract F for the file. That will make the
review of the off -site permits easier. Have a nice weekend.
Laurie
--- ------ - -- -.--.........----.------------.-.-....------------------------------------- --
i Contennt-Type: text/plain �
ldwq-email.txt
Content -Encoding: quoted -printable
2 of 2 7/12/2004 12:25 PM

Waterford
Subject: Waterford:
From: Linda Lewis <[e-mail]>
Date: Fri, 16 Jan 2004 10:53:47 -0500
To: Davis Fennell<daF,[e-mail]>
Davis:
I've got a call in to Bert Exum regarding a question I have about
the deed restrictions. They don't mention the specific BUA's per
lot that are listed in the permit, but they do indicate that a
supplemental declaration will be recorded for each specific phase
or section within Waterford. I just want to make sure that I am
correct in my understanding of how this process works, and that no
lot will be sold in any section without those specific BUA
limitations being recorded.
Additionally, you submitted a subdivision map for Tract
Additional subdivision of the property must be done via
modification. Had Tract F been developed by WDV without
or selling, we could have done it with a plan revision.
are sold, each lot owner must submit an offsite permit
even though the disturbance on that lot may not trigger
approval.
Linda
F.
a permit
subdividing
If the lots
application,
SEC plan
1 of 1

CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearen_q.com
To: NCDENR — Div. Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Linda Lewis
❑ As Requested ❑ For Your Files
❑ Sent via Mail ❑ Sent via Courier
Transmittal
Date: 01 /14/04
File: 650-06
Subject: Waterford of the Carolinas
SW8 020510
❑ For Distribution ® For your Review / Action / Approval
Quantity
Drawing No.
Description
2
Plan update — Tract F J
1
Master Covenants — Waterford Commercial
2
REMARKS Attached are the master covenants for the Waterford Commercial POA, including the restrictions
governing BUA. These covenants are submitted for this permit (SW8 020510) and for the
Assisted Care project that is submitted for review.
CC: Cape Fe r ineeri , Inc.
File
Signed
K Davis Fe ell, PE
Trans-NCDENR-14jan04.doc

4-
lvJ
J 1.
-8r&WKqk C.Mt-y--Regastez of Deeas
jo- . Robinson
Inst J)173882 Book 1813E-age 706-
08/26/2003 01:22:27Um1z—# 15 504
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR WATERFORD COMMERCIAL PROPERTY
(This is the Commercial Declaration referenced in the Master Cro'sg=4 ,C,C s s
recorded in Book 1683, Page 1026,
defined Brunswick County Registry and the property defy. <
herein shall be deemed to be the "Commercial Property tj
Drawn By: Murchison, Taylor & Gibson, PLLC
16 North Fifth Avenue, Wilmington, NC 28401
NORTH CAROLINA HTA
TOTAL 102-- REV
TC# -;31
BRUNSWICK COUNTY RED
CK AMTLJ - CK# ej ?t/
CASH M
RNBY
THIS MASTER DECLARATION OF C FOR WATERFORD
COMMERCIAL PROPERTY (this "Declaration') is made this --%-_ day of Est
2003 by WDV, INC., a North Carolina corporation, whose mailing address is P.O. Box 1967,
Wilmington, NC 28402 (the "Declarant").
L
A. Declarant is
located in the Town of Leland,
Brunswick County, North Caiolina'whi&jto t-
_p .�.s. described in Exhibit A attached hereto and
cd(incorporated herein by reference (as more pa -,&fined in Article I herein, the
"Property").
B. This Declaration is being executed and recorded by Declarant in order to facilitate
the development of the Property as an integrated business and commercial development and to
fix and establish certain coveri `conditions ap*r-06'elWS upon and subject to which the
"t-4r. I ; ,
Property shall be improved, held, --
NOW, THEREFORE D'biclar ' s that all the real property describcd in
Exhibit A attached hereto, and any additional rearty as may, by subsequent amendment
and/or supplement hereto, be added to and subjected to this Declaration, is held and shall be
held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the
following covenants, conditions, restrictions and easements, which shall run with the land and
shall be binding on all parties haying or acquiring any righti-fitle or interest in and to the Property
or any part or parts thereof, their Ficirs, perso ;0*4 _JLies, successors and assigns, and shall
inure to the benefit of each ownqrj.tf,eR,Yf,
ARTICLE -1. INITYONS
Definitions: The following terms shall, except where the context otherwise requires, have
the respective meanings hereinafter specified:
1.01 Additional Property
"Additional Property" shall mean any of the real property of local 'dwll
Property, any of which may hereafter be annexed to and made a part the
subjected to the terms and conditions of this Declaration.
40808v3

M
1.02 Articles Inst 9 173882 Book 1813Page: 787
'
"Articles" shall mean the Articles of Incorporation of the Association, as amended from
time to time.
1.03 Architectural Review Committee i
"Architectural Review Comrnitted rneaiis-the`standin committee of the Association as
specified in Article 6 below, to 8 revb'tfie;desj -
P pp gnr c�tIs'tYti'C`C�tlti, operation, use, appearance and
such other requirements as set forth herein, of aCl $iix}illii s Structures, landscaping and other
improvements erected or to be erected, from time to time, on any portion of the Property
(together with all alterations, modifications, additions, deletions thereto).
1.04 Assessments
"Assessments" shall mean and refer collectively to all assess teilts qf i y kind 43r"?latiire
provided for in this Declaration (including, without limitatiorl;; G. ed - aal; Sp cia nd;
Specific Assessments). 7-
1.05 Association
"Association" shall mean Waterford Master Commercial Association, Inc. a North
Carolina non-profit corporation, its successors and assigns.
1.06 Board ,
"Board" shall mean the duly elected and constituted Executive Boafd of;flie LASSO on
1.07 Building
"Building" shall mean any structure on the Property which (i) is permanently affixed to
the land, (ii) has one or more floors and a roof and (iii) is normally accessible for human use,
1.08 Bylaws
"Bylaws" shall mean the Bylaws of the Association, as amd from time to time;
1.09 Common Areas
"Common Areas" shall include the following:
(i) Any and all public and private streets, roads and drives within the Property which
are designated or shown on the Plats (the "Roads");
(ii Easements for the common use, benefit and enjoyment of the Owners as shown
on the Plats (tfkblpding, without :litiitatida,.those described in Article 17 of this Declaration);
fi [ IAny Aiid ail real:pyvp Awned in fee simple, now and/or in the future, by the
Associatioii'.io. the r.6ii 431iob=trse,,betiefit and enjoyment of all the Owners (including any related
equipment, fixtures, apparatus and personal property), and all other easements and/or other
interests in real property from time to time owned by the Association for the common use,
benefit and enjoyment of the Owners; and
(iv) Any area or portion of the Propd44y designated by the Declarant or on any Plat as
a Common Area.
1.10 Declarant --
"Declarant" shall mean WDV, INC. or any legal sulo, or any Person who
shall succeed to the rights and obligations of WDV, INC. hereunder. TheUeclarant shall also
include any Person to which Declarant shall expressly assign Declarant's rights and obligations
hereunder in accordance with the terms hereof.
1.11 Declaration
"Declaration" shall mean this Mas CF:R � clafa: ofl igteatk4 Covenants for Waterford
tern .
Commercial Property, as the same ma. be: ffin hdeto_tune.
4080M

'
Inst 8 173882 Book 1813Page: 788
1.12 Directors
"Directors" shall mean the persons serving from time to time on the Board.
1.13 Floor Area
"Floor Area" shall mean the z"gf�gate_area-of,inyi f!bors-within all Buildings erected on any Lot.
Each floor shall be measured outside wall where such floor extends to
any outside wall and shal�;bt p`idasnred:to-the e67'nif Sri`{he common walls. The tenn "Floor
Area" shall not include truck ramps or shipping_delivery areas situated outside any Building,
improvement or other structure.
1.14 Institutional Mort a e
"Institutional Mortgage" shall mean a Mortgage which constitutes a first lien on a Lot on
any portion of the Property and whi8b,-is held by a bank,savitigs' end loan association, trust
company, insurance company or other re'&ignized";} ` ng.insfitution, other firms or entities
customarily affording loans secured l�Y-firstliensionfeal,property„or by an institutional or
governmental purchaser of mortgagd/lbansin tltkkgv nitary market.
1.15 Lot
"Lot" shall mean and refer to any lot, parcel or tract of land within the Property owned by
the Declarant or any4Qt, parcel or tract of land subdivided out of the Property by Declarant and
either conveyed to ano*eperson or.entityorspeoifically identified by Declarant as a "Lot" in
an amendment or supplem tito'lh'iS Deciarati6n or a Plat which is hereafter filed and recorded
by Declarant in the
)ostF,3'xit: ezcludingaommon Areas that are owned in fee simple by
the Association.
1.16 Master Cross -Access Easement
That certain Master Cross -Access Easement and Maintenance Agreement for Waterford
which encumbers the entire residential and commercial portions of the Waterford.31evelopment and
which is recorded in Book 1683, Page 1026, in the Brunswickbounty.Publiq-lRegistr.,`. l-`-"
1.17 Members
"Members" shall mean the members of the Association.
1.18 Mortgage
"Mortgage" with an initial capital letter, shall mean and refer to a mortgage, deed of trust,
installment land sales contract and security agreement or other similar security interest
instrumeAgr�nting, creating orf,,%i eying a lien upon, a security interest in, or a security
encumberedh�tlo _ G.-
1.19 M''
"Mortgagee" with imUg'lital letter, shall mean and refer to the holder of a Mortgage.
1.20 Outstanding Votes
"Outstanding Votes" shall have the meaning ascribed to such term in Article 4.
1.21 Owner
"Owner" shall mean the. Rwf 3 of ariy.. fart of the Property, as shown on the records of the
Register of Deeds of Bruns�vi;I�IkJCNftt�;,North Chi# i;-as of the date of any action to be taken
by such Owner under the previsions of`ihis-Bi c-lamien.
1.22 Person
"Person" shall mean an individual, corporation, trustee, partnership, unincorporated
organization, limited liability company or other legal entity.
.4 '
1.23 >i%3'ts..
"P{a '.jjs)iatlr rZ�iin=the plans of the Property or any property annexed thereto which are
record ed'bly Dec'1 rafi ,cf,,41%1, 6919fr•'y, as same may be amended from time to time.
408080

1.24 Property Inst p 173882 9aiode%:7813Page: 789
"Property" shall mean the real property described in Exhibit A attached hereto together
with any Additional Property subject to or which may become subject to these Restrictions.
1.25 Registry
t.'
"Registry". shall mean! the.,Of %&� of the Register of Deeds of Brunswick County, North
Carolina.
1.26 Restrictions ,
"Restrictions" shall mean the covenants, conditions, restrictions and other terms and
provisions of this Declaration, as amended from time to time, upon and subject to which the
Property, or any part thereof, shall be improved, held, leased, sold and/or conveyed, all as
hereinafter set` hVLb. �!
1.27 Roads
"Roads';'shal] hale the'mqag4ascribed to such term under the definition of "Common
Areas" herein.
1.28 Special Assessment
"Special Assessment" shall have the meaning ascribed to such term in Article 19 of this
Declaration.
' -1.29_,. ,$pecilic1Assesginent
`. Speci:TVF ass€ iment" shall have the meaning ascribed to such term in Article 19 of this
DeclaAtm�iii:
1.30 Structure`
"Structure" shall mean any physical object temporarily or permanently affixed to the
Property, except grass, shrubbery, trees or other landscaping.
1.31-:%tbdivision -
i' *bdivimon" shall min al] of that real property collectively known as Waterford
Cocn3mertiral Prdpi3ti $s shown on plats recorded in the Brunswick County Registry and all Plats
which maybe recorded Ii ithe=future showing additional sections of Waterford Commercial
Property and which are annexed into the Subdivision in accordance with Article 23.
ARTICLE 2 — GENERAL PURPOSES OF RESTRICTIONS
2.01 Purposes
-PCo ertx is hereby subjected to the Restrictions for the following purposes, which
r•_1 �:`` purposesL
atrio,iire not intended to be, exhaustive or exclusive:
~ (a) To encourage development of the Property in a manner which is free from
toxic and noxious matter and other hazards, and from offensive noises and odors and other
objectionable influences.
P... (b) : T6piomote the proper and most desirable use and development of the
Pro'P' d- * 11m. a&-.-o nm-,-With a well considered plan and scheme of development.
CQ�::. 'To conserve and enhance the value of Lots and Buildings of Owners of the
Property.
(d) To protect against construction on Lots or improvements which is of poor
design or quality and to encourage construction of improvements utilizing good quality and
attractive material and good architectural and planning standards compatible with other
improvements in the Property.
(e) To preserve and enhance the amenities [�' -the Property and,,pcpv dr r the
orderly management ement of the Common Areas. '
40808A

Inst 9 173882 Book 1813Page: 790
ARTICLE 3 — PROPERTY RIGHTS
3.01 Owner's Easements of Enioymen .
Every Owner shall have and Declarant hereby grants to every Oi_btfl a nonexclusive
•. :., i..
right and easement of enjoyment and use in and to the Common Areas
to, all roadways, walkways, entries and exits as shown on recorded maps �'i(;tj gubvisiori'
which shall be appurtenant to and pass with the title to every Lot, subjecf_�o'the proS±t?inns,oj"this
Declaration and subject to the following provisions:
(a) The right but not the obligation of the Association following approval of
the Board, to (i) dedicate or transfer all or any portion of the Roads to any public agency or
governmental entity so that such Roads shall be maintained as public roads and (ii) dedicate or
Transfer to an ,Ybli6'pc, private utility or governmental authority drainage, sewage and/or utility
easxenisist3 &part'offhe Common Areas, all subject to such conditions as the Board may
1 ete:�iine is reasoq, €:-J-he rights of the Association under this paragraph (a) shall not be
ubject ftr't%pMyAjgns of paragraph (d) below.
(b) The right of the Association, subject to the provisions of paragraph (d)
below, to mortgage, pledge, hypothecate or otherwise encumber any or all of the Association's
real or personal property as security for money borrowed or debts incurred for the purpose of
improving or maintaining the Common Areas or providing the services authorized by this
Declaration;pfgvide(Ihowever, that the Association shall not be entitled to encumber (i) the
in ;Ro ds,j da;itiage easements or stormwater holding, detention and/or retention ponds, or (ii) any
etstate w1i%a"mcowned in fee simple by the Association unless the fee simple owner of
the Af; 3i i?)eeasement area consents thereto (the provisions of this paragraph following the
phrase "provided; -however," may not be amended without the consent of all Owners which
would be affected thereby).
(c) The right of the Association, subject to the provisions of paragraph (d)
below, to give or sell or otherwise transfer'�-kjl;or any part of the Copimon Areas to any
governmental entity, public authority, public eftice district; `p''F ub)i .ti i"llty for such purposes
r: I , . ,
and subject to such conditions as maybe agreed-u on by.th6-WfA6 rs as provided in paragraph
(d) below; provided, however, that (i) this, parab ap+li;hall iYtSf''efrtYYr the Association to
materially alter or deny access over the Roads to an Owner''s aaless such Owner consents
thereto and (ii) the Association shall not be entitled to transfer any real estate under this
paragraph (c) which is not owned in fee simple by the Association unless the fee simple owner of
the applicable easement area consents thereto (the provisions of this paragraph following the
phrase "provided, however," may not be amended without the consent of all Owners which
Wburj� be affected thereby)::
} `" bTh��ights of the Association under paragraphs (b) and (c) above are
to at�to;aation�iy #tie affirmative vote of eighty percent (80%) of the votes cast at a duly
... ,
called meeting ofthe essQ-ation, subject to the quorum requirements established by Article 4,
and subject to the requirement that written notice of the meeting and of the proposed action is
sent to every Member of the that
at least ten (10) days but not more than (60) days prior
to such meeting. A true copy of such resolution, together with a certificate of the results of the
vote taken thereon, shall be made and acknowledged by the President or Vice President and
Secretary or Assistant Secretary of the Association attc}such certiftcat"- 11 �rej'it_}nexed to any
instrument affecting the Common Areas. Such certifica shallbc`^ ` '"``S`�
riFltsi Ve evidence of
authorization by the membership. r �"
3.02 Limitations Upon Use of Common Areas: I -` -
As provided in Section 5.04, the Board may establish reasonable rules and regulations
concerning the use of the Common Areas and facilities located thereon.
4080W

;r -
Inst @ 173882 Book 1813Page: 791
ARTICLE 4 -ASSOCIATION ME: 3Em• in1Y; vU i-INu tuGli'1'S;
EXECUTIVE BOARD; INSPECTION OF RECORDS
4.01 Membership.
Every fee simple Owner of a Lot shill be-a:14 inl er Qf the"Wisociation during the period
such Owner holds its fee simple interest.; : % fee simple title to a7-ptis held by more than one
person, each such person shall be a l cl lb`er btit,& votini rights with respect to such Lot shall
be exercised jointly in the manner hereinafter provided. A4r�her of more than one Lot is
entitled to one membership for each Lot owned. Each membership is appurtenant to and may
not be separated from the Lot upon which it is based and such membership shall be transferred
automatically by conveyance of fee simple title to that Lot. No person other than a fee simple
Owner of a Lot may b@_# Member of the Association, and a membership in the Association may
not be transferred except`{ .Ihe transfer of titllio- Lot.
4.02 Voting.
The Association-s'lfall have twd das,ses. of voting membership. The votes aggregated
from both voting memberships shall constitute the total outstanding votes available for voting
purposes in determining the action of the Association on any matter to be approved by vote
(herein "Outstanding Votes").
(s�)i Class "A". So long as there is Class B membership, "Class A Members"
shall.-bea•Tk.D ✓pe s-except the Declarant. The number of votes appurtenant to a Lot owned by a
Class A.`IVFeinber shall be computed as follows:
number of square feet in land area of the Owner's Lot shall be added to
the totainumber of square feet of any Building or Structure measured from the
outside walls located upon the Member's Lot to obtain a total gross square
footage. The number obtained by dividing such total gross square footage by
1,000 and rounding to the nearest whole number shall be the total number of votes
appurtenant to the Owner's'LQt_i.e., there shall be no fractional votes).
Upon termination of the Class B membefshipjMass -k Members shall be all Owners, including
the Declarant (assuming Declarant;retriairis an! ( g _ I)wr3e>), If ohly on`e of a number of co -owners of
a Lot is present at a meeting of the Association, the co-dm-; vho is present shall be entitled to
cast all the votes allocated to that Lot. If more than one of the co -owners is present, the votes
allocated to that Lot may be cast only in accordance with the agreement of a majority -in -interest
of the co -owners. Majority agreement is conclusively presumed if any one of the co -owners
casts the votes allocated to that Lot without protest being made to the person presiding over the
meeting by any of the other co -owners of the Lot. (:
(b) Class "B". The "Class B Member" "shallbe:Sfie Decl g..... e,,Class B
Member may appoint and remove the members of the Board duriri:lle Elass B Control Period
(as defined herein). During the Class B Control Period, the number of votes' tlYtasated to the
Class B Member shall be entitled to cast in Association matters shall be determined as follows:
The total number of square feet in land area of the portions of the Property and the
Add, 'onal Property owned by L)eclarant shall be added to the total number of
square of any B. or,ki4irpture measured from the outside walls located
t
upon suc 1 j�obiam� the Declarant's total gross square footage. The
nu Q r by (i),1.dkYidw -atthe Declarant's total gross square footage by
1,o6 "(1) rountil 44, _.nearest whole number i.e., there shall be no fractional
votes) and (iii) multiplyi esheh whole number by 3 shall be the total number of
votes the Class B Member shall be entitled to cast in Association matters.
The Class B membership shall cease to exist and shall automatically be converted to Class A
membership upg the termination of the Class-B Control Period. For purposes of this
Declaration, the ,B Conti-gll?eti d"%ghail:.mean the period beginning on the date of this
Declaration and to ) ' ` ,rr�t if►grph_the earliest to occur of the following events:
(i} teQlttntry relinquishment by the Declarant of its right to Class
B membership by an instt tent recorded in the Registry;
40808Q

Inst 0 173882 Book 1813Paqe: 792
(ii) the date on which the Declarant no longer owns any portion of the
Property or the Additional Property; or
4 N-i) December 31, 29741-'� f-i
Xj! 1:--j
(C) in the Association may vary from time to
time depending upon ii�er4iots S61 7
,t� d6fr . - &IT arant. A quorum consisting of ten percent
(10%) of the Outstanding Votes repieseiii6d--Members-.-.-Members in attendance or by proxy will be
necessary to vote on all decisions to be made by the Association pursuant to the terms of its
Articles and Bylaws, with a simple majority of the Outstanding Votes then present or represented
by proxy being necessary for approval or disapproval of an action of the Association (unless a
greater percentage is required by this Declaration or the Articles or Bylaws for any specific
action).
(d) Thi B YMW9 shall esfablj�?a; able procedures whereby the Association
shall, prior to each list setting forth the Members
TTSpare a voting
.Y
entitled to vote together with the number VN&6-sich may be exercised by each Member and
the basis upon which the votes were calculated. If requested in writing by a Member, the
Association will deliver to such Member annually a copy of the current voting list.
4.03 Executive Boar
The Board shall be ;�IaWish6c ridrnajlrita-f in accordance with the Articles, this
Declaration and the
(a) The number of Direcf6tftonstituting the initial Board shall be three (3)
and the persons who are to serve as the initial Directors shall be appointed by the Declarant and
shall be set forth in the initial Articles.
(b) The number of Directors shall be not less t*,three (3) nor more than fve
(5), as may be fixed or may be changed from time to time at aiiY--'kw.ual.MePti1." ..
ng witbffi'. the
minimum and maximum, by the Members or by the Directors. Each-Di�
?6& 6alf hold office until
his or her successor is elected and qualified or until his or her earfi4i p4tion:-f,6'h removal or disqualification.
7
(c) Directors shall be elected by a majority vote at any annual meeting of the
Members or at a special meeting of the Members of which notice of the purpose to elect one or
more Directors has been duly given. The election of Directors shall be a part of the order of
business of each annual meeting of the Members.
(d) A Director may resign at any time by givi I 6 resignation in
writing addressed to the President or Secretary of the Associati his
resignation in person at an annual or special meeting of Directors.
(e) Directors may be removed from office at any time with or without cause
by the Members by the vote that would be required to elect a Director to the Board; provided,
however, a Director may not be removed by the Members at a meeting unless the notice of meeting
states as a purpose the removal of a Direc00-4 a Director is repQye4p -,� dew ! . , , w Director may be
elected to fill the vacancy at the same meetin*g'�-�-
(f) A vacancy occurribiin'Ae yamaj majority of the
remaining Directors (but not less than two) at any regular ng2b-t special meeting of the
Board.
4.04 Inspection of Books and Records
The Beard shall establish .*sonable proQcdpY0 W 18 leby the Members are permitted to
'r
inspect the books and records of the
AQ6ifi&h ifritik--convenient hours on business days. The
Board may impose reasonable iiQg - N I
TOghliitions a'n4,,,,VDwodWs concerning the inspection of
books and records of the Assoll-it'i b1n incI'61d1li1119,'*tWut limitation, those which (a) provide that
the President and/or Secretary of the Association' be-eiprior written notice of the inspection;
408080

Inst 8 173882 Book 1813Page- 793
(b) limit the business days during a calendar monWduring wmcn such books and records may be
inspected to no less than four (4) business days; (c) provide a reasonable charge to a Member for
more than one (1) inspection in any calendar quarter; (d) provide that any costs associated with
the inspection (such as, for example, copy costs) shall be paid by the inspecting Member; and (e)
such other rules and regulations as the Board may estiblish.
4.05 Amplification.
l� f Ir
The provisions of this Declaration are amplified,H `tfi AsssagiatiQtt' ii__`icfes and
Bylaws; but no such amplification shall alter or amend substantiallyy ariy'6,PI (ts or
obligations of the Owners set forth in this Declaration. The provisions of this Declaration on the
one hand, and the Articles and Bylaws on the other, shall be interpreted, construed, and applied
to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, the
Z provisions of this Declaration shall control anything in the Articles or Bylaws to the contrary.
a
A T E } 51.4Y- JGHTS AND OBLIGATIONS OF THE ASSOCIATION
.1Ug Cdl irhtlti`AYeas.
Subject to the rights of Owners and Declarant as set forth in this Declaration and
excepting the maintenance responsibility for certain stormwater retention facilities described in
Section 24.01 hereinafter, the Association has exclusive management and control of the
Common Areas and all improvements thereon and all furnishings, equipment and other personal
property relating-thereoo.
_. Tjte Association's duties with respect to such Common Areas include, but
•.� are t1tJi.lirrt�ted'fo;'the followin a the maintenance of the Common Areas; (b) the
managemer'it 6pef4on, maintenance repair, servicing, replacement and renewal of all
landscaping, improvements, equipment and personal property constituting part of the Common
Areas or located upon the Conution Areas so as to keep all of the foregoing in good, clean,
attractive, sanitary, safe and serviceable condition, order and repair; (c) all landscaping of the
Common Areas; (d) the maintenance 9f adequate public liability, pro erty casualty and hazard
insurance for the benefit of the Association with respect t9 i p;-Cori on Areas; (e) the payment
of all taxes and assessments validly levied, messed;' - 1•wifti respect to Common Areas;
Il.and, (f) the management, operation, maihtenattcy !re�i�ir, se,Wiet vlacing and renewal of all
Roads and all improvements thereon; 'provided, hour ;,,Ahat following the irrevocable
acceptance of the Roads for maintenance as public rights o1't'by the applicable governmental
entities, the maintenance obligations of the Association for the Roads shall only be the extent
such activities are not performed by the applicable governmental entities. The Association also
may provide other services, such as, but not limited to, security services as the Association
deems appropriate.
(b)" -;`.., ir1 4 i>v_ent thai the need for maintenance upon or replacement of the
Common Areas atised',(i!by ccirrstim minntactivities on a Lot by an Owner or its agents or
contractors, dT`(it by thd'wY]fftr1br-negligent acts of arty Owner or its agents or contractors, then
the cost of such maintenance, replacert, t or repairs shall be bome exclusively by such Owner,
shall be added to and become a part of the assessments to the Lot or Lots of such Owner, and
shall constitute a Specific Assessment.
(c) To insure continuity and tQ protect property values, Declarant may in the
exercise of its discretion, T- uire that -all larrdscep'i 6-'be done and performed by the same entity
J.
on all Common Areas and �1U'- otswithin-tt ie property. In the event the landscaping is to be
performed by one entityi ilit,dhatges,�here-f6iYgiiUF+e reasonably allocated to the Lots by the
Association and collected by the ASsbctaritzn;
5.02 Services.
The Association may obtain and pay for the services of any person to manage its affairs
to the extent the Board deems advisable, as well as such other personnel as are furnished or
employed directly by the Assbciation or by any pers9n;wi1h whom it contracts. Without
limitation, the Board may obtain"agd_�ay fot 1eg4,�nJ,4rL0;6ting services necessary or desirable
in connection with the Com�grt area br its i3uties rjpits under this Declaration, the
Articles, the Bylaws and/or., Rules aii8 Reatlations (as defined in Section 5.04 herein);
4080M

Iasi'..-1738821 Bock fg3jPage. 794
provided, however, the Declarant shall bear all costs to establish this Declar'a of 'and related
documents required to establish the Association.
5.03 Property Owned by Association; Conveyance of Common Areas by Declarant.
The Association may acquire, hold, and dispose of real prope.ifygind,tan- i>3I 'and',;':
intangible personal property, subject to such restrictions as from_time r©�''�tp}e iii�iy, `b i;ontained
in the Articles and Bylaws. The Declarant agrees to convey to the Asse'clali0'a�l y easLrhetirbf,t`n
fee simple) the then -established Common Areas within three (3) months follow4`tW:<'!'-i .
termination of the Class B membership; provided, however, the Declarant shall be entitled, in the
Declarant's sole discretion, to convey all or any portion of the Common Areas to the Association
prior to the deadline provided above. The Association shall accept title to such Common Areas
subject to all easements, encumbrances and restrictions of record, All costs, if any, associated
with such transfer or assignment shdhg w borne by the DecWan"t.
5.04 Rules and Regulations.
The Association, through its Board, from time to1mtc ay adopt, alter, amend, rescind,
and enforce reasonable rules and regulations governing building and maintenance standards for
and the use, enjoyment and operation of the Property (including, without limitation, all Lots, the
Common Areas, and any combination thereof) (the "Rules and Regulations"). The Rules and
Regulations shall be consistent with the rights and duties established by Ibis Declaration
(although same may further restrict the use' hhe Common Areas):'I'he��les and Regulations
shall be binding upon the Owners, and the Associatior5siall ;have tie right to establish penalties
and fines for any infractions of this Declafa66' , the.:A ticles, the-Bylayws;and the Rules and
Regulations (including, without limitation it onetary ffft &-..other. sanctions for violation of
the rules which may be collected by a lien and foreclosure as a Specific Assessment). The
validity of the Association's Rules and Regulations, and their enforcement, shall be determined
by a standard of reasonableness for the purpose of protecting the value and desirability of the
Property as a first class project.
5.05 Implied Rights. -� `r ; l_
The Association may exercise any other right, power or pnvilege,given; to ex �s
i„�
this Declaration, its Articles or Bylaws, and every other right, power, or privilegei`e'a's�btYgl�ly: to
be implied from the existence of any right, power, or privilege so granted or reasonably to _
effectuate the exercise of any right, power, or privilege so granted. The Association shall have
the power to do any and all lawful things which may be authorized, required, or permitted to be
done by the Association under and by virtue of this Declaration and to do and perform any and
all acts which may be necessary or pr omfor or incidental to.tlre:exercise of any of the express
powers of the Association for the safety aril lqr- erai rvel>"u Df thCOwners. Without in any
way limiting the generality of the forggoi74! alt;11.er f5'�ii o j�days� written notice with a specified
time stated to adhere to the provisions s'e .�t.. hh'herP, tl Ws"sbcigtion shall have the power and
authority at any time and from time to time, without lrabilit}A&ally Owner, to enter onto any Lot
for the purpose of enforcing any and all of the provisions called for herein, or for the purpose of
maintaining and repairing any such Lot if, for any reason whatsoever, the Owner thereof fails to
maintain or repair such Lot as required. The Association shall also have the power and authority
from time to time, in its own name, on its own behalf or pp behalf of any Owner or Owners who
consent thereto, to commence and maintain actions and sui restrain or enjo. fir! 6
threatened breach of this Declaration, the Articles and Bylao or
ws bf the ktsoia io�p�`#o force,
by mandatory injunction or otherwise, the provisions of thlaration; ttie PG1qd Bylaws
of the Association.
5.06 Conveyance and Acceptance of Permits
The Declarant shall assign and transfer to the Association all applicable regulatory
per4nits including stormwater retention and all modifications thereto, including all duties and
respoiftilities thereun&rS"(The association by and through the Members shall be obligated to
accept tranei(fielpeir�f'iitit such rights, duties and obligations.
f � .n : II::.�.r
40808Q

5.07 Mixed -Use Common Area Maintenance Inst 9 173882 Book 1813Pa4e:
The Association shall be responsible for the maintenance, repair, operation, supervision,
administration and management of the Mixed Use Common Areas as set forth in the Master
Cross Ac&s;Easement.
ARC) I[JE'�-.-R&JEW.-.AID APPROVAL OF IMPROVEMENTS
6.01 Architectural Review Committee.
So long as there is Class B membership in the Association, the Architectural Review
Committee shall be composed of up to three (3) persons appointed by the Declarant from time to
time in Declarant's sole discretion. Witholimiting the generality lofthe foregoing, the
Declarant shall be entitled to appoint itself to &<rchitectural RI&V ## ir'_Committee. Upon and
after termination of Class B membership, the-Ari r)'teit'iiraYl2eview Committee shall be
composed of three (3) persons appointed 1Dy e�Boa 'frotp time e; who shall serve at the
pleasure of the Board. Any vacancy occurring on the Archit�d6paLl,�,eview Committee shall be
filled by the Board. No member of the Architectural Review Committee shall be entitled to
compensation for services performed unless the Board determines compensation is necessary in
order to induce persons with suitable qualifications to serve on the Architectural Review
Committee, but the Architectural Review Committee may employ independent advisors and
allow reasonable compensation to such advisors frgissociation funds. 'the -Architectural
Review Committee shall have full power to regulate all`rrfatters:as-haivb6een¢elegated to the
Architectural Review Committee in this Declaratiop., ll-decisio'ris�df4fie Architectural Review
Committee shall be final and binding on any Owner•._ :Tk� Diie_ctors; gr.Jn 'oFtht t' ) may also
serve on the Architectural Review Committee.
6.02 Approval of Plans.
No Building, Structure, or other improvement, including, without limitation, any signs,
poles or towers, paved areas or fences, shall be erected, placed or altered on any Lot unless and
until the plans and specifications therefor, a plot plan showing the loctttipn thereof on the --
particular Building site, a landscaping plan and such other plans and spec"iNati6ii
tis itti6 ;
Architectural Review Committee may request (collectively the "Plans jslallave been 5 r-_
submitted to and approved in writing by the Architectural Review Ct�stftiitittee. Tli#iigctural
Review Committee shall also be entitled to require the submissions set forth in Section 9.164_-
this Article. The approval of such Plans shall be based upon the following standards: adequacy
of site dimensions; adequacy of structural design; conformity and harmony of external design
and building materials with neighboring Buildings, Structures and improvements and with other
Bui s, Structures and improvetrtents on the Property; the affect of the location and use of the
propos #�nprovegI .,E /l p4n 6ig6boring Buildings, Structures and improvements on the
Property �ai'irtN®�gera�iAtis'-irtd uses thereof or conducted thereon; relation to topography, grade
and elevatiMME— a Lot being improved to that of neighboring Lots; proper
orientation of m o���,,�r�vith respect to nearby streets; conformity of the Plans to the
purpose and general plan an Mihtent of this Declaration and with the Restrictions; and such other
criteria as the Architectural Review Committee may reasonably deem necessary or advisable in
order to effectuate the general plan and intent of this Declaration. The Architectural Review
Committee in its sole and uncontrolled discretion, may withhold its approval of such Plans for
any reason (including, without limitation; Wthetics). In the event_the Architectural Review
Committee fails to approve or disapprove suc�i°'- ns, i w_Tnirig v�ittii� 4x 60 days after the
it ry ( ) y
same have been submitted to the Architectu 1, f � c8inmitte'e, then such Plans shall be
deemed to have been approved; providedril�dbbr; tftntaack of appipyil=by the Architectural
Review Committee shall not waive any express covenant cdiii :j4o },,herein. In the event of any
disagreement on the question of suitability, the decision of the Architectural Review Committee
shall be final.
6.03 Cost of Review.
The_OwrtpF:or any other person having its Plans reviewed hereunder shall pay for all
cpstS B isac� ted.,tivitlfreview of its Plans by the Architectural Review Committee including any
)expemse- br architectural, engineering or attorneys' fees. Such sums shall be paid prior to final
appm, I f`9d Pans. The Architectural Review Committee may adopt a schedule of reasonable
y Q�
fees IOI Pfoeespg applications and a construction deposit to the Architectural Review
aosoa�3 10

.i''•'- - Inst 0 173882 Book 1813Page: 796
Committee. Such fees, if any, shall be payable to the Association, in cash, at the time the
applications are submitted to the Architectural Review Committee. In the event that the
foregoing expenses and fees are not paid by the Owner, they shall become a lien of the
Association on the Lot as a Specific Assessment.
6.04 Certificates of AiWoyal. I
Upon approval oft' at>s s set fo fi abbve� the. Architectural Review Committee shall,
upon the written request oP fer,.;i sug a ce,`i=tii ead executed by the Association stating that
the Plans have been approved, and if the iinprdveii'iopp are constructed in substantial accordance
with such Plans, the Architectural Review Committee shall, upon the written request of an
Owner, issue a final certificate of compliance as set forth in the next sentence. Upon final
approval of any construction by the Architectural Review Committee, it shall, upon request of
the Owner completing §uch construction, issue a certificate of compliance signed by the
Association stating that t o onstruction was -qpnst"�n a ied in accordance with requirements of this
Declaration. •�^ _ _ � ._„ �1,� % - -
6.05 Liability. I, ri j
The Association, the Members of the''A' iation, the Architectural Review Committee,
the Declarant and their respective employees or agents shall not be liable in damages to anyone
submitting Plans for approval or to anyone affected by this Declaration in connection with the
exercise of the rights or duties under this Article or by reason of mistake in judgment, negligence
or nonfeasance arising out of or in connection with the approval or disapprovlal of the Plans. All
persons who submit plans or specifications to the bitectura)�uir vil �bYgmittee for approval
agree, by the submission of same, and every Owner _ot ny otW ees byacquiring title thereto
or an interest therein, that he will not bring anyct�dn� bY.'stht. aainsfth#ztiation, the
Members of the Association, the Architectural Aview Coi& i]&e .the,Dr plarant or their
respective employees or agents to recover damages arising from or in anyway connected with
this Declaration or the approval or failure to approve any Plans submitted. In regard to any Plans
approved by the Architectural Review Committee, neither the Declarant, nor the Association, nor
any member of the Architectural Review Committee, nor any Member of the Association, shall
be responsible or liable in any Vor (i) any defects in any Plans, (ii) any structural defects in
any work done according to such Plab5, or (i_�i),:tlwfailt tgbf ih-e Plans to comply with any law,
rule, regulation or code.
6.06 No Deviation After Annroval.
After approval of the Plans by the Architectural Review Committee, no deviation
therefrom shall be made during construction which would materially change the scope of the
improvements and no changes in exterior quality or appearance of the improvements thereby
contemplated shall be made, without prior written approval of the Architect&lgeview
Committee. -
6.07 Submissions._(
The Architectural Review Committee may require all or any part of the following
information to be submitted to it in connection with the consideration by the Architectural
Review Committee of any Plans, submittal or application:
(a) Architectural plans and elevations for tfitluposed Buil4mg;or Buildings,
which shall include outline specifications designating materials a` electrical and
structural systems, and samples of external colors r �t•J� F
(b) A site plan showing the location and design of Buildings; setack lines,
driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas
and sidewalks;
r.( A grading plan and -planting plan, including screen walls and fences for
analysis of adegiiaby,of visual _scpeenin—egrosion control, drainage and landscape architectural
design;
ljj=`i.f_ x
(d) A sitepl ttowing utilities and utility easements;
408080

�.! Inst: 9 173882 Book 1813Page: 797
(e) Plans 'for�all signs to be erected, including details of materials, location,
design, size, color and lighting;
(f) A description of proposed use of the improvements in sufficient detail to
Permit a determination (i) of the extent of any noise, odor, glare,..vibr tion, smoke, dust gases,
hazard, radiation, radioactivity or liquid wastes that may-{b&'thereby cled; and (ii) as to
whether or not the proposed use complies witlt'ttierlitlfing to in ordinances, the Restrictions,
and other laws and governmental regulitioniappiicaly)% ,jhereto;
(g) Any other information as may be reasonably requested by the
Architectural Review Committee in order to insure compliance with the Restrictions.
6.08 Variance.
F=_ gig.* @t cit I� I_Aeview Committee shall have the right to approve a variance from the
f : ! >eSti��fidrts'"restklti; frpm an inadvertent error in surveying of lot lines, or unintentional
i , _., yi g
rhislo(;g�%jul rovements on a Lot, at the sole reasonable judgment of Architectural Review
Committee, pro`'Aditapproval of such variance does not violate the spirit of the Restrictions.
6.09 No Withdrawal of Approval.
Once the Architectural Review Committee has approved Plans for Building or other
Structure and such Building or other Structure has been constructed in conformity withl§uph
Plans, the approval shall not be withdrawn and such Building or *er Structu sbidfi
j'"t', eafter
be deemed to be in compliance with these Restrictions as then in,e£fPct lie rtTided.
ARTICLE 7 - BUILDING.LINES�
= P.
7.01 Building Lines.
The Architectural Review Committee shall determine the location of (and setbacks
applicable to) any Building or Structure on the Property, having regard for all relevant
consideift s, communisy,wi�{t;itaiWards, size, shape and location of the property, the type and
use of the BUT f''
��� P-'ti Qture-an� any other reasonable considerations. The areas between
proper�yjPih@� l�dfet�5ack ar hu ML71ines ("Building Lines") are to be used only for landscaped
areas, irlGitis, drived�and=.wglks in accordance with other provisions of this Declaration. With
the written approval of theAklhif€ctural Review Committee, off-street parking may be permitted
in required yards provided that appropriate landscaping areas are maintained, and further
provided that no parking shall be permitted within ten (10) feet of property lines adjoining a
public street, or within six (6) feet of other property lines. Incidental, low profile Structures may
be permitted within areas between property lines and Building Lines only upon prior written
approval of the Architectural IZet+ w Committee t i�fi*proval may be withheld in the sole
discretion of the Architectural Revic�a,Cftff1ittee :LSuch structures shall be of the same or
comparable quality and des@@ 4'.AA,'ta'h1end_hanii Wady- -with the Buildings erected or
permitted to be erected on loci.
7.02 Minimum Setback Lines.
No Building or Structure of any kind and no part thereof shall be placed within the
setback lines estab)is al by applicable Town of Leland and County of Brunswick laws,
' '
q�dinar}ces,'dejplions. Provided, however, the following improvements are expressly
(�7Fg12irYfhose setback restrictions so long as permitted by the applicable ordinance:
.#rz ,, Structures below and covered by ground;
00 steps, walks, parking areas, driveways, and curbing;
(iii) planters, walls, fences or hedges, not to exceed four (4) feet in height;
(iv) landscaping
Inn J
O aCL�+.A.tlter,in rovements approved in writing by Declarant.
4080M

7.03 Site coverage and Stormwater Runoff Rules,
Inst 0 173882 Book 1813Pag.ea'1798
All Lots are subject to the State of North Carolina rules and regulations concerning
stormwater runoff as these rules and regulations may be amended from time to time. Without
limiting the foregoing, Declarant or its designee, including the Architectural, eview Committee,
reserves the right to impose additional restrictions upon the Property as to the Xtont requiredi'b:
the terms of the stormwater permit for the Waterford Development as issued.b the-'ta`t_pf'
North Carolina. Such additional restrictions maybe imposed by Declarant ti�;}ie'recoi}ing,of a
Supplemental Declaration, and no joinder or consent of the Association or -any other owfi&bf= ;°:;;,.•
person shall be required on such Supplemental Declaration.
(a) This covenant is intended to ensure ongoing compliance with State Stormwater
management Permit Number SW8020510, as amended, as issued by the Division of Water
Quality under NCAC 2H.1000 and any subsequently issued permit$ of modifications.
_ -�
(b) The State of North Carolina is.?nac)ef ailienefinuary of fhi gJQgyenants to the extent
necessary to maintain compliance with the st'grrinwater n3l"19,"51 peiritif.
(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 Wa,,,er Quality.
r'
(e) Alteration of the drainage as shown on the approved plan may_asot
without the concurrence of the Division of Water Quality.
(f) The maximum built -upon area for outparcel(s) and future areas shown on the `
approved plans is as set forth in said permit which is basically an allotment of 85% impervious
surface for each property. The specific allotment shall be specifically set forth as to each
property in its contract of sale. This allotted amount-i cludes any built -upon area,constructed
within the property boundaries and that portion of the iight.-of--way_betwee iWilot:fines and the
edge of the pavement. Built -upon area includes, but is not !l' I)il -iteti to-,4ruetures, asphalt,
concrete, gravel, brick, stone, slate, coquina and par4ipg'�Y,eas; l ut does nut ntla raised, open
wood decking, or the water surfacc of swimming poofis.`
(g) The runoff from all built -upon area on the outparcel or future area must be
directed into the permitted stormwater control system.
`•,.
(h) Built upon area in excess of the permitted amount will require a permit
� Qdificatiep! "
rl
TMIFffiffiction from the outparcel's collection system into the stormwater control
shall be `riiade:sti%c)t t-at short-circuiting of the system does not occur.
6) Each outparcel or future development tract whose ownership is not retained by the
permittee, shall submit a separate offsite stormwater permit application to the Division of Water
Quality and receive a permit prior to construction.
(k) Declarant reserves the right in its sole discretion as state*rmwatorperixtjts_
modified to recalculate and redesignate maximum built upon areas asj, j;foith_N'l( above,..
provided such recalculations and redesignations are in accordan4e yiwstate gt riueatei peitniis
In addition, if any property as finally constructed does not use its allocated built upo2rarea,
Declarant shall have the sole right to reclaim such excess allotment and reallocate it to remaining
properties in its sole discretion.
- _ ARTICLE 8 — PARKING AND LOADING
Parking
_l
j' :1*1a JJarkung gt�qwbiles, trucks, or other vehicles will be permitted on any public or
ptwate sf edrsit thcl?ro erty, and it will be the responsibility of each Owner to provide at all
times sufficient parkifYg-and loading facilities on its Lot at least to the minimum standards set
40808v3
13

Imt AI173�8r" ljook 18131?dg@ ' i99
forth herein, and each Owner shall be responsible for compliance with the provisions of this
Section by its employees, customers, visitors, invitees, tenants, and motor carriers serving the
Lot. Each Owner shall keep available and maintain on its Lot paved areas, or land for future
paved areas, at least as set forth below in this Article 8.
8.02 Parking Areas, i
Parking areapl 9407,i At as ap*ved b the Architectural Review Committee (subject to the
requirements of Town-rof) ela td:aracj-Counfy bTtrunswick laws, ordinances and regulations). If
parking requirements increase as'a re'strl€ €a:'change in use or number of employees, additional
off-street parking shall be provided by Owner to satisfy the intent of this section. All parking
facilities and private drives must be approved by the Architectural Review Committee. In
addition, there shall be no parking within the entrances, exits and driveways of or on a Lot.
8.03 Loading Docks.
I :..,-,i
No loading dock shall be erected fib tilrgifLarlj�ufsttc street unless adequately screened
by landscaping or other screening aPPpI�d•I11Phe�AichttPuaL eview Committee pursuant to
Article 6.
8.04 Pa_ vine.
Paving of any portion of any Lot used for driveways, parking areas and loading areas
shall be paved with a dust -free, all-weather surface and shall be kept in a good condition and
state of repair as approved by the Architectural Review Committee.
8.05 Curbs: Drivewav Connections.
Subject to applicable law, the edges of all paved areas, driveways: acid `laadg are
adjoining a landscaped area or open space shall be formed and secured -with standard C,6"c
curb and gutter or other neat, permanent edging materials unless otherwise approved in writing
by the Architectural Review Committee.
8.06 Parking Lot Light Fixtures.
The specifications for the parking lot light fixtures shall Ubw determined frorxt tirrie io
time by the Architectural Review Committee. Rom': ,.-
ARTICLE 9 — BUILDING CONST�tj[IC"i`ltON
9.01 Building Construction.
All Buildings erected on an Owner's Lot shall be constructed with exterior materials
approved by the Architectural Review Committee. All walls of Buildings shall be finished with
face brick, stone, glass or other attiActive surface not othppv seiprohibited, as approved by the
Architectural Review Committee pur5fi7a�yt to A iglg 6-dI i •bcclaration. The use of any other
materials shall be permitted only u�pt�thE 7 iF""Fi _tie¢ tr �j keview Committee's prior written
approval.
9.02 S ecifications:
(a) Every Building shall be built to the following specifications which:
(i) provide adequate fire protection systems;
(ii)� _previdtfPY:.all_i�#idt?rground utilities (public and private);
Ares r9 A—% ality and atmosphere of the area and do not detract
from adjacent'pifiperties;
(iv) do not include exterior fire escapes; and
(v) do not make extensive use of reflective or mirrored glass.
hBttildiiig; complex of Buildings or separate business enterprise shall
have a taasfi. durYtpster`bn th@;Prepyisgs.adequate to handle the trash and waste items generated,
manufactired'or ad4(AkAhe[eon by such activities. The sorting, removing and disposing of all
such waste materials must be'ccinsiantly housed or screened in a manner approved in writing by
ao80M 14

Itist 0 173882 Book 1813Page. Boo
the Architectural Review Committee. All facilities and plans for the disposal of wastes other
than by public sewerage methods (such as shredding, compaction, incineration, reclamation or
chemical dissolution) must be approved in writing by the Architectural Review Committee.
(c) Each kitchen facility within'restaurant shall contain a,w�tFr flushing
garbage grinder disposal. Scheduling for grease traps, trash removal ,attd shall be as
set forth in the Rules and Regulations promulgated by..Declaran€gi Ass'ociatton.
(d) All Structures will be equipped with guttecs;`dow'M, µjs and/or other
interior or exterior drainage conveyances if determined appropriate by the Architectural Review
Committee and are tied in underground to storm drainage system.
(e) No excavation shall be made except in conjunction with construction of an
improvement. When such improvement is completed, all exposed 4 " * shall be baclt-filled
and graded.
ARTICLE 10 — LANDSCAPING AND MAINTENANCE OF GROUNDS AND
BUILDINGS
10.01 L..andscrtning Plans.
All Lots upon,lvhichng is constructed shall be landscaped in accordance with (i)
applicable Towf; p;f Leland and'County Df--Bm swick laws, ordinances and regulations and (ii)
the plans appro,�el by the Arci tet i alReview Committee pursuant to Article 6 hereof.
g
Landsca P� to plans shall be submitted to the Architectural Review Committee prior to
commencement of any construction and all landscaping plans, once approved by Architectural
Review Committee, shall not be altered without the Architectural Review Committee's prior
written approval. Landscaping plans shall include adequately defined information pertaining to
areas to be landscaped with4jV, size and locations of planting materials. Landscaping pursuant
to such landscaping plans approvkd by the.Architectural:R.uview Committee shall be installed
within thirty (30) days after the oecdPanr-y of aomPl.ition of a Building, whichever occurs first.
Landscaping shall
(a) Be required on all sites contemporaneously with completion of other
improvements, but in no event later than thirty (30) days after first occupancy or completion of
Buildings, whichever shall first occur.
!.-Eonform to a landscaping plan approved by the Architectural Review
o -1 iCally, such approval will be limited to landscaping plans which:
id prove automatic undergrounds sprinkling p g systems for all
landscaped areas directly adjacent to the Building;
(ii) do not obstruct sight lines of street or driveway intersections;
(iii) preserve existing trees within any buffer required by the
' "Ar6itectural Review Committee and/or the Town of Leland (it
'! "being understood that trees within the buffer CANNOT BE
4LEMOVED without prior written approval of the Architectural
Control Committee; and
(iv) permit reasonable access to public and private utility lines and
easements for installation and repair.
10.02 Landscaping Outside of Building Lrines• Screening of Parking and Loadine Areas.
-17 `ti..}.,
All areas between required Building Lines`2d-pmpeity. link iiot used for drives, walks,
parking, and loading areas must be attractively lanilseaped `and mariitai�Fih, The landscaping
plan shall include the use of indigenous trees; evergreetis''palfiiayand. other subtropical material
conducive to this area and other landscaping plants approved by tfie Ftirhitectural Review
408080 15

• i I..
Inst 0 173882 Book 1813Page: 801
Committee. Grou sofindi ind
igenous g ous trees and tall evergre.„s luau oe provided between property
lines and Building Lines along streets to provide year round screening in these areas. All
parking areas and loading areas shall be adequately screened from adjacent roadways and/or
properties.
Not less than fifteen percent (151K) of aE_rl� �:gtiihall:be itevoted to Green Area unless
otherwise approved b the Architec, PP Y , � ,t+l�$1jl�e,�ljew.Cbmmittee., As_used herein, "Green Area" shall
`..•:
mean an area of land associated wpth,':-lord located can the same 4act of land as, a Building or
group of Buildings, in relation to which it serves t6 -r-D fide ljght and air or scenic, recreational or
similar purposes. Such space shall, in general, be available for entry by the occupants of the
Building or Buildings involved, but may include a limited proportion of space so located and
treated as to enhance the amenity of the development by providing landscaping features,
screening for the benefit of the occupants of those in neighboring areas, or a general appearance
of openness. `F3rfe�n Area may in�c1}tjei b{t� stall not be limited to, lawns, decorative planting,
wooded areas, lard- toapi t `a i g cai �rffrg``structures that are not protruding more than ten (10)
feet above gnoU{{'}}d�(y>sI _Sid alk� �y�)Cways, active and passive recreational areas, and
water surfades'tHa�f corripfi.i�srgre than twenty-five percent (ZS%) of the total Green Area. It
shall not include parking lots or otfi&-Vehicular surfaces or accessory Buildings.
10.03 Rubbish: Mowine.
The record Owner of each Lot shall keep the property free of rubbish and trash and shall
keep grass, weeds and undergrowth mowed so as to keelthe Lot in a neat-and-cieanpondition.
10.04 Maintenance of Landscaping Sprinklers.
The landscape development having been installed, shall be maintained`iy the Owner or
tenant of the Lot in a neat and adequate manner subject to the provisions of 5.01(c), which shall
include the mowing of lawns, trimming of hedges, and removal of weeds from planted areas on
the Owner's Lot and public and private rights -of -way adjacent thereto. Maintenance of the
landscaping developmehl, ha11 include remulching,.replacement of all plant material included in
the approved landscaping -,A sprinkler-soiiiu,�4:adequate watering shall be required for
all landscaped areas (exce thR e`wrlitihavelseen left in a natural state). Declarant and/or
Association reserve thej�ii o yr e u§Irnf ii%s�water for irrigation from reuse water
ponds and the corres oriain right toro1i P g g ze,use of individual wells.
10.05 Maintenance of Clean Condition- Com liance with Laws- Dis osal of Trash.
Each Owner and tenant shall keep its premises, Building(s), improvements and
appurtenances in a sa e�'% Y, clean and ne-co7tdition (including, without limitation, all
necessary painting, repair le
ITeotriply with all governmental, health, and
police requirements.every tenant and occupant of a Lot shall remove at its own
expense any rubbish ol` i;ANIoeat�r�I raster. wnicY t4Yay accumulate on its property. Rubbish
and trash shall not be disposed of oiitite pi rEaises by burning in open fires.
10.06 Association's Right to Maintain.
In the event any Owner, tenant or occupant does not comply with the provisions of thi,
Article within ten (10) days after written notice by the Associatioii-,-3 Associatioaatid4lts:' 1
representatives or employees shall have the right to enter on such Lot4 iiidii�� tfoiii th_p,W1' 1-k `"
specified in such notice and the Owner, tenant or occupant, each llliiyt ig _V ]ity thereittr�i f
pay the cost thereof within thirty (30) days following demand. Il`titi cost osui li:vrk is not
paid after such demand is made therefor upon such Owner, tenant or occupant, it shaf13 Mco ne a
lien on such Lot as a Specific Assessment. In addition, the Owner, tenant or occupant shall be
deemed to have contracted with the Association for that work and the Association shall be
entitled to file and enforce a mechanic's lien against the interest of the Owner, tenant or occupant
for the cost o,,,,that work and to recover the, cost of that work and any other allowable fees or
expenses in arctfarice with
l(�f9 fiy}y{ai(alikta mechanic's Lien law.
'� ,�_�- �• .Try
408080
16

10.07 Drainage.
Inst 0 173862 book 1813Page: 802
Where storm water drainage is not piped, it shall be passed through drainage ditches and
swales which may be constructed and maintained on each Lot by the Owner thereof (at such
Owner's expense), and,such drainage ditches and swales shall comply with all rules, regulations
and::cequiretltet)tri'�j�xtnsWick County and/or the Town of Leland and/or other governmental
e10iek, distric s:-oi authority(ies) having jurisdiction.
ARTICLE 11— OUTSIDE STORAGE
11.01 Outside Storage; Screening.
No outside storage of any type (including, but not limited to, materials, supplies,
equipment�f. inished or semi -finished p{oducts, raw materials or articles of any nature) shall be
stored or perrni* to remain o&i1fi JVOt%vtside the Building or Buildings constructed thereon,
without the prio_r�+ {i (iapprbv `r the Architectural Review Committee pursuant to Article 6
(except dur{ng tlai�ti nstruchsH'.ti 9dflding). Any permitted storage shall be screened
and/or fenced in accordance Wthep xerms of the Architectural Review Committee's approval
and shall be continued only in accoi�d'nce with the terms of the Architectural Review
Committee's approval.
11.02 Trash Facilities.
Facilities for storage of waste and rubbish s611be maintained in closed• containers of a
type approved by the Architectural Review Committee ih turitipg andirlb,Caitoits ivith fencing
and landscaping approved by the Architectural Rev{" btiiiii Stee`in Rev-
-writing. All trash facilities
are subject to further rules and regulations adopted, Et !De ct]afallt;pT.AssoCialib'ii.`
11.03 Storage of Liquids.
The bulk storage of any liquids on the outside of Buildings shall be permitted only in
locations and in a manner as may be approved in writing by the Architectural Review Committee
�_nd the Town o€.11 gr County of Brunswick.
ARTICLE 12 — MINERALS
12.01`= 141irera4111=L_�
No oil or gas drilling, oil development, mining or quarrying operations of any kind shall
be permitted upon the Property, or any part thereof, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon the Property or any part thereof without prior written
approval of the Board.'';c:..�
ARTICI{3jT
13.01 Sign Requirements.
Subject to approval by the Architectural Review Committee, one (1) temporary sign may
be erected on a Lot prior to and during construction of any Buildings or Structures thereon
(unless additional temporary signs are approved by the Architectural Review Committee). After
construction is substantially complete, such temporary signs shall be prompt�',_removed and may
be replaced with an appropriate permanent building identification signage as aporpved.jpM {j —='
by the Architectural Review Committee. Each building identification sign wQ ]te canjirWterl of
standard materials prescribed by the Architectural Review Committee. LlitleSs iha' o}.>..w.ritteti
approval of the Architectural Review Committee is obtained, no building identification stgri`sTtst]F::'; -
be attached to any Structure or Building located upon a Lot, and each building identification sign
shall be free-standing and located in a manner intended to provide ready identification from
Roads or other rights -of -way located within the Property.
The Plans submitted for appi`O.A] pursuant to the.
.re ui efiients of Article 6 above shall
identify the location of the pennanent lii3ildi idefit �"XiA 1. Sigh, if any, which the Owner
desires to locate upon the Lot. Relopat 0 ri'f,'p�ririrane�jtNi�l�iinp identification signs are subject
to approval by the Architectural Revi- Comri. _, f
and other features and characteristics of anothte�t ton, the location, style, graphics,
Y m1So ai or permanent signs (including,
4080W
17

Inst '8,2. Book 1813Page: 803
without limitation, directional signs, traffic control signs and promotional signs) shall
JiMl be subject
to the prior written approval of the Architectural Review Committee,
Any and all signs oil the Property must comply with all applicable requirements and
ordinances of the Town of Leland and/or County of Brunswick. Flashing QE.,rnov-ing signs shall
be prohibited on the Property.
J—,
13.02 Sign Approval.
i19 j
All signs Must be approved by the Architectural Review Committee in�riting prior to
order, purchase or installation. Normally, such approval will be limited to those signs which:
(a) Identify the name and business of the occupant, or which give directions, or
which offer the premises for sale or lease. The Committee shall appr6'4mll signs prior
- .
nor to-- -
installation and may impose size limits. No advertising signs or billboards
structure(s) of any kind shall be erected on any Unit or displayed to th VIA,
e�
subject to these restrictions without prior written approval of the Co
t hall
not apply to signs erected by the Declarant, including signs used to identify and dve'r`ti`s`6�/"tr'ff'-t'-:='
Properties as a whole, or construction identification signs approved by the Committee showing
Unit numbers and name of builder, or for a homeowner for the purposes of identifying the
homeowner as a resident on said Unit. Declarant or Committee retains the right to modify this
restriction including the right to disallow signs altogether or torequire that all signs must br-of
similar size and color. Declarant or Committee has the light toe&F upon the upit. and-&i 8ve
any unapproved sign.
-1 L
7
NJ - '�.?,
(b) Are not of unusual size or shape when C1611hp-ared to'thAWftm Qr
_,g
Buildings on the Property; or
(c) Preserve the quality and atmosphere of the area.
Signs Of a fl*.ing or moving character -au
_ . 0 inappropriately colored signs will not be permitted.
The Associatiohlkpll have ,.tbe-rikh(tornt� on and to remove any sign erected without such
written approy RTIcCA TM4-: 'MWIT TED AND PROHIBITED USES
14.01 Nonresidential Purposes.
Lots are hereby restricted exclusively to nonresidential Purposes; provided, however, this
covenant shall not apply to hotels, r.4ptels, or similar temporary
q�ay facilities. This Declaration
specifically provides that the NoTth'&ina Plann ' eACori"uAhV'-Act (N.C.G.S. §47-F) does not
apply to the Commercial Property.
J
L
14.02 General Restrictions.
The Property shall be used only for those purposes as permitted in this Declaration and in
the zoning ordinances of the Town of Leland and/or County of Brunswick in force and effect on
the date of this Declaration (as the same may hereafter from time to time be amended). The
Deolallf- sees the right, hQwe-ve; further to limit or restrict the use of a articular Lot or
I esry
Lots unde%Vl`Oy.�Jlp, tiioughout these Restrictions. No use will be made of any Lot
or any N,111&F6r"-r6df
, ny'Efuildin g or Structure thereon at anytime, nor shall any materials or
qd, Pi6
i&br stored thereon or therein, which shall in the opinion of
)
the Declarant aridi!rti�O'Alftfural Review Committee cause an undue fire or health hazard to
adjoining properties, detract or' -hinder the visibility of adjoining properties, or constitute a
nuisance or cause the emission of noxious odors or gases or smoke, or cause noises or other
conditions which might violate the purpose and intent of these Restrictions and development
criteria or which shall constitute a violation of any law of the United States, the State of North
Carolina, County of Brunswick and/or Town of Leland, or any other applicaTs6,0w, ordinance
ft
rule or regulation. No antenna or tower shall be erected on the Property for any pdripose-wi 'ptit
prior written approval from the Declarant. Satellite dishes will be allowed a!
piri;Architectural Review Committee in its sole discretion. b.y AdFf
408090 18

r .i:. l.'.. ..
Ii1st't` 14.03. Prohibitions. 1.7138,82 Book 1813Page: 804
'
No operation or use shall be permitted or maintained which causes or produces any of the
following effects discernible outside the improvements or affecting any adjacent property:
(a) Noise, sound or vibYaion tha�i�:abjectonahle because of its volume, duration,
intermittent beat, frequency or shrillnes5l
(b) Smoke;
(c) Noxious, toxic or corrosive fumes or gases;
(d) Obnoxious odors; or
�� t
(e) DUSiylrt 4L A�s'aslr: ~i:-' i.
(f) lie\fo-f16fat sturohibited: agricultural uses, kennels, sanitary
_-
services, mint warehouses, a ulE etifeinment establishments, bars, cabarets, discos, fruit and
vegetable stands, funeral homes, stables, dwelling units contained within the principal use of the
structure excluding security personnel, all recycling facilities, outdoor bazaars, Christmas tree
sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church.
The only excavations allowed on the Property shall be those made in connection with
con tl tion of an improv m tt4 and then only when proper protection is afforded to adjacent
property: <Jpofl;rioiYi (�Siuii.ouch excavations, all exposed openings shall be backfilled and
dis ribtited:grorids siia��grarecl, stabilized and restored as close to its original condition as is
pra6ica'ble. (A,
ARTICLE 15 — UTILITY CONNECTION
15.01 Utility Connections.
All public.utiliV connections and installations of wires and conduits and gas lines or the
_.. 8.gutvaleut:ttot$ytl)�gs-'Tixcept for those servicing temporary construction) shall be made
utfd�gtt>iittcf from the nearest available power, gas or other services source. Transformers,
tnf fs [ ...y�3or o 'erapparatus shall be screened and landscaped, and all such installations
�-� .��3�YP �'
shall be subjebt fi rior written approval of the Architectural Review Committee pursuant to
Article 6.
ARTICLE 16 — SUBDIVISION
16.01 A r&) 1 b ArchitecturaLRevieiv Committee.
Except-A"� `''`�'"
tFcf} i ��tYon 16.02 and 16.03 below, no Lot shall be subdivided nor
shall any poii;igjN� "se� to sa9'e�;'�1 6*6r rented, nor shall separate Lots be combined, unless
and until the plan for su . P
oswd3ubdivision or separate sale, leasing or renting or
combination shall have been submitted to and approved in writing by the Architectural Review
Committee and, if applicable, any governmental authority having jurisdiction thereof. The
Architectural Review Committee shall not approve any subdivision or combination which would
violate any setback, open space or other requirements of this Declaration or of any applicable
governmental entityAayi>;tf" urisdiction thereof. Notwithstanding anything herein to the
cg ry,.the. 6vdlr .`".Architectural Review Committee of subdivisions or combinations
._ , d_ _Y
o y5t(l e q 0 i;d-by&Demnt as provided in Sections 16.02 and 16.03 below shall not be
i utred_ : s
16.02 Subdivision by Declarant.
The Property owned by Declarant may be subdivided by Declarant into individual Lots.
16.03 Combination; Resubdivision by Declaratit:•:. =
Lots owned by Declarant may be combi ;edlaiid(oi resubdivide*i1FJ)rAlarant's sole
discretion and without the need of approval or '-nsentY b ari " ";
P provided all Lots resulting
from such combination and/or resubdivision meet all applicable goverriiri'eiital subdivision rules,
408080
19

Book 805
regulations and codes. Resubdivision resulting in a violation of setback, open space�o'r other
requirements is prohibited.
ARTICLE J.7 — EASEMENTS
17.01 Utilities.
In addition to easements and rights-6fzW'ay in exit'i&ice:at-;�the time of the conveyance by
Declarant of any Lot, non-exclusive easements and rights-of-way�'ar"&'-;i'eserved in favor of the
Declarant and the Association in, over and under a strip of land ten (10) feet in width along all
rear and side parcel lines for utility easements to be utilized by the Declarant and the Association
for the installation, maintenance, repair and replacement of such utilities (including, without
limitation, electricity, gas, 1:614phone, cable TV, wateri, sCgFT and drainage) as may be necessary,
appropriate or desirable for oth'Afteyellm v and the servicing of Lots within
_iiid when the Property. The execution of foq'v'�'k" en such utility easements shall be
deemed by the Association 6 appr p.qg FCH'ely at the discretion of the
ale shalf'BW ' Z
-t execute any such easement agreements
of an, Lot affected. For such purposes,
Association, and the Association shall
without the joint execution or the consent of he t
the non-exclusive use of all or any part of such easements and rights -of -way may be granted or
conveyed by the Association to any person, firm, governmental unit or agency or corporation
furnishing any such services. In the event that (i) an Owner shall be the Owner of the adjoining
Lots or (ii) a subdivision or combination of an Owner's Lof(§)kp been effected in-acqprd-ance
with Article 15, such Owner shall have the right, at its sole cost - 7-11i � I 1� 1; k
,,expen.Wl�io r 411-
I �� elp c4fe�
easements reserved under this paragraph to another location.upolj*_ Lots ,provided
that (i) such relocated easement provides substantially the 9Lme-'s �rv_icq* -a" 2=2L,
. ohgGl easement
and (ii) utility services to other portions of the Property are not interrup-te-d'- T`Kv­_X&giation
shall, upon satisfaction of the conditions and requirements set forth in the preceding sentence,
execute such instruments of documents that may be necessary or desirable to relocate such utility
easements at the Owner's expense. Nothing contained in this Section 17.01 shall place any
obligation up9n the Association for the installation, maintenance, repair or replacement of
utilities withA4, easement areas-re.s,er�..4,lunder this Section unless the Association expressly
assumes such obPi`tjgn- foil.
oVaof the Members at a meeting duly called subject to
the voting and lqdo'ru'm' rdqt1h fhen.
in Article 4.
7
17.02 Recr
eational Pathways Eas,iitn t Areas.
The Declarant may, at its option, establish easements across any portion of the Property
for recreational pathways (the areas so devoted to such recreational pathways easements being
referred to herein as the "Rccreationa],Pathways Easement Areas"). If recreational pathways are
constructe . dt)kpny Lot, DecJ -` jp_` : I
locate the RecW da i�f� !41mrlt gtpc* to use good faith efforts, to the extent practicable, to
Ja�s.
areas which * Easement Areas in the vicinity of the edges of such Lot or in
atdrially,.use or value of the Lot. The Declarant and all other
Owners hereby graM aA'd'- lv y;_tp the Association, its successors and assigns, permanent
nonexclusive easements and 'rigs sbf way over and under the Recreational Pathways Easement
Areas for the purposes of (i) the use of the Recreational Pathways Easement Areas for pedestrian
traffic within the Property, (ii) maintaining, repairing, replacing and improving the recreational
pathways located from time to time within the Recreational Pathways Easement Areas, and (iii)
performing any ob,!*iorjs of the Associatior)-av Th respect to the Common Areas as are specified
�? "
in Article 5 of this Declklition ,_
17.03 Entrance
The Declarant may, at its option, establish easements for entrance signs for the Property
and fencing (the "Entrance Sign Easement and Fencing Areas") in locations to be determined by
Declarant. The Declarant and all other Owners hereby grant and convey to the Master
Association and the Association, its successors and assigns, permanent nonexclusive easements
and rights of way over and under any Entranift§jgn Easement andf-encing Areas for the purpose
of (i) the use of the Entrance Sign Easement and Ydkein$#.g4i:a' - 1 ' f `
-the Common Areas for
the placement of such signs and fences there' 6�, 6;-dp rb�,6a by . IheArchitectural Review
t cti%
Committee from time to time, (ii) cons ru
r palinn . g, re pi acing and improving
signs and fences within the Ent in ai 'ft
Entrance Sign Easement d Fenc: . ing= teas;, and (iii) performing any
408080
20

,Inst 9:.173882 .Boots 1813Page. 806
obligations of the Association with respect to the Common Areas as 'are specified in Article 5 of
this Declaration.
ARTICLE 18 - PRIVATE ROADS, RESERVED EASEMENTS, AND
RESERVED RIQVTS
18.01 Private Roads.
In the development of the Property, the Declaranf=Ynay cons`tineC=t~e ain`_.Tgate streets
within the Property connecting parcels of the Property to public rights -of --way '' to'the Roads.
Except as set forth in the Master Cross Access Easement described hereinafter, the Owners shall
have no more than an easement for ingress and egress over and across such private streets for
themselves, their tenants, agents, employees, representatives, invitees and assigns, and there shall
be no public rights of any kind therein except as may be dedicated by the<'Declarant. Declarant rl
reserves unto itself its successors and assigns, all easements and rights of waycpger the, priyalte
roads and Common Areas for ingress, egress, utilities for access to and devplopM'en p: f ahy
property. �._.
J
J.
18.02 Master Cross -Access Easement and Maintenance Agreement.
The Declarant has recorded in Book 1683 at Page 1026 of the Brunswick County
Registry a Master Cross -Access Easement and Maintenance Agreement for Waterford which
grants to Lot Owners'hexejn a right of commQn,xeciprocal access, ingress, egress and use of such
Mixed -Use Common Areass`a�describe.-�Ethere!T arid'- the allocation of expenses of maintenance
of such areas. All Lobs arT,1�4 PCia tlfe t6 s_Btl Ippnditions thereof and are held together with
all rights and privileges;as §et forth in=;tlle_Masfer Cross -Access Easement.
18.03 Reserved Riehts.
Declarant reserves unto itself, its successor and assigns the following rights:
(i) the right to complete improv66nts indicated.,? 'fa}agdplans;
(ii) the right to exercise any devdldpM(*V' gh>s;
the right to maintain sales offices, management ofi; signs advertising the
Property or any additions thereto or any other property owned and/or developed by Declarant;
(iv) the right to use easements through the common elements for the purpose of
making improvement¢ within the Property or within real estate which may be added to the
Propert
r; 1Li`
r
1 "_J ���� . J (v) % f tr i�i►t to make the Property part of a larger planned community or group of
not%
Platlm}�pities;
(vi) the right to subject the Property to a master association; and
(vii) the right to appoint or remove any officer, director or executive board member of
any propertA ners' association (including, without limitation, the Association, any sub -
association and/6fgke Master.As iati o)Airing the Class B Control Period.
j ; '.__ 1A212TI - -ASSESSMENTS
19.01 Assessments Established.T " a
(a) General Annual Assessments as provided in Section 19.02 of this Article.
(b) Special,,Assessments as provided in Section 19.03 of this Article.
(c) Specific Assessrneius a� prouidtid in Section 19.04 of this Article.
All of the forek6ing (togeihef ,v&IFintgrost at the maximum rate allowed by law, court
costs, late charges, charges for reasonable attofadys' fees and all costs and expenses of
40608v3 21

I Inst: 0' I33M Book 1813Page: 807
collection) are continuing charge on the land and are secured by ii'continuing lien upon the Lot
against which such assessments are made, as provided in Section 19.08 below. Each assessment
(together with interest at the maximum rate allowed by law, court costs, late charges, charges for
reasonable attorneys' fees and all costs and expenses of collection) is also tine personal obligation
of the person who was the Owner of su&-,Lot when such assessment l tcame due and is a lien on
the Lot, which lien will remain on the Lot even -if title to:the(l o; is Er2ti§ferred to any other
person or entity whether or not related to the-0wne�;`t3Epvideti; however, the personal obligation
for delinquent assessments shall not pass.16 the 6wnefs..sucdes ors'iti"title unless expressly
assumed by them. Co -owners of a Lot shall be jointly atid'sevatly liable for the entire amount
of the assessment.
19.02 General Annual Assessment.
The General Annual ASsesSiMot shall be used orbex I - to promote the recreation,
;ugiv
health, safety and welfare of the Ownei-S�ithirt'fliiyJj5';operty including without limitation, (i)
the operation, management, mainterII ¢e,•.rC air; servici
`�� R ttr.G,tty, renewals, replacement and
improvement of the Common Areaa it`d othE¢sposibyhties of the Association set forth in this
Declaration, (i i) taxes assessed on the Common Areas;triiji itsurance on and with respect to the
Common Areas (including liability insurance); and (iv) all other general activities and expenses
j of the Association, including the enforcement of this Declaration. The General Annual
Assessment shall be utilized for payment of costs and expenses relating to the following (which
list is not intended tck be exclusive or exhaustive):..
(a) Street lights aMr Eifllother utilities;
(b) Street ligfirtrtlti�rranre;.
(c) Common Areas maintenance reserve;
(d) Maintenance of the Common Areas (including, without limitation,
recreational pathways, irrigdtio_n systems and landscaping
(e) Street ali7dsideut+atle sPOW removal;
(� Liability if surance,' `
(g) Officers' and directors' insurance;
(h) Tax preparation;
(i) Bookkeeping;
(j) Office suppli44i7 _k pnntin _ .
(k) Property taxes on Common Areas (main road, internal road, sewer access);
(1) Common signs and sign easements;
Stormwater,RetenfioH. Facilities maintenance and repair and compliance
with all terms ande?tsiitiq�n ::ijf StotrHivatei- etention permits which charges, maintenance and
repairs are per��'VlFdetrQrdReszdential Association and billed to Association for
inclusion in t(zell�eneral{_sessment;
(n) Stormwater Retention Facility maintenance and repair and compliance
with all terms and conditions of stonnwater retention permits which charges, maintenance and
repairs are not performed by the Waterford Residential Association or any individual property
owner or r ject.
�E, .
('o)'-'--, ; Pik 0,kPd&'arid repair of drainage and utility easements;
Nj
'
lJ%
(P) 1vfet?atoe, cleaning, repair and replacement of Roads until accepted for
maintenance by the appropriate goiti knmental authorities;
4080W
22

IJ
Inst 173881 `Book 18T`3tage8081....
(q) Storm repair, replacement and cleanup; and
(r) Mixed Use Common Area Expenses as established in the Master Cross -
Access Easement and Maintenance Agreement described herein.
The General Annual Assessment provided for herein shall commence on
conveyance of each Lot to an Owner other than Declarant and shall be proratAd basediiirn.the_.
number of calendar months, or portion thereof, remaining in the fiscal year in which the
conveyance of each Lot occurs.
19.03 Special Assessments.
In addition to the General Annual Assessment ''tttq.Association may_lev.,y2,.0ecial
Assessment for the purpose of defraying, in whole or in parf;�,the st�cil eny,; cjaits�tion,
construction, reconstruction, renewal, repair or replaggmebfk a)c p tariinprltyp�p; � upon the
Common Areas and for such other purposes as may b�ietermtnedtiine io itrrte by the
Board, provided such assessment first is approved by a vote of two-thiids t2%3:of the votes cast
at a duly called meeting of the Association, subject to the quorum requirements established by
Article 4, and subject to the requirement that written notice of the meeting and of the proposed
action is sent to Members of the Association at least ten (10) days prior to such meeting but not
more than sixty (60) days prior to such meeting. Any such Special Assessment may be payable
in one or more installments with or without interest as the Board deter mites,_
Notwithstanding anything to the contrary _ � - r and o Y g ary contained in this Del�latatio ,TIteB"oard Cray; at;• ;
any time and from time to time, levy a Special Assessment should the$oard detIL11 py;3laere
shall be a deficit in its receipts versus its expenditures for any fiscal year of the Association. "P}ie
purpose of such Special Assessment shall be to defray any such deficit. Approval is required of
the levy of this Special Assessment by a simple majority vote of the votes cast at a duly called
meeting of the Association for the purpose of acting on such Special Assessment, subject to the
quorum requiremerfts,.established by Article 4 and subject to the requirement that written notice
of the meeting and of t]iix ropose rpti �i sai3l jMhe Members of the Association at least ten
(10) days prior to such mpol yi i Q` e n�hrrt�ofe than sixty (60) days prior to such meeting.
19.0.1 Speci::c Assessments.
Any of the following costs and expenses may be assessed by the Association as a
"Specific Assessment" against any specific Lot or Lots in the event the Owner (or Owners) of
such Lot (or Lots) fails to pay such indebtedness due to the Association within thirty (30) days
after written demand therefor: (1) any and all accrued indebtedness ohhy Owner to the
Association arising under any provision of this Declaration, arising by cont ex
�.I
implied), or arising because of any act or omission of any Owner or p son,for"wh61 c duct
such Owner is legally responsible or to cover the costs incurred in bri In a iot ` _ ......
compliance with this Declaration, the Articles, the Bylaws or the Rules and Regula siShe
Association; (2) any common expense or portion thereof benefiting fewer than all of the Lots;
and/or (3) any costs incurred by the Association to bring the relevant Lot(s) or Common Areas into
compliance with the terms of these Restrictions, the Articles, Bylaws or Rules and Regulations
caused by the failure of Owner, or the Owner's agents, I sees, guests, or invitees, to comply with
such provisions (including, without limitation, any acts otiligence or miscondttet>',Ite event
any Owner fails to perform any obligation required herein, the Assoc' t-o-- may Rer-fdt ri such
obligation on the Owner's behalf, assess a fine for sucifaili)ie `(o: Efii>!p�ly; anci;lexx,tjejcost of
such performance or remedy against the Owner and th 9 vn�r's L6t asa,S ecific Assessment
hereunder.
19.05 Amount; Due Dates.
'lie assessment period shall be thegf4,scal year. The amount of the General Annual
Assessment, as determined in accordance wit'9 udget prepaCed.`a__66 ding to the criteria
contained in Section 19.02, shall be fixed by thep.Mrd4l-'op 30 of each calendar
year: provided, however, that the amount j ,E3ei� V Artnual,Asst3ssment for the first fiscal
year shall be fixed by the Board within sixity-(60) days`i% ,Wirgdt)e,recording of this
Declaration. Written notice of the assessment shall be given each`Oturter. The Board shall
4080 i,. 23

i `3'tis7 tl 173882 Book 1813Page: 809
establish the due dates in its discretion. The General Annual Assessments shall be paid at least
annually, although the Board may require them to be paid more often. As to each Lot (but
subject to Section 19.04 above), the amount of each assessment shall be the sum obtained by
multiplying the total General Annual Assessment amount as described above by a fraction
having as its numerator a number equal to the gross sgugre feet of Owner's Lot.and;Buildings as
described in 4.02(a) above and as its denominator a numberkqual to,theifblal'sy iard:f6otage of
all Lots in the subdivision plus the total heated square _(ooxai a ofiaf 1')ui�diigs erected on Lots
within the Subdivision. I:;•,; :;:;;;
19.06 Commencement.
The assessments provided by this Article will commence as to each Lot on the date of the
conveyance of the Lot to an Owner other than Declarant.
19.07 Asses�Tn 0 Lien.
AtIft�! , s kss_essed to any.`I o Qther with interest at the maximum rate allowed by law,
court costs,-da e charg@s;.10arges,for reasonable attorneys' fees and all costs and expenses of
collection) are secured by a conffniing lien on such Lot in favor of the Association. Such lien is
subject and inferior to the lien of any Mortgage encumbering such Lot as provided in Section
19. I I, below; but all other lienors acquiring liens on any Lot after the Declaration is recorded are
deemed to consent that such liens are inferior to the lien established by this Declaration whether
or not such consent is set forth ingthe instrument creating such,-{ien. The recording of this
Declaration constitutes constructive fines;ice to all-suosequ - 4pj� chasers and creditors, or either,
of the existence of the Association's lien ax�_}s pti9siY3%: , �?he Association from time to time
T
may, but is not required to do so;l recoFd a=notice of liett:Agaf Many Lot to further evidence the
lien established by this Declaration.
19.08 Association Remedies.
Any assessment or portion thereof not paid within ten (10) days after its due date is
deemed to be delinquent and shall bear interest at the lesser of (i) the rate �liteen percent _
(18%) per annum or (ii) the highest rate permitted by applicable law from the d of such; r; ;'; .1
default. The Association shall be entitled to enforce all remedies ofthe As QE}}anoiipxov(ded
herein for delinquent assessments if such delinquency continues for thirty !J;days fglfewipg -------
written demand by the Association to cure such delinquency. Upon an Owner's failure to a
any installment of an assessment for which installment payments are permitted, the Association
may declare the whole assessment immediately due and payable upon ninety (90) days notice as
aforesaid. The Association may sue the Owner personally obligated to pay such assessment for a
money judgment and/or may foreclose its lien against the Lot. A.suit to recover a money
judgment for unpaid assessments may be maintained without forec`% ' g, waiving,oth . _ or ery�,
impairing the security of the Association's lien or its priority. No Own �a Ls�rai_ve gr., -seape
liability for the Association's assessment by nonuse of the Commafijl ralra"ndQnm,
such Owner's Lot. L_;��
L•u L..r _
19.09 Foreclosure.
The lien for sums assessed pursuant to this -Article shall be deemed a mortgage for the
purposes of, and maybe foreclosed by appropriate. action in accordance with Article 29A of
Chapter t of the North G Molina General Sta d ws;\oi:may be foreclosed in any other manner
permitted by law. In any sur h foreclos,'uro;.t wrier is required to pay all costs and expenses of
foreclosure, includir rei�corLabl attorney „fe�srljl such costs and expenses are secured by the
lien foreclosed. Sttc}i a ier als'etis: t airAd to pay the Association all assessments against the
Lot that become due during the period of foi Closure, which also are secured by the lien
foreclosed and will be accounted and paid as of the date the Owner's title is divested by
foreclosure. The Association has the right and power to bid at the foreclosure or other legal sale
to acquire the Lot foreclosed, or to acquire such Lot by deed or other proceeding in lieu of
foreclosure, and thereafter to hold, convey, lease; -rent, use and otherwise deal with such Lot as
its owner. .l.f any fore`Adaure sale results-iiii a di %ft ency, the Owner shall remain liable therefor.
The Association may, not, 1 n ae=¢ Bets iSe acquire Lots except pursuant to foreclosure of the
Association's lien �it pui`sNrit t"deed iif.'1idd4ftforeclosure of the Association's lien.
4080M
24

Inst $ 173882- saok }k3Page: 810
19.10 Subordination of Liens.
The lice provided for herein in connection with a given Lot or Lots shall be subordinate
to the lien or any Mortgage that is of record as an encumbrance against such Lot or Lots. The
sale or transfer of any Lot pursuant to a judicial foreclosure or foreeJosure by power of sale of q-;
Mortgage encumbering any Lot shall extinguish any subsequent assessihpnt lien,-wlaich'H4s "!!
attached and become effective with regard to the Lot being so transfgae�l;arl�s1a811�{ir`a}iibit the
creation of any lien against such Lot on account of expenditures >4hjc#i'becaitje:d-u- prior is$}ie '
date of such sale or transfer; provided, however, that there shall be a lien on theiPi'ieiest5.;ofthe
purchaser at such sale which shall attach, be created and become effective, and be foreclosed in
accordance with this Declaration and which shall secure all assessments becoming due after the
date of any such sale or transfer. For the purposes of this section, a sale or transfer of a Lot shall
be deemed to occur on the date of recordation of a deed or other instrument of title evidencing
the conveyance of record title to the Lot.
19.11 _Exemption of Declarant. I:
Notwithstanding anything to the contrary contained in this Dec farativlslJeclarant shall be
exempt from the payment of Assessments for any (i) unsold Lot(s) owned by Declarant which
are unplatted or platted of record in the Registry and (ii) any other portions of the Property
owned by Declarant.
e:
19.12 _Working Capital
At the time title to a Lot is conveyei} ttf-;iri3Owner byr,Dent and in every transaction
thereafter involving the sale of the LoP,=each new OwneTsltall:eontribute to the Association as
working capital an amount to be designated by the Declararif t-Si th amount not to exceed the
amount of the total General Annual Assessment due relative to such Lot during the calendar year
of such conveyance). Such funds shall be used for operating and capital expenses of the
Association such as prepaid insurance, supplies and the expenses of maintaining the Common
Areas as provided herein. Amounts paid into the working eapital fund are not to be consered
as an advance payment of the General Annual Assessment. A1T kin al' 1 6s' t
a ca' p�
619
become a part of the general operating and revenue funds of the,Asw¢iatiizi'f..'.�,'�-'`"
ARTICLE 20 —ASSIGNABILITY OF DECLARANT-&-R-1G.1 AND
DUTIES
20.01 Assignment of Declarant's Rights.
.-; Declarant may assign any or all of its rights, powers and reservations as Declarant
here u o anypgrs ' 6ity:which owns or controls a substantial part of the Property or in
connect[ rvr _ b{fraisfer by Declarant to any person or entity of substantially all of
atning Rroptm�-Where such person or entity evidences its consent in writing to
acceit such as �rti�"�d assume such duties, he, she or it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same obligations and duties as
are imposed upon Declarant hereunder and Declarant shall be relieved thereof. The term
"Declarant" as used herein includes all such assignees and their heirs, successors and assigns.
ARTICLE 21—ENFQRCEMENTAND DURATION
21.01 Covenants rtniiitgiil`h. y
The c it'ions, co'verams;restrictions and reservations herein contained shall run with
the land, and be binding upon and iiSttfe#a the benefit of Declarant, the Association and the now
and future Owners of every part of the lands now or hereafter covered by the provisions hereof;
shall create mutual, equitable servitudes upon each Lot in favor of every other such Lot; and
shall create reciprocal rights and obligations between and among Declarant, the Association and
the respective Owners and tenants of all Lots and privity of contract and estate between
'DRf�tarant, tl� Asso ijat�otjland all Owners of said Lots, their heirs, successors and assigns;
pry d9Q I�6� 0' viiiy the Declarant or its assignees shall have the right to exercise the
d r Td ary poi n.reserved to the Declarant.
uly.: ,
V.
4080W 25

21.02 Enforcement. Inst 0 173882 Book 1813Page: 811
These Restrictions may be enforced as herein provided by Declarant, the Association, any
Owner, or any tenant with approval of the Owner of the Lot of which the tenant occupies in
whole or in part, and violation of any condign, covenant, restriction or reservation herein
contained shall give to Declarant, the Associaii&ti;:and tq t)iei0 Ai-:' dr.titiiy of them, the right to
bring proceedings at law or in equity against lbeparty, fFartie�-Violating or attempting to violate
any of said Restrictions, to enjoin them fro'ml'' "a in `'D • se`5'tit }i (ion to be remedied, or
to recover damages resulting from any such violation. t`l v 4­'1 t1 in'ssion to act, or condition
which violates these Restrictions shall constitute a nuisance and a ery remedy available at law or
in equity for the abatement of public or private nuisances shall be available to the Declarant, the
Association and the Owners. In any legal or equitable proceeding to enforce the provisions
hereof or to enjoin their violation, the party or parties against whom judgment is entered shall
pay the reasonable attorneys' fees of the partyi_'or parties for whorls 'udgiiient is entered in such
amount as may be fixed by court in such proc4iil,ng..S dire' }'
exclusive. The Association shall have th r�ig}t to re `edgsshiall be cumulative and not
��jj ff Il Y Y.Xx4S44n,9f this Declaration and
the Bylaws and assess the costs of remedyirtg satire a ainst;tkxe�_offening'Owrier as a Specific
Assessment. For any violation by an Owner (including, liii iioiiiiiti d to, the nonpayment of
any General Annual, Special or Specific Assessment), the Association shall have the right to
suspend the offending Owner's voting rights hereunder and the use by such Owner, his agents,
lessees, employees, licensees and invitees of the Common Areas in the Subdivision for any
period during which a violation continues (except that such penalties may not be for more than _
sixty (60) days for violation of any of the Association's published Rules and Regulations).. Tfi0 -
Association may establish a schedule of fines for the violation of this W(Nratip ie:Arti, 1e5,'
Bylaws and Rules and Regulations. The remedies provided by this Secttgp'ictiirtfitive-:aiad,,
are in addition to any other remedies provided by law.
21.03 Dedication.
It is understood that from time to time Declarant or other Owners or the Association may
dedicate portions of the-;, gerty to various governmental bodies or to public utilities, to be used
ikgublic streets„zf�il}tfCd 'dors, or similar purposes essential to the use and development of the
Proerty';- _ -
f : 1J_,�
21.04
All Restrictions and other provisions, except for liens for assessment, herein contained
shall be deemed prior and superior to all Mortgages now or hereafter executed upon land subject
to this Declaration, and to all leases covering part or all of any Lot; provided, however, the
violation of these Restrictions shall not defeat nor render invalid the-iien,.of any Mortgagetnade in good faith and for value, nor the leasehold estate of any tenant except i%e ex fbtb&lnv_ise`
expressly provided in its lease. If any portion of the Property ld_ d P Y is sopn.,'llrcbany:,M:
Mortgage, any purchaser at such sale, and his or her successors and `assigrid,�sF 1ph
all of such properties purchased subject to all of the Restrictions and other provisions-Nei$oq; _
fully as if such purchaser were an original party to this Declaration.
21.05 No waiver.
a°-1,
Jig failure of D9F,4 rit `dn any Owner or the Association to take action to enforce the
provision§_hereofiiu'tq ettjgikt-tfit ifviolation shall in no event be deemed a waiver of its right
subs�e�j iG tlX,todo'sd 'n¢s}hall_be deemed a waiver of any subsequent default or of the V
conttihu on oR.ariy�iA;,q default nor shall such failure give rise to any claim or course of
action against Declaranf,;+�iation or any Owner.
21.06 Duration.
Thesq_Restrictions shall run with and bind the land and shall be binding upon and shall
inure to the 6&e fq of the Agsociati�..' lle:Declarant and each Owner, their respective legal
representatives, h .irs tiG`essai�:aiid assi a gns and parties and all persons claiming under or
through Decla ant;©rant Mrier-Ilm•a • y ( ) years, at which time the Restrictions
,.X.. �iod of twenty 20
shall be automatically iltteisd.for;su`9cessive periods of ten (10) years; provided, however, that
there shall be no renewal or exteiisioif of this Declaration if, during the last year of the initial
aosus�3 26

j t`,6:173882 �`,B669 1813Page: 812
period (or during the last year of any subsequent ten (10) year renewal period), three -fourths
(3/4) of the votes at a duly held meeting of the Association are cast in favor of terminating this
Declaration at the end of its then current tern; provided, however, that so long as Declarant owns
at least twenty percent (20%) of the Lots including, without limitation, proposed or planned Lots
in the Property, no such urination shall be effective without the written approval of Declarant.
It shall be required that writfe` otice of an, tVe ong tWhich such a proposal to terminate this
Declaration is to be considered,-seftiri.-_ Yt}tthe )act that such a proposal will be considered,
:. ,4
shall be given each Membe�lat leag"t (3Q.).days'iri4iffiTice of said meeting. In the event that the
Members vote to terminate this Dec laratibri; t t&ident and Secretary of the Association shall
execute a certificate which shall set forth the resolution of termination adopted, the date that
notice of such meeting was given, the total number of votes of Members, the total number of
votes required to constitute a quorum at a meeting of the Association, the number of votes
necessary to adopt a resolution terminating this Declaration, the total number of votes cast in
favor of such resolution, and thziptal number of votes c2,st-a�t inst such resolution. Said
certificate shall be made of record aiii may b -Tvi}g� �u1ptj >'tat t ie correctness of the facts
contained herein as they relate to the -f6r r}ijiati�n 41 t- is Declaration.
I. , $.,w
21.07 Amendments by Members.
(a) The procedure for amendment shall be as follows: All proposed
amendments shall be submitted to a vote of the Members at a duly called meeting of the
Association and any such proposed amendment shall be deeaa_ied approved if sixty-seven gercent
(67%) of the votes cast at such meeting vote in favor of such Aposed amendment; pi-o:Yitiled,
however, that so long as Declarant owns at least twenty percent (2"/q).pFTCbts:iriclGding,
without limitation, proposed or planned Lots in the Property [sitct�.airlericlmentsha}j,-
effective without the written approval of Declarant. Notice sh�tiball be givei eaehklv4etnber at least
ten (10) days but trot more than sixty (60) days prior to the date of the meeting at"wFi 7r•such
proposed amendment is to be considered. If any proposed amendment to this Declaration is
approved by the Members as set forth above, the President and Secretary of the Association shall
execute an addendum to this Declaration which shall set forth the amendment, the effective date
F .. of the amendment, the,date of the meeting of the Association at which such amendment was
adopted,Pg dat_6Zh k kQtice of such meeting was given, the total number of votes required to
'epns€itufz it quotdi-It at a meeting of the Association, the total number of votes necessary to adopt
(" 'fhe'4m6hdment;th al number of rotes cast in favor of such amendment, and the total number
- oFJoEes ciasaeainst the amendment. Such amendment shall be recorded in the Registry.
Furthermore, these Covenants may be amended unilaterally by Declarant so long as it
owns twenty-five (25%) or more of the Lots, including without limitation, proposed or planned
Lots in the Property, exclusive of public rights -of -way by recording the appropriate document in
the Registryi And by giving notice of such change to the then Owners of Lots. No such
termination, efigpsion, njodii§pi ion a.'�ai-iiendment shall (i) be effective until a proper instrument
in writing has bee c". "
�rfud.�ci itoivledged, delivered and recorded in the Registry or (ii) affect
any plans, specificaf�q_ or use iheiifoTeilapproved by Declarant or any improvements
theretofore or thereafter iitadirgursitutt to such approvals. Retention of this right to amend by
Declarant is not intended to affect tlie7general or common scheme of development for the
Property, but to correct and/or modify situations or circumstances which may arise during the
course of development.
(b) ` tendments by the_Iv�.oratteV� to this Declaration shall be subject to the
following additional limifarns:_—
�� ) fan °io ..�
y prQ�.'tons oit its Declaration expressly prohibit or place
litmitations upon an amendment to tits Dee7�t8tion, then such provisions shall control over the
provisions of this Section 21.07; and
(ii) this Declaration may not be amended so as to alter any obligation
to pay ad valorem taxes or assessment for public
designee or sImprovements or so as to deprive Declarant, its
uccessors or•,igns of any rights_ ;gra6(dljor reserved unto Declarant without
Declarant's Written approval "'_.'-
408090
27

Inst: R 173882 Hook 1813Page: 813
ARTICLE 22 -RIGHTS OF HOLDERS OF INSTITUTIONAL
MORTGAGES
27..01 Inspections; Notices.
Any holder of an Institutional Mortgage which is a first lien on,;a 1 �Ui�yitk 5it`C will, upon
written request to the Association and payment of a fee, if ari:.''estafj)is1a'ed`[ic,Qrd, be
entitled to: =
(i) Inspect the books and records of the Association during normal business hours;
(ii) Receive a copy of the annual financial statement of the Association, if any,
delivered to the Members;
(iii) Receive written notice of all meetingofa AsstX'--'it�p a d�t ie'r ght to designate
a representative to attend all such r1rfitg.
(iv) Receive written notice of any condemnation or casualty los`s`46t affects the
Common Areas;
(v) Receive copies of any thirty (30) day notice of delinquent assessments given by
the Association to an Owner under Section 20.09 applicable to a Lot upon which
'�E-bolds an Institutional-?vlq�ogage;
(vij_ ]'$6 i ewritten imlianz ardefault (other than a default in the payment of
asses smeiifs tr-this Declaration by an Owner of a Lot upon which it holds an
Institutional Mortgage if such Owner has failed to cure such default within thirty
(30) days following demand therefore by Association;
(vii) Receive written notice of a lapse, cancellation, or material modification of any
,insurance policy or fidelity,bond maintained by the Association; and
(viii)_ ec,�ive %Yritien.-notice of any proposed action that requires the consent of a
tfrt'$:percentagCo - rAtvtional Mortgage holders.
• s,.
ARTICL`I+ 23 -ADDITIONAL PROPERTY
23.01 Additional Property.
During the Class 13 Controt;P�,eriod, Declarant shall haze .the right fiom time to time,
without the requirement of any consetit~),f the Mejubers; b aitijeat any or all of the Additional
Property into the Property, thereby subjecting;�f4 I" itional Property to the coverage and
operation of this Declaration and the Re? t , ctious herei ddnMM. The Additional Property
may be annexed hereto by filing ofieeord in tie
�� amendment to this Declaration or a
supplement to this Declaration (a "Supplerental Declaration") with respect to the Additional
Property (or the relevant portion thereof) which shall extend the operation, effect and
enforceability of the Restrictions of this Declaration to such Additional Property. The
amendment or Supplemental Declaration may contain such complementary additions and
modifications of the Restrictions c6ni wined in this Declaration, as; may be necessary or
appropriate in the sole judgment of Dedarrattt to t.{h�_aaf�'er6ft character, if any, of the
Additional Property provided such additiotlsaw�f rnoct#�icfions as are not materially inconsistent
with the plan, intent and spirit of tljis pec�8iatiQn.- _ z
40K0M
28

Inst 0 173882 8�ok 1813Page 819' `'
ARTICLE 24 — COORDINATION WITH WATERFORD RESIDENTIAL
PROPERTY ASSOCIATION
24.01 Stormwater Retention Facilities.
Certain stormwater facilities physically lbc )e< ott IWaierford'ePpig3orcial property
subject to this Declaration are interrelated with andloi cot tYieC't'dd19,-stormwater retention
facilities within the residential property and subject to the residentialli}eci'ration. The
stomtwater retention permit described herein will be transferred to the residential association
which shall assume the responsibility for those stormwater retention facilities enumerated in the
permit. The residential association shall perform all maintenance and repairs to such facilities
and shall insure compliance with the permit conditions and requirements. Such charges shall be
billed to the c6 'ibrcial asso5iatjan id,ie•ineluded in the General Annual Assessment. All
J.
necessary easements oria'cce8�xl.tixa3nfenance, repair, reconstruction and all other easements
necessary to �d e� ttiese� cifities tn6- to pl attce with the permits are reserved over those
properties adJci i said .a i nd,will be shown on recorded maps thereof. The commercial
association, as part of the genera] as`setstnent, shall prorate all charges associated with the
commercial stormwater retention facilities to commercial property owners based upon the ratio
that the impervious surface square footage allotment to each property bears to the total allocation
of the facilities.
ICL12l! -- IISCELLANEOUS
25.01 Notices.
All notices, consents, approvals or other communications (herein called Notices) required
or permitted to be given hereunder shall be in writing and shall be deemed to have been properly
given if sent b,�+ registered or certified mail, postage prepaid, addressed as follows:
If to Declai-A*-, V, Inc.
1967
..`.5 Xilming ton. North Carolina 28402
If to the Association: Waterford Master Commercial Association, Inc..
P. O. Box 1967
Wilmington, North Carolina 28402
n
If to any Owner: At the addrespecife�i, lathe deer} �rb�tt Declarant to the
Owner of the, Lora 4l err or at such other address
providedlin writidf I' tie '- tp, h Assidiarom time to time by
s; .
the Owr4i (if any).
If to an Institutional
Mortgagee: At the address provided in writing to the Association by
such Institutional Mortgagee.
Declarant, any O or -In3tifilt o
notices are to be sent .•�' � � tS8l.bivrtgagee may change the address to which
l� ott�ee-o _ ����$ " � � o�'such address change to the Association in the
manner herein befor.`e_ 'v`.tded {le Assiti+ t2 Fcim ray change the address to which notices are to
be sent to the Association by deliveLttfgii e of such address change to the Declarant, the
Owners, and any Institutional Mortgagee in the manner herein before provided. Notices shall be
deemed given on the date of the registration or certification thereof. The Association shall not be
bound by any change in record ownership of an), Lot until it has been given notice of such
change in ownership and the address of such Owner in the manner herein provided for the giving
of notices. n
msos�z
29

25.02 Consent.
Inst: 0 173882 Book 1813Page: 815
Every person who now or hereafter owns or acquires any rights, title, estate or interest to
any portion of the property covered hereby is and shall be conclusively deemed to have
consented and agreed to every covenant, condition and restrfdS n contained herein, wor
whether not reference to this Declaration is contained in the instrument uvhich such person ayi{1 ' an
interest in said property. " :.
25.03 Subordination of Deed of Trust.
The lenders and the trustees of any Mortgages encumbering the Property as of the date of
this Declaration have joined in the execution of this Declaration so as to subordinate their
respective deeds of trust to the terms and provisions of this Declaration.
25.04 Paragraph Readings
tP.
Paragraph headings a� nserted."U.. ti�nce only and are not intended to be a part of
this Declaration or in any way to define, limit, ot`&6' a the scope or intent of the particular
paragraph to which they refer.
25.05 Severability.
If-any­rovision of this Declaration is held to be invalid by any court, the invalidity of
;' -: �ucli:pro�isrbi'shall not affect the validity of the remaining provisions hereof, and for the
I. putlposes i1er,�E:povenants as contained herein shall be deemed to be severable each from the
f`
'withQul qualification.
25.06 Governing Law.
This Agreement and the separate provisions thereof shall be construed and enforced in
accordance with the laws of the Slue of North Carolina w'thrau regard to principles of conflict
of laws. =' , i� ',\
ARTICLE 26 —RED IG1A1�I(�N� E EASEMENTS
26.01 Changes. s^ e
Declarant hereby reserves the right, in its sole discretion, to change, alter, designate or
redesignate streets (including Roads), utility and drainage facilities and easements, and to
change, alter, designate and/or redesignate.;spch other present and proposed amenities and
facilities as may, in the sole judgment of Dec t, be nece si table within the Property y�Sl
and/or Additional Property, except that Develo al)f%� v }ub n"g}tt to change, alter or
redesignate the character of the use of the t lhOP . R ��T_ -
�Q, Qerty. `4 wFmn ._._.
y L�S•� �
26.02 Services. -
An easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services to enter upon the Lots and
Common Areas in the performance of theh° _ hes. Also, an ease a kµs7iereby established over
all Lots and Common Areas for the benefit o� ca lg ' 1 `'
* }i �ei�c1J , rtfal`�gencies for the setting,
removing, and reading of water meters, m.iir;tsi� g;2t `1'lzlslacrn�water, drainage and drainage
facilities, garbage collection and delivery biiri�iL`l
IN WITNESS WHEREOF, the Declarant has caused this Declaration to by duly
executed as of the date first above written.
WD V, INC.
BY
Preside fi'
408080
30

NORTH CAROLINA Inst 8 173882 Book 1813Page; 816
NEW HANOVER COUNTY
- a , Notary Public of the State and County
aforesaid, certify that Robert C. G.
om y- cam&'beffif&iA this day and acknowledged
that he is President of WDV, INC., a North n'r"-iina"r.6p&h4RP' and that by authority duly
given and as the act of the corporation, the foregoing instrument was signed in its name by its
WITNESS my hand and official sea] this day of 2003.
I is
MY commission expires:
0,
Zr p'Ft y
0 12
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
­-�ER
The Foregoing (or annexed) Certi ficate(s) of SANDRA S &_ GI
Notary(ies) is (are) Certified to be Correc't.
This 17XICft, Filed for Re#sq0 j 0.n this, 26th Day of August 2003
en in the Book
- . A
RO J. RO INSON, Register of Deeds

13 1 ef
a
EXHIBIT A
inst 0 173882 Book 1813Page: 817
0: u
(jigU.
Of [-:� i 1, j.d 11 Rl�,
a
UK 1 uUP u:1 m
h1lNg! I
hit ,
I I
glib I ;!
Kill
— — — — — — — — — --
MNA9 -4
ARM dsodaozffvm 'm
MOA STC1 xozx—
I .w_
,
.SanS*0ri
.9,661 1w
I W4� S
......
...
.
C6 cs
ME
m
LU
o
L Ljm--ter
*101 wzOp &ZOOM
a
Ill