20052146 Ver 3_CAMA Application_20071016

CAPE FEAR
Engineering, Inc.
151 Poole Road, Sufte 100
Belville, NC 28451
TEL [phone]
Fi4X (810) 3831045
www.capefearengineeringcom

~I_.
Transmittal
To: NCDENR
Attn: Ian McMillan
Date: 10-15-07
File: 803-00
subject: SeaWatch at Sunset Harbor
^ As Requested ^ For Your Files ^ For Distribution ^ For your Review /Action /Approval
^ Sent via Mail ^ Sent via Courier
~~ Quantity ~ Drawing No. ~ Description _ _ _~
H 1 ~ ~ 401 Water Quality Certification Modification request application ~
V 1 I I Check #19069 $240.00 V
REMARKS
CC: Cape Fear E ineering. Inc.
Signed: ,
fl. ~ ~ ~ ~~ ;~ Julie Gridle C/O N e Winstead
O C T 1~ Z U O l Received By:
Date:
UuGTI euie atin ~TfN2LIfNlTK,R AROAI('1~

05 -d i~c~ V'3
Ms. Noelle Winstead
Cape Feaz Engineering, Inc.
15I Poole Road Suite 100
Belville, NC 28451
October 12, 2007
Mr. Ian McMillan
NC Division of Water Quality
401 Oversight and Express Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Ian:
Enclosed is the 401 Water Quality Certification Modification request for SeaWatch At
Sunset Hazbor, DWQ Project Number 20052146. Cape Feaz Engineering is submitting
this information on behalf of SeaWatch At Sunset Harbor, Ina This application package
includes the following:
• Project Narrative
• Previously Authorized NW 14 and WQC 3402
• PCN Form
• Road Crossing Plan Details
• Construction Plans for Road Crossings 1, 2, and 9
• Topographic Vicinity Map
Impact Location Map
• Wetland Delineation Maps
• Stormwater Permit Map
• Wetland Creation Preservation Map
• Wetland Creation Conservation Language
• EEP Stream Mitigation Acceptance Letter
• Recorded Deed Restrictions
• Master Plan (PUD)
A complete copy of the application has been sent to Joanne Steenhuis and Kim Garvey of
the USACE. If you have any questions concerning this matter, please call me at (910)
470-1940.
Sincerely, ~~ /~'
~~~~ G1/~c~2z~~.
Noelle Winstead

Ms. Noelle Winstead
Cape Fear Engineering, Inc.
151 Poole Road Suite 100
Belville, NC 28451
October 12, 2007
Ms. Joanne Steenhuis
NC Division of Water Quality
Wilmington Regional Office
127 Cazdinal Drive Extension
Wilmington, NC 28405
Dear Joanne:
Enclosed is the 401 Water Quality Certification Modification request for SeaWatch At
Sunset Hazbor, DWQ Project Number 20052146. Cape Feaz Engineering is submitting
this information on behalf of SeaWatch At Sunset Harbor, Inc. This application package
includes the following:
• Project Narrative
• Previously Authorized NW 14 and WQC 3402
• PCN Form
• Road Crossing Plan Details
• Construction Plans for Road Crossings 1, 2, and 9
• Topographic Vicinity Map
• Impact Location Map
• Wetland Delineation Maps
• Stormwater Permit Map
• Wetland Creation Preservation Map
• Wetland Creation Conservation Language
• EEP Stream Mitigation Acceptance Letter
• Recorded Deed Restrictions
• Master Plan (PUD)
A complete copy of the application has been sent to Kim Garvey of the USACE and five
copies of the application and a $240.00 fee has been sent to Ian McMillan of DWQ.
If you have any questions concerning this matter, please call me at [phone].
Sincerely,
~~ ~
Noelle Winstead

Ms. Noelle Winstead
Cape Fear Engineering, Inc.
151 Poole Road Suite 100
Belville, NC 28451
October 12, 2007
Ms. Kim Garvey
US Army Corps of Engineers
Wilmington Regulatory Field Off ce
Post Office Box 1890
Wilmington, NC 28402-1890
Dear Kim:
Enclosed is the 404 Permit Modification request for SeaWatch At Sunset Harbor, and the
information necessary to comply with the previously authorized NW 14, Action I.D.
200500777. Cape Fear Engineering is submitting this information on behalf of SeaWatch
At Sunset Hazbor, Inc. This application package includes the following:
• Project Narrative
• Previously Authorized NW 14 and WQC 3402
• PCN Form
• Road Crossing Plan Details
• Construction Plans for Road Crossings 1, 2, and 9
• Topographic Vicinity Map
• Impact Location Map
• Wetland Delineation Maps
• Stormwater Permit Map
• Wetland Creation Preservation Map
• Wetland Creation Conservation Language
• EEP Stream Mitigation Acceptance Letter
• Master Plan (PUD)
• Recorded Deed Restrictions
• 2006-2007 Wetland Creation Monitoring Report
A complete copy of the application has been sent to Joanne Steenhuis of DWQ and five
copies and a $240.00 fee has been sent to Ian McMillan of DWQ. If you have any
questions concerning this matter, please call me at [phone].
Sincerely,
~~ ~
Noelle Winstead

SeaWatch At Sunset Harbor
Proiect Narrative
Location
The project consists of approximately 1400 acres with approximately 300 acres of wetlands
located on Sunset Harbor Road (S.R. 1112) and N.C. Highway 211 in Brunswick County,
North Carolina. The project drains to Mill Creek, class C Sw HQW and Mercer Mill Pond,
unclassified by the NC Environmental Management Commission.
History
Jurisdictional Impacts
A NW 14, Action I.D. 200500777 was issued on April 4, 2006 for 0.464 acres of fill in
jurisdictional wetlands and other waters to create or widen 7 road crossings. A 401 Water
Quality Certification #3402, DWQ Project #20052146 was issued on March 21, 2006 for
0.464 acres of fill in wetlands and 70 linear feet of stream (20' perennial and 50' intermittent).
Road crossings 1, 2, and 9 have been constructed. It was determined that these crossings are
wider than what was originally authorized resulting in an additional 47 linear feet of stream
impacts; therefore, a permit modification is being requested. In addition, road crossing 7
(0.18 acres of wetland impacts) has been avoided by acquiring an additional tract of land and
the total wetland impacts have been reduced.
The original NW 14 application was prepared by utilizing a land plan and attempting to
project all future impacts that would be needed to construct a residential subdivision on
approximately 1200 acres of land. Topographic relief in the area of the three road crossings
referenced above was not available at the time the original permits were secured. Although
the width of the mad was not increased, the slope required to stabilize the crossings resulted
in additional impacts. The side slopes of the road crossings at sites 2 and 9 (perennial stream
crossings) were stabilized with rip rap in order to further minimize the required slope and
stream impacts.
All lots within the subdivision are buildable without additional wetland impacts, and deed
restrictions that prohibit wetland impacts were recorded for all phases of the project. The
deed restriction documents are included with this modification request. All of the remaining
wetlands outside of the recorded lots are also currently being preserved as part of a land
agreement between MAS Properties, LLC and the State of North Carolina. The preservation
is not included in the mitigation for this project but will result in long term protection of the
wetlands and wildlife habitat.
Mitigation
Wetland mitigation (1.85 acres) in the form of on-site creation with a 25' upland buffer was
proposed, approved, and constructed (please note that 0.66 acres of the mitigation credit was
allocated to offset wetland impacts authorized separately under USACE Action I.D.

Planned Unit Develoament Aaproval (PUD)
A copy of the Master Plan for SeaWatch At Sunset Hazbor has been included with this
application. What is known as the Mercer Mill Tract and the Yellow Banks Tract is included
on this plan. It should be noted that the project has secured PUD approval in Phases or
Sections. The original NW 14 and WQC 3402 and PUD approval was secured for the subject
project prior to the acquisition of the Yellow Banks Tract. The infrastructure of the Mercer
Mill portion of this project (subject tract) was designed as a complete, stand alone project.
The Master Plan demonstrates that wetlands within the subject project were avoided to the
maximum extent possible.

200400059). In addition, monitoring wells were voluntarily installed by the owner in the fall
of 2006 for information purposes. Mr. Thomas Farrell of the USACE visited the site in the
spring of 2006, just after construction and plantings were completed, and again in May of
2007. Mr. Farrell determined that the creation area showed signs of success based on the well
report and tree survey. Although the hydro period was longer than expected, he did not
recommend any changes at that time.
Monitoring has taken place from the time the wetland creation area was constructed in
December of 2006; however the report was not submitted to the USACE for review in
October of 2006. The monitoring report for the first two years is included with the USACE
NW 14 modification request application package.
Minimization and Avoidance Efforts
The purpose of the project is to construct private roads to safely accommodate residential
two-way traffic and provide access and connectivity for a residential subdivision. The private
roads were carefully designed to cross wetlands in the minimal number of locations with the
least impacts possible. The entire 1400 acre tract only required crossing the wetlands and
streams in six locations (shown in the exhibit maps included in the application), three of
which have already been constructed under a NW 14 and WQC #3402.
Roads were minimized to 20 feet of asphalt and sub-base with 24 inches of curbing on each
side of the pavement with culverts installed and proposed at the crossings where indicated.
The culverts have been and will be installed below existing grade to allow for the movement
of aquatic life. In addition, existing road crossings were utilized in three locations including
the two existing 40' wide perennial stream crossings. In efforts to avoid additional wetland
and stream impacts, three bridge crossings were originally proposed and authorized. These
crossings will not impact wetlands as shown on the maps.
Also, all lots were designed to be buildable without wetland impacts.
Mitigation
As required by the previously authorized NW 14, the wetland creation preservation map, the
conservation language, and the monitoring report is included with this permit modification
request. Recorded copies will be provided to the USACE upon recordation.
In addition, the NC Ecosystem Enhancement Program has accepted stream mitigation credits
for 64 linear feet of perennial stream impacts to offset the additiona1471inear feet of stream
impacts requested in this application. A copy of the EEP acceptance letter is also included.
2

Office Use Only: Form Version May 2002
USACE Action ID No. 200500777 DWQ No. 20052146 ~~2X'3
(tt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing P ~ I
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 Modification
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NC WRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
o ~~~~~~
II. A licant Information
PP
O C T 1 4 1007
1. Owner/Applicant Information
Name: SeaWatch at Sunset Harbor Inc / Sheldon Tuckex~ENR;,WAi„~„ ~? TF~~pR6r,;; ~
Mailing Address: 131 Ocean Boulevard West
Holden Beach, NC 28462
Telephone Number: [phone] Fax Number: (9101846-4466
E-mail Address:
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Noelle Winstead
Company Affiliation: Cape Fear Engineering, Inc.
Mailing Address: 151_ Poole Road, Suite 100
Belville, NC 28451
Telephone Number: 910-383-1044 Fax Number: 910-383-104
E-mail Address: noelle.winstead~capefearen~ineerin~.com
Page ~ of l3

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Seawatch at Sunset Harbor wetland crossings Phases 3A 4A 6A 8 & 9
of Seawatch at Sunset Harbor
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2010002002
4. Location
County: Brunswick Nearest Town: Supply
Subdivision name (include phase/lot number): Seawatch at Sunset Harbor
Directions to site (include road numbers, landmarks, etc.): Turn left on NC 211 from US
Highway 17 in Supply; Turn right on SR 1114 (Zion Hill Rd)• Proceed on SR 1114 to SR
1112 (Sunset Harbor Road)• subdivision entrance (Nautica Boulevard) is located 0 20 miles
on left.
5. Site coordinates, if available (UTM or Lat/Long): 33°57'N / 78° 11' W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1,400 Acres ~
7. Nearest body of water (stream river/sound/ocean lake): Mill Creek and Mercer Mill Pond
8. River Basin: Lumber
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at ___ __ _ ____ _ _ _.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_ The site is under development but only 3 of the authorized
Page 6 of 13

crossings have been constructed. The maiority of the site is heavily wooded with moderate
underbrush; general land use in the vicinity of this project is residential or timber land.
10. Describe the overall project in detail, including the type of equipment to be used: The site
includes single family residential lots, amenity areas, and a commercial area. The Paved
roads within the mapped right of way limit will cross jurisdictional areas in 6 locations in
addition to 3 bridges for the~urpose of providing access for SeaWatch at Sunset Harbor, a
residential community.
11. Explain the purpose of the proposed work: To provide access for residential lots and to
provide connectivity for all current and future Phases of SeaWatch at Sunset Harbor. In
order to provide access and connectivity, wetland areas must be crossed as shown.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A NW 14, Action I.D. 200500777 was issued on April 4, 2006 for 0.464 acres of fill in
jurisdictional wetlands and other waters to create or widen 7 road crossings. A 401 Water
Quality Certification #3402, DWO Project #20052146 was issued on March 21, 2006 for 0.464
acres of fill in wetlands and 70 linear feet of stream (20' perennial and 50' intermittent
Wetland miti atg ion (1.85 acres) in the form of on-site creation was proposed, approved, and
constructed. Please note that 0.66 acres of the mitigation credit was allocated to offset wetland
impacts authorized separately under USAGE Action I.D. 200400059. Road crossings 1, 2, and 9
have been constructed. It was determined that the crossings are wider than what was on ig'nally
authorized; therefore, we are requesting a permit modification. In addition, road crossing 7 has
been avoided and the total wetland impacts have been reduced.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for this project. Currently, a CAMA Major application
for the bridge at site #3, a pier, and a Canoe and Kayak Club is under review by DCM. An EA
has also been submitted to DCM for the SeaWatch At Sunset Harbor Yellow Banks Tract. The
EA includes a proposed marina and all future road crossings needed to access the Yellow Banks
Tract. Please note that at the time the Nationwide 14 was issued for the subject tract, it was
unknown whether or not the Yellow Banks land deal would ~o through; therefore, SeaWatch At
Sunset Harbor (aka Mercer Mill Tract) was developed as a stand alone project.
Paae 7 of 13

VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly° identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Out of the 6 road crossings, 3 will impact
jurisdictional wetlands and 3 will impact jurisdictional wetlands and streams, 2 perennial and 1
intermittent. Culverts will be placed in all fill sections below existing~~rade to allow for the
movement of aquatic life.
Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(acres) (yes/no) (linear feet)
widen existing 40'
Site I road with culvert and 0.046 Yes 100' +/- Forested wetland
fill
widen existing 40'
Site 2 road with culvert and 0.065 Yes 0 Forested wetland
fill
Site 4 Fill w/ culvert 0.076 Yes 100' +/- Forested wetland
Site 8 Fill w/ culvert 0.14 Yes 0 Forested wetland
widen existing 40'
Site 9 road with culvert and 0.052 Yes 0 Forested wetland
fill
Site 10 Fill 0.00 Yes 100' +/- Forested wetland
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tilt,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEIvtA) Flood Insurance Rate Maps
(FIRM), or FEIVIA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-3~8-9616, or
online at _
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 293.02 acres
Total area of wetland impact proposed: 0.384 acres
Page 8 of l3

1. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
widen existing 40'
Slte 2 road with culvert and 32' UT to Mercer Mill Pond ~' Perennial
fill
Site 8 fill w/ culvert 50' UT [o Mercer Mill Pond 5' Intermittent
widen existing 40'
Site 9 road with culvert and 35' UT to Mercer Mill Pond $' Perennial
fill
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-3~8-9616, or online at
_ _ _ Several Internet sites also allow direct download and printing of USGS maps (e.g., ~ ~ , ~ ; ~._um~
- --. =`; n, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 6~` Perennial and 50' Intermittent
2. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number

(indicate on map)
Type of Impact* Area of
Impact

(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake and estu
~ p ~ ~', sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
3. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Page 9 of 13

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The number of jurisdictional crossings has been reduced from 7 to 6. Crossin~e proposed
only where absolutely required for access; crossing at least impact locations (see narrative
VIII. Mitigation
DWQ. - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall- be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
=~
-- -
~-
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant has created approximately 1.85 acres of wetlands as described in the wetlands
creation plan. The affected waterbody is Mercer Mill Pond/Mill Creek in the Lumber River
Basin. The wetlands were created in non-jurisdictional uplands adjacent to jurisdictional
Page 10 of 13

wetlands as shown on the mitigation exhibit maps. In addition, the applicant has secured
acceptance from EEP for 64 linear feet of stream impacts (note that this was not required for
the original 404 and only an additional 35' of stream impacts is requested).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hr~~~~:;''n?u.en•.~~:~~~~.n~.~_is ~~.~~~:~•~~~,i~cl~:~,l~ii~~. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 64'
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 1 l of l3

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered ``yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s uare feet) Multiplier Required ~i
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 teet perpendicular from near bank of channel; Zone Z extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total impervious surface area proposed is 30%. In addition, Stormwater infiltration systems,
wet ponds, and water quality swales have been installed to treat runoff. State Stormwater
Permits have been secured for the maiority of SeaWatch at Sunset Harbor (see overall
Stormwater permit map -Attachment 4).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewer will be treated in the Brunswick County municipal plant.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Only 47' of stream impacts are after-the fact.
Yes ® No ^
Page l2 of L3

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~ 1~-~-
1~/s/?
r---~ -_
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

_ SIGNATURE RESOLUTION OF
SEA WATCH AT SUNSET HARBOR, INC.
The undertsi~ned, being the President of the above corporation, hereby certifies
that on the ~3"`day of `~Yl 2007 the corporation adopted the following
resolution:
RESOLVED, that the persons named below have been designated by the
President and are empowered by the corporation to have nonexclusive signature
authority for any federal, state, or local permitting instruments as may be required for or
on behalf of the Sea Watch at Sunset Harbor, Inc.
These persons shall have signature authority as authorized herein for the Sea Watch at
Sunset Harbor, Inc.
Sheldon Tucker
And that said resolution has not been modified or rescinded.
Date: '~~ a3 X007
President
::~;-.
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F, ~ ~ . +.. ~ 0'r
av ~'~• •! ~..
o ~: Q~~Sea~~' m
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c~.5. ~~~~:~~ CoR.~5 of E~GI~EERS ~ 5 "a-- 4 ~ ~'3
~47L~t1~GTQ~ DIST~~IC°T
~~ction 413. 2dU~(30~7i Count~~: &runs~r~ich t:~CrS ~u~td. E.ockti~~ctad"s Fai}~-
GE~E~~~L ~'ER~IIT (REGIO:ti:~L A\D ~ ~TIC)~~i•"IDE} ~"ERIFIC~~~"IO``
Propert; 0~~.~;ter ~ Authot~izc:d ~~~ent Sea~vateh at Sunset Harbar
.=~ddr4ss: c,~o She}dan Tucker
I31 Ocean Baule~•ard ~'4~est
Halder~ beach, tiC ?~~{?
Size and }ocatan of propem~• (~~:~attr bodp•, read namt'nurizber, toff}~tt, eto.): 'The site is Se~vatch :~t Sunset H.~rbur a t27#-
aere residential subdi~•iscan adiacent to Snaset Harbor Road (SR 11 I? 1 and ~iC H~}r'-.~•ati~ ? } 1. 'sunset Ft3rbar. $runs~~~ick
Counr~°.'.tiC. Latitude.: 3?.9.i85°N~ Lantstude: 7ii!.2at5"~t~.
L7e:5criptiott of projzcts area at~d acti~-ity: This clacument authar2es the depasirian of t}.~6~# acres of fili in
ittrisdtcttanal ~}~etiands and. othEr waters to create ar ~~~iden se~~en cti}vericd road. ~rass~n ;s. The erassiri~ Iacatic~ns
and. design. sttecifcatians are sho~Fn on the attached dra~r•in~s. Autharized ~~varl; inctudes creatian of a 1.85-acre
4r•etland far carn~ensatar~ mitigation. The mti~atian Fietland inclUties allacatian af0.~6 acres of rtitigatian credit
to offset wetland impacts authorized separatelti• under US 1CE actian ID Z(l~4dU4~4.
:~pplical~]c 1_a«•: ] S~ctic~n =#4,i~ {C']ean ~V"ater art, ~3 USC' 13~)
^ Section ]f} {Rivers and 1-larbc~rs het, 13 USC ~#~3}
:lufhorizatian: ItegionaI General Perntit Dumber:
Nations-de 1'erntit Number: 1-i
Four «oric is authurizzd by the above referenced permit provided it is a~catnplished in strict aci: ordanc with the attached
conditions and 1~uur submitted platts_ :any v'ialaticon of the attached ec~nditions or deviation from your submitted ]Mans tray subji:ct flee
]terntitte~ to a sTc~p ~~•ork order, a restc~ration order and; or appropriate legal actiott.
This verifcatiort is valid until tltL \ct~E' is modific~d> reissued, or revoked. .~Il of the extstin~* 1~~~'1's are scheduled tct he modifi•.d.
rt:is:,uGd, or revoked prior to >~Sarch }~, ~t~Cf7. It is incuntttent upon. you to rentaitt ittfarrned c~fchatt~*s to the. Ivt4'Ps. ~,~'e tviil issue a
public n~~tice ~s'nen the N~t`Ps are reissued. Fut•thermore, if vc~tt con~mcnce or are under contract to contrrrence this. activity before flee
date that the re1;~~ ant nationu-ide perntit is modified or re~•oked, }~ou ~-itl }nave ns•e]ve (1?) nianths front the date of the ntodificatiort t,r
revocation of fife lv~t'I' to contpiete flee; activity under the present t4rrtts ancj conditiotts a# this nation~c°ide permit. If; prior tc7 the
ex]zt`rativn dato iderttifed below, the natic?n~n ide perrrtit authorizaticsn is reissued and,'ar tttoti-litied, t17is vc:rit;ation titi•ilt remain t°alid
until the expiration date identified belo~t> provided it camp}ies with all nee}~ and:°ctr rsactdi~ed terms and con~iEtit~n_s. The District.
1~n~ineer may, at stn}• time, exercise hia discretionary authority to modify, suspend, or revoke a case 5pecihc actiti•ity`s authori•4atiott.
urrdec anv N~t`1'.
Act:;vites st.bjc~t to Section -1tJ~ {as indicated. a}xave) mati~ also require: an individual Sccion ~t?1 ~~'ater E,7uatitF' Certification. l'c.~u
shoczld ciintact the ~C I7it~ison of ~~'ater ~uaiit;- (.telephone (~ 19) 733-I7if5j to detern3ne Szction =1t? 1 regt.irements.
Fc~r actin iti.s occttrrinV ti4~t]tin the ttG-en~• coastal counties subject tc~ regulation under flea Coastal Area :ttana~~vrnent r~ct (C'':~,~t_a,
prier to bes.>innin~; itiarl•: you tttust contact the D.C. I?ivisic~n of Coastal lfana~ernent .
This DLpartrtent of the ~rm~~ veritii:ation dues nc~t relieti~e tl7e pertr:ittee of` the respr~nsihiity~ to obtain. anv other required E~eder:;l,
Seat:; or ideal approtals!pert:~izs.
If there art ~:t ~ cl.testions re4ardinn this ~`erificatioa~t, aft}' of the cc~nditi~~ns of flee 1'ertnit, or tl.~ C'ori~w of l~.n~ineers r~`~ttlatc?r:
pro4r.i-n; plea~c ec~rtact Thatnas Farre]l> 9lCa.^? 1.=}-#fi~.
~7
C'c~rp I1~F_=t~l:it t~, ~:}f,`icial "`~-!z_-----~' L?a.`~: -1 ~ ?Ot?E
E117iratic~tt 1"~a, cal ~ ~rit:_c<ttic;n: 0±1$~?0(}i
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"~~,~
~ANpgA,,yp T~,~ A~~RB~~H
F'~r~c t c>f Z

AT~'ACHl~'(ENT 6
Special Conditions
liSACE File No. 20000777
NWP 14
Permittee: Seawatch at Sunset Harbor
1. Project Drawings. Construction of the authorized road crossings shall be carried out in
accordance ~,vith the project drawings, attach.~~ent 2. The drawings inchade three crossings at sites
3, ~, and 6 that are not within the scope of this authorization. These crossings are not included in
this project because they will be upland-to-upland bridges and will not involve f 11 in wetlands or
other waters of the U.S. If any of these bridges cross "Section 10" waters, which are in the Corps'
jurisdiction, the applicant shall seek separate Federal authorization. Construction of culverted
crossings or crossings that involve the discharge of fill in wetlands or waters at sites 3, 5, and 6
would be a violation of this permit.
2. Compensatory lhfitigation.
A. Wetland creation component.
The applicant shall construct a mitigation project in accordance with the specifications
and plans shown in Wetland Creation Plan, Seawatch at Satnset Harbor, which is
included as attachment 3 of this verification. In addition to the monitoring requirements
outlined in attachment 3, the site shall not be declared successful unless conditions within
the created area meet the criteria wetland jurisdictional wetlands as described in the U.S.
Army Corps of Engineers 1987 Wetland Delineation iVlanual. The mitigation wetland
includes allocation of 0.66 acres of mitigation credit to offset wetland impacts authorized
separately under USACE Action ID 20040009.
B. Preservation component.
(1) The permittee shall maintain the preservation areas described below in their natural
condition, in perpetuity. The area of preservation shall be the created wetland mitigation
area represented in attachment 3, sheet 8 plus a 25-ft-wide upland buffer that will be
added to the final recorded map. The Permittee is prohibited from performing any of the
following activities on the presen~ation property: Filling; grading; excavating; earth
movement of any kind; construction of roads, walkways, buildings, signs, or any other
structure; any activity that may alter the drainage patterns on the property; the
destruction, mowing, or other alteration of vegetation on the property; disposal or storage
of any garbage, trash, or other waste material; or any other activity which would result in
the wetlands being adversely impacted or destroyed.
(2) The parrnittee shall not sell or otherwise convey- any interest in the preservation
property to any third party without 10 days prior wri~en notification to ~ti'ilmington
District Corps of Engineers in writing. Notification shall reference permit Action ID No.
200~~)0; 7 ~. Sec special condition 3 for the ti~~'ilmington District's present address.
(3) Any sale, lease, or other con~~eyance of the preservation property shall include
restrictions on the use of theprooerc~; descrioed in condition 1B (1) above, «hich

ATTACH~IE~rT 6
Special Conditions
Permittee: Seawatch at Sunset Harbor NtiVP 14
USACE File No. 20000777
Page 2
conditions shall be enforced by the permittee. Such restrictions shall include language
providing for third party enforcement rights in favor of the Corps of Eno neers. Such
restrictions must be approved prior to conveyance by the Corps of Engineers.
(4) Permittee shall execute and cause to be recorded in the Brunswick County Register
of Deeds a Declaration of Restrictions or Restrictive Covenant acceptable to the Corps of
Engineers for the purpose of maintaining the preservation wetland and upland buffer
areas in their natural state in perpetuity as shown in attachment 3, sheet 8, which are
referenced above in paragraph 1B (I). The document shall be recorded in the Brunswick
County Registry within 30 days of issuance of this permit. Permittee shall provide a copy
of the recorded preservation document and plat to the Corps of Engineers within 30 days
of recordation. Upon recordation of the preservation document, the requirements of
conditions 1B (2) and (3) will be considered satisfied with respect to the preservation area
protected by that document. Note: See attachment ~ for a model conservation declaration.
We recommend that the permittee review this material with his legal representative.
3. Certifccation of Compliance. In accordance with the Nationwide Permit general conditions, the
permittee shall submit a certification of compliance to the Corps of Engineers. Upon completion
of construction, the compliance notification form shall be sent to the U.S. Army Corps of
Engineers, Wilmington Rea latory Field Office, P.O. Box 1890, Wilmington, NC 28402-1890.
The form is attachment 4 of this document. All components of construction authorized in this
letter must be accounted for with certification forms. A certification form shall be submitted at
least every 4 months until all crossings and the mitigation site have been accounted for.

~~ ~~

k. Lei ~7 \ IY.. S ~-s
,~ ..~ L.,l:ti ~.._3 C}.,~?i.~ ,_ ....o _. Tti ~ }r^ ,.r ..,.. ~. ~ .S-..~ ~. ~ . U,'_..S

~1r. Sh+;:ldon Tucker, Vice-President
1IhS Properties, LLC
I ~ I Ucan Bauleti~ard ~tTest
flaldi:n Beach, ~C' ~~-162
L7~t,'t? F'rc-rest ~ ~+~~kJ?a-'.E
Br-uns-,~~-ck C ount~•
~~~

SuI}ject Prapcrty° Sea~'4'atclt at Sunset Harbor ~~~~,,,,,~~(~~j
WLM. ~.IQ. QFG.
Approval of-301. '4~'ater Quality Certificatian ~f-ith :additional Conditions
I~ear.'t1r. Tucker:
.
1'au hava our appro~-al, in accordance 4~~ith the attached. conditions and those listed beiazv, to temporarily
impact ~,tetlands associated ~~~ith the proposed brides anal. to place fill ~~-ithin 0.=I6=€ acres ai° ~{~etfands and
:•~ Iinewr feet of streams (intermittent and. perennial} for the purpose afcanstructing access. roads far a
residential. subdi~isian at the subject praperttie, as described. ~i•ithin your applicatian dated :august ?6, 2005
and received. by the V'.C. Division of ~t~'ater Quality (D~~'~}) art December ?, X005 ~~ ith additional
information recei~-ed an February 7, 2006. after reti•ie~.~:•ing your applicatian,. «,•e ha4~e decided that the
impacts are ca~.-ered by Cseneral ~G'ater C,~uatity Certificatian ~uirber(s~ 3-30? (~~'QC 3-~G?}. "T'he
C'ertibcatian{s} alla~~~s ~:-au to use tiatian~~~ide Permit(s) ~9 •4~~hen issued b~ the tiS .~rrny Carps of
Engineers {LS AC'E). In addition., }'au should. obtain ar ather«-ise comply ti~'tlt any other required federal,
state or Iacal permits before you ga ahead ~~>ith your project including (but not limited to) Erosion and
Sediment Cc>ntral, ~'an-discharge, and ~'PDES and State Starxi«'ater regulatians.:~,lso, this appra~~al to
proceed. «~th Four proposed impacts or to conduct impacts to caters as depicted in your
application shall. etpire upon ctpratan of the-30.3 or C A:'`I1 Permit.
This appra~•al is far the purpose and design that you described in }•our applicatian. If you change your
project, you must notify us and you may be required to send us a ne«• applicatian. If the prapert~j is sold,
the ne4~4~ ctcv-ner must be gi~~en a copy of this Certificatian anal appra~:~al letter and is thereby responsible far
c omplying ~~ith all ~anditons. If fatal fills for this project (na~~r ar in thy,future} exceed anL aLr~ of
4~~etiand ar 150 linear feet of stream, campensatary~ mitigation may be required. as described in I>:~
~,TCAC 2I-I .0506 th}. This appra4~al requires you to fallac~~ the conditions listed in the attached
certification and ar:y additional. ec~nditans Iistc.d beio~~~.
The .:additional C'~tnditions of the Certificatian are:
I . Impacts :4ppra4-ed
The fallo~~•in~.; impacts are hereby appro~~ed as Ian` as all of the either specific and general
conditions. of this Certificatian tier Isala'.;:d ~,~'e*.land P;.rmit) are met. Igo other impacts are
appra~ed incIudi~z~ incidzntal iir:pacts:
.~maunt _~~ara~ ed {~"nits} ~ flan 1_acatian or I2efere~ce
Perennial Stream. ;' 20 (linear feet] '-Sits ?, 9
~ Interrnitter:t Strum. >0 (linear feet} ;Site :~ .
r~aarh a~ :,.a ~~ 5k ~ ~f ~"Fa r :,~ d ~r ~ Ca ~a C~ e t~ e sk ~ ~ ~ ~ ~~~ o 2'~ .~s~~r,. ~...._,,, , .._.-2'~3
a
4"a` IS'ik`ly~ (' ~~yi'tld ~~fi

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y ~
I'T~i~ ~ (s ^~„ tA~~J i J
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y Q' .....~
~ ~ ORS

r
:~t~rt~l~<li'C~~2I3~
;i,i^~dstiE .,,a.,c " ;u o
~n _,~...k ~p~ ?~ . .z~.,~.r~s.:R_r~3,r~;
R?„}cic~ ' ,~~, tl~llt'tz~t~ll

P.:-e3of;
'~lwrth' I '~<Jfi
~YI~ES General sta,mttater per;I~it (i~C:Cit71~~.~+~E~l adn.nl,~;red by T~~t'Q is a.:to~:.~aticalI,w issued
to tl~e prc~iect. This ClenLral Ferrrit alia~,:~s 5t~~rr<u atcr to ??e diacl.ar~*ed durir~ land disttar^nMf
i:(.1nS"1CEIt7n actl'vltleS~~ stipulated ~'y co~d.tlt~ns an El1', perriirt. If yaur CirC)~.'Ct r~ CU~.'tr~u ~~~'' t1]is
pt:rmrt [rppli4al?ie to construtitlart pr~~ects :ha_ dasturo on: t,l} or rrt~re a%resj, `.ul cc):T.pil~2Ce
~~itl peI-Irit conditi~~IS :nclud.r.4~ thy: stdllrcnt..tion col7t;-c~l plan, self-r~i~nitann~~. rzcc~rd kcpin~a
anal. rep~~rtin~ retiuirelT~ents are retiuired. _1 capy of Chs p4r'tnit ar d n:onitorin, r~:~r_1rt fal-~r~ Ir.4;J
~~ taund at I'. '? "?,?f7, t J21•,S'C.'i e?.llt'. Xlt S?f.'~CtYI~T ti t~C)C'tt7i:'lai5, flTtt.
. , Decd tiatlfl{;atlOnS
Deed notiticatians or similar mei;hanisnTS shall t?e plac;ed aI1 all retaincd~urisdictianal ~~~•etlands,
eaters and. p:ratecti~-e buffers in arr3or to assure cor7pliarce for future t;~<iand. ~~ aer and b:Iffer
impact.. 1`hese mechanisms shall be put in p?ace prier to impacting any ~~~etlands, ti~ titers and.-'or
buffers approc•ed far impact under this Certifieatian ~ppraval and :~utharization Certificate. A
sample deed notificatian can be do~~~Iloaded from. tl:e ~~)I,~t'etlands Unit ~z-eb site at
beep.:~~h2a.enr.state.nc.u~.'nc~~~ettands. 'I"hz ter-t of thy: sample deed notification may be modified
a5 appropriate to suit to this project.
~`iolations of any candition herein set forth. may result in ret°acation of this Gertitlcation and may result in
criminal and:'or ci~-il penalties. The authorization to proceed ~i~ith yaur praposed impacts ar to conduct
irrlpacts to ~~~aters as depicted in y~aur application and as authorized by this Certiticatian shall expire upon
expratian of tlZe ~()-1 ar C.~~I<~ I'crmit.
If you do not accept any of the canditions of this C'or'4ifcation (associated «•ith thy: approti•ed «°etland or
stream irnpacts~, y°au may ask far an adjudicatarv hearing. ~'au must act ct•ithin Ct3 dr•s of the data, that
you receii-e this letter. Ta ask for a hearing, send a «-:-ittzn petition, 1~•hich conforms to Chapter 1 SIB of
the ~c~rth Caraiina General Statutes to the Office of Adnzinistrati~~e I-learin~~s, 6;'I-~ Mail Service Center,
Ralei~hr'4.G. 21699-671.1. This certification and its conditiol:s are final and binding unless you ask for a
hear2na.
This letter earrlpletes the rer;•ie4~• of the Di~~ision of ~~'ater Quality under Section X01 of the Clean. ~~`ater
~.ct. If you ha~~e tiny tiuestions, please telephone Noelle I.utht:ran in the Dt~'Q li`illnngtol~ Regianat
Office at 9101-79E~-7-#f}~ or G}-ndi Karaly~ in the General Office in Raleigh at 919-733-9121.
S finely, j
c,,.. ~-~G. ~. ~ a:.i. ~,t...~~_
~., .'Ian t~'. Kiimek, P.E.
I~nclosIres: GC 2~t}2
Certiricate of Carnpletion
ct:: Fzrr1~ I)a~~is, Cape Fear Engineering, Inc.
Ilzomas Farrell, liS:~CE ~t`lmin~aton Re~~ulatarv Field C~r`tice
Ian 111c'~Iillan, Dtt`Q -1+11 Oc~rsi~~ht t`nit
Todd tt'aiton, DLR. tt'ilnil:4ton Re~Tanal C}tiice
tic~ele Lutheran, tt'iR~3 FIe Copy v
Central Fibs

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955.25 sf _ _ -

tnn /
l
r
/ ' CULVERT
1061.36 sf
~ ~
?~
/ / // / ~
I.
60' 30' 0 60' 120'
GRAPHIC SCALE: 1 " = 60t
i
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN ANO PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
NADENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20X OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES
WETLAND IMPACT
CAPE FEAR
Engineering, lnc. ~
151 Poole gaed, Suite 100
BeNille, NC 28451
TEL (B10) 383-1044
FAX (B70J 383-1045
www.capefearengineering.com ~~
a~vi : S.KENNEDY
ama : S.KENNEDY ~~
MI=sx , 803-49
arta = P.DAVIS sew = 1 =100
= P.DAVIS ~~ = 24 AUG. OS

SEAWATCH AT SUNSET HARBOR
WETLAND CROSSING
LOCKW000 FOLLY T0INNSFMP BRUNSWICK COUNTY
NORTN CARgJNA
APPENDIX "A" MAP
NAUncA Bau~vARO weTUwo atosgNC
SITE #1
2016.61 Square Feet
a"~ ~m "ea
803-49 2A

X58
~~____

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~~ ~a~
o i

45~ _ o-~~ _~I,-
I '~' ~IJ
J ~l ~ ~
,.
100' S0' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
1
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
'DEPTH EQUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES
WETLAND IMPACT
CAPE FEAR ~
Engineering, lnc.
151 Pode Aoed, Suire 100
BeNille, NC28451
TEL (910J 3831044
FAX [phone]
www. cape(earengineering.com
our : S.KENNEDY ~,T
aaa : S.KENNEDY Mnern ; 803-49
a~a : P.DAVIS ~rruc ~ 1 =100
""^p"m ~ P.DAVIS o"~ ~ 28 AUG. 07
SEAWATCH AT SUNSET HARBOR
WETLAND CROSSING
LOCKWOOD FOLLY TOMMSNW BRUNSNACK COUNTY
NORTH CAROLINA
APPENDIX "A" MAP
NAUTICA BOULEVARD WETLAND CROSSING
SITE #2
2,833.25 Square Feet
.....: .a...e
803-49 3

515
> >e
:,
,e
UPLAND
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'J SIL WETLAND

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----
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.
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AIL
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~~ Ll.l. /~ -~~ ill /i . \ iL1 /,~

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UPLAND
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UPLAND
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WETLAND
_111_
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~~ ill/.L -~~ 111/.

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: ELEVATED BR DGE
~~ : lL/.~ ~~ 111/,

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111/, ~~ i11/,~ _
WETLAND

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uPLAND 100' 50' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
\\ I
a
~ ~~„
.~~
_ _ - ~
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN ANO PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BE0 OF THE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES I ~
WETLAND IMPACT
CAPE FEAR
Engineering, lnc. ~
157 Poole Road, Suife 100
BeNille, NC 28457
TEL (810J 3831044
FAIL (810) 3837045
www.cape fearengineering.com
auw : S.KENNEDY
oESOI : S.KENNEDY
~ ; 803-49
oc« ~ P.OAVIS >rw~ ~ 1 =100
~n:mrfa ~ P.DAVIS o"~ = 24 A G. OS

iEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
.OCICWOOD FOLLY TOWNSHIP BRlINSYYICK COUNTY
NaeTH ceaalNA
APPENDIX "A" MAP
ELEVATED BRIDGE CROSSING ~
SITE #3
803 49 5A

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- 790 -----
~_
' 776
78 9 - _,~ _V,_
~ ~ UPLAND _7.1~ ~ _~IL
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7 _ _ ~',
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~ ~~ _ . ~ ~ ~
/ ~
~ AIL ~ ~8 7 ~, , ~ ~ ~, _ _) ~~ \ _ ~ ~,
/?~
I I ~
~ CULVERT
,,a 78_,.' ,- ,r~, ~ ry 782 781 78 0
;~~-~ 7
~~11 _ ~ PLANO _ a, .'~
~ 1L/.~ 'dj »s WETLAND 1t.L _J IL ~I
~ IL OQ ° _tlr_ _,I,_
~~ IL _11.~ 11~ -,b_ _,Ir_ _,I,_ _,I,_
J.I_~ .AIL J.IL
" .s 11
AIL _,U_ _,U_
ALL AIL _,I,_ _,b_
J_IL _ 1 I / , , , _,!1_ _,Ir_
I.
100' 50' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
~ r1
~,
_ __
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN ANO PROFlLE OF
THE STREAM (ABOVE ANO BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED ANO THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20X OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES I ~
WETLAND IMPACT
CAPE FEAR ~
Engineering, lnc.
1s1 Poole coed, suite fon
Belville, NC 28451
TEL [phone]
FAX [phone]
www. cape fearengineering.com
au~ : S.KENNEDY
ocso; : S.KENNEDY ~,T
Min ; 803-49
acoc ~ P.DAVIS sew ~ 1 =100
"^~""'~ ~ P.DAVIS o"1E ~ 24 AUG. OS

~EAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
~CI(WOOD FOLLY TOYIMSHIP BRl1N5WK:K COUNTY
NORTN CAROLINA
APPENDIX "A" MAP
JOSIE COURT WETLAND CROSSING
SITE #4
3,331.82 Square Feet
a "rs ~ "~
803-49 6

="
~_~
~\~
\~
`3~2
o j~
i
_\Ii_
_ll ~
_...,`
> ~ ~ '~ ~
,_. _ :-
} ~ 1..
~ _~., j'~
i-'
,l' lr
j !,.
GE ~~ ~,,
~l
~._..
i
f,
~.... ~.
" ~ `\ ~_
,. ~;
ELEVATED GRID
~;
~'tiy f.,

100' S0' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
iii
~1_
j _.1.iL
0 / ~~111/~
AIL _~U ~{L
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN AND PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF 1HE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN DOES NOT I
IMPACT WETLANDS ,
CAPE FEAR ~
Engineering, lnc.
751 Poole Hostl, State 100
BeNille, NC 28451
TEL [phone]
FAX /970) 383.7045
www. cap¢ fearengineering. com
91uw~ : S.KENNEDY ~,
otsa : S.KENNEOY Ma1em : 803-49
o~a1 ~ P.DAVIS scKC ~ 1 =100
"~'~~ ~ P.DAVIS ^•~ ~ 24 AUG. OS

iEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
.OCKWOOD FOLLY TOWNSHIP BRUNSWICK COUNTY
NORTH CARdJNA
APPENDIX "A" MAP
BENDIGO PASSAGE ~
SITE #5
ELEVATED BRIDGE CROSSING
a"~ ~w~
803-49 8A

.,~ ` /~
\ ~'•,. ~ \
n,F
1- 11 ~
/ ~'.
w
~..
d° .,o'
~,\\~
. ~A

._..
~..~.
\~\\
~(~ .`
SIL ~~ ~
1
~ ~~~ ~
-4`.
SIL -~
i
,~ ; y
J \
' ~-
~ ~'` ,~,
s1L
,k ._ _-
.5I s1L ~ SIL - .._.. yL .Ir
~~ •, ;
~ ~ ....
f
.~
-V_
f ~~~ ~~~ ~
~6_ -itr-
~ JL -~- ~r 11L 3iL
- 111 ~t~ S1L
~ .~`
,, ~_ ~
2.~ 1 ~;;
,_ ,~, ~ ~~ ... 54
_ _ _ E
--.,, ..,
.:. ~ sir ....~.
,.
UPLAND 200' 100' 0 200' 400'
GRAPHIC SCALE: 1 " = 200'
I :8In1RA~~ ( 1 I
710N 11AI• RTS 1
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN AND PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
NADENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
DEPTH EOUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN DOES NOT I ~
IMPACT WETLANDS
CAPE FEAR
Engineering, Inc. ~
157 Poole HaaO, SuRe 100
BeNille, NC 28451
TEL (970J 383-7044
FAX [phone]
www. cape(earengineering. com
auw7: S.KENNEDY
r7esa: S.KENNEDY ~~
rneF,n: 803-49
°EOr ° P.DAVIS 7~ ~ 1 =100
~ ~ P.DAVIS ~+~ ~ 24 AUG. OS

iEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
.OCKWOOD FOLLY TOWNSHIP BRUN5IMCK COUNTY
NORTH CAROLINA
APPENDIX "A" MAP
FLAMENCO DRIVE
SITE #6
ELEVATED BRIDGE CROSSING
803-49 9A

i
UPLAND
;~
.1
,~~
!~l
\~
,~,
`~~ -~-Ll/,~
W~~AND
-..1:IL
-11.L
_ ,_ 41 ~ ,
~ 43
-~! ` 42
_~~!
' UPLAND
~~/_.
6083.83 of ~'~
CULVERT -..L LL _ ~
1, i ~ ,/ WETLAND L _ (~/~-
-i-_L.t~,~ -..1. ~
--~! ~i,~
~ -_._
__~,~
~ UPLAND
UPLAND
619 .,r .
620 ~ ~_. _~-- .__,,.

i
596
1 ~\
,.
UPLAND 100' 50' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
~ ~~,
~,
~-
NOTE: C
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN AND PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES I I
WETLAND IMPACT
CAPE FEAR
Engineering, Inc. ~
f5f Poole quad, Sure 700
98Nille, NC 28451
TEL (9f0J 383-7044
FAX [phone]
www. cape(earengineering. com
1XUan : S.KENNEDY
riasw: S.KENNEDY r~+orocr
rxnem: 803-49
~= P.DAVIS ~' 1 =100
"a^"~~ ~ P.DAVIS ~"h ~ 24 AUG. O5

SEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
IOCICW00D FOLLY TOWNSHIP BRUNSNACK COUNTY
NOR1H CAROLINA
APPENDIX "A" MAP
NAUTICA BOULEVARD WETLAND CROSSING
SITE #8
6,083.83 Square Feet
803 49 12A

NOTE:
FOR ALL CULVERT (PIPE) CONSTRUCTION
ACTIVITIES, PATTERN AND PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MODIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BED OF THE STREAM TO A
DEP1H EQUAL TO OR GREATER THAN
20R OF THE DIAMETER OF THE PIPE.
FINAL DESIGN THAT MINIMIZES I I
WETLAND IMPACT
CAPE FEAR
Engineering, Inc. f
151 Pooh Roatl, Suite 100
BeNille, NC 28951
TEL (910J 3B3-1046
FAX (91Oi 383-1065
www. ca pe(earengineering.com
auwl: S.KENNEDY vao~cr
arsm : S.KENNEDY Bulu : 803-49
alcac ~ P.DAVIS ~ = 1 =100
P.DAVIS Byre ~ 28 AUG. 07

SEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
LOCICWOOD FOLLY TOWNSHIP BRUNSWICK COUNTY
NORTH CARgJNA
APPENDIX "A" MAP
NAUIICA BOULEVARD WETLAND CROSSING
SITE #9
2,263.86 Square Feet
A lull ~R ^~ll
803-49 13

92~91~ ~~I ~
y 88 89 90 J
8 7 79
86
~ 80
82 81
6 5 ~ /a \ ~~~o
\`
I.
uPLANO 100' 50' 0 100' 200'
GRAPHIC SCALE: 1 " = 100'
_~
ND
IL
G~-
21
L
~„
UPLAND 2 2
-~, ---
- AND
/ _Ui_
~ i -~/
j AIL -1f.L ~~
2 ~ '' _~,
~. _.~ -_
~`~%- 2 4
I _11i_ _111_
~I
~,
'~:; >r I
NOTE:
FOR ALL CULVERT (PIPE) CONSTRUC110N
ACTIVITIES, PATTERN AND PROFlLE OF
THE STREAM (ABOVE AND BELOW THE
PIPE) SHALL NOT BE MOOIFlED. THE
STREAM CHANNEL IS NOT TO BE
WIDENED AND THE DEPTH OF THE
CHANNEL IS NOT TO BE REDUCED.
CULVERTS (PIPES) MUST BE BURIED
BELOW THE BEO OF THE STREAM TO A
DEPTH EQUAL TO OR GREATER THAN
20R OF THE DIAMETER ~ THE PIPE.
FINAL DESIGN THAT MINIMIZES ~
WETLAND IMPACT ,
7 CAPE FEAR
Engineering, Inc. ~
157 Poole Rued, Suite 700
Belville, NC28451
TEL [phone]
FAX [phone]
www.cape fearengin¢ering.com
au~ : S.KENNEOY
ocso/ : S.KENNEDY
~ ; 803-49
aca ~ P.DAVIS «.". ~ 1 =100
"^~~ ~ P.DAVIS ~"~ ~ 4 AUG. OS

SEAWATCH AT SUNSET HARBOR
WETLAND CROSSINGS
Loacwooo ig1Y TOMMS1iIP BRUNSWK;I( COUNTY
NORTI CAROLINA
APPENDIX "A" MAP
WETLAND CROSSING ~
SITE X110
230.31 Squore Feet
803 49 15

os-a~~J~v3
W
~~
t
1!
J TfJ`Ek151lNG'Y12 F4Y ~,~~
''~<< ~ ui, ,~
PROPOSED GRADE
~~~ //
~ /
~ 2' M1N. FOVEA OVER
~~ SfOAM OAA1N PIPE /
~ ACNA..LL NEIGHi JAMES /
/
~ S' OC. /
ImIM m ~ /
[~Ilw9 'A<d4AJf ~ LMe 9f
GiMJn9 Ilt'14AQ
,,
SET 'NJERi BELOW GRME
~JR! COSU OOF 6~ OI4 TO
!S) '03 lF 60" ACP 0 Ox I.YX~NU
'I INSTALL 9' ON LENTEA
SCHEMATIC DETAIL
TRIPLE 60" CULVERT I
~ N.T.6.
SEE SHEET C-3 FOR
CONTINUATION OF
ARTISAN WAY
SEE SHEET C-3 FOR
CONTINUATION OF
SOUTH RESPIRE
GENERAL NOTES:
SEE SHEET C-3 FOR
CONTINUATION OF
ARTISAN WAY
1. THE CONiRAL70A '.5 SPECIFlCALLY CAUTIONED THAT 1HE LOGAl10N AND/OR ELEVATION ^vF EXISPNG
UTIURES AS SHOWN-ON THESE PUNS ARE 3ASE0 ON RECORDS FROM 'HE URLItt COMPANY AND, WHERE
POSSIBLE .MEASUREMENTS TAKEN IN THE pElp. THE INFORMA170N :S NOT TO BE RELIED DN AS BEING ENACT
OA CON'lEi< IT SMALL BE 1HE AESPONSBNtt Of THE CONTRACTOR 10 VERIFY LOCATION OF ALl EMISRNG
'JiILiIES. ANY LONNCiS SHALL BE BROUGHT i0 'HE OWNERS AND ENGNEER$ ATTENTION IMNFDIA'EIY,
2. SANIFPRY SEWERS SHALL BE LAID ai ',EAST 10' LAIFA4LLV FROM THE Ex15RNG OR PROPOSED WATER
uAINS UNLESS LOCAL CONOIT.pN3 CR BARRIERS ?REAENT TH15, IN WHICH CASE 1HE WATER MAIN IS !AID .N 4
SEPARATE TRENCH, WISFI 1NE BOTTOM OF THE WATER MAIN AT LEAST IS' ABOVE 7HE 70P OF THE SEWER,
CR ME WAIEA MAIN IS UIDIN THE SANE TRENCH AS THE SEWEA W1M 1HE WATER MAIN _OCAIED Ai ONE
SIDE OF A BENCH OF UNGISNRBED EAAIH AND WTN THE EIEVAl10N OF LHE BOTTOM Oi 1HE wA TEA uAIN 47
LEAST IB" ABOVE :HE i0P OF iNE SEWER.
3. WHFAE A WATER MAIN PASSES OVER A SEWER, AND 1HE VERRCAL SEPARATION IS LESS THAN 1A', ME
SE'AER AND WATER MAIN SHALL AO7H AE DUCRIE IRON PIPE FOR A DSTANLE GF IO' ON EACH SIDE OF THE
CROSSING (10' IENGTH CENTERED AT CAOSBING - NO JOINTS). WHERE WA1ER PASSES UNDER SEVER 301H
SHALL BE DUCTILE IAON PIPE.
4. WAIEA AND SEWcR SERNCES TO BE LOCATED T2" FAOM 111E PRCPEATY LOANER. WREN SERNCES ARE PULED
AT PAOPERtt LOANERS 1HAT NAVE AN EASEMENT, THEY ARE IO BE PLACED ON THE EA9FUENi LINE: TYPICALLY
TEN (10) FEET FRC1A THE P40PERTY CORNER WHEAE THIS APPLIES.
5 ALL W0.IEALINES ANO SEN£RIINES i0 NAVE A MINIMUM OF 36' OF COVER FROM THE ELEVARCN Di 1HE
PROPOSED FlNISH GRADE.
5. A 10-FOOT U11L11Y EASEMENT HAS BEEN PULED AICNG AL LOT ONES 7HAT AAE ADJACENT *D S1REE1

50' 0 50' 100'
5' 0 5 i0'
= 50' ^ HORIZ
I INCH
I NCH = 5' Fi VERT
0
N~
U~ I
~~2
WQti
~2~
Q
V
O
~~
NO
O Q
~ ~ m
W Q
~~~
'`~ W2J
v~ioZ
WATER AND SEW ~ tJCt9
Q `v~ ~ `i fool
DlnNR - IMAI'ER OUAUTY
a~ AND sroRr~u~TE~ ~w
HIGH POINT ELEV = 29.49 LOW POINT ELEV = 29.05
HIGH POINT STA = 83+70.75 LOW POINT STA = 84+51.11
PN STA = 82+94.26 PN STA = 84+51.11 PV1 STA = 85+18.18
PVI ELEV = 29.71 PVI ELEV = 28.92 PVI ELEV = 29.26
A.O. _ -3.ID A n =Inn A.D. = 1.35
LEC~D PR P S D XI TING
GATE VALVE N IN.
CHECK VAUiE -~
FIRE dYORANT ~1E i7°°"
'EE ~,.
CROSS ~-
REDUCER t
WATER SERVICE H-
SEWER CLEANOUT -~
SEVlER SERVICE ~- {S:NGL';
SEWER SERVICE o-r- (OCUBLE)
DRAINAGE 1ASEMENT O.E.
E WATER AND SEWER N'^"
ASBUILT -10-06
D ISSUED FOR CONSTRUCTION JSD
SEWER ONLY d-26-OB
C REVISIONS PER NCDENR REVIEW RAC
13-06
B REV1510N5 PER NCDENR REVEW RAC
-ta-Ds
ISSUED FOR REVIEW RAC
A 11-11-0
REV. OESCRIP110N REV~BY
~~
4W Sy1 CqR W.y
~~'Q+ pESSI Dl'j~C
~ Rp/, f,"~ i Y s
REAL
.19963
iT /ry
.~ ~~~y~`
EA ATCH
AT StiNS El' HAR BORW
DA"L3f SLF
a. oD
NAUTICA BOULEVARD
CAPE FEAR
Engineering, Inc.
NG~M,
T.NN.WTA.,P~
W~,..FAOPrP,FNB,F<m
DRAWN : e, ELWNCroN PROJECT ~~_20
DESIGN : 8. ElNNC11M' NUMBER
CHELN 0. FENNELL SLUE : I'= 50'
APPROVED : 0. fENNELL DAIS : IA SEPT 1004
sEAwATCH
AT
SUNSET HARBOR
PHASE 3A
PLAN/PROFILE
STA. 71+82.76 TO STA. 85+50
NAUTICA BOULEVARD
;.m rweeu
A61z_9f1 ~-1
'2+CO i3a0p ?4-CO 'S+Cu ~a+CO ,-.~ Trau = ~~ ~~-,.~ ~.~..- __ _.

~1v
V / L~ ~
F~-97 LF i0 JB 3BA ~-/ ~ -
h Z ~ vE~~ p TMEr 7E LF TD 7a ~ ~
~.~ ~ - a7a Q~
ZJ\ ~aDI ~ 7l 1'('110
W ~ ~ ~ ~~ ~ 90`A'
h ~ ~ ~,V~) ~ I ~ ~ r- n~ ~~ APPROX. ILL/ /T
(~ L.I.-5 ~M ~~~ T~ I 6 - - ~~.ViJ ~~ OE 0 S PE ~u~ lYP.
W I - L2. FM Tl ~ ~ ~ FILL S PE TO f/
~+! L2'Rt.S RcOJCPR ) ~ _ BE RIP P
`~ I ~~ ~ ~~
~ (z)z' cL -Y ~ 2X6"'EE ~ ;3) '2 DD Rca ®D oe~
2 D'J ( ~2 CV ' E ~tt.67 ~ i
WL ~ I ~ _ 6 GV NSALL N 3 0'J EN1TR SEE 'NSET) /
0 0 ~ AIRVREL~ASEz~ 2 GL ~ ~~ ~I,S ~ ~ 12_ PLUCNFDR ~,ruRE L. I /
1" `~. ~ .
~ m c~ 2X8 ~E /~,, 1~ o/-- LIAUII~A ~~V`~..1 ~IRENYORANYg~ o ~ /- W `
w ~ ~ ~.~2" JEMPORA~ V APPROX. EL_~.
I Q TOE OF SLCPE ~L
U ~ U HI --- `
~ j ~ - _ CI 1, m~ ~ ~;-, / : W vBE R'PRA
- - -~ '~ T EX. 36 CMP
~ Q MJSLY PERMITTED 7- 12 X2" TE ''~ -'- d~ .~ ~ JO BE REM,QV~D
Z 7, DATED JULY 29, 2005'. e Gv \ , / llN' „- 4U/T ~ - ~` e T.. IE 117/3 ~
Vl Q '~ 12'X2" TEE 12 - ~ ~~ "~ W
\~
C ~
n ~
Z
v
I G i CV
eLEANOUr, Ial ' 2 cv iz~PLUCVaR Fu1uR~_ X7011 ' --, I
X,cN510N ~ -~
Iii 12F FORCEMAIN PREVIOUSLY PERMITTED ~~. 1DD Lf wAT&a WAU1Y wA 1 ~ -- N' W
W W-LNE " WL 4 EMIT N0, WG1002B997, DATED JULY 29, 2005 '-~~~ --
SEE SHEET C-6 FOR
CONTINUATION OF
I~ NORlN RESPIRE
5p' 0 60 1CC10C'
~0~
1 NCH = 50 FT HORIZ
NCH = 6 FT VERT
HIGH POINT ELEV = 3L04
NIGH POINT STA = 86+39.19
PN STA = 8fi+39.19 PN STA = 87+11.50
1 = 65+18.18 PVI ELEV = 31.50 PYI ELEV = 30.16
:V = 29.16 A,D. _ -3.71 A.D. = 12fi ~
1.35 K = 26.96 K =35.32 \
TVC 100 00' UC 44 63' VC ~, e~
I ron
40~ ...I-_- m _ ~ -~"- "~ rm-~
PRDPDSeD GRADE
/
~~~ //
~ 2' uIN. COVER OVER //
~\ SfOAM DRAIN PIPE /
~ AC11AL FlLL XEIGXi vpRlE9 /
\ 9' 0 C. /
tim'N Of \ I Unlle 71
EuD~q beYOr+as I
II ~>rnF Waw,m
~I\ ~~ 1
SEf INVEAt BELOW CRME
l7) ]2 LF 60" RLP 0 D.OB ~URY 'tD%M DF PIIPf pl0. 10
M6TALL 9' DN CENTER M~(IYII Oi R
SCHEMATIC DETAIL
TRIPLE 6C" CULVERT
N.T.S.
PVI STA = 89+33.43
PN ELEV = 28,85
A.D. _ -0.29
K = 347,12
100.00' VC
34~
u'
32 "
24 __ WATEI~UNE__
___ _ _
_ _ 8 WATERLINE _ _ ~ 12" FOf~CEMAIN
22 - - 9R Y 18" PERF ~PP STORMD AIN T
j6 ~~Rf_GP Si
r._
18 I _. _- _ _ i -.-
__ - ~-
{___
i6 it __ 1- __- _. _~ _ -. _ T-~STIN~C-
,< - r __ _ - - -- I- --
-- I _ ---{ ~--- I ---
_I_ .. __ ._ -~_. ---- _ --
-_ -- ---_
12 I
__ -; _.._
1D -I--- -.-.-- - -__ '._.. _ r-- ro
j ...
___. ~___
8 _I. -- ~-- __ I - - I- -- '.-- - -- - ~-- ---
I - -'.
' _.. I
0 _- -__ ._.___.{ _____
'__ _. _._~_-_.___. I~_..-__-I ___-____ ___. r-____ _____ ~ ._._..__-____-
y _ 'i '.
i
__ _.F _._ _. .,. _.__-_~.-_-_.-, -__. _.__. ___r_____...._.,_-_.__.-____ ~_-__.
2 ~, ~ ',
. II-___ ...__.____ -.-.- ___. _...-___.-__-__,____ __. _._____ .__-_.-___~-__-.. _~-_..
7ATL9T 5LEV
O, JO I I ~ ', '..
<h o,~~ 'la", qm .lip P~o Im o~'°
hN 'f'll0 njrl O~ M~Iry '~"Iry hry SIN ~fN SIN
d6+00 37+CC 68-J0 69rC0 90+00
NAUTICA BOULEVARD
-- - ~ ~ --- T...~
__ .. ____~- -i-_ .:
I
_~ __ -- -r --_ :._
-__I___- -.~____-. _I__- __ _
PRaPasE~q GRA~E~ _ - j
.~_e-_~_ I __V 7~--
_ - ~ ,,
__._ -1_.
--- ~ Q r--- -----
__ -___._ ____...I I..i
i,
_..- -- r- ----. .~_~
9'-W

LQ
~ ` ~I~
N yN
I
92H00 93+00
t
I ~~
( I,

) ~ a5 BEND 6

40 CF i0 J9}1A \I
I
' / rFIRE
1 00 IIfF In HYDRANT
' I
fl
L~
97 if i0 .9 7BA
iNLTI 72 '
F TO 5 SB

~~
QV IB a 70 FE$
P ,1 -,.~I r
- ~
I
(~'-1 ,
t
) gy0
/
0

r
/
~~.5'~F~ --v

END of uN' E~ A
~A T
~
~

'
/ L
r ~M," ~
5" Rd I
IT 2" F
- YCLEANOILT_
~~-2 Y1A.5 REDIIC~2 F
M X ~ ~ TE~E
2X6
2 GV~/ly
r
O
~ R
--- Z'X' o REDUC~
~
~ 6 ~
- 2 ~
L ~ 2" 2
-. _.- h {~~ WL ~~
GV~ - ~ ~I / 2X6 TEE
I 12" GV
~
w 2
AIR RE4HRSRE6@A~ 2'C!
~
~
I , I o Gv Z(~~
-- 1^r' ~ O MT
~ ~ Q ~
o ~ ++-
~ - - ~~ VALVE
12X8 TEE'V~
6
\ ~,2 ,~
~ C Z Rl
NAUT ~
~ ~
~ JF~~s
-'-
WL~ A I ' - -I SJ
i~ , OI.Jfi ~ 6 GV
~\
~~_ ~
I
V
T
O
-

`V
H
}~
}2
M
_
'1~ Y
~~ 12'%6 TE ~.
~ a
_7 .
J
~ ~
E ~,~,"

~ ~ 12 GV
W Z J l
I
_- ~_.
LI2 FORCEMAIN PREVIOUSLY PERMITTED _
i 12..K2.0 Z

i
Gv
y Q Z PERMIT N0. WOOD28997, DATED JULY 29 2005 12'6fEL0 L1 l
I ~~ -(
w~~q O y
1,"X2' TEE
_,~ IQ'
'.I, f212" 1T
j as-B~ DRawINCS SfE SHEET C-6 FOR ~
I WaTi=R AND sew[ CONTINUATION OF
NORTH RESIRE
GENERAL NOTES:
I, 1HE CONAALTOR IS SPECIFICALLY LAURONED THAT THE LOCA?ION 4ND/OR ELEVATION OF E%IS11NG
UPUIE$ AS SHOWN ON THESE PLANS ARE BASED ON RELOPOS FROM 1HE URUtt COMP4NY AND. WHERE
POSSBLE MEASUAEMFNTS iANE`1 IN THE EIELO. ME INRORMATON IS NOT 70 BE RELIED ON AS BEING EXACT
CR COMPETE. IT SHALL BE 11E RE6PONSIBIUTY OF NE :ONIRACTOR i0 VERIFY LOCATION OF ALL E%I$1NG
UlOREi ANY CCNFI.ICT$ SHALL BE BROUGHT LO THE OWNERS ANO ENGINEERS AnEN1CN IIAMEDUTELY.
0 W
2. 6ANITAAY SEWERS SNAIL 9E LAID Al ',EAST 10' LATERALLY FROM THE E%IS1NC OR ROPOSED ATER
MAINS '.INLESS LOCAL CONDIlONS OR BARRIERS PREVENT THIS, IN WHICH CASE 1HE WA1ER MAIN I$ LAID IN A
SEPARATE TRENCH, W17H THE 90ROM OF THE WATER MAIN 0.i LEAST IA" ABOVE llE TOP OF 111E SEWER,
OR THE WATER !RAIN I$ LAID IN THE SAME TRENCH AS THE SEWER MiH THE WATER MAIN LOCATED AT ONE
SIDE OF A BENCH OP UNOI$NR9E0 EARM ANO WIM 11E ELEVATON O< THE BOTTOM CF THE WATER MAIN 4i
LEA57 16" ABOVE ilfE i0P aF THE SEWER,
3. 'hNERE A WATER MAIN PASSES OVER A SEWEfl, AND THE VERRCAL SEPARATON IS LES$ 1H0.N IA", ME
SEWER ANO WATER MAIN SHALL 9011 9E D'JCiiIE IRON PIPE FOR A DISTANCE OF 10' ON EACH SIDE O: THE
CROSSING (20' LENGTH CENTERED Al CROSSING - NO ACINT$). WHERE WA1EA ?ASSES UNDER SEVER BO1H
SHALL BE OUCiA.E 'IRON °IPE.
a. WA1FA AND SEWFR SEANCES TO BE LOCATED 12" FROM THE PAOPERtt CORNER. WHEN SERVICES ARE PLiCm
AT PROPERTY LORNER$ THAT HAVE AN EASEIAENi, THEY ME i0 BE PUCEO ON THE EASEMENT ONE: MICALLY
1EN ('0) FEET FROM THE °ROPERTY CORNER WHERE 1!1$ APPLIES.
5. ALL WATEPUNE$ AND SEWERLINE$ TO HAVE A MINIMUM OF 76' OF COVER FROM 'HE ELEVATON OF iNE
PROPOSED FlNISN GRADE.
6. A IO-FOOT UDlltt EASEMENT HAS BEEN PUCED ALONG ALL LOi LINES 1HA1 AAE ADJACENT TO STREET
RIGHT-OF-WAYS.
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LOCKW000 FOLLY TOWNSHIP BRUNSWICKCWNTY
NORTH raRaluA
PHASE 1
WETLAND MAP
PA0611 qRe® IX6i 11116N
8-03-01 2

H SEARING LINE LENGTH BEARING LINE LENGTH BEARING LINE LENGTH BEARING '
CINE lENG7
'
'
'
N51'Sd'262
LA1 7877'
924'/0'15'E 1127 112.41'
' S84'OS'S3w
'
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w
N4B13
"
' L4fi B3.B4
8'
N6719'S5'E
L92 178.47'
50717'12w L120 90,18 12w
67812
L2 710.49' 1B
E
N4720 L97 43.0
'
737'SS'E
199 160.50'
61Gi9bS"E i
lJ 280.]1' 54]'00'38"E UB 41.11
' 68
5w
'
'
L94 186.90'
948'07'04'E LIJO 220.d7 504'10'24w
• L4 2N.68' 884'39'43'E L4A 24387
' 3
NOS
45
w
'
L95 06,89'
91741'IB"E L131 839.17 574'J6'6Jw
t5 152.75 N04'18'10"E L50 50.10
' J4
N2C02
8w
'
'
L98 155.28'
S2B1S'S7'E
L172
102.73'
S77JB'fi8w I
LB 152.10' 581'14'17"E
'
' L51 44.87
' 5
N50
09
601'SA'44w L97 178.58' S82'I9'45'E LI]3 827.06'
' S73'19'13w ~.
L7 125.83' 97ri7
14
E
°
'
' l52 139.88
78' 614'Sr98'W lA8 173.27' S00'I1'21'E L174 479.57
' 66T57R4w
'
U 146.58' 23
N]4
17
E
' l57 184.
' SA74]'38w L99 115.17' S44'16'31'E L175 710,fi1 55w
S75'3B
' 1
l9 41.02' OYE
N10'09
'
' L54 121.48
' S17'13'J/w L700 2i6~82' 50705'26"E 1136 98.40' N7T55
JOw
l10 115.75'
' 46
WI'27
W
' L55
L58 71851
11837' N870M49w 1101 18282' N872/'J2^E
L11 32888
' SN57
15w
w
'
' 157 81
78' 937i8'41'W LI02 117b1' 68757'717
LIZ
1J 375,87
00'
269 31
25
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82265' S4806'39w 1105 160.09'
' S64'29'36"E
'Y
'
L
L14 .
248.00' S03'S0'!B"E 139 10471 NSTis'15w
' L104 11485
M88' 41
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S64'02'JOw
L15 ]77.18'
' N0016'77"E
'
'
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9988 41w
572Y7
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L62 9852 57418"35w L107 9070' NBO'43'S7'E
'
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274.20' N4fi'10'35w l83 5777
' S48'JB"09w
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L19 8124' NI70/'07"E L64 70.75 N4T45
28w
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1110 ' 85.21' S5725'l/w
L20 410.45'
' S71'40'39'E
'
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L6fi 186,11
191fi7 620'79 SZw L111 80.92' 664'47'30w
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165.74' S76'3Y22"E lA9 97.75 6B791'12w
" L114 197,04
~
' S76
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24W
6B4'1J'10w
L25 261.16'
' 61B'2J'60w
'
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L71 75.69'
10390 'I i
3w
671 2
5]545"59w L11fi 106.23
Li 16 113.70'
MF50'18w
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L2C,
L27 219.18
56'
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53842
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A PROPEAIY LINE IS AllN iG
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jN WE7UND FUG
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- - - PNASE 1 BOUNDARY
PHASE 2 BOUNDARY
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GEED B70K 947, PAGE 7044 _ qy,~ ~ w 1,
EA i B MAP CABINET %, PAGE 388 t~ 69'r ~fp Oj 18 6i
w PROPFAtt LINE IS 1NE RUN ~U ~ 57j1005~ ~,,
EFB u LITRE LICHM'000 KNDi CUUEY
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^,, f \ 'pB ~" - ~wETU1P]5 PAENOUSIY 57j 2818'
1
~P `tiy _ ~~ r\ 1~l //y~ _\. APPROVEp BY ~RPS OF ENGINEERS / g69A' ~pA
.YJ F1F \ ~. ~ \ ~ H~" 6 ~ V d ~ p ~ ;
,
•~ ; WEfIM'OS PRENOUSLY 7' / E
', WEMND6 PPENOUBLY ~ „d
APPROVED BY CORPS OF ENGINEERS % JS-~., , 417ROVE0 BY CORPS OF ENGINEERS ]~ ~ ~ 56'W ,~' FF~~ pp11
\ f) y"'art ~'}ry uEly{~ , r •• 1, ~L+L~q RENSEO NE2UN0 MIP PER US.AAW
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~ ~ /~ T ] I•• . II PHASE ~ 1 ~ ,~ ~ N~Ip ~~ CORPS OF ENC4NEER COMMENTS
1 _, _I 1 ~ o B ~ RENSED WERAND FLAC5 PEP US AANY
. ~..- '1 ` r~~ ~i"~' '. NIF _ A tzPPsaFa~NE~xRoMMENtg
NiF ,, Ila~"n _. /: ~N~~~S L~Era t OCEAN~ISL~ED6~'VEcOPMENT ~ RF~sTaNCsN
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N
SUNSET HARBOR NIF ~R I ; ~ Bd
V04, FIRE D~P7, CYPRESS LAKES .I 1. ~+fflP
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SUNSET HARBOR , ]~ T", I , ~ I ' -~ APPROVeB BY cGRPS of ENCmEERS w
VOL. FIRE DEPT. L I ~~~~ ' ' ~
OEFD BOON 1177, P0. 289 \ ''~I F'._{ 57 /a'W } ' L115 L14Y~AAB W' nl
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29.97' RR C]FRB 6y j9µ~
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\ ~N.~1 l B}fi
``, ~ NGRESS~~EGRESS EASEMENT EcM
'.. \ hAY, 50' PCNI-OF-WAY
i.• ,' ~ MW BOOK %, PACE 785 -
~S+'• AREA OF FASENEM 9.35 ACRES ~.1y ~
~~ ~k sad ' , s jei1:19 INSET "B"
~\ ~~

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BRUNSWICK SURVEYW INC.; AIW LNRRCO PU7 Of SURVEY
P~ PAM ~iNE ~UM~A1~1f LC~OUMYR~G6r~D OF OE~DS ~ICE20.
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TOTAL AREA OF
PRCPDRIY SHOWN IS
82276 ACRES
7N6 CERnE1ES THAT 1X19 COPY OF THIS PUT IOENn%ES As
WATERS AND WETIANDS ALL AREAS Of wATER6 PND WEfUNDS
REGMILATEO PURSUANT TO SECnON 404 OF 1HE CLEU! WATER
ACTA9 DETEAMINEO BY THE UNDERSIGNED ON THIS 0.ATE.
UNl¢S THERE IS A CHWCE IN THE UW, OA OUR PUBLISHED
AEGbIAiIONS, 1X6 DETERMINATION NAY BE RF11ED DN FOR A
PERI00 NOT Tfi E%CEm FlVE TFAAS FROM TN6 GATE. 7X15
0~M1NAnDN WAS 140E UALI2MK: THE 1887 CORP6 OF ENCA'EER6
ENGMEERS wETUND DELWEtTION WWLaL.
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t,{5,8ccs I //~C~~~3o,9B~~
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N.C. GRID NORTH N.A.D. 1983
500' 250' D 500' 1000'
~~~~
GRAPHIC SCALE: i" = 500'
GAPE FEAR
Engineering, inc.
PooNRA9Ae rca
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DE9GN : 6. Nmnedy NUMBER
CHECK : P. DBVie SGLE : 1'•500'
APRNJVEO : P. OBWa GATE : b ,AII.Y 1002
MAS PROPERTIES, INC.
LOCNW000 FOLLYTOWNBNi BRUNBWNS(COUNTY
NORTH CANOLINR
WETLAND DELINEATION
MAP
PRPRCf NJYB51 6X811 NWdG
803-01. ~ B

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MAS PROPERTIES ~
DEED BOOK 1536, PAGE 1342 d(~ pR0 Lao'
- MC pFR]y 4 y~.
WETL~F~IDS WERE DELINEATED BY LAND
MAMA~ENT GRWP,INC.; WETLAND
Mq~:WAS PREPARED BY CAPE FEAR ~ y
ENGINP~RING, INC. DATED JULY 30, 2002. m
v
-
..YIETLANOSWERE pELINEATED BY LAND
MANAGEMENT CROUJP, INC.; WL'1LAND
MAP WAS RREPARED BY BRUNBjMCK
$URVEI1NG, INC. DATEO-AUCUST 4, 1998.
6
NIF a
MAS RROPERTIES
" DEER BOOK: 1536, PAGE 1342
j
i
"DIIS. CERRiES 7HAT THIS COPY.OF TNI FIAT XMMIFlE9 AS
~
WATERB ANO WEIUNOS ALL AAFJS OF AND WERANDS
AECVV3E0 PURSUNRi TO SECIION'/04 7NE dIFAN WATER
ACi AS DETERMINED BY THE UHDEASI ON THIS DATE.
UNLESS 77iFRE'IS'A CHANGE IN 7NE OR OUR PLauBPIEp
REGUUDONS, iHl9 D9LERMIW,DON MAY 'RELIED ON FORA
PE1iIW NDY N E%CEED FNE YFaRS .
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DEED BOOK 1817
PAGE 6 PbSE BD4
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MC 28, PG 398 DEE
BDON a PAGE eo7
DEEn BogHael PAGE TOa
3 ~ DEED 9DDI1 ~ PACE 739

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MC 28, PG 398
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TtE iAIMBLE PARRNOER PRO MR ANp EXIEPNAI ANTENNA WeAE'UBEO
FOR LOCATING WEIlaNDS ON iNl9 PRDfCT ONLY 1NE MANUA YD
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DEED GAPE FAIR
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BOOK 1142, PAGE 233 g
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NOAIN PER X.C. GRD IPo7 CIECK : H, STOC%S SGAIP : P.Y00'
.200' 100' 0 200' 40G AFVRW£0. i M-STOCKS ~ gATE : 01 NOV 401

GRAPHIC SCALE:. t" = 200' WETLAND BURVE~' FOR:
MAS PROPERTIES, INC.
.TOWN OF OAK ISLAND DIVISION
LOCKWOOD FOLLY TOWNBMP BRUNBWIp4i%jUNTY
NORTH CAROLINA
RECSIVEO WETLAND DELINEATION MAP
DEC E 12004
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THE TRIMBLE PATHFINDEfl PRO Xfl AND E%TERNALANTENNA WERE USED
FOR LOCATING WETLANDS pNTHIS PROJECT. ONLY THE MANUAL $D,. „.., ,._..,~,.,,, ,, ,, -,~,,.
POSITION FI%MODE WAS USED. POSITIONS WERE DIFFERENTIALLY '
CORRECTED WITH 845E FILES PROVIDED BY THE NORTH CAROLINA
GEODETIC SURVEY (NCGS) BY USING THE POST•PROCESSING PROGRAM
N THE PROXR'S SOFTWARE SUITE, PFINDER THE NCGS BASE
STATION CASTLE HAYNE, IN WILMINGTON, N.C. (EAT: 7/-20.4072040 N,
LONG: 77d2.3L39821VJI WAS UTILIZED AND IS LESS THAN 52
KILOMETERS FROM THE SITE, ALL WETLAND POINTS INCORPORATE AT
LEAST 20 THREE DIMENSIONAL POSITION FIXES COLLECTED, AT
5 SECOND SYNCHRONOUS READINGS, WRH THE BASE STATION. THE
HORIZONTAL ACCURACY FOR THE DIFFERENTIALLY CORRECTED DATA LS
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404 OF THE CLEAN WATER ACT AS DETERMINED BY THE
UNDERSIGNED ON THIS DATE, UNLESS THERE IS A CHANGE
IN THE LAW, OR OUR PUBLISHED REGULATIONS, THIS
DETERMINATION OF SECTION 404 JURISDICTIDN MAY BE
RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS
FROM THIS DATE. THIS DETERMINATION .WAS MADE UTILIZING
THE 1987 CORPS OF ENGINEERS WETLWp DELINEATION MANUAL.
REGULATORY OFFICIAL;
TITLE: _~-
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357, MAP CABINET 26, PAGE 438, M4P CABINET 31,
PAGE 223, MAP CABINET 31, PAGE 224, M4P CABINET
M, PAGE 12, MAP CABINET Z, PAGE 280, DEED BOOK
234, PAGE 802, GEED BOOK 1538, PAGE 1342, DEED
BOOK 2038 PAGE 554, DEED BOOK 2027, PAGE 441,
GEED BOOK 1173, PAGE 75A, DEED BOOK 782, PAGE
987, DEED BOOK 629, PAGE 464, GEED BOOK 2001,
PAGE 517.
2. FOR ADDITIONAL TIE LINE AND REFERENCE SEE
MAP CABINET 20, PAGE 72.
3. ALL TIE LINES ARE TO TIE POINT "A".
4, SEE SHEET 2 FOR WETLAND CALLS
5. REVISED NOVEMBER 16, 2006, TO SHOW WETLAND
AREA MS
8. REVISED DECEMBER Z8, 2006, TO SHOW
CROSSING IN WETLAND AREA #1.
7. REVISED JANUARY 24, 2007, TO SHOWWETLAND
AREA #6 ANO #7.

AREA SUMMARY
TOTAL AREA: 143.47 ACRES
WETLAND AREA #1 AREA: 9.62 ACRES
WETLAND AREA #2 AREA: 2.60 ACRES
WETLAND AREA #3 AREA: 0.05 ACRES
WETLAND AREA #4 AREA; 5.59 ACRES
WETLAND AREA #5 AREA: D.2 ACRES
WETLAND AREA #6 AREA: 0.80 ACRES
WETLAND AREA #7 AREA: 0.03 ACRES
TOTAL WETLANDAREA: 18.69 ACRES
TOTAL UPLAND AREA: 124.18 ACRES
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LOCKWOOD
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DECLARATION OF RESTRICTIONS
D~C~~~~
STATE OF NORTH CAROLINA O C T l ~ 1 ~ ~ ~
o~N~ - wr~r~r~ cw~~irv
BRUNSWICK COUNTY WETLAN~A~4DS?~ehn^.+nt~paRA-~H
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS "SeaWatch at Sunset Harbor, wetland mitigation and buffer area" is made
on this day of October, 2007, by MAS Properties, LLC, 131 Ocean Boulevard West,
Holden Beach, NC 28462.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property)
being approximately 2.27 acres, more particularly described in Exhibit A attached hereto and
by this reference incorporated herein; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Property, and prevent the use or development of the
Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its natural condition. The preservation of the Property in its natural condition is a
condition of Department of the Army permit Action ID 200500777 issued by the Wilmington
District Carps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of
the United States authorized by that permit, and this Conservation Declaration may therefore
be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held and subject to the following restrictions, covenants and conditions as set
out herein, to run with the subject real property and be binding on all parties that have or shall
have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair

.-
or interfere with the conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction ofnon-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility
pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above the Property.
C. Industrial Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. A~icultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property.
G. Signa~e. No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values of the Property, signs
giving directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property.
H. Dumping~or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous
waste, or any placement of underground or aboveground storage tanks or other materials on
the Property is prohibited.
I. Excavation, Dredging or Mineral Use. 'There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner on
the Property, except to restore natural topography or drainage patterns.
J. Water Qualitx and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration of
the restored, enhanced, or created drainage patterns. In addition, diverting or causing

or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the United States of
America. This covenant is to run with the land and shall be binding on all parties and all
persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle
Corps to bring any action against Declarant for any injury or change in the Conservation
Property caused by third parties, resulting from causes beyond the Declarant's control,
including, without limitation, fire, flood, storm, and earth movement, or from any prudent
action taken in good faith by the Declarant under emergency conditions to prevent, abate, or
mitigate significant injury to life, damage to Property or harm to the Property resulting from
such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that
the Property is currently undeveloped land, with no improvements other than any existing
utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner
and is seized of the Property in fee simple and has good right to make the herein Declaration;
that there is legal access to the Property, that the Property is free and clear of any and all
encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declaranrt, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If any
provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Brunswick County, North Carolina, and may re-record
it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Property described herein is and at all times hereafter will continue to be in full compliance
with all federal, state and local environmental laws and regulations, and (b) as of the date
hereof there are no hazardous materials, substances, wastes, or environmentally regulated
substances (including, without limitation, any materials containing asbestos) located on, in or
under the Property or used in connection therewith, and that there is no environmental
condition existing on the Property that may prohibit or impede use of the Property for the
purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
[Signature of Declarant in proper form]

- * - P 803 603 49 USACE WETLAND CROS PAGE 1-101412001 3:10:55 PM
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PROGRAM
September 20, 2007
Sheldon Tucker
Sea Watch at Sunset Harbor, Inc
13I Ocean Blvd West
Holden Beach, NC 28462
Project: Sea Watch at Sunset Harbor
oS-a~ 4~v3
County: BRUNSWICK
The purpose of this Letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. ff we have not received a copy of
the issued 4114 Pernrit/40I CertiBcation/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required ntigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
LUMBER
03040247 Stream (feet) Wetlands (acres} Buffer I
(Sq. Ft.} Buffer II
(Sq. Ft.}
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
Impacts 0 0 64 0 0 0 0 4
Credits 0 0 128 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely, ~Q
N•
Willi .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ WetIands/401 Unit
Kim Garvey, USACE-Wilmington
Joanne Steenhuis, NCDWQ- Wilmington
Doug Huggett, NCDCM-Morehead City
Noelle Winstead, agent
File
R~storr;~... ~ .. P~ot~~ Ou.~ ltat~

t) ~~~~
0 ~T 1 ~ 2007
~ENR - WATER (3i1ALITY
~~J
'NETL,INO,S P;~dD STQ!tMluaTER BRANCH R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 J www.nceep.net

~s - a~~ ~ v3
Bnu~,,,ick county-Register of ueeas
Robert J. Robinson
Inst X188096 Book 1864t?age 7~5
11/26/2003 03:09:48pm Reci 1 ~i
RET ~ UG a Ax LL
TOTAL 3 ~-- RED - ~C~
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CASH - ~ Rf.~ .-~--° BY.~-
. Supplemental Declaration of
Protective Covenants and Easements
for
Sea Watch at Sunset Harbor, Phase 1-A
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on November 25 , 2003, by
Sea Watch at Sunset Harbor, Inc., a North Carolina corporation ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on those plats of SeaWatch at Sunset Harbor,.
Phase 1-A, recorded in the Brunswick County Registry as follows (such plats are
hereinafter referred to collectively as die "Plat") (the lots, streets and any other
parcels shown on the Plat are hereinafter referred to collectively as tl~e
"Property;" tl~e numbered lots sl~o~~n on the Plat are hereinafter referred to
individually as a "Ilomesite" and collectively as the "Homesites"):
Plat 1 of 10 Map Cabinet oZQ ,Page //~
Plat 2 of 10 Map Cabinet ~, Page / / G
Plat 3 of l0 Map Cabinet o2~/ ,Page // 7
Plat 4 of 10 Map Cabinet ~_, Page !/ 8
Plat 5 of 10 Map Cabinet ___~__, Page ~ 1 q

Plat 6 of 10
Plat 7 of 10 _
Map Cabinet ~~J , Page ~ ~Q
M
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ap
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net a Page ~~
Plat 8 of 10 _
Map Cabinet ~, Page /~~ f~ 2007
~ ~~ ~
flat 9 of 10 Map Cabinet d y , Pa >e ,2 ~
b
flat 10 of ]0 Map Cabinet ~, I'age~ DENR-WATER QUALITY
_ WETLANDS P?:D STQRAA"'ATE{d 9RANCN
~ `~`~' ' I'r~1,;~re~1 h~' ~~h~ll I3rati' ~1~cock Ahrl K Li~,inLSUm h.I..I. ('. 11;1111

Inst ~ 188096 Book 1869Page: 746
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book ~,
Page ']/ ~{ Brunswick County Registry (together with all amendments thereto and
p~ or nce wi e provisions t ereo , t e aster
Declaration") (unless otherwise defined herein, all terms defined in t11e Master Declaration shall
have tl~e same meanings in this Supplemental Declaration);
WHEREAS, the Master Declaration establishes certain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
duties of SeaWatch at Sunset I-Iarbor Property Owners Association, Inc. (the "Association") and
its Architectural Control Conunittee (the "ACC"), and easements and other rights reserved by
Declarant;
WHEREAS, Declarant desires to subject the Property to certain additional covenants;
conditions, restrictions and easements for the purpose of protecting the value and desirability
thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and
conveyed subject to the covenants, conditions, restrictions and easements contained in the Master ~ •
Declaration, and to the following additional covenants, conditions, restrictions and easements, all
of which shall run with the land and be finding upon all parties having any right, title or interest ~~ ~ ~~
in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof.
1. Homesites and Common Elements. Each of the Homesites is hereby designated
as a Homesite, as defined in the Master Declaration. The streets and other Common Elements
shown on the Plat are hereby designated as Common Elements, as defined in the Master
Declaration.
2. Land Use and Building Type. The Homesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation irnrnediately adjacent to the dwelling, a private garage for not more than
three (3j cars, parches, decks, patios, a swimming pool and not more than one outbuildin~~ (a
detached garage is considered to be an outbuilding for purposes of this restriction). No dr~~elling
shall be erected or allowed to remain on any Homesite unless the construction of such dwelling
is substantially performed nn the 1lomesite. No modular home, mobile home. manufactured
home or geodesic dome shall be erected or allowed to remain on any I lomesite. No strre•~ ~!~:~I!
be laid out or opened across or through any 1-lomesite. No Ilomesite or any structure tu~at~~~l
thereon shall be used fiu the manufacture or sale of any article or for any commercial purpose
~~hatsoever, or for conducting any business, trade or profession that in~~olves the coming and
`_c~ing o! customers ar suppliers to and from the 1{omesite; provided, ho«-e~er, that ~~ I i,~n~~si~~~
ma} be used fir a temporary saps office and,'or model ~~~ith the prii~r ~iritten re~nx°nt of
lhclarant.

Inst ~ 188096 Book 1869Page: 747
3. Resubdivision and Combination. No Homesite or 1-lomesrtes shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or llumesites
ch
> >
forth herein shall apply to each resulting Homesite.
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the following provisions shall apply to the Homesrtes:
(a) All proposed improvements and landscaping, including any alterations or
additions, ors any Homesite must be reviewed alid approved by the ACC. 13y way of illustration
and not of limitation, improvements requiring approval shall include any dwelling, outbuilding,
paving, fence, wall, exterior lighting, exterior painting or ornamental or functional exterior
features (including flags, planters, statues, lawn ornaments, bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowering tree or sluub, shall be cut without the prior written consent of
the ACC unless it is n the area of a Homesite approved for construction of a structure:
(c) The review: and approval process shall be conducted in accordan^~ with' the
Master Declaration and the azchitectural design standards and guidelines adopted by the ACC, as
amended from time to time. Prior to commencement of clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application fee and a construction bond or deposit, as provided in the Master
Declaration.
(d) Once construction of a d~~~elling has been commenced, it must be completed and
ready for occupancy within twelve (12j months. All landscaping sl~al] be finished upon
completion of the dwelling, ~~-eatl~er permitting, aid in no event later than sixty (60) days after
the date the dwelling is occupied. Upon ~~ritten request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shall a certificate of completion be construed as providing any
assurance regarding the quality; fitness or suitability of design, materials or coa~structic~n. or
compliance thereof with airy applicable permits, building codes or other laws.
.5. Jtlinimum [hr elling Size. do d~~elling shall he erected or allo«~ed to remain on a
1 l~~m~site unless the total floor area of the heated space within the roolline of the main structure,
excluding any basement, gamic and one-story porches, is at least 1,800 square Ceet.
6. 13uilding Location and Setback. Thy ACC shall have the authority to
d~tcrminc the specific locati«n of any d~~elling or other structure un an~~ ! lomesite; provided that

IrLSt # 188096 Book 1869Page: 748
no dwelling, detached garage or other outbuilding shall be erected or allowed to remain on any
Homesite nearer to any property Iine than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater Management; Impervious Surface Coverage. The covenants iii
this paragraph are intended to ensure ongoing compliance with the State Storm rater
Management Permit for the Property issued by the Department of Environment at~d Natural
Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is
made a beneficiary of these covenants to the extent necessary to maintain compliance «rith the
Stom~water Management Penit. These covenants pertaining to stormwater may not be altered
or rescinded without the express written consent of the State cf North Carolina, Divisio» of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-upon
area per Lot is 4,500 square feet. Tliis allotted amount includes any built-upon area constructed
within the Homesite boundaries, and that portion of the right-of--way between the front line of the
Homesite and the edge of the street (back of the curb). Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools. Filling in, piping, or altering any 3:1 vegetated ~ conveyances (ditches, swales, etc.)
associated with the development, except for average driveway crossings, is prohibited by any
-:.,persons. Filling in, piping or altering any designated 5:1 curt outlet Swale associated with the
development is prohibited by any persons. A 30' vegetated buffer must be maintained between
all built-upon area and the mean high water line of surface waters. All roof drains shall
terminate at least 30' from the mean high water mark. This project has a curb outlet system.
Each designated curb outlet Swale shown on the approved plan muse be maintained at a
minitnum of 100' long with S:1 (H: V) side slopes or flatter, have a longitudinal slope no steeper
than 5%, cant' the flow from a 10 year storm in anon-erosive manner, and maintain a dense
vegetated cover. Such swales are located in either the Common Elements or a drainage easement
as shown on the Plat.
8. Outbuildings and Pools; No Temporary Structures. No detached garage, shed,
woa•kshop, pool house or other outbuilding shall be erected, placed or allowed to remain on any
Iomesite without the prior written approval of the ACC and no Homesite shall have mire than
one outbuilding (a detached garage is considered to be a~~ outbuilding for purposes of this
restriction). An outbuilding must be architecturally.compatible with the dwelling located un a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior written approval of the ACC. No structure of a temporary
character shall be erected, placed or allowed to remain on any I Iomesite, nor shall any but IdinL
materials be stored on any Iiomcsite. No tent, camper, garage or other outbuilding shall he used
as a temporary or permanent residence.
9. Fences, !~4'alls, Playground I:yuipment and Signs. Nu fence or ~~-a11 sha(I be
erected or allowed to remain on any I lomesitc v<•ithout the prior «-ritten approval of tho AC`C.
No chain link fences shall be approved. No dog pen or kennel shall ho erected or allc~~~od tc~
remain on an}r Iomesite. All playground eyuipment on any Iomesite must be approved by the
-~('C and must be located behind the rear line of the dwelling. N~~ billhuards. posters or signs ~~f
i ~i;~' ~ - -l -

Inst ~ 188096 Book 1869Page: 799
any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
sign, and (ii) a temporary sign reflecting construction of a dwelling on such Homesite by a
licensed contractor; the design of such permitted signs must be approved by the ACC.
10. Outside Antennas and Satellite Disl;<es. No outside radio or television antennas,
satellite dishes or sitnilar devices shall be erected or allowed to remain on any Homesite, except
as permitted by the architectural desigli standards and guidelines adopted b}~ the ACt/, as
amended from time to time.
11. Fuel Tacks and Storage Receptacles; No Clotheslines. Tl~e placement,
screening and maintenance of fuel storage tanks and receptacles for garbage, trash or lawn debris
shall be approval by the ACC, which may require fuel storage tanks to be buried. No outdoor
clothes poles, clotheslines or similar structures shall be placed or allowed to remain on any
Homesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a standard size pickup truck maintained for personal use shall not be
considered a commercial vehicle fo~ purposes of this restriction). Violators may have their boat, ~~
watercraft, trailer or vehicle towed by ::~:e Association at the owner's expense. No boat,
watercraft, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on
any Homesite prior to completion and occupancy of the dwelling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Homesite for an}f purpose. No
noxious, offensive or illegal activities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that is a nuisance or an annoyance to the communit}~.
14. Maintenance of Homesites and Improvements. All Homesites shall be
l~~aintained in a sightly condition, free of debris, rubbish, weeds and high grass, aid all
irnprovemenis on the llomesites shall be maintained in a sightly condition, all to a standa>d that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Itilastcr Declaration. If the Omer of a Iiomcsite fails to
comply with these requirements, the Association shall have the right to cause such mail~t~nance
to be perforn~ed and to charge the cost thereat as an AssCSSment attributable to such l lolll~•~i <<• ~»
provided in the A9aster l~cclaration.
l5. Repair or 1-terno~~al of improvements. Any improvement damaged in whole or
in part by tiro, ~indstonn or any other cause must be prompt]}~ restored or all debris removed
a1~d the (iamesitc restored to a sight(} condition. Such restoration or remo~~al of debris shall he
comp(oted within three (3) months front thr date of the casualty unless the AC'C' ~trants a ~~~ritten
ext~nsicln. ]f the O~~ner of a Homesite fails to cnmpl}• ~+ith this requirement. the Associauon
4
I il~li

IrLSt ~ 188096 Book 1864Page: 750
shall have the right to cause such restoration or removal to be performed and to charge the cost
thereof as an Assessment attributable to such Homesite as provided in the Master Declaration.
. we s a a ri e, ins a e or a owe
to remain on any Homesite for drinking water or other Household or potable water supply
purposes. A well may be installed on a Homesite for in~igatioti purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved b}'
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, cttrbs, paving or similar improvements
located within the Property.
17. Lakes and Ponds. The use of any lake or pond, or any portion thereof, located
within the Property is subject to rules and regulations of the Association, which ma}' include
prohibition of use. To the extent that all or any portion of a lake or pond is located within a
Homesite or abutting the property line of a Homesite, the Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such Homesite.
18. • Wetlands. Certain Horrtesites may contain wetlands subject td U.S. Army Corps
of Engineers regulatory jurisdiction. Filling, grading, excavating and ether land disturbing
activities are prohibited in such wetlands on any Homesite.
19. Easements. Declarant hereby reserves for itself, its successors and assigns:.
(i) easements for drainage and utilities on all Homesites along all property lines, measured ten
(10) feet into the Homesite froth each property line; (ii) other easements as shown on the Plat;
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specified on the Plat or in the Master Declaration, together with the right
of ingress and egress over and upon the subject property for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecomtnunications, water supply, sewer; and irrigation. Al] such easements are nonexclusive
acid shall be assignable, in whole or in part, to the Association, to public utilities, and io oilier
providers of utility services.
20. ~'ai~~er of and Consent to Violations. ~Vl~ere approval authority is specifically
granted to the ACC herein or in the I\Taster Declaration, tl~e ACC may waive a violation of a
covenal~t, condition or restriction by appropriate instrument in writing. Othen~~ise, Declarant
may waive airy violation of the covenants. conditions and restrictions set forth hc;rein, or release
any of the easements reserved herein, b}~ appropriate instrument in writing; provided that any
waiver of paragraph 7 shall require approval by the [)ivision of Water Quality of the Depatvnent
01~ I:nvironmen( and Natural Resources, or other appropriate e~ff icial or authority ol~ the Slate o1~
tiorth Carolina.
21. Amendment. The covenanu, conditions anti restrictions (but not the easements]
sit [i~rth hc;rein may be amended onl} h} the al~iirmative vote or ~~~ritten agreement of O~~mers u~
~~ hich at least sixt}• seven percent (67°0) ~~i- the volts ul~ all the Owners ol• llomesites in the
!~lil_ ~ -ft-

Inst ~ 188096 Book 1864Page: 751
Development are allocated; provided that any such amendment must be recorded in the land
records for Brunswick County, North Carolina in order to be effective, and any amendment prior
to December 31, 2033 shall require the written consent of Declarant. Any aniendment of
paragraph 7 shall require approval by the Division of Water Quality of the Department of
Environment and Natural Resources, or other appropriate official or authority of the State of
North Carolina.
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and shall be binding on all owners of such laird and all Persons claiming under
them. This Supplemental Declaration may be terminated only by the affirmative vote oi~ ~~Titten
agreement of Owners of property in the Development to which at least eighty percent (80%) of
the votes of all the Owners are allocated; provided that in order to be effective any such
termination must be recorded in the land records for Brunswick County, North Carolina, and any
termination prior to December 31, 2033 shall require the written consent of Declarant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Carolina. The easements reserved herein shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Carolina.
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein,. Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Carolina shalt have the right to enforce paragraph 7 hereof.
2~. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to any other
property now or hereafter owned by Declarant, unless such other propert}~ is subjected to such
covenants, conditions, restrictions and easements pursuant to an instrument executed by
Declarant and recorded in the land records for Brunswick County. The rights of Declarant
hereunder shall inure to the benefit of its successors and assigns if so specified in air instrliinent
executed by Declarant and recorded in the land records for Brunswick County; provided. !'~:3i
this requirement of designation in a recorded instru~l~ent shall not apply to a mortgagee who
acquires title by foreclosure or deed in lieu of foreclosure to a~iy property o~i~ned h}' Declarant
and now subject to, or subject to annexation by Declarant under, the Master Declaration.
2S. Scvcrability. [nvalidation of any provision hereof shall in no tivay affect any of
the other provisions hereof, which shall remain in full fence and effect.

Inst ~ 188096 Book 1869Page: 752
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the
day and year first above written.
~~~~~uN'SEr ~~ii
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'~~~~ S1I *11~~~~~
NORTH; CAROLINA
Sea Watch at Sunset Ha
By:
BRUNSWICK COUNTY
I, a Notary Public of said County and State, certify
that MARK . SA ERS per ovally came before me this day and acknowledged that he is
President of SeaWa hat Sunset Harbor, Inc., a.corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the corporation.
r~
V~%!TNESS my hand and official seal, this the day of ~ , 200 3 .
(Notary Seal)
~.• y E. FQ '•.
a \ `N ~y ~,
My Commission Expires: ~ ' ~. ,~ `"" 9 ~ ",,
`_ ti 'Q , v
t~ • ~ J, ~
.,
i "'° =
r
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%~ ~BLti '
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/CK C~ ~..
STATE OE NORTH CAROLINA
CC)UNT~' OF BRUNSWICK
Thz Foregoing (or annexed) Certificate(s) of
~-
N ary Public
LUL`l~h~ KQ
!~~aar~t izs) Public is (are) Certified to he Correct. .~ ~ f ~l `~ ,~,~„ ~~ n ~ f~~ 3
This Instrument was filed for Registration on this ~~ Oay of ~JV ItJtJ, f ~-Il1XJ~ y'
rn the Book and page shown un the First Page hereof. I ~ j~.
Rn ;E .I. RO ftNSON, Register of heeds

Inst M 188096 Book 1869Page: 753
Bank of America, N.A., as benef ciary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1602,
Page 523, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
ioin_in the execution hereof for he n ~roo e of c ~bordin ting na d c~hJ in said Deed of Trust to
this Supplemental Declaration.
Bank of Am~ca, N.A.
By:
~~" '
Vice President
PRLAP, Inc., TQrust~e
( /
By:
Vice President
NORTH CAROLINA -BRUNSWICK COUNTY
I, /ti~1.5~'1 ~t~l'r,L(1 ~~, a Notary Public of said County and State, ~ certif}l
that ` ~~ , ,~C,y l'~ f'!' rersonally came before me this day and
acknowledged that(~,'lshe s Vice President of BANK OF AMERICA, N.A., a
corporation, ar_d that ~e she as ~. Vice President, being authorized to do so,
executed the foregoing on behalf of the corporation.
fficial seal, this day of ~ ''f'm , 20~.
;~~: OFFIC L SEAL
(~j *''~'~ r ~ otary Public, North Carolina '
~"~~'1 ~~ CAUNTYOFGUILFORD
~:~.~ b~ELISSA TURNER KEPLEY %~ t ~ ~ n
.'• ~ t 1t Commission Expires Feb. 29.2D04
~""`""''''~'""""`"""'~' / Notary Public
My Commission Expires: ~~~~~C~~~L/
NORTI~ CAROLINA -BRUNSWICK COUNT'
I, ~~(~ 5~:~ l cs ~' , a Notary Public of said County and State, certify
that > personally came before me this day and
acknowledged that ~e~lshe is •1•I-,L_____ Vice President of PRLAP, 1NC., Trustee, a
corporation, and that~she as ~i~_ _ Vice President, being authorized tee do so,
executed the forgoing on behalf of the corporation.
~-~•~ ~
..~;__-, nd official seal, this~~__day of ~;(~~'~~'1(~('~', 2Q~7.
' r 3 Notary Public, North Carolina
cc CQQ~~NTY OF GUILFORD ~ _
M~SBA TURNER KEPLEr ,' (~
' ~- Commission Expires Feb. c9. 2u04 ~ ~ • C-` (? (~,_~z_`1.~~~„'..
----t
Notary Public
f~iy Commission I:xpires~ , ~ ~~1 !~ _ _

~~
~i ~ i a J'.y Eck Ca~mty-Register of Deeds
-, i ~, ~ _ OG~i~~r~ ~~rt J. Robii-son
,J ~ '~nMo ns 1195531 Haok 1890Page 446
_1~~a1~~01/30/2O09 02:42:38pm Rest '7377
~~ n
~ ,~
~ ~ J
~ / ~~~
Supplemental Declaration of
Protective Covenants and Easements
~~ ~~ ~~~
q?
SeaWat~ 6'or, Phase 1-B
STATE OF NORTH CAROLINA ~ ~~~©~~4~c~Q
COUNTY OF BRUNSWICK
THIS SUPPLEMENTAL DECLARATION is made on January '/ , 2004, by
SeaWatch at Sunset Harbor, Inc., a North Carolina corporation
("Declarant") . '~~
~ ~~~ ~~~~9~~E T H
~auar~~~
~l ~'ti~ CL7G~G~~
WHEREAS, Declarant is the owner ~~'~?~rtain property located in
Brunswick County, North Carolina, and more particularly described as
follows:
Being all of the property shown on those plats of SeaWatch
at Sunset Harbor, Pe 1-H, recox,~~,,q~~n the Brunswick
County Registry as folvs ~~h~u~§~ are hereinafter
referred to collect~i.~~s~h ~~L~hc-~ `i~ia (the lots, streets
and any other pare ~ owi~U$~e Plat are hereinafter
referred to collectively as the ~erty;" the numbered
lots shown on the Plat are hereinafter referred to
individually as a "Homesite" and collectively as the
"Homesites"):
Plat 1 oft Map Cab; e-~~~, ~L Page 347
Plat 2 of 2~"%~~~~ Page 348
~ ~~/) I~~ ~9G~`1®!f
WHEREAS, Declarant ~-~~cute' c ~r,^Declaration of Protective
Covenants and Easements for SeaW~atcG~set Harbor and caused it to
be recorded in Book 1864, Page 714, Brunswick County Registry
(together with all amendments thereto and supplemental declarations
recorded in accordance with the provisions thereof, the "Master
Declaration") (unless o erwise defined herein, all terms defined in
the Master Declaration sh have t2}~~~en~'~r~nings in this
Supplemental Declaration); n ~ ~ ~'~ ~
i i ~ ~~ J' ~i Z, ~naoo~.~tl~z
WHEREAS, the Master=DeclaraL~~BC~,ablishes certain covenants,
conditions, restrictions and easements ning with the land,
including provisions setting forth certain functions and duties or
SeaWatch at Sunset Harbor Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "ACC"),
and easements and other-Nights reserved by declarant;
(dHEREAS, the Master D~o~a~,ig'ri~~g~6tiides that Declarant may annex
additional land into they ~~~~~ent, ~~±_~.~larant wishes to annex
the Property into the D~e~opmetiC`~ a~ ardation of this Supplemental
Declaration; and
`r1I-~EREAS, Declarant also desires to subject tae Property to
certain additional covenants, conditions, restrictions and easements

_- _. =._,
_ _
" - ` ~-_ Inst. # 195531 Hook 1690Page: 447
for the purpose of protecting the value and desirability thereof and
of ether adjacent properties.
=.~~ ~ i_
NOW, THEREcORE, Declaraj 4 ln'erg~y'_d'e~lares that the Property is
annexed into the Development and~s~halhrb~ ~~d, sold and conveyed
subject to the covenants= condit~h'?_~-xestrictions and easeme.^.ts
contained in the Master Declaration, and-~to the following additional
covenants, conditions, restrictions and easements, all of which shall
run. with the land and be binding upon all par*_ies having any right,
title cr interest in the Property or nay part thereof, their heirs,
successors and assigns, _zrd shall inure to tine benefit of each owner
,,. _ ^ ~ _
t:nereof . ~ _
~ ~ ~~
1. Homesites and Cpma~on- E'lemenbs5~ °Fi~c„esa to Alley. Each of the
~ -- ur, ,~, ,,.,
Homesites is hereby designated a`e~°'a~~:-~,~e$.~te, as defined i_^. the Master
Ci J i;
Declaration. The streets and other Commoi'Y Elements shown or. the Plat
are hereby designated as Common Elements, as defined in the Master
Declaration. Homesites 159 through 174 shall have a right of
pedestrian access only to the alley Common Element located to the rear
of such Homesites. Vehicular access for Homesites 159 through 174
shall be directly from Este~~o La'In~ ~za'~,dr~~ways for such '_ots must
correct to Estevao Lane, ~ot~ t=~,'L~~~ rear alley.
~'°°~''''~,~_~a.
2. Land Uae and Bu'ilding~fiy~S~eLs,~~h~e Homesites shall be used for
residential purposes only, and no structures shall be erected or
allowed to remain on any Homesite except one detached single-family
dwelling not exceeding forty (40? feet in height above the a-aerage
finished grade elevatior_ immedia*_ely adjacent *_o the dwelling, a
private garage for not ma,~~ than three ~j)~,c~rs, porches, decks,
patios, a swimming pool ana~~~rot ~o~_ '~t~Fi~, ors outbuilding (a detached
garage is considered to b~ r; olw~E'r~~i~$ding for purposes of this
restriction) No dwell~,s'nxlt,;r~.e, er~~~~~ci"'~r allowed to remain or.
~~,-~,,
any Homesi*_e unless the construction o~€~~such dwelling is substantially
performed on the Homesite. No modular home, mobile home, manufactured
home or geodesic dome shall be erected or allowed to remain on any
Homesite. No street shall be laid out or opened across or through any
Homesite. No Homesite or any structure located thereon shall be used
for the manufacture or sa-1e of any artic1e'gr for any commercial
purpose whatsoever, or for `^~~nduEt~~g,, asjy~~3u~iness, trade or
profession that involves. they co;~~ig~nd__goin~ of customers or
suppliers to and from the''Homes~~C~,-.,,irZrovi3ed"` however, that a Homesite
may be used for a temporary sales o~Ti'_e'and/or model with *_he prior
written consent o' Declarant.
3. Resubdivision and Combination. No Homesite or Homesites
shall be resubdivided, combined or any boundary lines changed without
the written approval of ,~c.clarazt. In_,~h=."=vent that any such cha.^.ge
is approved, the resulting r:Qmes-x.te'~~__.H~i;iestes shall be shown cr, a
__corded plat and the covenan s~~>orrdit_QCS -_restr-cticns and
easements set forth her ih-5ha11 ap__y to ash __~:i.ing Homesit...
4. Architectural Control. In additio^. to to arc::^itectural
__._trol crovi si.,..~ centa_ned ~r_ t:^~ Master De^~traticr., ___ _°oilc.a_-:g
_ c~risions s:nal~ apply to the omes:tes:
X11 proposed i~:Nro-rements ar:d=landscaping, __.~_.ding an.
----at_cr.s o° additicr.s, o^ ar.~,~-HGi ~i- ?i~at be _..._ewed and
a~ ~,ed bs .he A~.~. 3,: way f _~_~ s rarl;,n aro not c_ _-'mom a~-..-_
_mp=..~eme^__ _e;~____-:g a-__~o-ral s^a _ ode an_ d.veilin7,
,ic ~ -
~__..~~ ing, paring, once, wall, exte__-~ L'ghtlr.9, exterior F=~-- =5
__ ,.-namental or _~._._ior.al ext___or fea_.._es .in.._~._ ~ =lags.

° -I:~st # 195531 Hook 1890Page: 948
planters, statues, lawn. ornaments, bird feeders and bird bat'r.s, anv cf
w:^:!~;-: or^:aTentai or functional exterior feat~lres may be prohibi=ed by
the AC^~
_,,- ~. -
(b: No living tree 'fc~ur~.(a_--'} inc:ti~r,~~_:~tore in diameter at four
?) feet high from grouh?? elevaCi~r';'~-any flowering tree or shrub,
sha_1 be cut without the prior written consent of the ACC unless it is
_-. the area of a Homesite approved for construction of a structure.
;c) The review and approval process shall be conducted i..
accordance with the Master Declaration and_t~_~1e architectural design
standards and guidelines ad6p,ted bytithe;;e~~~,~as amended from time tc
t_me. Prior to commencement-~ o'P ~~~arrn~g grading or construction, t::e
Owner must submit an appl~,ca..i-on,:,w th -t+~d -~~~'~'~ ccmplete sets of
proposed construction an3 landscap'~z~'~gla~s, and any other information
required by the ACC. The ACC shall review and may approve, disapprove
cr require modifications to the plans. The ACC shall also have the
right to require ar. application fee and a censtruction bond or
deposit, as provided in the Master Declaration.
,.
(d) Orce construction~af a;dw~T7~ir~~-i~_as~ been commenced, it must
be completed and ready fo.r,,~Ccu~p;a13,C~within twelve (12) months. All
landscaping shall be firiis3ed'upa,~_comp"~~~an of the dwelling, wea*her
permitting, and in no event later~~~Ehaa~~i~ty (60) days after the date
the dwelling is occupied. Upon written request of the Gwner and for
good cause shown, the ACC may, in its sole and absolute discretion,
extend the time for completion of constructior. or landscaping. No
dwelling shall be occupied until it has been substantially completed
in accordance with the approved plans ~s-reu}3enced by a certificate of
completion issued by the ACC';!<;pr-ov'"u'ed_a~~at-in no event shall a
certificate of ccm letion~b ~~;.~
p ~ e.o~s~ru~de~ as prgviding any assurance
regarding the quality, f~i'tress cep?:~sua_tabili~y cf design, materials or
~ry
construction, or compliance thereofjw'~~~iany applicable Hermits,
building codes or other laws.
5. Minimum Dwelling Size. Ne dwelling shall be erected or
allowed to remain on a Homesite unless the total floor area of the
heated space within the rdo~line of th~.;ma'nstructure, excluding any
basement, garage and one-stor'v p~=~'e's,.~is "at least 1,800 square feet.
~ - ° 1 ~ ~u^= ~~3
6. Building Locat~:ofi and'=Sef_backs. The ACC small have t:^e
authority to determine the specific loc'a-t'or. of any dwelling or other
structure on any Homesite; provided that no dwelling, detached garage
or ether outbuilding shall be erected or allowed to remain on any
Homesit~ nearer to any property lire than the minimum setback lines
s:~:cwn cr described cn the Plat, unless such a setback is waived or
modified in writing by th= t]CC. -, _
7. Stormwater Management_~impeay~czu-sy_.Surface Coverage. T!-:e
~cvena^ts _. t'r.is paragraph ~a ~ interd~~ ,D ..assure or_goi^.g ..cr~o~__ance
N~_.. ~..^.e Stage Stormwater Manage~^er_t P=~-n~at nor t^e prcperty _~ssed bJ
_.._ .,eoartment of Environment and Natural Resourc_ .,_visio^: of Wat__
Qca__ty, ..^.de_ NCAC 2H.~000. The State of North Carolina is made a
~---_=~clar;r ~~ these covenants ~.. the extent necessary to mai-tain
_JmJ 113nCe `.a'i t;: the Jter^.l~n/3 ter "13 n3gement ?cYmit. The9e ~O'r e.^:dnt3
_Ca "". nC t0 S.Ormwater ma-~.' not De _dlte C°_, '~-r ~eSO '_-:dec `.J1=.r0".,i~ ='!e
e.<J e3~ .vr_~~_.. :OnSent Of _.... SG a, .c_'~::O rth ~arelln3, D~.1Sl:i.. ,._
'P131c_ ,~-:3:1tj. Alte ~.-.__`. _~. -___-'~r3__i''~=..3$ a..0'.+Jn Ji. ~.__ 3~Cr."`,~~
D_n._n T° nct ta'.~C°_ Dpi 3D_ W1~hO._~ ___... -.,. Jur_:nJe e_ _._° .x_.15 _.~.. ~._
!>~__ _3i_tr mdX ~erL1i :_ d bL___ "`.^: d_e D°° r-0t ?, ~C
5T13° _..iS~a:_.._=ed d^.'.e'1nt lIIe__d2o aT/ ..1Lt--:DOH a_°3~
-, .. _.o ___...~_.. Sv_tCl ~!" Ch_ EJR'.e 51t_ .........^da_1°~~ d.^-'~.. __-__ _^_O:_____ .._ C"__

`Snst # 195531 Book 1890Page: 449
the s=reef (back o_` the curb). Built upor_ area includes, ...._ is not
iim___,. to, s_ruc*_ures,.asphalt, cor_crete,~ gravel, brick, stone,
date, coquina, driveways; 'a: d pares=na-~dY=_.as:= but does net _nclude
raised, open wood decking,_e-r'=rt~E ~~;e-r"'surface of swimmi^g poo_s.
__1_~ng1n, piping, or a1,CVritgJary 3:'_E=" °'~-`ated conveyances
(ditches, swales, etc.) associated-wi~~r-te development, except fcr
average driveway crossings, is prohibited'3y any persons. _illing ia,
piping or al*_ering any desicnated S:1 curb outlet s•Nale associated
Kith the development is prohibited by any persons. A 30' vegetated
buffer must be maintained between all built-upon area and the mean
high water line of surfa~,e_waters. A11 roo~ drains shall terminate at
least 30' from the mean hi ~~t-,water~rar~:~~ i, ,~;T:~-rs protect has a curb
outlet system. Each designates ~c~url~~ou~let Swale shown cn the
approved plan must be mainti•aine3,~~ a iYrYni~ of 100' long with 5:1
(H:Vi side slopes or fleeter, have=s-7~+_~,tudinal slope no steeper
than 5%, carry the flow from a 10 year storm in a non-erosive manner,
and maintain a dense vegetated ccver. Such swales are located in
either the Common Elements or a drainage easement as shown on the
Plat.
_ ~~ -, ~
8. Outbuildings and~Pbolsr„-No'Te'm~gsary Structures. No
detached garage, shed, Nork~'-pp~,,-pooP'Fiouse or other outbuilding shall
L~;7~!r~, a~~~?~_ ~,_~,~
be erected, placed or a~ldv~ed"to,,rPmai:n -orr~hhy Homesite without the
prior written approval of the ACC- ahc~~c~~_;#~omesite shall have more than
ore outbuilding (a detached garage is considered to be an outbuilding
.or purposes of this restriction). An outbuilding must be
architecturally compatible with the dwelling located on a Homesite, as
determined by the ACC. No pool shall be constructed, placed or
allowed to remain on any'=~Lpmesite wi *_1^~LLG ~~hi=_ prior writ~ea approval
of the ACC. No structure os°2a temp ar,~~dnaracter shall be erec*_ed,
;,i~~r
p'~aced or allowed to rema~injoa';a~zy' hames~~e ~-nor shall any building
materials be stored on a?'y'=_Home~~;te„_~,NO ten" camper, garage or other
outbuilding shall be used as a tempord~~%=fir permanent residence.
9. Fences, Walls, Playground Equipment and Signs. No fence or
wall shall be erected or allowed to remain on any Homesite wi*_hout the
prior written approval of the ACC. No chain link fences shall be
approved. No dog pen or `feernel shat ~ bei ere J ed or allowed to remain
on any Homesite. All playgrd:and;e'ghibm~t on any Homesite must be
approved by the ACC and ~uuse; be'ulbca~.,cj;_h~,nind the rear line of the
dwelling. No billboardsv~~~osteis,c ~~ rs~o~ any kind shall be
,..
erected or allowed to remain or. any Homes'Zte, except (i) a name and
address sign, and ;ii) a temporary sign reflecting constructier_ of a
dwelling on such Homesite by a licensed contractor; the design: of s~:ch
permitted signs must be approved by the ACC.
10. Outside Antennas'-and Satelli,::e'Dishes. No outside radio or
..~_evisior. antennas, satelltA-drsFES' o=-'similar devices sha'_1 be
e~ected „_ allowed to remain cn~=aa~'y 3me,si, e, except ae nermi*_t=_d by
t__~ a~_h~t...,tural desig: ~stardards;'t'r3-~_g~~id..._.__~ adopted b.r t..~ ._~ ,
_~ ar^e^ded prom time to time. _` =
11. Fuel Tanks and Storage Receptacles; No Clotheslines. :^"e
placement screanir.g and maintenance of =uel ~tcrati= to aka a:-:::
receptacles for garbage, rash ~~ lawn. debr_s shall .,_ approval t:^.~
A.~_, wr__ . Tay _equir~ f~:~: forage _a:,._~ _ _be o~_ ed. _:.. ~__,ccr
~ltt__o ~...~, _~..tn2S__..eS .,_ _.. _3~ ~t_~._t ___o S'.':a l'_ _._ _3a _..,. „_
~--_..a~ -- ~emain c^_ a^; He _'e
12. Boats, Trailers and Certain Vesicles. tic .,cat, ~.vatercra't
--__-~_, .~ camper, mctc_ ,.~.,.-, .___e___~.:a'_ ~~---_--• _^nr^e_~_a'
~~.._~_ ~_ __operat_ve ~_ 1.-____..sed v~-.-~-- ~.-~_1 ~.. _~e. _._
__ ~__ .-._-. _~.ve _- _~__ 2z .., _re ,.. a--y ..~_a'-__ "<-e. - -.. ~ tea=

- = ''<-Lrst # 195531 Hook 1890Page: 950
w_t~_ the garage doer fully closed ;a standard size pic'~up truck
maintained for personal a e shall rot be considered a commercial
vehicle for purposes of thin"rest is-ti~~ ,,~iclators may have their
-i ,_
boat, watercraft, trailer ox se?i_r'c.~e~ to~ioed by the Asscciation at the
owner's expense. No boat'.,; wate~'craf_,-:%v'~~-?-Ar, or vehi~le of any type
shall be stored, either permanen*_I'y='cr~pemporarily, on any Homesit~
prior to comp'~etion and occupancy of the'"dwell_ng on such Homesite.
13. Animals; Nuisances. Dcgs, cats and other household pets
s;_all be permitted, provided that they are not kept or :maintained for
^_om,mercial purposes and ftarther provided t-ha~ they are kept and
maintained in compliance wt!z all _ap~31'c "a~-lp~~aws and ordinances and
any rules or regulations adopEe;d~l~~~~he~ASSOCiation relating thereto.
Otherwise, no animals, 1: 1_stocl~`~~,or fora-~'o-€~~ny kind shall be treat or
a'_lcwed *_o remain on any~Homesite'~fo~~~a~,:,;ourpose. No noxious,
~~
offensive or illegal activities shall be conducted upon any Hemesi*_e
nor shall anything be done on any Homesite that is a nuisance or an
annoyance to the community.
14. Maintenance of 'Homesites and_ImpTOVements. All Homesites
shall be maintained in a sgf:;tly~e~r3u*;~ri;=-free of debris, rubbish,
weeds and high grass, a:,d-,al~~l"m3io~emen s on the Homesites shall be
-Mt7r-.~,.~i<
maintained in a sightly',,c'ocdi~iQrn,;,~~11~' ~b a Standard that is
'~~a2-~~
harmonious with other property in the='9e~elopment, as determined by
the ACC and the Association in accordance with the Master Declaration.
If the Owner of a Homesite fails to comply with these requirements,
the Association shall have the right to cause such maintenance to be
performed and to charge the cost thereof as an Assessment attributable
co such Homesite as provr~ed in the Ma,~~e*^.D=_claration.
~h~~ ! ~'~
15. Repair or RemovaT;of ImprofiemenZs~„ Any improvement damaged
in whole or in part by find,' wi33S;t_~m, or any other cause must be
promptly restored or all debris removed=and the Homesite restored co a
sightly condition. Such restoration or removal of debris shall be
completed within three (,3i months from the date of the casualty un'~ess
the ACC grants a written extersior.. I_` the Owner of a Homesite fails
to comply with this requirement, the Association shall have the right
to cause such restoration~or removal to,5bep xformed and to charge the
., ~~
cost thereof as an Assessmert~;aCt'-'~buta~b~~ to such Homesite as
provided in the Master D2~laffati'on'~.
- _ _'_ ~_ .~- _=~5
16. Wells and Irrigation of Flome'~Yt'es. No well shall be
dril_ed, installed or allowed to remain on any Homesite for drip:k'ng
water or other household or potable water supply purposes. A well may
be installed on a Homesite for irrigation. purposes only, provided lha~
the location and screening of ary above erouad equipment or
_mprcvements must be approc=d by the;AC,C': ~~-rther, irrigation ayscems
~;~~
sh all be designed or irrigat'ibn ~i~3tFr,s:'1d' be filtered as necessary
_, a~:oid staining or di~c'o'_~oiirg~~ot ~_3esra?-_~s, cubs, pav_^g or
similar>merovements lacat=d wii~hi~ }=ham Drooert~i.
17. Lakes and Ponds. The use of any la;<e or ~o.^_d, or an,;
_ __~on l'_-iereof, located within the Froperty _~ subject .. ., rules and
_>_g.:latio^.s c` t`e Assoc_atien, which may ;ncl:de prchibiticn of use.
_. tine extent ~~at all ~ any costior_ o' a_ 1-ak=_ ~_ pond is loca_ed
,_t: _n a ..~_.esi ~_ or ab~__.ng _ .,_ = _
the np__ i ir_e a K.. r^.=_ ' -'~e
~~__~ ~~ s~~_ =o^~es___ s~a__ ce bp; _~_.,_~ _.,_ ^ai___s'.._-:g _.._ _fge
~___ ban:c ~_ ~___ _ake __ o*ic' a.,d~fo_ ___..__-_-- -ros_~,. ___ _.

~~l„ ~n
~~~ ~~~r
-,III' j ~ !1~~~
~~I i I ~A :i JG70(~r~lJ~1
~`~ ~ ~~~~,~t~,~ ~pst # 195531 Book 1890Page: 950
with the garage door fully closed (a standard size pickup truck
maintained for personal e shall not be cg~~idered a commercial
vehicle for purposes of ~t~h'~restr ~r~ ',tilgiolators may have their
boat, watercraft, trailer o ~~ by the Association at the
owner's expense. No bo~~~, ~~~ ~~ ~ ~~~~'~~aft;~r, or vehicle of any type
shall be stored, either`~ermanenCY~!s porarily, on any Homesite
prior to completion and occupancy of the gelling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets
shall be permitted, provided that they are not kept or maintained for
commercial purposes and ther provided~~th~t they are kept and
maintained in compliance w q a1~7 .~i~Gr~a 'laws and ordinances and
any rules or regulations ~ ~m~~h~ Association relating thereto.
Otherwise, no animals, ~~~ ~~~~ fd4G~ff~~ny kind shall be kept or
allowed to remain on any Homesite ~d~~'~Qpurpose. No noxious,
offensive or illegal activities shall be conducted upon any Homesite
nor shall anything be done on any Homesite that is a nuisance or an
annoyance to the community.
14. Maintenance otQ'mesites and ~#rementa. All Homesites
shall be maintained in a si~~tly~ rt~ Free of debris, rubbish,
weeds and high grass, ar~,aJ(~f } ro' ments on the Homesites shall be
maintained in a sightly' fi~d~. 1~0 l~~g~v"~'tandard that is
harmonious with other property in ETze~~lopment, as determined by
the ACC and the Association in accordance with the Master Declaration.
If the Owner of a Homesite fails to comply with these requirements,
the Association shall have the right to cause such maintenance to be
performed and to charge the cost thereof as an Assessment attributable
to such Homesite as proud in the Ma t-g~,I~eclaration.
~~ ~ ~~~~
15. Repair or Remg1v,~~~ fij'd~~aveJ~,~¢ Any improvement damaged
in whole or in part by $3~'~, wi or any other cause must be
promptly restored or all debris re~~~d the Homesite restored to a
sightly condition. Such restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless
the ACC grants a written extension. Zf the Owner of a Homesite fails
to comply with this req~.rement, the Association shall have the right
to cause such restoration``'~,~ removal r~~~p',~~„rformed and to charge the
cost thereof as an Assessmen"t"~tt~ to such Homesite as
provided in the Master ~ 1~ ~p®~~~
~J ~~~'`~~~~~
16. Wells and Irrigation of Home~4~s. No well shall be
drilled, installed or allowed to remain on any Homesite for drinking
water or other household or potable water supply purposes. A well may
be installed on a Homesite for irrigation purposes only, provided that
the location and screen of any above gro d equipment or
improvements must be apps d by th~,&SE'ilrther, irrigation systems
shall be designed or irrigat~'g~~'~?~~`:~~'i~h be filtered as necessary
to avoid staining or di g"o!~,7rt5~.i~(~ df s~~, curbs, paving or
similar improvements loC~ed wit~~~P~ perty.
17. Lakes aad Ponds. The use of any lake or pond, or any
portion thereof, located within the Property is subject to rules and
regulations of the Association, which may include prohibition of use.
To the extent that all ~ any portion of a ~ake or pond is located
within a Homesite or abutt~~ the~,rq~a~~i~e of a Homesite, the
O,vrer of such Homesite shall,;~e, ~gsp9~r~1e for maintaining the edge
and bank of such lake of ~pd~~zsd~fort'ling erosion due to
~~ ~jr
stormwater runoff from wYthir. suc~~.i.,te.
ss_ i~

-~-_.Znst ~ 195531 Book 1890Page: 451
18. Wetlands. Certain Homesites may contain wetlands su:tje.._ tc
~.5. Army Corps of Engineers regulatory jurisdicticr.. =filling,
grading, excavati.~g and otre.r land ds~ub3n~ activities are
prohibited in such wetlands-on a~y~hsme'site.
" - ---
19. Easements. Deelarant°i~r'~t~~--r.~ser~es for itself, its
- - ~
successors and assigns: ii) easemeats_f`or-draiage and uti L ties or.
all Homesites along all property lines, measured tea (10) fee= into
t1:e Homesite from each property line; ;ii) other easements as s'rowr, on
the Plat; and (iii) easements described in the Master Declaration.
Such easements shall be=for the installation-,and maintenance of
drair_age facilities and uE~1~,ties ~crgss ~on~nd ur_der t_:e ground, o_
for other purposes as specified cm~~e-~P1at or in the Master
Declaration, together witY~a Chi- ~rgh^ df=^ rn3~-mss and egress over and
upon the subject property for such-ses. Uses of utility
easements may include, but shall not be limited to, electric, cable
Television, telecommunications, water supply, sewer, and irrigation.
All such easements are nonexclusive and shall be assignable, in whole
or in part, to the Association, to public utilities, and to other
providers of utility ser~~r~:_ces. ,~ - ,j
20. Waiver of and Cons"exst,,,t~o~'tL.a3~ations. inhere approval
authority is specifically~~gr_a:3te`d .to L=iii"'A?C'sherein or in the Master
Declaration, the ACC may waive a vio~Ya~~~~jn of a covenant, condition or
restriction by appropriate instrument in writing. Otherwise,
Declarant may waive any violation of the covenants, conditions and
restrictions set forth herein, or release any of the easements
reserved herein, by appropriate instrument in writing; provided tha*_
any waiver of paragraph-7:_,shall require ~pp:=oval by the Division of
water Quality of the Department ~~f%Eiuvi:~~men"t and Natural Resources,
or other appropriate ofL"i~~idl[ os•~a~ut$ority_of the State of North
Carolina. ! -- "- -"`'`~
21. Amendment. The covenants, conditions and restrictions (but
rot the easements) set forth herein may be amended only by the
a`_firmative vote or written agreement cf Owners to which at least
sixty seven percent (57%) of the votes of all t::^.e Owners of Homesites
~._ the Development are a~l~cated; provy fed.-tihat any such amendment
must be recorded in the land~rec-~r~_s~fgn'-3~swick County, North
Carolina in order to be;e;ff2pt<re'~ and-,~r_y„amendment prior to December
31, 2J33 shall require t~e~wr ~e.•t ~4nsent~o~ Declarant. Any
amendment of paragraph 7 shall require'°3pgroval by the Division of
water Quality of the Department o_` Er_virormet and Natural Resources,
or otter appropriate official or authority of the State cf Nort=-:
Carolina.
22. Ternination. The_coverar.t~,-,e~r3~ _ions and _estrictio^.s ~_t
forth hereir_, as the same may._be;'~~end~.~l~-inlaccordance w~ th t:~:e
provisions ._ereof, shall !;n N '`~'7'-t e , ar.~,,,:that is sub;ec_ ::^.ereto ar_d
sna' ! be bin ding or. all owners of rslar~ a^d al'_ _ _rscns ~: a_mi::3
ur_der them. T!:is Supplemental Ceclara=`~on may be t..rm.inatec only by
--._ aifirmati•re vote or '.vritten agr_e~^,ent of Owners o`_ orope-ty in .he
Ge•~eiopmer.t to svh~ch at -east eighty per.~__ ;SCE o` the ~.tes o= a.1
t..e Owners are alixa_ed; pro-rided that __, order to be effective an
such __rmination must be ..orded in t:te land records for Brunswi.k
..~~r.t_ Uor=._ Carolina, ~:_c,a^~ t=rm-^a~_ or_~_ t. .,....ember 3., 233
°~a-- - ~re -r-e `'vr----.. or.s~n- f nay~_°ant. A^;~ ---..._r.at-o~ o-
Ca ~3g~`=-, i'~7 3_~dil ~e.i'a~ ="~p_G:31 `/ _._ ..15'x`: ..~ era .er Q~~3___/ __
_.__ DeC:d ~t ".l°Rt -._ 'S~L'r..^'le:dC a C: iI3 _Llral 3e~our~°S, Jr O~h°~
_..,t... o_____a: Or a'atnOrl- v. ~.. _:,--`Stat_ v_ ~C_t~'1 Caro 11.^..... _.._
eas-~:eats __ser'~'eu he___-_ ~^all __._ ..___. t~~e _~nd ~.,c~e. ~ t.___~_~ ,~a
_--ti __ _-._... ~X-~_ t t~ _.._ _:i'~_._~ _..~_ _--_ __~~J'1 .~_ --_~.._.n h.._

= _ =_-Inst # 195531 Book 1890Page: 452
r!yhts to an easement have released such rights pursuant to an
instrument recorded in the lard records for Brunswick County, north
Carolina. - _ - "
23. Enforcement. Except, to_"the _ex.~~~~_:that a waiver has been
duly granted as provided herein;- ~~:.La=ant, the Association., their
_espective successors and assigns, and a^~ Owner of a Homesite shay-
^_ave the right to enforce, by a proceeding at '_aw or in equity, all o`
the covenants, conditions and restrictions set forth herein against
any person. or persons violating or attempting to violate the same,
~ither to restrain the violation or to remover damages. Failure by
any such entity or person to, enfo~c~any, i of~_~=he covenants, corditio~-s
~ ,
or restrictions set forth he-ze=s;m,_~tTabl='~nlno event be deemed a waiver
of the right to do so tiler;e~fCer,,;,_The-'-,'t•~E'~t~e~f North Carolina shall
have the right to enforce paragraph=-P~rier~of.
24. Application of Restrictions; Declarant's Rights. The
foregoing covenants, conditions, restrictions and easements shall
apply only to the Property and not to any other property now or
hereafter owned by Decld~ant, unless suci}-other property is subjected
~,.~
to such covenants, conditioY~:, rest~',cti~on-s~-and easements pursuant to
an instrument executed by, 9e~~'la~a~a;~t end recorded in the land records
for Brunswick County. '~h~'~irights,,;af~ IJe'c1a~`a`~t hereunder shall ir_ure
tc the benefi*_ of its successors and~'as~~~ns if so specified in an
instrument executed by Declarant and recorded ir. the land records for
Brunswick County; provided, twat this requiremer:*_ of designation is a
recorded instrument shall rot apply to a mortgagee who acquires title
by foreclosure or deed ir. lieu of foreclosure to arty property owned by
Declarant and now subjecC-~to, or subj ~t-,t-ojannexation by Declaran'
under, the Master Declaratic~: ~~ ~ _ %-~
?'`~,
~~ ~ J
25. Severability. ,_!Fnva~i~a,`;~prL of'acy°provision hereof shall in
no way affect any of the other provissc~s!Jaereof, which shah remain.
ir_ full force and effect.
IN WI?NESS WE?EREOF, Declarant has caused this instrument to be
executed as of the day and year first above written..
';34aiif7/ ~
ca~~T o~% °' ,S EAS+~eA,TCH_.~A'T SUNSET HA INC.
s 2'' .:459 i~ - r J~ ~
,l ~ ~ r Ws9..By. ~ - ~! i~
`~ ~;~ ~ '~uJ~;~=.~ Mark A. Saun~ers, resident
~~~~!l1it~~~,
STA='~ OF NORTH CAROLINA - '~ = - ~" ~~
CCL'~iTY O? 3RiJD1S41IC:C ~ -- -
_, a Votary Public o° said county a^,d ..ta.e, .._~__fy that MARK A.
SAUNDERS personally came be=ore me this da~_~ and acknowledge: t:tat ..~
i c president Of SEAWATCH AT STJNS ET HARBOR, INC. , a VCrtll Ca r~ii.^.a
..crporation, and that he, as ._esident, being authorized to do so,
executed the foregoing ~ - be:^a_i o= t~ne ~ -Donation..
~~~~ Z~'!w?~a ~ ^~y hard a^d "__ __ sea' , ~ _~ --_ ~~> o~ _~ .a-;,
FJ
f t` ' , ri ~ ~ LO /~,
~ Y.. `~ ~J ^J ~3=_ 111:.^.:__
.SSG^'', !CKCp.~

_ ;
" '_ Inst # 195531 Book 1890Page: 453
Sank of America, N.A., as beneficiary under a Ceed of Trus=
er.c~mberirg the property-;described in this,~upplemen~a~ Declara~.on,
said Deed of ':rust being recorded i_n-BrJCr: ~J2, Page 523, Brunswick
County Registry, and the under~;~~ri€~~'~r-usEee ..r_der said Deed of Tryst,
join in the execution. he_~.of, fdr-',tom ,;~~tn~e=~` subordinating a^.d
~.b;ecting said Deed of 'Drust to this=.~s°~pplemental Ceclaratior..
Bank of America, N.A.
By : ~ P ~~~
- - ~ President
-- ~~, -"
f J PRL7~~y~znc . , Trustee
By : P ~-,~____
Vice Presi ent
NGRTri CAROLINA - NEW AANOVE~ -COirTN,'?~Y~ ',.,~~"-
~~ =~ -
- ~' i I n,,,r~q-'rFi;
I, a Notary Public o'f-said :or~,nY_y and ~~ate, certify that
P. Jo nC(' persons-r~~,x came before me this day and
acknowledged that e she is President of BANK Or
AMERICA, N.A. , a corporation, and that e she as `f ;Le
President, being authorized to do so, executed the foregoing on behalf
of the corporation.
;~
WITNESS my 'nand and ofPzci~3~~~da,l,,ahis~~~day of
~ 2004. ~ ~ ~ ~-, ~ J
_ .__~=1_
;Notary Seal) ~ ~'!;'7~ i~ ~
n I Jn ;~ ~
,~ ~ / (, Notary Publio
My Ccmmission Expires: ~( I
~_,.o~~
GFF;C AL SCAL
Notar Public hcnh
COUNTY, r'Uli p.>p
_ ~~ J - - h1ELLSSA 7UHNEH dEPI_
~_ , - c -_ ~ Co~~misslon ~_xoir g c.-h. 29. 2~U
NCR,H CAROLINA - NEW HANOVER COUNTY
I, ~ N tart/ Public of said County and State, certify that
le~f1 4 ~ ~I~~+ personally, came befcre^~e th=s day and
acknowledged t:^.at she _ _ ~f .'C~` -_ -~reside._ oz ?REAP, I'~;C. ,
~_~s_ee, a corporation, an3. ;--~t~~s`:ae"=a`s ~ CC Pr°s~d_.._,
r t
ce:na authori zed to do s~; °x ,~ute_d trA °t_~::~oing .__ be^:alf of tre
;dITNESS my ha^d~and eEfi.iai seal, this ~~~~
da'_r o.
i~~'~'~.,1y4~ 2I~_.
,r„
`Ot;;3'r" JrarF G.11 ,,C 1L a r - ~/~ -yI//
I h0iar r'~hhc Jnr f ar i ~ ~ r I}, n
}~~,~ ° _ r 'Z ~ =w~-~` ~~~ ~.y~ ~~~ .ter n (y,~Iy//~
G C l'JT ~ iii FC ~ ~' `}~-~-~-/
3 -. ~ ,..
~~ ~ ~ ~, ~I -, ~ --
ST.a CE OF NORTH C:~ROLIN a =
COLNTY OF BRL'NS~~'ICK
TSa Fora_olrg ~oranna~:d'i Cyr t,~14i_l f _ _
~~otarviiesi PubLc is (argil C: r[i~ied to be Correa.
This [nsnur-~~nt ~~.c;l; filed ~~,r 4~_~etration on rh~~: D~•, o. - -~ ='. ~ _ ,
~~~ i l
Rr)BF: T 1. Rnltl~'~CT~. Haq ccr n( D,x~~~;

- -~
__
~II ~ ~` II
~ Bru~-''~-wz~i~'-t~°untY--Register of Creeds
- ~ _'%?o~e~i: J. Robertson
In's~<'tfZ06710 Book 1931Page 665
~. 09/23/2004 03::39:06Rtt Recf 1 ~~~(Z(,
SET
~ZEv TC#~
~OTAI
,~ i -~EGN~ !-=O,KAMTCK
- _. RFC 9
_ _ _ ^PaN -
- s-
Supplemental Declaration of
Proteettve Covenants a~d-Ea~ements
-~ ~ i f~ tj I~ I ~ ~ I~
SeaWatch Jat ~unse~~Ha)!-¢g~r.,)'hase 2-A
~~
NORTH CAROLINA - BRUNSWICK COUNTY~~"" `~=
THIS SUPPLEMENTAL DECLARATION is made on April a ~ 2004, by
SeaWatch at Sunset Harbor, Inc., a North Cazolina corporation ("Declazant").
;,.
W ITNF SSIzTlj3' ~ " I, '.
r~_ i J ~ .,
/~ n" Gig-j'~U ~~ "
WHEREAS, Declazant~is)the~'awt~,r>,of~er~~in~p~~rty located in Brunswick County,
North Carolina, and more paztictJli arly descri~~~as~tl~~S:
Being all of the property shown on those plats of SeaWatch at Sunset Harbor,
Phase 2-A, recorded in the Brunswick County Registry as follows (such plats are
hereinafter referred to collectively as the "Plat") (the numbered lots shown on the
Plat are hereinafter refe~d to individually~a~ =`H~dmesite" and collectively as
the "Homesites;" the Homesites ap~c d g~~~1'etnetlts shown on the Plat are
hereinafter referred to coll~lct}vel'q a~th~ e,
_ ~ - _
Plat 1 of 4 Map CabinefPage 88
Plat 2 of 4 Map Cabinet 30 ,Page 89
Plat 3 of 4 Map Cabinet 30 ,Page 90
Plat 4 of 4 Map Cabinet 30 ,Page 91
WHEREAS, Declazantexecuted a Maste~,I~ecFar~on of Protective Covenants and
Easements for SeaWatch at Stmset Harbor-~id= fuse IlcEit~`be recorded in Book 1864, Page 714,
Brunswick County Registry (tog~t~iecl witliLal~-amen~~pg~l~, reto and supplemental declarations
recorded in accordance with th~provisioris-''tt%e~~o€~,tlke "Master Declaration") (unless otherwise
defined herein, all terms defined in the Master Dec~l~a~fi'en shall have the same meanings in this
Supplemental Declazation);
Phase 2-~. Supp. Prepared by: Schell,BrayiAycock Abel & Livingston P.L.L.C. (JAM)
_- ~ ~ ~ - _~ (Without Title Examination)
~ ~' - _
- -
~ ~ ~~ r,
- _. ~ _
_:
,,_

J ~ , - _ ~
., ~ ~ J
~~~ LI~ ~-
i, '=i~L # 206710 Book 1931Page: 666
WHEREAS, the Master Declaration establishes eRain covenants, conditions, restrictions
~ and easements running with the land, including provisions setting forth certain functions and
duties of SeaWatch at Sunset Harbor Property Owners Association, Inc. (the "Association") and
its Architectural Control Committee ([he "ACC"), and easements and other rights reserved by
Declarant; ~ i!I
_ -, ~,-
~ ] --
WHEREAS, the Master L-~ecfiaza~tq~ provides that Declazant may annex additional land
«a._ ~ ,:
into the Development, and Decla'r t wislfes-to~annex the~~'roperty into the Development by
recordation of this Supplemental Declazation; acid ~-' _= ;;_;
WHEREAS, Declazant also desires to subject the Property to certain additional
covenants, conditions, restrictions and easements for the purpose of protecting the value and
desirability thereof and of other adjacent properties.
i~
NOW, THEREFORE, Declarant h~r~~ldeclares that the Property is annexed into the
Development and shall be hel~,isq~d-'bid conve~~c~-r~tbj,~ct to the covenants, conditions,
restrictions and easements contained in tti~~NFaStLr~Dec1aration, and to the following additional
covenants, conditions, restrictions and easements, alro~which shall run with the land and be
binding upon all parties having any right, title or interest in the Property or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. Homesites and` Common Elements; I~est~i~ction on Driveway Connections.
-~_~i^,
Each of the Homesites is hereby desi-gnated_ i a~ame~ite;;as'-defined in the Master Declaration.
'~ The streets and other Common F~1err~er~ts~; ~wt>;oit=the Plat are hereby designated as Common
Elements, as defined in the Ma~t~r ~~,jf)e~clarat~~ The7~'a~~`~~ no driveway connection from any
Homesite to Nautica Boulevazd. For any t~oeties~3gtiwith an adjoining rear alley Common
Element, the ACC shall determine whether the driveway connection will be to the front street or
the reaz alley.
2. Land Use and ,Building Type. The Homesites shall be used for residential
purposes only, and no structures~~hall be erected o~a~l~nw~,c ~~to remain on any Homesite except
one detached single-family dwelling`ti~~~t+~d~ g~'~ct~(40j feet in height above the average
finished grade elevation immediate y~a;~at•sn~-t~o~~ ~d„r~„e G,. sa private gazage for not more than
~,~~
three (3) cars, porches, decks,' pelf ~, a s~"r~ni~;goo~ an~ not more than one outbuilding (a
shall be erected or allowed to remain on any Homesite unless the construction of such dwelling
is substantially performed on the Homesite. No modulaz home, mobile home, manufactured
home or geodesic dome shall be erected or allowed to remain on any Homesite. No street shall
be laid out or opened across Qr,.through any Homesite. Npl Homesite or any structure located
thereon shall be used for the manufacture or sale,o- %arli~Cle or for any commercial purpose
whatsoever, or for conductin an tsme~s~. ~rade~o~fofession that involves the coming and
g Yr~;~~
going of customers or suppliers ~o, ~ttd_fr', fhe Homesite; provided, however, that a Homesite
~;~>,~ _
may be used for a temporary'§a~es offine`~"add~q_x_-rn del with the prior written consent of
Declarant. ~~`~
Phase 2-A Supp. - _= 2 ~ ~ ~ ~ =
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_ - ~ 2i,671J Book 1931Page: 667
_ _
.-. 3. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each`ctsulting Homesite..~~.
,.
~! ~ ~
4. Architectural CQqn~trpl ~ri ~addition,_.ta Sh-e architectural control provisions
contained in the Master DeclazatiHti; the`foflowing~p%vtstons shall apply to the Homesites:
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the ACC. By way of illustration
and not of limitation, improvements requiring approval shall include any dwelling, outbuilding,
paving, fence, wall, exterior l hting, exterior painting or~ornamental or functional exterior
~.~,
features (including flags, planters;?statues, lawn,arnatnents, ~ird feeders and bird baths, any of
which ornamental or functional exteriapfeatii ~ iJih~l~e-4prohtbited by the ACC).
Je ~ l "~ V~
(b) No living tree fottr (4) inches-car ~rror~ In diameter at four (4) feet high from
ground elevation, or any flowering tree or shrub, shall~ie~ut without the prior written consent of
the ACC unless it is in the area of a Homesite approved for construction of a structure.
(c) The review and approval process shall be conducted in accordance with the
Master Declaration and the azchitectural design standards att~hguidelines adopted by the ACC, as
amended from time to time. Pnor~ t'o-cotn~cnc~i~r}t7 9 'clearing, grading or construction, the
~ Owner must submit an apphcatiert putth)t~wq~R~}~1complete sets of proposed construction and
n I ,~rh„~ ~
landscaping plans, and any othpt ~ttformatr~r~~F~~u` re(~ ~Sy'~lie ACC. The ACC shall review and
may approve, disapprove or require modificattorts~~o-~e~plans. The ACC shall also have the
right to require an application fee and a construction bond or deposit, as provided in the Master
Declaration.
(d) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within tiYe^kve (12) monthsl,~ll~la~dscaping shall be finished upon
completion of the dwelling, weather ~emtjttir~~id~in.tio went later than sixty (60) days after
the date the dwelling is occupied.~~LT)iorf w"r~ ten requ~e ~ ef~ owner and for good cause shown,
the ACC may, in its sole and absolute dis~~tris~~t~nd the time for completion of construction
or landscaping. No dwelling shall be occupied it~t'ihik=has been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shall a certificate of completion be construed as providing any
assurance regazding the quality, fitness or suitability of design, materials or construction, or
compliance thereof with any applicable permits, building cgdes or other laws.
5. Minimum Dwellia S' e~~ tf~~dcv~mgs~tall be erected or allowed to remain on a
Homesite unless the total floor ar~o ure Fl L
g ' ~ ' ~~ted spa~svrthi~he roofline of the main structure,
c, r.,~a
excluding any basement, garage`~n~one-story~''pdre~srr~s~at least 1,800 square Feet.
6. Building Location and Setbacks. The ACC shall have the authority to
determine the specific location of any dwelling or other structure on any Homesite; provided that
Phase 2-A Supp. _ _ i 3 ~ - _ _ _
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_ _ _ Ir~s~ ~"' 206710 Book 1931Page: 668
~-
~„~ no dwelling, detached garage or other outbuilding shall ~e ececteci or allowed to remain on any
Homesite nearer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater Management; Imperv9us ,Surface Coverage. The covenants in
this pazagraph are intended to ensure ~oR~ci~ig_,~~m~liance with the State Stormwater
Management Permit for the Property sssu~ed-~b~the~De~attment of Environment and Natural
Resources, Division of Water'Q~tality, un~e2jN(~~C_,2~I 1000. The State of North Carolina is
made a beneficiary of these covenants to the extei'it`neCessary to maintain compliance with the
Stormwater Management Permit. These 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. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the;Qivision of Water Quality. The maximum permitted built-ypon
azea per Lot is 4,500 squaze feet.."~~~Ths allotted oun :mr),~s an~ y built-upon area constructed
within the Homesite boundaries, and ~ttat ~~'fl3ght-of-way between the front line of the
Homesite and the edge of the s ell ~ (J~dc, _o'-f the ~urls~~r~~Bttilt upon area includes, but is not
~`~~
limited to, structures, asphalt,`conerete, `graikelY~~k„ stone, slate, coquina, driveways, and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development, except for average driveway crossings, is prohibited by any
persons. Filling in, piping or altering any designated 5:1 curb outlet Swale associated with the
development is prohibited by an}~.persons. A 30' veg_ ted buffer must be maintained between
all built-upon area and the mean~fii~}t w h~~~d ace waters. All roof drains shall
~' terminate at least 30' from the r~tea~l lugl~~~e~=mar This project has a curb outlet system.
Each designated curb outlet swttle~s)Y~Rq;~o~~he appcd~zl plan must be maintained at a
minimum of 100' long with 5:1 (H:V) side slopes~oi•ter, have a longitudinal slope no steeper
than 5%, carry the flow from a 10 year storm in anon-erosive manner, and maintain a dense
vegetated cover. Such swales aze located in either the Common Elements or a drainage easement
as shown on the Plat.
8. Outbuildin s auij=~AO1s• No Tem o~~}~y',~,Str~tures. No detached gazage, shed,
workshop, pool house or other outbu[Ydin e~eb4~d; placed or allowed to remain on any
r ~ ~ ~ ~ ~~-~u,-
Homesite without the prior writt~~ a~p'r~o~, a ~,,~, d„ono Homesite shall have more than
one outbuilding (a detached gara~e" is c~~'rPsi~e~d~,t~t, be an outbuilding for purposes of this
restriction). An outbuilding must be azchitecturalfy`Lvti~patible with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior written approval of the ACC. No structure of a temporary
chazacter shall be erected, placed or allowed to remain on any Homesite, nor shall any building
materials be stored on any Homesite. No tent, camper, garage or other outbuilding shall be used
as a temporary or permanent residers""'ce ~ _~~
~~r.~ ' _
9. Fences, Walls, Tl~y~~ronqu,~ ,1• ~uipdr~nt~~n~i~Signs. No fence or wall shall be
erected or allowed to remain olfany Home's'i'4e~w~~tl~out,the prior written approval of the ACC.
No chain link fences shall be approved. No dog pen oi' kennel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behind the rear tine of the dwelling. No billboards, posters or signs of
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_ ~ 10 Book 1931Page: 669
;V, ,<, _
~,,, any kind shall be erected or allowed to remain on any FT~mesite, except (i) a name and address
sign, and (ii) a temporary sign reflecting construction of a dwelling on such Homesite by a
licensed contractor; the design of such permitted signs must be approved by the ACC.
10. Outside Aotennas,and Satellite Dishes, No outside radio or television antennas,
satellite dishes or similar devices sfia11 be e~Fted'br atlowe~ to remain on any Homesite, except
as permitted by the azchitectura~ -des~gt} I s~tandai'ds" and guidelines adopted by the ACC, as
amended from time to time. _
11. Fuel Tanks and Storage Receptacles; ~ No Clotheslines. The placement,
screening and maintenance of fuel storage tanks and receptacles for gazbage, trash or lawn debris
shall be approval by the ACC, which may require fuel storage tanks to be buried. No outdoor
clothes poles, clotheslines or similaz structures shall be placed or allowed to remain on any
Homesite. _-
~-
~ ~ ~ -'
12. Boats, Trailers a i~~~ertai~~~"eh-cl~,;; ~o,ybv~t, watercraft, trailer, bus, camper,
motor home, recreational vehicle; commer~i'ah~~l{~lp,~r inoperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on ui~~Homesite, except in a garage with the
garage door fully closed (a standazd size pickup truck maintained for personal use shall not be
considered a commercial vehicle for purposes of this restriction). Violators may have their boat,
watercraft, trailer or vehicle towed by the Association at the owner's expense. No boat,
watercraft, trailer, or vehicle of;apy type shall be stored, ~i er permanently or temporarily, on
any Homesite prior to completion aritl`occupan~~~~~fh~8yye~th'ng on such Homesite.
13. Animals; Nuisanepsl`:r~I~g~,~~cats arid~"u`flier=h'busehold pets shall be permitted,
provided that they aze not kept ~o~ maintaine~~~'or' C~om`~ete,~,pial purposes and fiuther provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Homesite for any purpose. No
noxious, offensive or illegal activities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that is'~~uisance or an ann~~cg,t~ the community.
j[ ~~/~~~
14. Maintenance o ~lia~i ~IandJ( ents. All Homesites shall be
maintained in a sightly condrnor~ 'free ~s~ rubbrs~; weeds and high grass, and all
improvements on the Homesites shall be maintaitied'~fn~al-lightly condition, all to a standazd that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. If the Owner of a Homesite fails to
comply with these requirements, the Association shall have the right to cause such maintenance
to be performed and to chazge the cost thereof as an Assessmept attributable to such Homesite as
provided in the Master Declazatral. n~ ~ ' ~_
52J , ~
15. Repair or Removalrti{ Im'p~ovemeat~~s~y_,,i~rrprovement damaged in whole or
J " Onn>,_
in part by fire, windstorm or any-o~her cause%'rntr.~~be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Suc~ restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
" I
Phase 2-A Supp. -~- -5, - =?`'~,~ -
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=ice _ -
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~~ ~ Inst~lk-,206?10 Book 1931Page: 669
_ _
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__
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~.`, any kind shall be erected or allowed to remain on `any`Hiimesite, except (i) a name and address
sign, and (ii) a temporary sign reflecting construction of a dwelling on such Homesite by a
licensed contractor; the design of such permitted signs must be approved by the ACC.
10. Outside Antennss,and Satellite Dishes. No qutside radio or television antennas,
satellite dishes or similaz devices sha9Lbe e~cted i~F a~we~-{o remain on any Homesite, except
as permitted by the azchitectura~ -d~sign~ ~ s~aridai'd~ and _guidelines adopted by the ACC, as
amended from time to time. _ = ~~~
11. Fuel Tanks and Storage Receptacles; No Clotheslines. The placement,
screening and maintenance of fuel storage tanks and receptacles for garbage, trash or lawn debris
shall be approval by the ACC, which may require fuel storage ta~rks to be buried. No outdoor
clothes poles, clotheslines or similaz structures shall be placed or allowed to remain on any
Homesite. -, ti ~ ~~
12. Boats, Trailers aud~Certaib ~l'ehtelgg,,.~;~at, watercraft, trailer, bus, camper,
motor home, recreational vehicle'cbmmerc-i~~l%~~th~lc,~or inoperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on"d ~=Homesite, except in a garage with the
gazage door fully closed (a standard size pickup truck maintained for personal use shall not be
considered a commercial vehicle for purposes of this restriction). Violators may have their boat,
watercraft, trailer or vehicle towed by the Association at the owner's expense. No boat,
watercraft, trailer, or vehicle of-_any type shall be stored,~it##er permanently or temporarily, on
any Homesite prior to completion arid-.occupanc~+ oEth~weiling on such Homesite.
J ~
13. Animals; Nmsangg~2~ I~g~'~~~ats add~~t'~?~h'busehold pets shall be permitted,
provided that they aze not kept or matntarne~'ciainr~~rz~,,pial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Homesite for any purpose. No
noxious, offensive or illegal activities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that is a~uluisance or an ann~an~,t8 the community.
14. Maintenance of ~Humeside,~ ~~ ~' hag gsv~t~ents. All Homesites shall be
maintained in a sightly condition; `free px~~~e,~i~s" iu~brs`h, weeds and high grass, and all
improvements on the Homesites shall be maintained~'n?a~sightly condition, all to a standard that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. If the Owner of a Homesite fails to
comply with these requirements, the Association shall have the right to cause such maintenance
to be performed and to chazge the cost thereof as an Assessme~cit attributable to such Homesite as
provided in the Master Declaration. ~ I I_
15. Repair or Remoy~ of Imptfovemeatg~,,~A~syprovement damaged in whole or
in part by fire, windstorm or any'o~her cause~~_ ~:p~omptly restored or all debris removed
and the Homesite restored to a sightly condition. Suc7i restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
= l
Phase 2-A Supp. - -~ . ~ =' ~ ~ -
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- ;i~st M 206710 Book 1931Page: 670
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.-. shall have the right to cause such restoration or removal`(o be performed and to charge the cost
thereof as an Assessment amibutable to such Homesite as provided in the Master Declaration.
16. Wells and Irrigation of Homesites. No well shall be drilled, installed or allowed
to remain on any Homesite for,-drinking water or_other h'pusehold or potable water supply
i ;-,
purposes. A well may be installed oii a_Hnme~~~ lpr~~mgati6n purposes only, provided that the
location and screening of any al~ovhei g~oti}~d c~qutpm~nt9r improvements must be approved by
the ACC. Further, irrigation s~s~ems `shall'bedesgned or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sideways; auibs, paving or similar improvements.
17. Lakes and Ponds. The use of any lake or pond, or any portion thereof, located
within the Property is subject to rules and regulations of the Association, which may include
prohibition of use. To the extent that all or any portion of a lake or pond is located within a
Homesite or abutting the propeityHline of a Ho7nesitn the~Owner of such Homesite shall be
responsible for maintaining the edge sand t~anl~-o~'isuclrYake or pond and for controlling erosion
due to storntwater runoff from wif~in°sii~ ~oinestte'~ca~.,< <c~
18. Wetlands. Certain Homesites may con~ii'wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Filling, grading, excavating and other land disturbing
activities are prohibited in such wetlands on any Homesite.
19. Easements. Declarant hereby reserves. for itself, its successors and assigns:
(i) easements for drainage and utilities on alj Fla ~it~~dion~g all property lines, measured ten
(10) feet into the Homesite from,fac~ ~R ~3~li~e; (u) other easements as shown on the Plat;
and (iii) easements described lut,t~te Master~~ cl~fatt~or~'.'''~uch easements shall be for the
installation and maintenance of drainage facili~~s~a~fd;~t~lities across, on and under the ground,
or for other purposes as specified on the Plat or in the Master Declazation, together with the right
of ingress and egress over and upon the subject property for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications, water supply, sewer, and irrigation. All such easements are nonexclusive
and shall be assignable, in whol~~Ur„in pazt, to the .~oeiati~n, to public utilities, and to other
providers of utility services. ~2~ ,~ '~
~' '~ ~ ,,^~ :s
20. Waiver of and Consent to=~itil~ti~ns, Where approval authority is specifically
granted to the ACC herein or in the Master Declaiat"iaii~he ACC may waive a violation of a
covenant, condition or restriction by appropriate instrument in writing. Otherwise, Declazant
may waive any violation of the covenants, conditions and restrictions set forth herein, or release
any of the easements reserved herein, by appropriate instrument in writing; provided that any
waiver of paragraph 7 shall requi;e approval by the Division of Water Quality of the Department
of Environment and Natural Resources, or other appropriate, ~~cial or authority of the State of
North Cazolina. -_ ;_ ~' i~ j ~ ~'-:~ ~~
21. Amendment. The civenants,"~'eoiidtt~ns.and restrictions (but not the easements)
set forth herein may be amended only by the affitmativewote or written agreement of Owners to
which at least sixty seven percent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; provided that any such amendment must be recorded in the land
Phaze 2-A SuPP~ - - .~} ~~ ~I
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' - ~ hnst~li 206710 Book 1931Page: 671
_ _
-"_,.,,
records for Brunswick County, North Carolina in order tote effective, and any amendment prior
r, to December 31, 2033 shall require the written consent of Declarant. Any amendment of
paragraph 7 shall require approval by the Division of Water Quality of the Department of
Environment and Natural Resources, or other appropriate official or authority of the State of
North Carolina. _ -~ ~
'7i
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22. Termination. The G,gvenat~s ~eorrditions~ttll_~estnictions set forth herein, as the
same may be amended in accordaiice'with~theypmyisions fiereof, shall run with the land that is
subject hereto and shall be binding on all owners nt 3u~fi land and all Persons claiming under
them. This Supplemental Declaration may be terminated only by the affirmative vote or written
agreement of Owners of property in the Development to which at least eighty percent (80%) of
the votes of all the Owners are allocated; provided that in order to be effective any such
termination must be recorded ir};ihe land records for Brunswick County, North Carolina, and any
termination prior to December 3 f' 2033 shall re~uir~tlt%,~tten consent of Declazant. Any
termination of paragraph 7 shall rec~izi~e ~~~1~6~=f~ie Division of Water Quality of the
Department of Environment and ftat~i~Ll2acr~yrrac .~,-~tt;,~r,~...,~,...,;~.o fF,.;,i ,. .,,.uho ... c
the State of North Carolina. `lie easement~~c~sed herein shall run with the land subject
thereto and shall be binding on all owners of such ~and'`~ttd all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Cazolina.
~,
23. Enforcement. ExceFst;to the,ex~nt~tl~at~aivaiver has been duly granted as
provided herein, Declazant, the ssc~c~i~i~~~; ~heie~'respective successors and assigns, and any
Owner of a Homesite shall hav~ ~~`rigl"iY ~,~enfo~rce;~y'~`'~7f3~eeding at law or in equity, all of
the covenants, conditions and restrictions set t~o7th~et~u,~~gainst any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Cazolina shall have the right to enforce paragraph 7 hereof.
„n ~ ~
24. Application of Restr~et~ns~ ~D~ rlaEaq~'~#~ights. The foregoing covenants,
conditions, restrictions and ea~~ e~nfs(~~1 apply ~'r~~~~~4e Property and not to any other
property now or hereafter ownetL~~`1~ecl~aFs~es~s such other property is subjected to such
covenants, conditions, restrictions and easements `lfuiEatiant to an instrument executed by
Declazant and recorded in the land records for Brunswick County. Without limiting the
foregoing, this Supplemental Declaration shall not apply to any property designated on the Plat
for future development. The rights of Declarant hereunder shall inure to the benefit of its
successors and assigns if so specif ed in an instrument executed by Declarant and recorded in the
land records for Brunswick County °provided, that-,this~c)uir~emment of designation in a recorded
instrument shall not apply to a mortgagee ~~ttiies~~itle by foreclosure or deed in lieu of
foreclosure to any property ownec~j~ Ih~clatant and~ubj~ct to, or subject to annexation by
Declarant under, the Master Declaration. '~^-_
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25. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
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~~ tirst~N 206710 Hook 1931Page: 67Z
~ IN WITNESS WHEREOF, Declazant has caused this instrument to be executed as of the
day and year first above written.
`~~~raUµSFT;s!i~ SeaWat hat Sunset Harbor, Inc.
-~ P^ w R~ 7 ~. ~- I ,, ,
,~ r~ 9~ ,r, i i
I~
=~ ~ ~ ~t~_, ~':~4i~
~,
% ~' ~ Mark~1. Sa ders ident
~~''Sit*i~t~~,~\
NORTH CAROLINA _
_ ~ '~
BRUNSWI K COUNTY ~ , ~ ~
~~ ~ -~~ ~ r ~ ~ i.~ ~
I, ~"- ;~N~tazy~}~blic of said County and State, certify
that MA A. SA DERS personally came before m~=this day and acknowledged that he is
President o eaW ch at Sunset Harbor, Inc., a corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hatld''~ , t egl, this the .da`p of _~~, Z00 ~ .
~~~~~~
(Notary Seal) ~ ~lOT ~; - ~ ' ~ t~. ~~~~
l
c : 9 C ''~' "~ 'Notary Public
My Commission Expirit~.Zo, ~ L LI ~ C _
•q pe~eN~~~~
~~~
h ~' Jj L(
~~~~_ ~ _ .,-~ 4w~
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;~ I- Ins~~~ ffs~~5310 Book 1931Page: 673
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Bank of America, N.A., as beneficiary under a Deeil~:i3f Trust encumbering the property
described in this Supplemental Declazation, said Deed of Trust being recorded in Book 1602,
Page 523, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
join in the execution hereof for the purpose of subordinating and subjecting said Deed of Trust to
this Supplemental Declaration. _
PFau~tc~Aisenca, N.A.
~ I ' ' U ~ ~s ,1n
~~ ~ -
~~ _ _
`f"''~ ~ Vice President
PRLAP~, Inc., Trustee
By. ~--~~~~r' ...
2 ~~ ~ ~ iJ ~ ~ v Ice President
NORTH CAROLINA - BRUNS~ ~OU~f,TY ' f~~- ~~''~
I, _, a Notary Pu~~ic of said County and State, certify
that personally came before me this day and
ackno ledged that a sl;e.is Vice President of BANK OF AMERICA, N.A., a
corporation, and that he/ske as Vice President, being authorized to do so,
r ,
executed the foregoing on behalf ~if~e corporation.
WITNESS my hand and o~eial~~~ ~~~~~ da~ of , 2004"
~„aun~,q,,~ i l i J ~~ ,v' ~~=
. ~,.. o~~ ~ ~~~~ -~ ~
~o : ~~ 0 TA R Y '`:'s_ ~ ^ , _ Q~ Notary Public
F' M}~emmi~stop Expires: ~
~`'`SPtd''p~'T$~AROLINA - BRUNSWICK`~O~ ~,~-'f~n~ J~ ~ '
I ' ~ ~ ~'ubhc oaf said County and State, certi
~ ;~~~~°~4' fY
that w ~./ person~t~}~~tiF~me before me this day and
ackno edged that h sh is Vice President of PRLAP, INC., Trustee, a
corporation, and that he/ske• as Vice President, being authorized to do so,
executed the foregoing on behalf of the corporation.
J
WITNESS my hand and o~iclal seal, this%d~ of! '_, , 20 04-
"~ ~~'i~~ ~~~ -
(Notary Seal) ; ~ ~ -

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
- J a~~ ~c.+t,l~
`~ = Notary Public
~-ii-o'~
The Foregoing (or annexed) Certificate(s) of
-9-
--
NANCY E FORRE~i~-i:DIANNE 0 BAXLEY
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Renistration on this 23rd Day of April 2009
in the Book and page shown on the First Page hereoF r ~
0.,~
RO E J. RO INSON, Register of Deeds

~ ~`
Ly- egister of Creeds
'" `Rak'Se~I, ~ Robinson
Inst #~6G709 &>ok 1931Page 656
~` 04/23/2004 03.3 ~
. 7. SOpn Reci t'Qi C~-Zi~
REV __.. '~' V.. ? D
` rCf~~ ~ I ,~ ~/i
ICI _ ,acu •.:~:~
-- -_'l:
Supplemental Declaration of
Protective Covenants and Ea~ements
~~rr~~~i,'~~~~
,~
SeaWst fj.a,t~S~tns~et arb~r~_P~ase2-B
i I leJ ~ pti,,
tics ~,-,;~`^~", ,
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on April ~, 2004, by
SeaWatch at Sunset Harbor, Inc., a North Cazolina corporation ("Declarant").
WITNFSSE' ~~' ,~
~ ~ ,~~15
WHEREAS, Declarant is th~~owne~~~f cerths~~I"sfS~ai~ty located in Brunswick Cotmty,
North Carolina, and more particix~azly descnb'~'~~d~SV
Being all of the property shown on that plat of SeaWatch at Sunset Harbor,
Phase 2-B, recorded in the Brunswick County Registry as follows (hereinafter
referred to as the "Plat") (the numbered lots shown on the Plat are hereinafter
referred to individually as%~ "Homesite" and co~il~cci~ feily as the "Homesites;" the
Homesites and Common Eleriie~nts s - wn ~ Tat dre hereinafter referred to
~; (~~
collectively as the "Properpv,")t ~ ~ I~
Plat I of 1J Map CabineC~~3~~'~;Page 92
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864, Page 714,
Brunswick County Registry (together with all amendments th~er~eto atnd supplemental declarations
recorded in accordance with the~?ovisions thereof ~~a'L''~ Declaration") (unless otherwise
defined herein, all terms defined in the° MaS>~~~~lar stn shall have the same meanings in this
Supplemental Declaration); - ~ I ~',~ ''iJ ~,, ~n,~ 3 ~;,
WHEREAS, the Master Declazation establislie'S=L~Ftain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
` duties of SeaWatch at Sunset Harbor Property Owners Association, Inc. (the "Association") and
Phase2-B supp. Prepared by: Schell ray Aycock Abel & Livingston P.L.L.C. (JAM)
-~7 ! = Without Title Examination
- rJi~~' - ~~ ( )
_ ~ = ~~

_ -~ `~"i
~ _,,_ --
IrLSt" ~ ~~~3t)9 Book 1931Page: 657
_ -;?~ :_
its Architectural Control Committee (the "ACC"),wand easements and other rights reserved by
Declarant;
WHEREAS, the Master Declaration provides that Declarant may annex additional land
into the Development, and Declarant wishes to antt~~tlre'~roperty into the Development by
recordation of this Supplemental Declaiatian~~ _-, r ~- "- -"
r i 'n L~ L
WHEREAS, Declarant also"desirPS!-', to-sub ect the Property to certain additional
covenants, conditions, restrictions and easements for- th'e; purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declazant hereby declares that the Property is annexed into the
Development and shall be held, sold and conveyed subject to the covenants, conditions,
restrictions and easements contained~in-the M~ter,Det~'La~ati~ , attd to the following additional
covenants, conditions, restrictions ~d~ ~etttty~ `ait'w~'which shall run with the land and be
binding upon all parties having;~a~~ ~igh~~or intet~s~.Property or any part thereof, their
l .,: ~
heirs, successors and assigns, anzl'shall inure to~ten~fit,of each owner thereof.
~,z~i~
1. Homesites and Common Elements; Restriction on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common Elements shown on the Plat aze hereby designated as Common
Elements, as defined in the MasfertD_ eclazation. There~l}all ~ no driveway connection from any
Homesite to Nautica Boulevazd. I'tar anyy~ l~~??~~~'e~si~g~ryith-`an adjoining reaz alley Common
Element, the ACC shall determi~ iwh~th~eq~t`hd~dtti~e`way connection will be to the front street or
the rear alle ~ ~~',~~-
Y• i" ..uv;,~,,~~~,a~.
- s v~ dj~
2. Land Use and Building Type. The Homesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwellinPP, a private garage for not more than
three (3) cazs, porches, decks, pctios a swimmi~rtg ~ocrl~~antl not more than one outbuilding (a
detached garage is considered to be art~'pur~i1`orfp'oses of this restriction). No dwelling
~-
shall be erected or allowed to ~e~arpn~I bn y ` ome,~~tg~tt}Ic, s~ the construction of such dwelling
is substantially performed on tie `~omes~t~L'c,modular home, mobile home, manufactured
home or geodesic dome shall be erected or allowedYcri'~main on any Homesite. No street shall
be laid out or opened across or through any Homesite. No Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliersato and from the HomesitQ; iRrovided, however, that a Homesite
may be used for a temporary safes„office d~o€~tr~odel;~with the prior written consent of
Declazant. , - ~~, ~ ,, ~ ~~ ~ ~~
3. Resubdivision and Coni6'id`lttiod;~ ~I11o Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
Phase2-B supp. _ JI',r ~~
r I /

- '' ~ -- ~i~_~
- ~
,_
_ Tris~`~=106709 Book 1931Page: 658
- _ --
~--
_J%
„~ shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
4. Architectural Control. In addition to the architectural control provisions
contained in the Master DeclazattotrTthe following Qrouasi6ris~shall apply to the Homesites:
(a) All proposed im rovettients~ ~and~ (attdsr~aping, including any alterations or
additions, on any Homesite must=~~reviewed~a-ac~approved by the ACC. By way of illustration
and not of limitation, improvements requiring approval- shall include any dwelling, outbuilding,
paving, fence, wall, exterior lighting, exterior painting or ornamental or functional exterior
features (including hags, planters, statues, lawn ornaments, bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four`O inches~tno~en^~dtameter at four (4) feet high from
ground elevation, or any flowenng tree or, ~:b~ ~alT'be cut without the prior written consent of
the ACC unless it is in the azea of,~~ Homes G_a robed=fi3?2~itstruction of a structure.
~~
>-_°~, ~ ,
(c) The review and approval process shall,~e conducted in accordance with the
Master Declazation and the architectural design standazds and guidelines adopted by the ACC, as
amended from time to time. Prior to commencement of clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any oth~ri'-information required~~y,~~ACC. The ACC shall review and
may approve, disapprove or require `ittodifica~tie~to, tai plate. The ACC shall also have the
~' ri t to re uire an a lication fe
gh q pp I e~nc~J a, co~jst c i n bond or deposit, as provided in the Master
Declazation. - ~ ~ '~"s`~~`' "~a¢
(d) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
completiott of the dwelling, weather permitting, and in no event later than sixty (60) days after
the date the dwelling is occupied Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absd~t~t~,,discretion, t 't~i~ ~lme for completion of construction
or landscaping. No dwelling shall b~ o~~ed~ rur~tt~tY~ias been substantially completed in
accordance with the approved pl ~!g'v~denced b~~~;i'~cate of completion issued by the
ACC; provided that in no event=sha"IIJa cei~t~fT~i'i:a~~t;com letion be construed as providing any
,s s~ ~~
assurance regarding the quality, fitness or suitability `d~ esign, materials or construction, or
compliance thereof with any applicable permits, building codes or other laws.
5. Minimum Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite unless the total floor area of the heated space withitt}} the roofline of the main structure,
excluding any basement, garage anc~'app-sto~~p~c~ehe ;~~,ai,~l~st 1,200 squaze feet.
~ ~ ~,
6. Building Locahon,~a'nd Setbacks ~T~Ii'e«~~C shall have the authority to
/1vi-~ ~
determine the specific location o~any dwellin~`br alfiex-structure on any Homesite; provided that
u- „
no dwelling, detached garage or other outbuilding shalt ~e erected or allowed to remain on any
Homesite nearer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
_ _n
~-
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_-

-, ,
__
-~ -,,
- '' ~ -
a
r t~#,206709 Book 1931Page: 659
-__a~_
r` 7. Stormwater Management; Impervious Surface Coverage. The covenants m
this paragraph are intended to ensure ongoing compliance with the State Stormwater
Management Permit for the Property issued by the Department of Environment and Natural
Resources, Division of Water Quality, under NCAC.?Fl 10,0, The State of North Carolina is
made a beneficiazy of these covenants to e=ex~ art n, ~ scary to maintain compliance with the
Stormwater Management Permit i ~ ~ Asa c~yena~iits ~~tammg to stormwater may not be altered
or rescinded without the express,~itten e9risent ~i;`the Mate of North Cazolina, Division of
Water Quality. Alteration of the drainage as shown'oii:#~e approved plans may not take place
without the concurrence of the Division of Water Quality. The m~utimum permitted built-upon
azea per Lot is 4,000 square feet. This allotted amount includes any built-upon azea constructed
within the Homesite boundaries, and that portion of the right-of--way between the front line of the
Homesite and the edge of the sirteet (back of the curb). B}}~~ilt upon area includes, but is not
limited to, structures, asphalt, concrete, gravel,_ bricl~i'stdtie~ slate, coquina, driveways, and
parking azeas, but does not include rat ~~d-,o~i~'~w~d:dt;cking, or the water surface of swimming
pools. Filling in, piping, or alt~rih~an}~,3 1_ vegetatcd~~veyances (ditches, swales, etc.)
associated with the development; except foi``'aver~eV-d ;veway crossings, is prohibited by any
persons. Filling in, piping or altering any designated ~~~urb outlet swale associated with the
development is prohibited by any persons. A 30' vegetated buffer must be maintained between
all built-upon area and the mean high water line of surface waters. All roof drains shall
terminate at least 30' from the mean high water mark. This project has a curb outlet system.
Each designated curb outlet s`wale shown on the ap~arov~d plan must be maintained at a
minimum of 100' long with 5:1 (H: V j<side slgpes~ gr~a~tdei?, lave a longitudinal slope no steeper
~' than 5%, carry the flow from ~ }~;y~aE'~st~rt{~in``d non-erosive manner, and maintain a dense
vegetated cover. Such swales axe,lo¢9t~ed~ir~r<t.~gr~th~'r~~r'ii~fi'~'n'n Elements or a drainage easement
as shown on the Plat. `~ ~~~ ~~
8. Outbuildings and Pools; No Temporary Structures. No detached gazage, shed,
workshop, pool house or other outbuilding shall be erected, placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more than
one outbuilding (a detached gaiage_is considered ,~~be;;a~i'~outbuilding for purposes of this
restriction). An outbuilding must be `5cchite~~~1[t}~~cdr4i~iafrb~e with the dwelling located on a
Homesite, as determined by the,~~!~~'16o~d sliall,~}i~,~cted, placed or allowed to remain
on any Homesite without the pYior`tvnritteri~~~S~~+~,~of the ACC. No structure of a temporazy
character shall be erected, placed or allowed to remalrtsaiLany Homesite, nor shall any building
materials be stored on any Homesite. No tent, camper, garage or other outbuilding shall be used
as a temporary or permanent residence.
9. Fences, Walls, Playground Equipment an Signs. No fence or wall shall be
erected or allowed to remain on azry_Homesite pv-jtl?awt'tIi^e'~or written approval of the ACC.
No chain link fences shall be ap~r9vle~~9 ~~gSperi'-tii kennel shall be erected or allowed to
remain on any Homesite. All p1alX~r~~' ,1~wpmerti~;,ot~~~l3omesite must be approved by the
ACC and must be located behind~he rear li~ie~'bP~~~sdw,ehing. No billboards, posters or signs of
-L =;,
any kind shall be erected or allowed to remain on any l~omesite, except (i) a name and address
sign, and (ii) a temporary sign reflecting construction of a dwelling on such Homesite by a
licensed contractor; the design of such permitted signs must be approved by the ACC.
,, n
-~ ~ -
Phase2•B supp. ~ ' i ~'.
_ _~=~
- _

J
=fri?t>i1,,206709 Book 1931Page: 660
r 10. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any Homesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time. ,, ~ ~
IG ~I i~~
11. Fuet Tanks and rrStorage ~Receptac~,gs,,~ Np ,; Clotheslines. The placement,
screening and maintenance of fuet.storage tank~and,,receptacTes for garbage, trash or fawn debris
shall be approval by the ACC, which may require fii'ei~ storage tanks to be buried. No outdoor
clothes poles, clotheslines or similar structures shall be placed or allowed to remain on any
Homesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehick~~ of itYo~erative or unlicensed vehicle shall
be parked for longer than twenty fo~t~24)flio~s~n~'tty Homesite, except in a garage with the
garage door fully closed (a stan~~d`~ii`b;'p~kup trucl.7~aited for personal use shall not be
considered a commercial vehicle-for purposes~~fi1i~~estraiction). Violators may have their boat,
watercraft, trailer or vehicle towed by the Association~at the owner's expense. No boat,
watercraft, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on
any Homesite prior to completion and occupancy of the dwelling on such Homesite.
13. Animals; Nuisauces._ Dogs, cats and olher~ ~usehold pets shall be permitted,
provided that they aze not kept or maitgtaingd~fq~ ~rpu~retal~-purposes and furtlter provided that
!^ they are kept and maintained m som~laari~e' svttlt5 all applicable laws and ordinances and any
rules or regulations adopted by tli~!~sso~a>,intt;,rJ~l~,~~ing~'t~lei~e~~a Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to retr~iitn2~n any Homesite for any purpose. No
noxious, offensive or illegal activities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that is a nuisance or an annoyance to the community.
14. Maintenance of .Homesites and Improvements. All Homesites shall be
~~
maintained in a sightly conditioSt~~'ree of debr~'s,~i~vl~weeds and high grass, and all
improvements on the Homesites shall be to ' td~sg&d~+n~~sig`tttly condition, all to a standard that
is harmonious with other prope~r~i~'i~h~~eielopt~,~,~~~etermined by the ACC and the
Association in accordance with=they Mastef-'~3~la~t~Qn. If the Owner of a Homesite fails to
comply with these requirements, the Association sha1P`}ia~e the right to cause such maintenance
to be performed and to charge the cost thereof as an Assessment attributable to such Homesite as
provided in the Master Declaration.
15. Repair or Remova_I of Improvements. Any k provement damaged in whole or
in part by fire, windstorm or any ot)te~, cause m st bd ~jr~~nR'tl-y restored or all debris removed
G~ (~_ ~~
and the Homesite restored to a si h~1}i c~Ft1 tfr~Jn: -~ue~t restoration or removal of debris shall be
completed within three (3) mon[h~lf~b~i-t~te~~Ie of tlic~b5~i~ri~ unless the ACC grants a written
extension. If the Owner of a Homesite fails''t<o<corfiply,lw/~ith this requirement, the Association
shall have the right to cause such restoration or removal f~ be performed and to chazge the cost
thereof as an Assessment attributable to such Homesite as provided in the Master Declazation.
,-- .
- ,. ~
Phase2-B supp. ~: -,.. 15 .-. _"~~ =._. I-%
~%i _
_ __ _
i

~-
~~' I I =Ffl.~~ I{'--206709 Hook 1931Page: 661
16. Wells and Irrigation of Homesites. No well shall be drilled, installed or allowed
~-. to remain on any Homesite for drinking water or other household or potable water supply
purposes. A well may be installed on a Homesite for irrigation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation systems shall be design~ed~or i gation water shall be filtered as
necessary to avoid staining or discoloring ofsidewalks,; curbs~aving or similar improvements.
__ ~~,~~
17. Lakes and Ponder IT'he useaf<anys l~lce or pond, or any portion thereof, located
within the Property is subject to rules and regulatiarfs'af^,the Association, which may include
prohibition of use. To the extent that all or any portion of a lake or pond is located within a
Homesite or abutting the property line of a Homesite, the Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such Homesite. _
18. Wetlands. Certain Ho,mesit~s,-~ay~tmtr wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdicrib~n;' ~'~s11~g; gradittg~~cs~ating and other land disturbing
activities aze prohibited in such w+tlands on~i°~~~s#e.
_; i_
19. Easements. Declarant hereby reserves for itself, i[s successors and assigns:
(i) easements for drainage and utilities on all Homesites along all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) other easements as shown on the Plat;
and (iii) easements described 'iri_,the Master Declazatiorr., Such easements shall be for the
-,~~.~
installation and maintenance of drainage fact~t~es ;and, ~itt~litids-across, on and under the ground,
or for other purposes as specified fM;~'~ P18t~~~r~4lie`Master Declaration, together with the right
n~~n ~~
of ingress and egress over anc~,~u~~iii~tlre ~tlj<ijeq ~rdpo~y td~ such purposes. Uses of utility
easements may include, but shall not L~ ~ktAiled to, electric, cable television,
telecommunications, water supply, sewer, and irrigation. All such easements are nonexclusive
and shall be assignable, in whole or in part, to the Association, to public utilities, and to other
providers of utility services.
s, ~Ti!lie~approval authority is specifically
20. Waiver of and Cdi~sent to Violation ~ ~
granted to the ACC herein or in the~'1~Iast~r=l~~~tati~t~t t~tto ACC may waive a violation of a
~,~~
covenant, condition or restrictigr~!b~y,~r~~ppt`a mate t'~~~~~at~' writing. Otherwise, Declarant
may waive any violation of the ~'sY~Lenants, ~'cd'iiditi~s_and restrictions set forth herein, or release
,~~
any of the easements reserved herein, by appropriat~~f~-' ment in writing; provided that any
waiver of pazagraph 7 shall require approval by the Division of Water Quality of the Department
of Environment and Natural Resources, or other appropriate official or authority of the State of
North Carolina.
21. Amendment. The covenants, c~~dition"s~arid ~trictions (but not the easements)
set forth herein may be amended onty~ti~tl~~+ati~e vote or written agreement of Owners to
which at least sixty seven perc$pit'~(b74fo)~ `pf4the v~t~s~u»~t~11,~the Owners of Homesites in the
Development aze allocated; prodded that-an}~='such;Varnendment must be recorded in the land
records for Brunswick County, North Cazolina in order`fo`t7e effective, and any amendment prior
to December 31, 2033 shall require the written consent of Declazant. Any amendment of
~' pazagraph 7 shall require approval by the Division of Water Quality of the Department of
Phase2-B supp. - ~ r6 I ~~ - ' "
!~~

1
' C ;.
i_~~l ~In~tyR 2DF709 Book 1931Page: 662
__
_ __
_ _
==c~~-
Environment and Natural Resources, or other appropriate official or authority of the State of
~~ North Cazolina.
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accordance with the provisions-hereof, shall run with the land that is
subject hereto and shall be binding'hn~allr~er'Is.o~~cl~l~and and all Persons claiming under
them. This Supplemental Dec~ar tion ima~be~errhmated only by the affirmative vote or written
agreement of Owners of properf~ifi ~th~D~yelopmet~t~o W~ii'i;h at least eighty percent (80%} of
the votes of all the Owners are allocated; pr`ovtded'~ihat in order to be effective any such
termination must be recorded in the land records for Brunswick County, North Carolina, and any
termination prior to December 31, 2033 shall require the written consent of Declazant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and .Natural Resources, or other appropriate official or authority of
the State of North Cazolina. Whey-easements reser-ucd~ fier'eitl shall run with the land subject
thereto and shall be binding on all `owite~ ~rs~l -1 'aa~d and all Persons claiming under them,
p r~¢ipofi Peso s av~.g~,~i~t~s, ~o an easement have released such
exce t to the extent that the Pe ~' ~ ~ tf
rights pursuant to an instrumh~iY cecorde~'~i'if~~t~~ lid records for Brunswick County, North
Cazolina.
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declazant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have she right to enforce, ~ ~ ~l~''oceeding at law or in equity, all of
the covenants, conditions and restretlQns set fo~' hem ~n/,dg~inst any person or persons violating
'- or attempting to violate the same~ei~lier,t~ ~ 1t`airifih~violation or to recover damages. Failure
b an such entit or erson to ~ ~ ~rs!e~n~ the ~"v~3nt's~aconditions or restrictions set forth
herein shall in no event be dee1ed as waiver o~=t~te~~h~,to do so thereafter. The State of North
Carolina shall have the right to enforce pazagraph 7 hereof.
24. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Froperty and not to any other
property now or hereafter owt~'d?~y Declarant, unl~ spplflother property is subjected to such
covenants, conditions, restrictions °~iind its , ~ti~suant to an instrument executed by
Declarant and recorded in theme (;rec rd farvl}_ wick County. Without limiting the
~~,u ~; -F~t~~tas
foregoing, this Supplemental D~e~lazation~fill~~,~s~~aRp~y to any property designated on the Plat
for future development. The rights of Declazaiip`~her~e rider shall inure to the benefit of its
successors and assigns if so specified in an instrument executed b}~ Declazant and recorded in the
land records for Brunswick County; provided, that this requirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu of
foreclosure to any property owned by Declarant and nows ~bject to, or subject to annexation by
Declarant under, the Master DecIaraYion. ~, ~ ,
25. Severability. InSal}daub-of~-any prc~~ltsa~n,;~ereof shall in no way affect any of
the other provisions hereof, wtueli"shall reijiat>ir~Tull,~orce and effect.
~~
Phaze2-B supp. - ~ ~ ' ~ I, -
~C~ I i
~ ~ - ti-
=~-

,,
_ _.~
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-InsE.~# 206709 Book 1931Page: 663
r
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the
day and year first above written.
\``~~,tV~N,a~~`i.
`~. e4 ~ bq~ry'~ SeaWatch-abSunset Harbor, I
~~
s ,may ~~~~ ~: a~~y - -
;~•:~'CAAO~~~ ~~ -V~tilaEv~A. Sa ders, Presi t
NORTH CAROLINA
BRUNSWI COUNTY _ ~~~ S ~ I
~~;- -
1, ~ ~~~~ ~~ .~ blic of said County and State, certify
~~ ~~
that M . SA DERS personally came before me-this day and acknowledged that he is
President of SeaW hat Sunset Harbor, Inc., a corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the.corporation. ,
WITNESS my hand and official seal, this the !~ day of ~/~~ 200 ~~.
'~ ~ (Notary Seal) ~ _ , i ~~
My Commission Expires:
~~ ~~
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~ _ Ins-" #' LiI5ti109 Book 1931Page: 669
--
Bahl: of America, N.A., as beneficiary under a Deed' of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1602,
Page 523, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
join in the execution hereof for the purpose of subordinating and sltbjecting said Deed of Trust to
this Supplemental Declaration.'°''- - _ ,~ ~ " ~L_
2j -11 (, ~ i :;
~ Banif of.~lmer~ca, N .A.
nz~~ s~ ~-~- ~ i
-~ _ BY. _-r~'~~
Vtce President
m
9 ~,
,, c~riy,, ommiss~og
PRLAP, Inc., Trustee
By ~-~~~
r? ~1 ' ~~ Vice President
NORTH CAROLINA - BRUN~~VICK C~LYN~L~ ~~_ , , ,
~ , a Notary Public of said County and State, certify
that u.c.J personalty came before me this day and
ackno edged that /9hais Vice President of BANK OF AMERICA, N.A., a
corporation, and that he/sHe as Vii gre~Cident:, being authorized to do so,
executed the foregoing on behalf of tl~co '' ~ ~ : ~%
~] ~~ii I_,,~',~ /
~~ ,~, ~~ my hand and oYfi~iahsea~t~~' `~dd$~~ U~, 20o Q-.
:•B L\ ~ ' `•= G'~~•!, Public
.... .___. ~- / (- 0 S

,~
NORTH CAROLINA - BRUNS~~I,~~C ~(71~N-TI'' ,, ~,,~,~, ,~ __~~
'~ ~ -
a NotayfPliblic of said County and State, certify
that ~ personally came before me this day and
ackno )edged that e/ is Vice President of PRLAP, INC., Trustee, a
corporation, and that he/ehe as Vice President, being authorized to do so,
executed the foregoing on behalf pf the corporation.
-'~
WITNESS my hand and official ~,al~a~ ~~ ~d"ay of , 20~
f~~:' a: ~ '• ~ ; !~ )Votary Public
/'~ 16I~~ohm~sstglr I~z~,ite3: 05 - //- 0 ~
.. p'. •'~~ r~"~ ~ ,'
STATE OF NORTH CAROLINA f ~ ~ ~ ~- ~ ~ ~ - _
COUNTY OF BRCNSWICK
NANCY E 'EGFa$,j'1;, CIANNE 0 BAXLEY
The Foregoing (or annexed) Certificate(s) of
- ~,
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration o~sthis 23rd Day of April 2004
in the Book and page shown on the First Page hereof i ~ ~ ' ~ ~'
roo~~
RO E Y',J. RO INSON, Register of Deeds~-

. ~,
Brurusvrick County--Register of Deeds
Robert J. Robinson
Inst .1E2~9616 Hook 2011Page ~2
0~3,~i1r7~2 09 12:20:11pn RecAp~D°~/
' if~~ ~ -
~ 111 ~I~~` ~~~1 ~r
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~;I; RET ~
TOTAL ~ REV TC#
REC# CK AMT _C
CASH REF BY
Sujljitemental Declarat tf~~f.,
Protective `ov~~i~~ts~ ~iid ~a'sements
~~~„~,~.
SeaWafch at Sutisel'C~arlinrj~Phase 3A
Lots 424-508
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL '~JECLARATION is tn,Ia'{{ie;b~f 1Septembet ~~, 2004, by
SeaWafch at Sunset Harbor, Inc , a ~oYth C~arpaih~pbrgk~rat`totrj~`Declarant").
r ~,II1
~~F~~~ ~
,<i,~„'i 1,C
WHF,REAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of SeaWatch at Sunset
Harbor, Phase 3A, consl~tsia~p, of three sheets re otcj~~~ n Map Cabinet ~,
Pages t~.3 - 45 __, Brun Eck Cgq_Flty'~(j~~e,,~~~ry ereinafter referred to
collectively as the "Plat")~j~je~ 'e~b~rt Ic~t§`sliown on the Plat are hereinafer
referred to individually a~~~l`(~~I~~esiE~+j~~~d cell f0' ~~~t`~~as the "1lomesites;" the
llomesites and Common Elements showr~'~6rf~~th~TSP~at are hereinafter referred to
collectively as the "Property").
WfIEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864, Page 714,
Brunswick County Registry (togither with all amendments (I~erptp and supplemental declarations
recorded in accordance with the provisions they oft, fig ~~as~e~i-Declaration") (unless otherwise
defined herein, all terms defined i~ the~l~'~as(~~'I iec~~rahon shall have the same meanings in this
~ ~,
Supplemental Declaration); ~,~i ~ i ~ - ; ,- _ ~D~~-~~~'t~~'y~~~~
-~wr~
WHEREAS, the Master Declaration establishes certain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
duties of SeaWatch at Sunset harbor Property Owners Association, Inc. (the "Association") and
wsecE.imp Prepared by: Schell Bta~ Ayck~ck Abel & Livingston P.L.L.C. (JAM)
~~ ]~l~ ~~ (Without Title Examination)
-,a_

ir~c s t[Yblb Book 2011Page: 923
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant;
' I~ i l_
WHEREAS, the Master Declaratron r ;rd~~ilhat-Declarant may annex additional land
into the Development, and Decla ~~ri~•n~'J~r~sl~e~l tb' anne~c~ t~grQrpperty into the Development by
recordation of this Supplemental i~eclarationr and ~~
WIIGREAS, Declarant also desires to subject the Property to certain additional
covenants, conditions, restrictions and easements for the pw•pose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, 1'HEREFORF„ DecLarau( hereby declares~~h~it~d!>Ie,Property is annexed into the
Development and shall be held sold` an rq ~'v~~e~l!~wb~ect to the covenants, conditions,
restrictions and easements conta~n~a~~u~~lhe~~ter Deyj~~gng~~nd to the following additional
covenants, conditions, restrictio =end easer~itl}5;;-;al~~c~.f, which shall run with the land and be
binding upon all parties having any right, title or interes~Y'il~~l"ie Property or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. Homesites and Common Elements; Restriction on Driveway Connections.
Each of the }lomesites is hereby ~3esignated as a Homesite, as defined in the Master lleclaration.
The streets and other Common CI`~nien_ts shown on jhe-~ /~a~r~~ereby designated as Common
Glemenis, as defined in the Master DecTaY~ti~rF~ ILIi~ rld,Ehu:~~e no driveway connection from any
of Homesites 424, 453-469, 491,~~~~~ ~~0(_~i'rW~~ t~ Ni~~~tj,~~~3~o~~levard. Driveway connections
for F}omesites 424 and 458-469_s 17 be ~lohj?~~Bph~ol Circle. Driveway connections for
llomesiles 453-457 shall be along Verona Point. Dri'vCivayi/bonnections for Flomesites 491 and
500 shall be along Artisan Way. Driveway connections for Homesites 501 and 508 shall be
along Vela Path. The driveway connection for I}omesite 500 shall be located within twenty six
(26) feet of the common corner with Homesite 499 and the driveway shall be no greater than
twelve (12) feet in width. The elriveway connection for }Fomesite 501 shall be located within
`'~ _
twenty (20) feet of the common co't~irec with Homesite,.SQ ah~l ~~tg driveway shall be no greater
than twelve (12) feet in width. HomesiC~s 4 7~'n~~~~,''g s~ll"Have a shared driveway and utility
easement as shown on the Plat ar~c~ ~~~oE~ s~i~c~cally~~,5,~'k4~,dn paragraph 19 below.
'-, ~~_ 2
2. band Use and Building Type. "rfie"F}ors~e~ifes shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
Three (3) cars, porches, decks, p~itios, a swimming pool and not more than one outbuilding (a
detached garage is considered to b~ 5n_putbuilding for pyr ms~eg~~pfthis restriction). No dwelling
shall be erected or allowed to remain ~ori='Ttty{~i,~j ia~e`~~4~C.u~~~~'f~ie construction of such dwelling
is substantially performed on tl e. F'~~~~j'~!~(rilb nro~iuf,ac~ ofpF, mobile home, manufactured
home or geodesic dome shall be _ e` or a0~Wgd„tq~remam on any Homesite. No street shall
be laid out or opened across or through any Homes`t~~'.`-='~lu:%Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Flornesite
wsHCE.~inp - ~-i- ~ ~ I i ~. ~, ~ ~_

Inst # 229616 Book 20llJ?age: 929
may be used for a temporary sales office and/or model with the prior written consent of
Declarant.
~~_
3. Resuhdivisimr and Combr sr~iuu ~ ~ I ~ Nl ilomesite or Homesites shall be
resubdivided, combined or any ~~n~idnr~~(ir}~s changgd-~}kt~hout the written approval of
Declarant. In the event that anyisubh~ change IS;%approved, the resulting Ilomesite or Homesites
<t~,-~;
shall be shown on a recrnded plat and the covenants, caiid~tons, restrictions and easements set
forth herein shall apply to each resulting Homesite.
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration the following provisions shall apply to the lomesites:
'~ ~ ~.~
(a) All proposed improve~i5~rnislI~~id p~h~s~~~mg, including any alterations or
additions, on any Homesite must(b r ~idlv~dlar~~l appr~~~q,~~y,f~i~e ACC. 13y way of illustration
c~~l~` i :: ~.~
and not of limitation, improvem t Gs tequvutg~~a~Gle~~g~,shall include any dwelling, outbuilding,
paving, fence, wall, exterior lighting, exterior painfirig~~~~ornamental or functional exterior
features (including flags, planters, statues, lawn ornaments, bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree fohr, (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flower mg tree_or shrub, shat be, yy~Uti}vi{t~dut the prior written consent of
the ACC unless it is in the area of a(Horiutstt~af3 rtr~~~ foF~onstruction of a structure.
~.~~ ~ ( ~ I ~_~ ~ li7/~ki~~/ eft 1(:°I(.
(c) The review and app~wal pr~8~,~i~~s~lh~ill _be conducted in accordance with the
Master Declaration and the architectural design stan arcs 5"riEkguidelines adopted by the ACC, as
amended from time to time. Prior to commencement of clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or regfii~e modifications to the plans. The ACC shall also have the
right to require an application fee arntl.:a construction,borf bf~~l~~gsit, as provided in the Master
Declaration. ~`~~l'~~~t ~~~/ ~~
~:, ~~ (1 ) l o r~m_~ r t L~~ r~~i
(d) Once construction~~~a dwellifi~''$a~;#~Yelncommeneed, it must be completed and
ready for occupancy within twelve (12) months. r t~d('=1't(indscaping shall be finished upon
cornpletion of the dwelling, weather permitting, and in no event later than sixty (60) days aRer
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling shall he occupied until it has been substantially completed in
accordance with the approved plarts'Its, evidenced b~ a-,e~ rnfi~~te of completion issued by the
ACC; provided that in no event shall a`dertifl~~(f~,~,'Idourl{~e'tion be construed as providing any
assurance regarding the quality,~~f~~~~~(b~'~~~iit obi r`tyN~oE,>~n`l~~la materials or construction, or
compliance thereof with any app4ie l perm~gs~j?aildin~codes or other laws.
- ;il,
5. Minimum Dwelling Size- No dwelling shall be erected or allowed to remain on a
Homesite unless the total floor area of the heated space within the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least 1,800 square feet.
wsFCEtmp -7~ ~~Ir it
,~ ~ ,, ~~'1r -
i

Inst M 224616 Book 2D11Page: 925
G. Building Locatimr and Setbacks. fhe ACC shall have the authority to
determine the specific location ol~<iny dwelling or other sljnctur~~on any Homesite; provided that
~~ ~,
no dwelling, detached garage or other oirtbuild~p~~l~all b~,erezr~zd or allowed to remain on any
Homesite nearer to any property line tl~ t~(ffi~ii~t5nttutn setback lines shown or described on the
Plat, unless such a setback is waive ~r +titrdified~irt wr rim~~by the ACC.
` ' .I;_
7. Stormwater Management; Impervious Surface Coverage. fhe covenants in
this paragraph are intended to ensure ongoing compliance with the State Stormwater
Management Permit for the Property issued by the Department of Environment and Natural
Resources, Division of Water Quality, under NCAC 2FL1000. The State of North Carolina is
made a beneficiary of these covet~'ants to the extent nec~ssa~~ 44~ maintain compliance with the
Stormwater Management Permit These;~cov n gtfi~~ett~t~itigtb~'stormwater may not be altered
or rescinded without the expres~ tiY~~tTep, ~9~s~rjt of the S~~t ~~~f North Carolina, Division of
Water Quality. Alteration of thelr~r`auttige a~~~~owg,_on ~~1ic approved plans may not take place
without the concurrence of the Division of Water"(2iia~[~~_~The maximum permitted built-upon
area der Lot is 4 500 square feet. This allotted amount includes any built-upon area constructed
within the Flomesite boundaries, and that portion of the right-of--way between the front line of the
Flomesite and the edge of the street (back of the curb). Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include'rarsed, open wood dec~Cjn~t~ i~ the water surface of swimming
pools. Pilling in, piping, or alteggnng~<any`?1r~~1 ;v~~'~t~tg~ll,~t~~~yances (ditches, swales, etc.)
aersonstedl•wi'ni tlin, di inopor arl~er~'~i'~~~~ I d~s~dir t d ~~ cu~iY2outletrswalesassociafeddwih the
P g P P g Y °g' ~G~/~`? ,
development is prohibited by any persons. A 30' veg'€'Eaf~~,~buffer must be maintained between
all built-upon area and the mean high water line of surface waters. All roof drains shall
terminate at least 30' from the mean high water mark. This project has a curb outlet systern.
Each designated curb outlet Swale shown on the approved plan must be maintained at a
minimum of 100' long with 5:1 (H:V) side slopes or (latter, have a longitudinal slope no steeper
than 5%, carry the Clow from a t~1T vear storm in a no~~e~o~ivf1 manner, and maintain a dense
vegetated cover. Such swales are loca[ei~?m eitk~ Et~~~~dr~~on~ lements or a drainage easement
r,~
as shown on the Plat. _ ~ . (1 ~ i ~ ~ ~ f 1
nrr 1_w~rXi.: 4;~ii.
~~ ~ ' ~ti~«, s~ -~
8. Outbuildings and Pools; No Tem~ifii`~n~~S~~~etures. No detached garage, shed,
workshop, pool house or other outbuilding shall be erected, placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more than
one outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Flomesite, as determined by the AGC No pool shall be cogS~ru~ed, placed or allowed to remain
on any I lomesite without the prror wfit~en app ~o~b I ~f ~~M~//' ~ No structure of a temporary
character shall be erected, placed or al,o~wed{6~r~~~ryrror5-any Ilomesite, nor shall any building
materials be stored on any Ilome~s,r~~ ~No tent..Gamper;~~h`i3g~(SProlher outbuilding shall be used
as a temporary or permanent residence.
9. Fences, Wnlls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the ACC.
wsECRimp _ ~ ~ ~ _ ~ ~ , ~ ~ ~...
I. C ~~
~_- ,:

Inst # 229616 Book 2011Page: 926
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain at any Fomesite. All pl tvground equipment on any H nesite must be approved by the
ACC and must be located behind the rear line of the_tlwe[~'hg, ~o billboards, posters or signs of
any kind shall be erected or allowed to"rem fn' ~ ~i{y~ Il~,yiesite, except (i) a name and address
sign, and (ii) a temporary sign ~~I`~c~~~~c~n~i~iction,;,nf~r~ri~l~Y~elling on such lomesite by a
licensed contractor; the design of-suer permifle~"'s{~sntust be approved by the ACC.
I%,
10. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any Homesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended Gom time to time.
(1. Fuel 'T'anks and Storage. e j~t~~les;-f{Io Clotheslines. 'The placement,
~'~-~~r
screening and maintenance of fuel ~tot~~g~lian(CS and re¢eptrg~{es for garbage, trash or lawn debris
shall be approval by the ACC, ~`nch may r~~~~rd%,fnel,;stgrage tanks to be buried. No outdoor
clothes poles, clotheslines or similar structures shal~~~b~`'°p~l'aced or allowed to remain on any
Homesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraR, trailer, bus, campci,
motor home, recreational vehicle commeroial vehicle, or inope 5~live or unlicensed vehicle shall
be parked for longer than twenty fouh;(24) hours qn anv' me~dite, except in a garage with the
~~ ~
garage door fully closed (a standard sie prcl~q ~tr~r~~C~ rn:Sih'tained for personal use shall not be
considered a commercial vehicle~f~+q,~~~f}b~e~~o~~this rg~(ry~{f~~t)~~Violators may have their boat,
watercraft, trailer or vehicle to~e~ liy the ~A!gs'q~,j~~ialt at the owner's expense. No boat,
watercraft, trailer, or vehicle of any type shall he store~t;{e`l~tlier permanently or temporarily, on
any Homesite prior to completion and occupancy of the dwelling rnr such [lomesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in `cbin~liance with alLapplIPi//ea~i~~_,laws and ordinances and any
rules or regulations adopted by the Assocc+ati\~ r~~t;Tal~~~~th~t~tu. otherwise, no animals, livestock
or fowl of any kind shall be kept~~( ~tyktl_~o ~emai~Mn{,~~~yr~omesite for any purpose. No
noxious, offensive or illegal activtties~~tall t~C~n~i,~{pd upon any Homesite nor shall anything
be done on any Homesite that is a nuisance or an anno~yanee,'lt~ the community.
14. Maintenance of lomesites and Lnprovements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other property rn_ihe Development~~~p~l~~errnined by the ACC and the
Association in accordance with the N[aster e~ta~r`~~(dn ~51~€'the Owner of a Homesite fails to
comply with these requirements Itl ~~A~c~cr~~iorh~slia~l~~~r~~e=~~tw~r~~~ght to cause such maintenance
to be performed and to charge the~~os~l~hereo~~a;~~gr?~,lssessmenl atlnbutable to such Homesite as
provided in the Master Declaration. "'-~~:~;~
15. Repair or Removal of lmprovements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
-r
wsECCimn = -.4c; ~ ~ I i.~ ~,
~'
I ~,if ~I
Ii~~ ~ -..

_..~~ n «~~~o nuurc ~utJyage: 927
and the Flomesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) mont~rs from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to eomplti,'Ic~i)ii,t~is requirement, the Association
shall have the right to cause such restoraho~ c;rfidrlti~da6 to-be performed and to charge the cost
thereof as an Assessment attribut~a~f~' }o~StrcN~lilc~r~ie`sitenasp~w~c1~ in the Master Declaration.
1(. Wells and Irrigation of Homesites. Nli'-u~el}'_shall be drilled, installed or allowed
to remain on any Homesite for drinking water or other household or potable water supply
purposes. A well may he installed on a Homesite for irrigation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation systems shall be designed or ~rri anon water shall be filtered as
necessary to avoid staining or disck'i#oring of sidewalks, ctllrb7 p~~/ing or similar improvements.
~~~ ~~I
]7. Lakes and Ponds. ~F~e[~~tis~ ~(~ ar~y~ak~~~r~n~,.or any portion thereof, located
within the Properly is subject tc~~rr`I~s'and fEgctl~}tons o1 the ssociation, which may include
prohibition of use. 'fu the extent that all or any pb~Eibrt?oJf',a lake or pond is located within a
1{omesite or abutting the property line of a Ilomesite, the Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such 1 fomesite.
18. Wetlands. Certaii'''~1'lomesites may conta~lr~wetl }rds subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Fd~i ~,, ~r~i}igfl ~Bx~~av~afi~ng and other land disturbing
activities are prohibited in such we I~gdi(oi}~i~~l~iomesrte_~rrr~yrtais
I ~~
19. Easements; Shared Driveway for HorSS'~s~+?5;427 and 428.
(a) Declarant hereby reserves for itself, its successors and assigns: (i) easements for
drainage and utilities on all Flomesites along all property lines, measured ten (10) feet into the
Ilomesite from each property line; (ii) other easements as shown on the Plat; and {iii) easements
described in the Master DeclailaFigi,t. Such easernelat s! ~~I be for the installation and
maintenance of drainage facilities and`ntilit~es(ai? ~id9,.:q~~~~~ under the ground, or for other
purposes as specified on the Platte ~j~~M~@l~ l~e~ch~t~~ i~ ether with the right of ingress
t{~ ti,~~~Q~~.~ r
and egress over and apon the su ..'e t ropertj~lfp~~~ur~s~i_purposes. Uses of utility easements may
include, but shall not be limited to, electric, cable ~'le'vFsi~ik~~telecommunications, water supply,
sewer, and irrigation. All such casements are nonexclusive and shall be assignable, in whole or
in part, to the Association, to public utilities, and to other providers of utility services.
(b) Declarant also reserves, for the mutual benefit of Homesites 427 and 428, a
shared driveway and utility easettl~rlt,,as shown nn the ~lia ~Sta ~i easement shall be appurtenant
to and shall run with the title to such='Mom st!~9?` qel ~I~~II ~ ~or a shared drivewa ~ and for
utilities serving either or both such Ilorli'~site~{'ll~ec~iant will construct the shared driveway and
I l nn ~, G~G~ ~ r a
thereafter the owners of the two ~,I~l~ r/esrt~"s shgl,~i,~e~,resaoiisi~`t'~~or maintaining such driveway.
The cost of maintaining the shared driveway shall`ki'e'slSa~~d~equally between the owners of the
two Homesites, provided that if any repairs are necessary as a result of damage caused by the
owner of either Homesite, or by any agent, contractor, family member, guest or tenant of such
owner, then such owner shall be responsible for the entire cost of such repairs. For purposes of
- I ~,.,
~~ ~ ~'~~ ~l ~~

___ _-._~..aya.. JLV
the preceding sentence, regular vehicular use shall not, in itself, constitute damage. Except for
the shared driveway, the owner of each Ilomesite shall be responsible for maintaining such
owner's Homesite.
~i ,~ ~~
~'I~_~~~1~ i~~r
20. Waiver of and Cyr~sen~" ~t¢~Vi~Ol$fion~s Where approval authority is specifically
granted to the ACC herein or iq tb~e~Master Dye~~ratru4l,''f~r~`~i°C may waive a violation of a
~~ ~~_:
covenant, condition or restriction by appropriate `tnstttinet~t m writing. Otherwise, Declarant
may waive any violation of the covenants, conditions and restrictions set forth herein, or release
any of the easements reserved herein, by appropriate instrument in writing; provided that any
waiver of paragraph 7 shall require approval by the Division of Water Quality of the Department
of Environment and Natural Resqurces, or other appropriate official or authority of the State of
North Carolina. ''
G J i~i r ~~;,
5 ~/
21. Amendment. The w~r~~pi~~~ jcq'rfdr~mns and restrictions (brit not the easements)
set forth herein may he amended~~yhy~by the,a~,~~•~paUv v o ritten agreement of Owners to
n~^'' ~~~'~~'~~
which at least sixty seven percent (C7%) of the "vdtE'S'-iif-ill the Owners of Homesites in the
Development are allocated; provided that any such amendment must he recorded in the land
records for Brunswick County, North Carolina in order to be effective, and any amendment prior
to December 31, 2033 shall require the written consent of Declarant. Any amendment of
paragraph 7 shall require approval by the Division of Water Quality of the Department of
Environment and Natural Resourbes or other appropriat c~ffi(~ial or authorit of the State of
North Carolina. ~ _'~ ~I t ,~ ~
' I ,
22. Terminatimr. Tlj~ ~~~we~iafitg~~~~xl~tion's""a~d~~re's~i~ictions set forth herein, as the
same may be amended in accordance with the provS'stiS+~s?I~ereof, shall run with the land that is
subject hereto and shall be binding on all owners of such land and all Persons claiming under
them. 'this Supplemental Declaration may be terminated Duly by the affirmative vote or written
agreement of Owners of property in the Development to which at least eighty percent (80%) of
the votes of all the Owners are allocated; provided that in order to be effective any such
termination must be recorded in th'~~land records for Brugswi~~~ounty, North Carolina, and any
termination prior to December 31 2U~>3, shall, ~ r~r~,l~aal,pvr tcan consent of Declarant. Any
termination of paragraph 7 shal~~egr~'~~~~~ip~~fv~'by~the Division of Water Quality of the
Department of Environment and , ~tj~l'Re~-rce~, o~~~i(~~~i~a~~~~'opriate official or authority of
~r.ru~ ~~~r.,
the State of North Carolina. The easements re§~r~cah~h~j;ein shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Carolina.
23. Enforcement Cxcept'to the_ ~teiPi4h~~~ariu~~er has been duly granted as
provided herein, Declarant, the Assoc~i~lirui~~~l~rri'r~respectrve successors and assigns, and any
Owner of a }tomesite shall have~~l~~~lglht to~e~f~orce &~"~'~°tiec"'@ding at law or in equity, all of
the covenants, conditions and resin"ctions set for'tM hetctrt against any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
wsrcr.i°,r _y_ ~~ i~
I~i~ ~~ ~-
,,

-•-.- ~• ~~~..~~ nwn culleage: yty
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Carolina shall have the right to enforce paragraph 7 hereof.
24. Application of 12estrtctians; ~D ,cl~p~ht',~~[2ig~i~ts. "The foregoing covenants,
conditions, restrictions and easem~~rts~ 1ia71 ~ fip ly on1~~ t,~~t~te ~~~'roperty and not to any other
property now or hereafter owned~._ ~~~cfar~rCt%s;~inles~such othier property is subjected to such
covenants, conditions, restrictions and easements( pl'rrsii~itit to an instrument executed by
Declarant and recorded in the land records fvr Brunswick County. Without limiting the
foregoing, this Supplemental Declaration shall not apply to any property designated on the Plat
for future development. 'fhe rights of Declarant hereunder shall inure to the benefit of its
successors and assigns if so specified m an instrument executed by Declarant and recorded in the
land records for Brunswick County provided, that this,rgq,eii~~i~r~nt of designation in a recorded
instrument shall not apply to a mortgage ~~}''ht) ayq~iY~es~title by foreclosure or deed in lieu of
foreclosure to any property owned ~~yI Ib~blal•~irt~~ind nvx~ x}b~e~t_to, or subject to annexation by
Declarant under, the Master Decl~:ir'alibisl 1 ~,w~ ~~`
°'i =~
25. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
IN WITNESS WIIGREOF Ueclarant has caused this instrument to he executed as of the
i `.
day and year first above wry ~ ~ i ~~~
~~ ~~1i11 ~~ ~ V~_.~
~~~~ gUN8F~ ~,f ~ ' ) ~ I ~ , ~_
!~ pP0 y~I~,{,( ) )~ka~atcf~ at S ncet, I 6or, Inc.
O ~:Tyl ~ n i,nnw«,~~~4~arxi!~
2: oS l v~1 2 G1~7~„rz ;s,~,
~;~2dO3 g'; a By: Zs
'~~~~•.• CAi~~~\~~~ Mark A. Saun ers, Pr si ent
NORTI I CAROLINA '''S rN trt~~```
BRUNSWI COUNTY ~~?~~(( ,~~~,[~`~~~
~~
r ( ) ngti ra'crs2
I, ~~ - *~~,i~ i~9' ~ib~c off` said County and State, certify
that MARK . SAU RS pers natty came befofe~S4ier'tlAjs day and acknowledged that he is
President of SeaWat at Sunset harbor, Inc., a corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the 17~y of_s', 200.
e~ r, --- I `"~`~
~t ~ C_:
(Notary Seal) ,G ~ r, ~> ~
r f ~~ I L
L ~~ „~~~~slr~ ::,.
- ~~'~T~t~~. t~-;, NotaryPu tic
My Commission Gxpire~: i ...... -
......
...
wtrcr ~~„r _ i
g <,
~~I~,~ ~I~~~~ _

Bank of America, N.A., as beneficiary under a peed of 7"rust encumbering the property
described in this Supplemental Declaration, said Deed of frostI being recorded in Book 1299,
Page 1 135, Brunswick County Registry, and the undcrsi r?>rd`7~IttStee under said Deed of Trust,
join in Nte execution hereof for the purpose ~~iiib~fdina~i4a'~ ahd subjecting said Deed of "trust,
as amended, to this Supplemeuta~~~e~l~~atiol~r,l~
Bank of A'rttcrita, N.A.
By: __ _
__. ~ Vice President
PRLAP, In I rLk~ee
_ _' ( ,v--
(~ ~ j ~ ~ ~~( ~~ ~ ~ '~ -~ E! --- - --
'-~ Vice President
irT;l,;
NORTH CAR01.1NA -BRUNSWICK COUNTY
I, t "'--~' ~u('r'l ~~1~ a Notary Public of said County and State, certify
that ~_~~~ e,{` _ personally came before me this day and
acknowledged that f~ie~she is ~Q Vice Pres~dlet~,b~(~~,ANK OF AMERICA, N.A., a
corporation, and that to he as ~~ ldl~e, F st ent, being authorized to do so,
executed the foregoing on behalf Ir~f t ~~ ~(~kFib~•Att n
I J ~ \ ~jF9-^"~~rtt~ic-~l~
~' Noary~bl~ic~Nfiorth aroarad td official seal, this ~~<pl<!3f_~~T, _, Zp~~
COUNTY OF NEW NANOVEa
atAJES1I~TURNERKEPLEY - ~ ,~-~L_C~
My Comm. Ezp. Feb. 28, 2009 „ /
Notary Public C//ll~
My Commission Expires: ~~'gL~ - ~-, ~ I-.
;,, A ~-_
ri (:I~(t )~~~ ~r ,~„~
~; ~-!ass
NORTFI CAROLINA - BRUNSW~L~ ~COUN.I~i~-,,;~,z~_
F• --~~~~ a Notary Public of said County and State, certify
that JOv~ ____ Tn~?~ personally came before me this day and
acknowledged that to he is _ _~_ Vice President of PRLAP, INC., Trustee, a
corporation, and thaf~i~she as ~_-_~, Vice President, being authorized to do so,
executed the foregoing on behalf of t1Te_cotporatron ~ ~ ,~
~~ ,,,
~~~' ~~'
nd of fi~t~l Is~al, 4~its-1 ~ ~ a _
OFFICIALSEAL -`~~~~~~~~~~' ~U~'
Nota~ryy PUblic, Noah Carolina ~ ~ /~~ ~j~~ ~ ~
tarxcSeal~FNEWHANOVEH + I~I ~~f~N`r\\..~C\~tiM"`._~"a,
MELISSA TURNER KEPLEY \ Y /
My Comm. Exp. Feb. 28.2009UX
°°`^" ~~ Notary Public
My Commission Expires:
STATF.OFNORTHCAROLINA ~`
COUNTY OF BRUNSWICK ~ ~ ;, (I ~ _
The Foregoing (or annexed) Certificate(s) of ~I ~~i-C.-"I C 1 ! 1'e.~ ~SQ ~(~,1"' ~~~~
Notary(ies) Vublic is (are) Certified to be Correct. ,~jh ~ _ t _ ~~~
This Instrument was filed for Registration on this ~( ~~ pay of U~ _
in the Book and page shown on the First Pagc hereof. k ~ Ir~~~~,,,~~
~ ~- RO ~ J. RO INSON, Re(,rster of Deeds
I,:, 11 r --- _ _._
- --- _ f ~ i" , ~ i i
I --

--- .. _~~..~,., ......... ~.airayc: you
Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of frost being recorded in Book 1299,
Page 1135, Brunswick County Re'gtstry, and the undersi~t~2d;T~~~rstee under said Deed of "trust,
join in the execution hereof for the pufpbse nfxoib~fdinatiiogs and subjecting said Deed of Trust,
as amended, to this Supplemental De'l~~alroi~.f~~ ~
Bnnk of Atneri~a, N.A.
By. ~~ Vice President
'~ PRLAP In T,rY~s~e_e
~~~. ~ ~
~----
I~ ~~~~ ~~(r i'~~:,~ ~ - ~k-- -
~'i« ~ _ Vrce President
't- I,Z
NOR"fI1fAROLINA -BRUNSWICK COUNTY
~~~r P `~~~~ a Notary Public of said County and State, certify
that Q~L-~e~(' personally came before me this day and
acknowledged tha to he is _ ~~ Vice Presidenlr~bt~~3ANK OF AMERICA, N.A., a
corporation, and that to he as -~`'~~ _,,~c~ ~~d~~e ~'~r~Srr~ent, being authorized to do so,
executed the foregoing on behalC~c~f~~~~ ~;~~f~ib~>Sfr~dn
r' ~^~~i Tr ~r,~~t~
~ n,~~;rC !~; ,-,-
WI~~EAfiSf~hand td official seal, this _~~~~s"~t£pl-±3f~~• __, 20~~.
Notary Public, North arolina
COUNTV Or NEW HANOVER
ar~JEb'Ie~ TURNER KEPLEY - r
My Comm. Ezp. Feb. 28, 2009 - ~~k\S~
~~ ~~yy Notary Public I,
My Commission Gxpires: --L~`b~~ ~~ ~~ ~~ ~~
r ~i(
~~__III ~ .~~i' ~i~l ~'~ ~n9~ /'~ _~<~A
NOR`T'H CA]ROLINA - BRUNSWI~1~ GOUIaL~4,, v,,~,
1, _Vi~~~~,lf ~~E'r a Notary 'Public of said County and State, certify
that `}p ~'1C~~_ ppe-rsonally carne before me this day and
acknowledged that to he is __ 'y4'Vl_ Vice President of PRLAP, INC., Trustee, a
corporation, and tha~i she as ~- Vice President, being authorized to do so,
executed the foregoing on behalfol the corporation
~, ,~1~
,; ii, ,j ,
nd o~fi r~l ~sr€aIJ k~fis~ ~~ '~da~_~.'~ ~~_, 20t~.
OFFICIAL SEA I ~, l _ '~-T<
Notary PUblic, North Carolina _ ~~~ ~(J~ ~
taI'}C15116ft~I~F NEW HANOVER ~-~ 1
MELISSA TURNER KEPLEY ~1 ~~ ~, /n~fJ ~~/~~ rr
My Camm. Exp. Feb. 28.2009 - ~~C\,
~~~ Notary Public
My Commission Expires:
STATb; OF NORTH CAROLINA L
COUN'I'YOFBRONSWICK /~~, i ~ r. ((I ,~~~'
The Foregoing (or annexed) Certificate(s) of nl~ i_~IQ~Y/ 1_! l'~~ ~~Q. ~~~'){~Y' ~~~1~_
~~ .... C--__---__
-~3
Notary(ies) Public is (are) Certified to he Con~ect. ~-~~ ~p~y~
This Instrument was filed for Registration on this ~_ -pay of _~ O~lJwt"
in the. Book and page shown on the First Page hereof ~ - --
~,~ ~~ !t0 S ~ ]. RO i1NSON, ReKitirer nt' Ueeds
--- I,, ~ I I ~ I-

Bank of America, N.A., as beneficiary under a Deed of 'trust encumbering the property
described in this Supplemental Declaration, said Deed of I rust being recorded in Book 1299,
Page 1135, 6runswick County Registry, and the undersi~r~et) ~f~~~tstee tinder said Deed of Trust,
join in the execution hereof for the purpose f ~uif~cbFduta iYo~ and subjecting said Deed of Trust,
as amended, to this Supplemental l~e'la~atto~~l ~ ~
I ~ _ , . _ ~ °,~~ viii
Bank of A'rtreriha, N.A.
By. ~~ Vice President
PRLAP, In~.~,Tr,L~tee
l~ ~~c I
- `.4~ ~ Vice President
NOR'fti CAROLINA - f3RlJNSWICK COUNTY
~~-~~ Notary Public
My Commission Expires: __ C
I ~~~ S
NORTH CAROLINA - BRUNS~~~I~ ~OUr7"l 1' - ~~~~~ ~ ~~~~~`~~~~~
0 FR
atAjE616S~ TURNER KEPLEY -
My Camm. Exp. Feb. 2B, 2009
C\~~SZ~e ~./
I, "'`-~` T~^~T a Notary Public of said County and State, certify
that ~Q- _~_c~ ef` personally came befitre me this day and
acknowledged thal~e° he is ~P Vice PresSd nf,;bt~~3ANK OP AMERICA, N.A., a
corporation, and that to he as ~ r~`~Vdi~e, ~?~r~stdent, being authorized to do so,
executed the foregoing on behalf of h ~C f d g r tt
I i (1 t ~ ~v p k ~ ~~, ~ ~~:~i,~
WI9nf$1~f~5~.hand td official seal, this ~~ `~t~s'=~iap7~~f ~(~(~~.
Notary Public, Nonh arolina -~~"'~~----' 20
COUNTYOF NEW HAN V
1, r ~l-lf~'l~r ~~ a Notary Public of said County and State, certify
that Jp~ ---~~P~- personally came before me this day and
acknowledged that to he is ___ ~___ Vice President of PRLAP, INC., Trustee, a
corporation, and that~she as ~' Vice President, being authorized to do so,
--
executed the foregoing on behalf of the corporation ~ ,
~_ ff( ~~/~ ~~~'
nd o~lfi i~ L~s'cal) t~fis~J ~`~ da _ftf
OFFICIAL SEAL I ~ ~') ~ ~ ~-1. -.-~-r~~--~--~_-, 20~~.
Nofa~~ryy Pl1blic, North Carolina ~ ~ ~ ~ ~, ~ ~
tal'~C4111BRd~IF NEW HANOVER r\\4~'~/N `Y~
'•~~' MELISSA TURNER KEPLEY \ 0~~,,, n,
My Comm. Exp. Feb. 28.2009 . _ .S~tt~-''~-~
f,-~ ~ I~~ Notary Public V
My Commission Expires: cwt/~-~,j5/
STATE OF NORTH CAROLINA _ ~~~ ~~ ~ ~_
COON"fY OF BRUNSWICK ~ , i _
The Foregoing (or annexed) Certificate(s) of I I~ ~ i~-~Q~ ~~~ ~cSQ. (w'r'ye,-"' ~~~
=a- =--' - ---~_
Notary(ies) Public is (are) Certified to he Correct.
This Instrument was filed for Registration on this __~_~ _ Day of _~ ~(`~~
in the Book and r c, shown on the First Pagc hereof. ~ _
p` K
~` ---
Rn l ~ ,1. RO 3INSON, Register of [)ecds
-- -_ - _
_.-__ _ __
II ~,~~ ~ii ~~

RET
q TOTAL ~,~ REy TC#
REC# CKAMT CK# ~
CASH
REF BY ~~~ ~~I~r ~~I
i~~l

ii ~~~,.,[I_
a,,
Supplemental Decl,a,r~t-o~'~o~f
Protechve`Gov ~~r~iti~4~rod-Easements
~~(~ ~~1~>>~Tfbr r~-.U~rsra~+
SeaW'atch at Slin~~ef4>~a~;b~ ,,,Phase 4A
NORM"FI CAROLINA -BRUNSWICK COUNTY
fHIS SUPPLEMENTAL DECLARATION is made on November 4~ , 2004, by
SeaWatch at Sunset harbor, In~g., a North Carolina corporati i ("Declarant").
- ~ ,~i,
~( ,'~~5~'i1H` I ,
WHEREAS, Declarant is the owneF~'6~'(~~~r'ZAn~pr, party located in Brunswick County,
Notch Carolina, and more particularly described as followsg`~
Being all of the property shown on that plat of SeaWatch at Sunset
Harbor, Phase 4A, recorded in Map Cabinet 31 Pages a~,Z_ ~~I
Brunswick Comit}~ RegisE~iy (hereinafter referred to as a "Plat") (the numbered
lots shown on the Plat are hereinafter refer5e t lS ~iV'id~~lly as a "Homesite" and
collectively as the "Homesrtes,'~h i ~ e~~~e~s a'~ Common Elements shown on
the Plat are hereinafter rcF~e~~~~l~d~~l~c~vely ~°~~terty").
t ,~ ~,1
WHEREAS, Declarant executed a Master Deciar~tion of Protective Covenants and
Easements for Sea Watch at Sunset Harbor and caused it to he recorded in Book 1 R64, Page 714,
Brunswick County Registry (together with all amendments thereto and supplemental declarations
recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise
defined herein, all terms definedt.in,_the Master Declaration s~iall have the same meanings in this
Supplemental Declaration); t ~~ /~ \~1.,
~~_~~ i r
WIiEREAS, the Master I3e~~a~etron e's'taelishes~6~f'ta~at ~~i&enants, conditions, restrictions
and casements running with the larid, inclut~rf~g'=}~toV);5can~„setting Forth certain functions and
duties of Sea Watch at Sunset Harbor Property Owners Association, lac. (the "Association") and
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant;
Supplememal neclaration for Phase 4A nfseaWaich;~noCPrepared by; Schell Bfap ~~yc ~ k Abel Fi Livingston P.I,.L.C. (JAM)
_i
f~- i ~~~ i; ~ ~ ~, ~ (Without Title Examination)
III
I I ' ~ ' ~'

WIIEREAS, the Mastet Declaration provides that Declarant may annex additional land
into the Development, and Declarant wishes to anneiC",the, Fr'y~operty into the Development by
recordation of this Supplemental Dec'inlati~n;-~~1~ ~ (i . ~ ~,~
dill 1'll ~I ~ ~_
WHEREAS, Declaranf ~_'ay~b desu`es~ ;tq sublect lhe`~~ Property to certain additional
covenants, conditions, restrictions and easements FriP=4he';purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be held, sold and conveyed subject to the covenants, conditions,
restrictiats and easements conlaliied in the Master Derr;l r7tioN, and to the following additional
covenants, conditions, restrictions and eas rrt~rlt~~ (a9V a~',~fii~h~shall run with the land and be
binding upon all parties having a~~Y ~i'€hw Ir~l~' f inter~s~iurlhe_F'{operfy or any part thereoF, their
heirs, successors and assigns, artd_!slt~~l~inure, c~~Fie benc iY of each owner thereof.
1. Ilomesites and Common Elements. F,ach of the Ilomesites is hereby designated
as a Homesite, as defined in the Master Declaration. T'he streets and other Common Elements
shown on the Plat are hereby designated as Common fasments, as defined in the Master
Declaration.
2. Land Use and Butldiit T e-~~ ~ ~ ~~ ~~ ~~'
g_ ~~? c ~ e~(H~rre~i~es shall be used for residential
purposes only, and no structures sl~~Il~q e~ pi~m or a ~w,~e~~tl~remain on any Womesite except
•one detached single-family dwel~ljhigi~iiht'~xC ee~ittg, fo y ~ ~ eet in height above the average
finished grade elevation immediately adjacent to tie d~effi~rg, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered to be an outbuilding for purposes of this restriction). No dwelling
shall be erected or allowed to remain on any Homesite unless the construction of such dwelling
is substantially performed on the Homesite. No modular home, mobile home, manufactured
home or geodesic dome shall be"`e'lected or allowed tong a'r`~~i~,any Homesite. No street shall
he laid out or opened across or througl~any.H r~@ ~tte.,~f~f"Homesite or any structure located
thereon shall be used for the man acKhtP ~t~j~allb ~r~a ~r el r for an commercial ur ose
whatsoever, or for conductin µ ~ '~'~""`~t"~~~rQ y p p '
g ~riy` ti~is~nes~7~~t~dp~~spro~essron that involves the coming; and
going of customers or suppliers to and from theT~o 'Stitel:provided, however, that a Homesite
tray be used for a temporary sales office and/or model with the prior written consent of
Declarant.
3. Resubdivision and Combination. No Homesite or Ilomesites shall be
resubdivided, combined or any~'t~oundary lines changed/~w~t~iout the written approval of
Declarant. In the event that any such'elangg~(-is (~~t~~fdLe~l~,~tkc resulting Homesite or Homesites
shall be shown nn a recorded plat ~~t}~ ~~2~ bttyeithnt~ ~ond~4c~ns restrictions and casements set
forth herein shall apply to each re~s~uiltithg Hotr~site "'`~ ""~'" ,_trt
4. Architectural Control. In addition to the architectural control provi>ions
contained in the Master Declaration, the following provisions shall apply to the Homesites:
suryplemenial Declaration ror Phase AA or SraWatch DOC ~ - ~ ~=_, ~ ~ ~ ( ~ ~~ % ~~
ii ~ ~,~~~ I~'[I ,_
--

(a) All proposed improvements and landscaping, including any alterations or
additions, on any Hotnesitc must be reviewed and approved by the ACC. Fay way of illustration
and not of limitation, improvernPnts requiring approval shall ~ticludc any dwelling. outbuilding,
paving, fence, wall, exterior hghl'itig; exterior p nr lTii~,~ir'~~rnamental or functional exterior
features (including flags, planters, st7~ueS,tIl~~"~G`~~~narnnents bird feeders and bird baths, any of
which ornamental or functional~e>~ie~ilir<fiatttres mayrir ptoh64Yed by the ACC).
(b) No living tree four (4) inches or more'hi`iliameter at four (4) feet high from
ground elevation, or any flowering tree or shrub, shall be cut without the prior written consent of
the ACC unless it is in the area of a Homesite approved for construction of a structure.
(c) 'I'hc review and Approval process shall be .c ducted in accordance with the
Master Declaration and the archrtectUral designstgR~ar"~Ic~~ar~j'ZI~`~~idelines adopted by the ACC, as
amended from time to time. Pnor tq~cp~mli~~~ rtt 6fi'clearing, grading or construction, the
Owner must submit an applicati'p~i~' irt~,fis~R (2) co95i~"F~T~°°~~_~~?; of proposed construction and
landscaping plans, and any other intormatio~i'~i•c`gli~'r~~,by;the ACC. The ACC shall review and
may approve, disapprove or require modifications to the'~~lans. The ACC shall also have the
right to require an application fee and a construction bond or deposit, as provided in the Master
Declaration.
(d) Once constructiopi,nf a dwelling has been co,m need, it must be completed and
ready for occupancy within twel\e (12) montli~ ~jA~l[~,~t~~~uaping shall be finished upon
completion of the dwelling, weather (~ n~i~~i~`~-~ ~ rn ho-event later than sixty (60) days aRer
the date the dwelling is occupied i~~~y~~l v~ntt~,n reque5t%n~~tae-~Rvner and for ood cause shown,
the ACC ma I ~`'~~~ `%~' ~ g
y, in its sole and abs6lute discre[ic~~'=, @~t~k}d~~h~e,time for completion of construction
or landscaping. No dwelling shall be occupied until rt lsas been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shall a certificate of completion be construed as providing any
assurance regarding the quality, fitness or suitability of design, materials or construction, or
compliance thereof with any app(jeable permits, building cocJes qr other laws.
~~ ~-,~I ~~,~
5. Minimum Dwelling r~~ ~.~~c~~~(~t gl s)S'ajl be erected or allowed to remain on a
Homesite unless the total floor ~qe~ ~f tll~e=t' ted spac~'~%t-t~tF~fY~ roofline of the main structure,
excludin an basement, ara e arTd one-stoc'~ ~"'
g Y g g y^p Ski '~e~~~_i~~~east 1,800 square feet.
6. Building Location and Setbacks. The ACC shall have the authority to
determine the specific location of any dwelling or other structure on any Homesite; provided that
no dwelling, detached garage or other outbuilding shall he erected or allowed to remain nn any
Homesite nearer to any property: one than the minimum setbac~f-lines shown or described on the
Plat, wiles such a setback is waived or modified its 'fih F~~~th~~ACC.
7. Stormwater Man' ~e~nlt~~~~ervroQ~9~8r1~`fsic~Coverage. 'the covenants in
this paragraph are intended to ensure ori~ ii'hti
~' ,~~tlrp~janee with the Slate Stonmvater
Management Permit for the Property issued by the DepaPtment of Gnvironmcnt and Natural
Resources, Division of Water Quality, under NCAC 2H.1000. T'he State of North Carolina is
made a beneficiary of these covenants to the extent necessary to maintain compliance with the
i
Supplemrnul Declaration rnr Phase 4A u(SeaW~1 h DUC . _ 3 _ I ' '
~I.r_ I I f i ~'
--;,.

Stormwater Management Permit. 'these covenants pertaining to stormwater may not he altered
or rescinded without the express written consent of the State of North Carolina, Division of
Water Quality. Alteration of the,drainage as shown nn tf)e ap""'~proved plans may not take place
without the concurrence of the Divis~un nF Waterll~4a~t~~, +Zfhe"inaxinun~enniUcd built.-upon
area per Lot is 5,000 square feet. lThi ~ i~I1q~tlet~ ~iridunt includes any built-upon area constructed
within the Homesite boundaries,i/n~i~t~)at pottion_of th~'i`i'~hi~'b'1='~ray between the front line of the
Homesite and the edge of the ~slreet (back oft'tlie ?;Ut~tri_ Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, Swale<~, etc.)
associated with the development, except for average driveway crossings, is prohibited by any
persons. filling in, piping or slter,pg any designated S:L.curlp~outlet Swale associated with the
development is prohibited by any pcrs<~t~s. A,30;~~((~gef~gteH-4iila'ffer must be maintained between
all built-upon area and the mean Ih~gh~ rj'~'~~~Ilir~d o1' surface waters. All roof drains shall
terminate at least 30' from the(r+r>(~a~i htgh+~yater mafk."'TF•fiY~!'~Woject has a curb outlet system.
Each designated curb outlet Swale shown"~'oti`='~:fi~%tppr~ayed plan must he maintained at a
minimum of 100' long with S:l Q I:V) side slopes or flatter; lave a longitudinal slope no steeper
than 5%, carry the (low from a 10 year storm in anon-erosive manner, and maintain a dense
vegetated cover. Such swales are located in either the Common Elements or a drainage easement
as shown on the Plat.
8. Outbuildings and Pooh; No Tem{~i r~r3~~t~~~t~res. No detached garage., shed,
workshop, pool house or other outb t dirk a,lr$~~rccfed, placed or allowed to remain on any
41~(~)~~
Homesite without the prior writ~eth~~p, ovaL,y~f the A~t3~3t`f'~~~t~7~Homesite shall have more than
one outbuilding (a detached garage is consicYet`r'dd%'f~shse~lan outbuilding for purposes of this
restriction). An outbuilding must he architecturally comp~tthle with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any I lomesite without the prior written approval of the ACC. No structure of a temporary
character shall be erected, placed or allowed to remain on any Homesite, nor shall any building
materials he stored on any Home.~jte. No tent, camper, garage ~ other outbuilding shall be used
as a temporary or permanent residence->.~ ~ ,.
1
~'~~~t~~i,~°"
9. Fences, Walls, Pfla~g~r4~~~~iq~ i mePft~YaY~~i~is. No fence or wall shall he
erected or allowed to remain on any Homesife~cwtfiiiil~rth,~„prior written approval of the ACC'.
No chain link fences shall he approved. No dog pen or k`e'nnel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must he located behind the rear line of the dwelling. No billboards, posters or signs of
any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
sign, and (ii) a temporary sign i fleeting construction of, a,c elling on such Homesite by a
licensed contractor; the design of sucii~~unrtte-~"sl~~ ~4~~t~~S~s~~~{~}roved by the ACC.
~ ~l~l iii ~~~
lU. Outside Antenn~r' ~~nd Satel~i~e+pisheF/+.'~J~f`Fti~t~fde radio or television antennas,
r i r .r
satellite dishes or similar devices s1tall he erec~ecl-ctt ~ik~~pc~t,,lo remain on any Homesite, except
as permitted by the architectural design standards and g`iiidelines adopted by the ACC, as
amended from time to time.
Supplemental nrclannion Inr Phase 4A of SeaWatch UUC - <t. -- ~
~,~~u
I~I~~ ~i'~~!

11. Fuel "Tanks and Storage Receptacles; No Clotheslines. The placement,
screening and maintenance of fuel storage tanks and receptacles for garbage, trash or lawn debris
shall be approval by the ACC;.;tyhich may require fuel storage tanks to be buried. No outdoor
clothes poles, clotheslines or similar,structures chall~b~ }~lag`~d or allowed to remain on any
Ilomesite. r~'f~-;1IL ~~~~~ '
~,-r ,2
l I ~~
12. Qoats, Trailers and"Certadt ~ehrelcs No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle dr~moperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a standard size pickup truck maintained for personal use shall not he
considered a commercial vehicle for purposes of this restriction). Violators may have their boat,
watercraft, trailer or vehicle )owed by the Association at tie owner's expense. No boat,
watercraft, trailer, or vehicle of ably-type shall be st~r4~{{'oifh~ -permanently or temporarily, on
any }lomesite prior to completion and"ttcc.u~-~rrA~r~~((ie~d'tu~elling on such Ilomesite.
`~ l r U ~' ~ ~ -~r~`.r11 `7~iL
13. Animals; Nuisan (es~ ` Dogs '~~IS end other household pets shall be permitted,
provided that they are not kept or maintained for corn'iiY~rt~ial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Ilomesite for any purpose. No
noxious, offensive or illegal activities shall be conducted upon `any Homesite nor shall anything
be done on any I lomesite that is ailuisance or an annoy~t ~,e,tol~te community.
14. Maintenance of, (~qrho§r~~~( ~~d I~~~F;,I~~~~gr~ts. All Homesites shall be
maintained in a sightly condilr~'itr,J~li•ee 6f%iKic~tiS~s,~nibbrsh, weeds and high grass, a.nd all
improvements on the Homesites shall be maintained`r~r~~7~htly condition, all to a standard that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. If the Owner of a Homesite tails to
comply with these requirements, the Association shall have the right to cause such maintenance
to be performed and to charge t~e~ cost thereof as an Assessment attributable to such Ilomesite as
provided in the Master Declaratwh ~ ~ ' /r~
1S. Repair or RemQ~~(gqlf~ih~pl~bv~mentsrM;,{~~y/~j~provement damaged in whole or
in part by fire, windstorm or airy-other car{'~;!~~'nausfbe-p~•omplly restored or all debris removed
and the Homesite restored to a si htl condition. Suc t~#"
g y f~ e~~~oration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause such restoration or removal to be performed and to charge the cost
thereof as an Assessment attribut~hle to such Homesite as provj~led in the Master Declaration.
~ i ~ ~~ ,
16. Wells and Irrig~tton oC Ho tee fes~ ~ ~o~n~~lf `shall be drilled, installed or al lowed
to remain on any Flomesite for j~li•ji~l~,ih6~a~~r or ~~ELYq)~~ge~~ehold or potable water supply
purposes. A well may be instal~l~~1'v'na Hoi4V'a~it>3~;fft;~irr~ation purposes only, provided that the
location and screening of any above ground equipment-or~'tmprovements must be approved by
the ACC. Further, irrigation systems shall he designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
i
s~~i,n~~„rnwi n~~i„~ro~, m, ei,~sean ~~rseaH.,i,fi noc ' S ~ ~ ~, ~ ~
~[
I I i ' ~'

----•• ....wrayc. JOJ
17. Lakes and Ponds. The use of any lake ar pond, or any portion thereof, located
within the Property is subject,to rules and regulations of the Association, which may include
prohibition of use. To the extciit that all or any portr~i~~~5fi,~~lake or pond is located within a
lomesite or abutting the proper[} foie o~ ~,'urn~srt@ the Owner of such Homesite shall he
responsible for maintainin th e ~
g ~~~f ~~~1 b~h of snal~ylslctn,~r~pond and for controlling erosion
due to storrnwater runoff from r hin such I lor~eSite.•., -
1R. Wetlands. Certain Flomesites may contain wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Filling, grading, excavating and vther land disturbing
activities are prohibited in such wetlands on any Homesite.
79. Easements. Declarant hereby rese~~es~ ~'q'r ' elf, its successors and assigns:
l._
(i) easements for drainage and uhlmes`on glX'~~i~~~iter;: ~ttvng all property lines, measwed ten
(10) feet into the Iomesite from I~~y I~~~ifc~pc~t 'line {t~l~pt~iet7~asements as shown on the Plat;
and (iii) easements described ~i~r- [lie" Masten`-be~arat-i,vn. Such easements shall be for the
installation and maintenance of drainage facilities andit`ili~4ies across, on and under the ground,
or for other purposes as specified on the Plat or in the Master Declaration, together with Ihr, right
•of ingress and egress over and upon the subject property for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications. water supply,. sewer, and irrigation. All ch easements are nonexclusive
and shall be assignable, in whole tii~ in part tv the Qsscr i~rii~~i~to public utilities, and to other
providers of utility services. ' ~ r;~ ~(I ~ ~~~'
~~~'~I-
lll. Waiver of and Cros'n~ to ~~-i~`13~6r~sn~l~here approval authority is specifically
granted to the ACC herein or in the Master Declaratio'n`; tf~fe ACC may waive a violation of a
covenant, condition or restriction by appropriate instrwnent in writing. Otherwise, Declarant
may waive any violation of the covenants, conditions and restrictions set Torth herein, or release
any of the easements reserved herein, by appropriate instrument in writing; provided that any
waiver of paragraph 7 shall requrg~approval by the Divisimt of ~ater Quality of the Department
of Enviromncnt and Natural Resarrtt ,,or other a~propt e~~bf rcial or authorit of the State of
North Carolina. '`~~° ~~ ~~ ~ ~! t .? ~!~~ ~' y
~~ ~~, I~(~ )I~r r
21. Amendment. Th =eo enants; ~~~'h~jfit~r(~~n" ,restrictions (but not the easen~ients)
set forth herein may be amended only by the affirmative vir~~or written agreement of Owners to
which at least sixty seven percent (67%) of the votes of all the Owners of Ilomesilcs in the
Development arc allocated; provided that any such amendment must be recorded in the land
records for Brunswick Cvunty, North Carolina in order to be effective, and any amendment prior
to December 31, 2033 shall regclue the wntten consent of ,eclarant. Any amendment of
paragraph 7 shall require approval lrV_the UrvisiSm crf~llV~ler~!Quality of the Deparhnent of
Environment and Natural Resources v '''o[l~~r-'~~irl,~prlaa'te'official or authority of the State of
North Carolina. ~~(1 ~ ~ ~ f ~ . ,,-~~ ,z,f~
~I ~l~) _
22. Termination. "fhe covenants, conditivnsand-restrictions set forth herein, as the
same may he amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and shall he binding on all owners of such land and all Persons claiming under
SupPlememal Ueclaralinn (or Phase 4A of tienWa~A, t)OC 6 - l
~

~i ~ ~L''
~II'~i ~~I 1
,l
~ ,,;

them. This Supplemental Declaration may be terminated only by the affirmative vote or written
agreement of Owners of property in the Development to which at least eighty percent ($^J%) of
the votes of all the Owners ar~_,allocated; provided drat „i~~}} order to he effective an' such
termination must be recorded in the Ind-records-f ~f~tU{i~u,%ic~k~Cowrty, North Carolina, and any
termination prior to December 31 12(~~33 i~ a(II ~e~j ire Elie written consent of Declarant. nny
termination of paragraph 7 sh;~l~~r~q~ire 'a~p~[oval b~''t~{'~11i'Cision of Water Quality of the
Department of Environment and-Natural Reso~`rce§„t5e ~st_I~e~r appropriate official or authority of
the State of North Carolina. The easements reserved herein shall run with the land subject
thereto and shall he binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Carolina. ~,
s;~'~ I~,
23. Enforcement. Fxcep it6 tf~~~~a~c'Irt that a waiver has been dul
l ti) i ~ granted as
provided herein, Declarant, then/'{S~bcia€ron,th~rr^re~p°~c'Tf~bn6Ts~ccessors and assigns, and any
Owner of a Homesite shall have the right to etil`6foe~%6y~s~a;lp~oceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Carolina shall have the right to eta~'orce paragraph 7 hereof.. ,
l(( ,~~„~~~,,
24. Application of Resttri~-tiQQt,~#~~~~Ih4an~ s Rrghts. 'fhe foregoing covenants,
conditions, restrictions and ease~~r~~s_Jslhall, apply ont~~=t~`t?Y1re~'Property and not to any other
~ ~L'~'~'~~ ~~-^,~
property now or hereafter owned-by Deelaran`f,' ~irfle's~„st~~l~~other property is subjected to such
covenants, conditions, restrictions and easements pursuant to an instrument executed by
Declarant and recorded in the land records for Brunswick County. Without limiting the
foregoing, this Supplemental Declaration shall not apply to any property designated on the Plat
for future development. The rights of Declarant hereunder shall inure to the benefit of its
successors and assigns if so spec'tFted in an instrument exec~t~~ y Declarant and recorded in the
land records for Brunswick County; j~~ov~ded, tl al, Iti~%r~~~ir~~»~~i t of designation in a recorded
instument shall not apply to a mortg~~~~~~~~a~~~~ilPrres`lrtle by foreclosure or deed in lieu of
foreclosure to any property owneti~ ~}~~~ star rit~nd nciCCo'~'~j~£f4o, or subject to annexation by
Declarant under, the Master DeclaYtion. ~ `''~'2~(~%,~,~~,.
f-~!Z
25. Severahility. Invalidation oCany provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
~Remaind~r of Page Intentionally heft IankJ
_ ~_
~ _ n.7'i~!=.~cs,~i,~
s ~,ppi~~nc~nm n~~i~,,,ro~ m~ ri~sr ~n ors~~TwT~ n oor _ 7 _ ~ ~ ~ ,,
~~i~
1

_-_ ~....... uya.. JVJ
IN WIl'NESS WfiGRF,Of, Declarant has caused this instrument to be executed as of the
day and year first above written
. ~ , ,
I
'~
~W
~~~~ ~~(,
S
~t~hat_~~~ns~tHar nc.

13y: __ _.__~
Mark . Saunder , Presic n
NOR77{CAROLINA
,,
QRUNSWICK CO
l
1
NTY
~ . ~~ ~I(~~ ` ~~"
~M
y
~

that MARK A. S DERS isona ?;-,Nc~t~ry Public of said County and State, certify
lly came liet'ore`frie,thls day and ackn
wl
d
d
h
o
e
ge
t
at he is
President of SeaWatch at Sunset Ilarbvr, Inc., a corporation, and that he, as President, being
authorized to do so
executed th
f
i
,
e
orego
ng on behalf of the corporation.
````,~~„~unu" i~„~
~, ~ 5.~~jL,NfV~SS my hand and official seal, this the ~` day of //-d[~•e~z~// Zpp
2:~~
~~' ~
z v
~
~~~~I
~
~ ~ (( ~l~l
~ ~ . - i
I

:.f~ ,~ommja~ ~~~:xpires: vta y Publ~
"=»<-~l_;

• l.~%jpelon Expires November 7, 2(Ip~ ,
~ ~i~~
~ ,~~,.
1
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(~ I I /_
~~
i~ 111 ~ I~.(_ _. IY1~
Ib.i.li ~f{Ln±f(L
Supplemental Ueclaratim, br Phase A~ of Scawmd~ DOC _ ~ ~-
-8-~~~~~i ;~,!
I~ ~~~~ ~~~` ~I
-_ ~." i

' ~ ~ [sank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of "Trust being recorded in Rook: 1299,
Page 1 135, Brunswick County Registry, and the undersi ned, ~rustee under said Deed of Trust,
~ ,
join in the execution hereof for the pfirpose ofsRf~clrtc~u`I~t!i11~ nd subjecting said Deed of'frust,
as amended, to this Supplemental Decla~~tip~f ~ ~''
~.~ ~ ~,.~~~U~, : ,-,>>~
,~,_
13'~~ili ttf ATme,~~ca, N.A.
By. ~~` -
Vice President
FRLAP, Inc. r tee
~~
~~ I J. ~'~
ice President
NORT}I CAROLINA -BRUNSWICK COUNTY ~~~~-'I's;
I, ~l~-~T~r'~_C_[~~2~~~__, a Notary Public of said County and State, certify
that Jon P._~Ip~t-~ P~ __ personally came before me This day and
acknowledged tha~she is , -~-~~_ Vice President,of RANK OE AMERICA, N.A., a
corporation, and that~she as ~~~e `~I~r~~fc~~nt, being auUTOrized to do so,
executed the foregoing on behalf of the c~ ra rir~
rl ~ I~(~I ~~ r~ ,~„ir~n~~~,~i~
I
~ _ .S typg{tfygLri~Apd o`fF rat seal,`tkt^~,S"=,,''~°~ au tTf ~'jYeVYI ~20~.
Notary Public, Nodh Carolina ° ~I~<,
/N COUNTYOF NEW HANOVER a--
~ MELISSA TURNER KEPLEY [\~
My Comm. Fxp. Feb. 2R, 2009
y p, ~~~~Q~~`1 Notary Public
M Commission Ex Tres: Q `'
~j lei'
NORTH CAROLINA - BRUNS4~{I~~~_~I~il~~ ~~~ ,93~G`l-~,i ;~,Cc
y 2tc ° 1
I> l t ~ur~<Cf\e,~~, a Notary Public of said County and State, certify
that J_ ~_ ~~~~(' __ personally came before me this day and
acknowledged that t she rs Vice President of FRLAP, INC., "hrusb:e, a
®' ~~--
corporation, and that t~khe as _ __ Vice President, being authorized to do so,
executed the foregoing on behalf ofth~~e c~p ration
~al F~'si1~ z~ay of~11e~~ 20`~.
OFFICIAL SEAL ~ ~ ~ ~ ~ _~, ~~ ~r ~ -;t.+ia
Notary Puhlic, North Caroling ~ ~ - _ ///~~~
~N( COUNiVOF NFW HANOVER C`I~
MELISSA TURNER KEPLEY i`
," My Comm. Exp. Feb. 28, 2009 ~
~Q~ Notary Public
My Commission F,xpires:
STATE. OF NORTH CAROLINA
COUNTY OF BRUNSWICK ~ ~~ ~' , ,
fhe Fore join ~ ~ ' ~ _ ~ ~ r ' `
~ g (or annexed Certificate(s) of
-_- 1_ _
PJolary(ies) Public is (are) Certified to be Correct. ~ - ----- --
This Instnrment was tiled for Regishation on this Day of __,-_ November Zppq
in the Book and page shown on the First Page hereof. 'p~~,~,~
J. RO INSON, Register of Deeds
--- r~_~I,;~ ~,~~~~~ ~
~ ~ ' ~I~ ~

~ ' 1BLi?.nswick t'otmty--Register of Deeds
~~ ~ ~ 1 `- GI~obert J. Robinson
- - I~ ~
_ ° f=~te,~JR236993 Book 2038Page 567
' - ._.11/04/2004 03: 57: 25pn Recli _~7 /O / ~(/
;i :X- (P b
RET
q TOTAL~REV TC# -~~_,,_ - ~
REC# CKAMT CK# O .~ ~ , , J ~ ~-
CASH REF BY , n '. i ~ ~ I ~~ ~r ~
~~ , _ 'i3
S~~~lemental Decla~tia3~'~of
Protective-ty_ove~na~Fi~g!aq~Elalsll~ments
. i ~ ' / a J IOC y,?n_~~t~'~~s~iii~
Sea~a~c~B at SiM'is"~~~~~bgr, Phase SA
--~~s
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on November ~~' , 2004, by
SeaWatch at Sunset Harbor, Gic., a North Carolina corporation ("Declarant").
WIT~T~~T'H~ ~ I~
r?
WHEREAS, Declarant'is%tlie own~~ofr_cp~t~ir>, roperty located in Brunswick County,
North Carolina, and more particularly described as fo`~l$~v-~~
Being all of the property shown on that plat of SeaWatch at Sunset
Harbor, Phase SA, recorded in Map Cabinet ~, Pages aa~ - aa„i
Brunswick County RegisK~y (hereinafter referred to as,>jhe "Plat") (the numbered
lots shown on the Plat are `f5et'~inafter referr~i,EO,y dwtd~ally as a "Homesite" and
collectively as the "Homesites~~'`th@(I~~h~aGommon Elements shown on
the Plat are hereinafter relf~~i~~t~tiWeCtively ~~~~;ierty").
~~a,, _~
WHEREAS, Declarant executed a MasterbeYiPa%ation of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864, Pa€;e 714,
Brunswick County Registry (together with all amendments thereto and supplemental declarations
recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise
defined herein, all terms definedin the Master Declaration shah have the same meanings in this
Supplemental Declaration); ~~"~~'° _;~~ ~~~~. I h
~~-~ ~, G~ ~ ~; :~
I_',
WHEREAS, the Master De~lraiatton est~hshe~~,e,~~~~~ovenants, conditions, restrictions
and easements running with th`~I"afid, inet`ti'tliEt~~v;~ipns setting forth certain functions and
~s r
duties of SeaWatch at Sunset Harbor Property Owners ~s~bciation, Inc. (the "Association") and
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant,
soppieme~rai Dedara~wn rot ruse sn or seowuir,q,nocPrepared by: Schell Bray-Aycock Abel & Livingston P.L.L.C. (lAM)
'r, - j,, (Without Title Examination)
~ I. --
-:ih -- -
_-

J ~ ,
t ~,'.. inst N 236993 Book 2038~age: 568
~_~_
WHEREAS, the ;Master Declaration provides that Declarant may annex additional land
into the Development, and Declarant wishes to annex the Property into the Development by
recordation of this Supplemental ~eclaiation; and - _~; I --
~~ ,~
WHEREAS, Declarant ~~s ~'de~itc~ 4o subject trte~!;Property to certain additional
covenants, conditions, restrictions ~nd easemelts=,:~c,~he, purpose of protecting the vab-ie and
-desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be held, sold and conveyed subject to the covenants, conditions,
restrictions and easements contained in the Master Declarasio and to the following additional
covenants, conditions, restrictions`~aitd_easeme~s Ih wh,iq~shall run with the land and be
binding upon all parties having any rigg~itrtit~~~td~'res'~n the Property or any part thereof, their
heirs, successors and assigns, ana s afl,lrttir~ o the benel'~~~~~aah owner thereof.
~~; ~,;;
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common Elements shown on [he Plat are hereby designated as Common
Elements, as defined in the Master Declaration. Driveway connections for f-lomesite S09 and
Homesites 565 through S74 sI1Rl,l be to Bendigo Passage,~not to Indus Way or Nautica
Boulevard. Driveway connections fot`FJomesit~ ~;an ~,l-~i~in~sites 577 through 59S shall be to
the adjacent alley Common Element, got',Ep~~l~rg~P~a"s~ge.
~o<-,
2. Land Use and $Gilding TyjY~.`~~P~'~h~m/esites shall be used for residential
purposes only, and no structures shall be erected or allowe~t to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the a~rerage
finished grade elevation immediately adjacent to the dwelling, a private garage For not more than
three (3) cars, porches, decks, patios, a swimming pool and no[ more than one outbuilding (a
detached garage is considered to be an outbuilding for pur ose~of this restriction). No dwelling
shall be erected or allowed to remafa~,_ra~ any Home i~te-u j~g~s~t}Su construction of such dwelling
is substantially performed on the Ho~!esrt~Iv o~'o~ifl'ar home, mobile home, manufactured
home or geodesic dome shall be",e~;~'dtef~:o#'~Ilowed tdlrerl~ait~~~, any Homesite. No street shall
be laid out or opened across or't~irough any~~~~t~s,~Nq Homesite or any structure located
thereon shall be used for the manufacture or sale of any`a~icle or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary sales office a!td/or model with the prior written consent of
Declarant.
_n;~ hI
3. Resubdivision and Cpnt~~ip'a~~i~in~~ ~K!'o' Homesite or Homesites shall be
resubdivided, combined or any ~puhd'ary 1!n'es chattg~ ,w~iUhout the written approval of
Declarant. In the event that any such change ts,~ppro~ ed, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, c6nd!it'ions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
Supplemental Declaration for Phase SA of Seal ~tch.ni7G - 2 _ _,. ~ ~ I ' .
J , ,~
_ _

_ ~, ~- '~
~' ~ 7inst N 236993 Book 2038Page: 569
_ ' _,_
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the following provisions shall apply to the Homesites~
(a) All proposed improy~ments anti ~lar~dscapm~~ including any alterations or
additions, on any 1omesite must be revew~dartd~a{iprlived by the ACC. By way of illuedration
and not of limitation, improvemer~t's~~regviri~~i~ approval~~~zta#Enelude any dwelling, outbuilding,
paving, fence, wall, exterior I`ightng, ext>rrt'or'p~ittiag, or ornamental or functional exterior
features (including flags, planters, statues, lawn ornamen'f~ bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowerir?g tree or shrub, shall be cut `"(ithout the prior written consent of
the ACC unless it is in the area of a Flomesite ap~roxec~f~e{r c~/d~uction of a structure.
~ ~ i j~ ~r J 1. ~! U`
(c) The review and q'pQFavat ptlpcess slralls~i5~r~.ccnducted in accordance with the
Master Declaration and the architectural desi~gn''s~~i~• d~and guidelines adopted by the ACC, as
~~.~;~
amended from time to time. Prior ro commencement o~tilearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application feg.. and a construction bond or deposit, as prvvided in the IVlaster
Declaration. -, ~7 '
/L.
_: y ~ J
(d) Once constructtofi ~£ a~ dwetl4hgi'has be~n~~pvrirr~nced, it must be completed and
ready for occupancy within twel~e (12) ~rtdtfttis~= A11 landscaping shall be finished upon
completion of the dwelling, weather permitting, and iri nu~vent later than sixty (60) days after
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of constructive
or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shalb_a certificate~f.,eq~,n l~tt~be construed as providing any
assurance regarding the quality, fitnes~sr~lity~}htij;n'f~~design, materials or construction, or
compliance thereof with any ap~li~~~pl~ ~ierttbits~'buildi~g_~~,~~t' other laws.
5. Minimum Dwelling Size. No dwelling"sltiai~l~e erected or allowed to remain on a
Homesite unless the total floor area of [he heated space within the roofline of the main structure,
.excluding any basement, garage and one-story porches, is at least 1,800 square feet.
6. Building Location and Setbacks. The A~C shall have the authority to
determine the specific location of~"kii~ydwelling or o~~ers~u,~~on any Homesite; provided that
no dwelling, detached garage or other otrtbt' ~~~s1ia!-0~~ e-erected or allowed to remain on any
Homesite nearer to an ro ert li,e,than'th'~rinimurn.~ , e4,~lines shown or described on the
Y p p l p, SetJ~?y ,
Plat, unless such a setback is wawed)o~ mod~~~'d~l~Zing by the ACC.
_~;;_
7. Stormwater Management; Impervious Surface Coverage. The covenants in
this paragraph are intended to ensure ongoing compliance with the State Stonr~water
Supplemental Declaration ror Phase SA of SeaWatcf_U~C - 3 - _
__

I,-
- ~~~~~_ ~~Inst_# 236993 Hook 2038Page: 570
Management Permit for the Property issued by the Department of Environment and Vahiral
Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is
made a beneficiary of these co~~cnants to the extent neces~ar~%to maintain compliance with the
Stormwater Management Permit. Tftese coy~~nants pertau,niito~~v stonnwater may not be altered
or rescinded without the express~writteti ~~ri1's_~nt bf'the State of North Carolina, Division of
Water Quality. Alteration of the !di•~aihage as,,shown~~i'rthe~a~(~roved plans may not take place
~ s~~
without the concurrence of the division of mat`e'r Qu~T%ti,,;, The maximum permitted bui'I~ton
area per Lot is 5,000 square feet. This allotted amount includes any built-upon area constructed
within the Homesite boundaries, and that portion of the right-of--way between the front line of the
Homesite and the edge of the street (back of the curb). Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not inclUde~ raised, open wood de~.jCing,"or the water surface of swimming
pools. Filling in, piping, or altering any~3,t^r,eg~Ca~d conveyances (ditches, swales, etc.)
associated with the development.~e-3cceprE~~i}yerllage driveway crossings, is prohibited by any
persons. Filling in, piping or a~er~~atiy,lc~gr~r~ed'°~s'~'rc'[Stya~4`~utlet Swale associated with the
development is prohibited by any persons. d-3'0~ %ryge~d buffer must be maintained between
all built-upon area and the mean high water tine of surface waters. All roof drains shall
terminate at least 30' from the mean high water mark. This project has a curb outlet system.
Each designated curb outlet Swale shown on the approved plan must be maintained at a
minimum of 100' long with 5:1 (H: V) side slopes or flatter, have a longitudinal slope no steeper
than 5%, carry the flow from a ~-0; year storm rn a non-erosige manner, and maintain a dense
vegetated cover. Such swales are located in eil~he~lhe; C~ihtrito>a-Elements or a drainage easement
Cr l "Jt ' ' ~'
as shown on the Plat. _ , ~-~
I ~~ J
I I~ 1 ,~ ~,,,;
-~'~"~ -
8. Outbuildings arid~Pools; No~'~ts'rti~pon~~S,~ructures. No detached garage, shed,
workshop, pool house or other outbuilding shall be erecte~ptaced or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more titan
one outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by the''°~;G;C. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior"iufii~[en a rtatr~ljb~# ~~i~~C-. No structure of a temporary
'character shall be erected, placed or_a,llpvugcti~einairron any Homesite, nor shall any building
materials be stored on any Homi~s6~e!~'~I~o tent, campeir;~~P~i~$ other outbuilding shall be used
as a temporary or permanent residence. - s? ',°-
'~'w
9. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Elomesite without the prior written approval of the ACC.
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All pla~Geg•round equipment on any l-h~mesite must be approved by the
ACC and must be located behind the i~ar line ofti~~Ic~we~i~~;tlsfo billboards, posters or signs of
any kind shall be erected or allowed torem~ rlgn~any Homesite, except (i) a name and address
sign, and (ii) a temporary sign~r~t7e~itrig Construch&ri-'~~7~"a'~velling on such Homesite by a
licensed contractor; the design of'such permitted signstnast be approved by the ACC.
~„
l0. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any Homesite, except
Supplemental Deda~a°on for Phase 5n or Sea~S amh DOE' , _-,4- _ ~ ~ =
ii
'~~ i

- _ __
- - ^ Tnst $ 236993 Book 2038Page: 571
- - - -~~
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time.
11. Fuel Tanks and Storagel~~eeptacle~,~~la~~Clotheslines. The placement,
screening and maintenance of fue~~stq"rag"e tanla~and rece tacles for garbage, trash or lawn debris
shall be approval by the ACC,',w+'liisth~rrrayrcquue fit~~~`~orage`tanks to be buried. No outdoor
clothes poles, clotheslines or similar structures ~sfiai~lie;~rlaced or allowed to remain on any
I Iomesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twerit}~~four (24) hours on an3~1-larr(asi[e, except in a garage with the
garage door fully closed (a standard siz~i~lytrp~trG~k,~ritaitied for personal use shall not be
considered a commercial vehicle ~gr~utpq$~~bi?tY~ restrict~on~~ Violators may have their boat,
watercraft, trailer or vehicle ~owec~`-by th~;A sac~ation-of-free owner's expense. No boat,
watercraft, trailer, or vehicle of any type shall lie ste'et~l;e~ther permanently or temporarily, on
any Homesite prior to completion and occupancy of the dwelling on such homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in'!c_otnpliance with all~~t~l,f~a6be laws and ordinances and any
rules or regulations adopted by the Associatilon~r~l~i t?°.t~'eto L~[herwise, no animals, livestock
or fowl of any kind shall be keptipr y11J9~'p~tN ret~am on an Homesite for any purpose. No
g el ~c~,,,~~;~<,~us
noxious, offensive or ille al actli~tti s~-§h~(1!b~i e{rduc ed upon any -Iomesite nor shall anything
be done on any Homesite that is~a nuisance or an ann~ii~'stlo?~to the community.
14. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other prope~t~a~n the Developm~has,~9$termined by the ACC and the
Association in accordance with the t~4'~ster~B~~~~b~ort.~~--lj the Owner of a Homesite ftils to
comply with these requirements~.t~e-,~ss~ci~~an s~salT~ha~~~~h~~~ight to cause such maintenance
to be performed and to charge the/co§t lhere~f?as~~, ,4ssessmed`f attributable to such Homesite as
provided in the Master Declaration. "~°<i~_'~;;
I5. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the }Iomesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) montfi~~from the date of the casuakX~unless the ACC grants a vrcitten
extension. If the Owner of a Homesil~,fails~~or~,p~)yieh=th>s requirement, the Association
shall have the right to cause such restgr~hor• orl rerhoval to be~erfonned and to charge the cost
thereof as an Assessment attributable_~to~such~Elomesrte~as prot~iii~'L~`d in the Master Declaration.
_, _ _ ; ;
IG. Wells and Irrigation of Homesites. No well shall be drilled, installed or allowed
to remain on any Homesite for drinking water or other household or potable water supply
purposes. A well may be installed on a Homesite for irrigation purposes only, provided that the

- j'i =' iL ~ lYfst N 236993 Book 2038Page: 572
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discaloring of sidewalks, curbs, paving or similar improvements.
„ =~,r" L,
17. Lakes and Ponds. The use~hr~~n~lake'or pond, or any portion thereof, located
within the Property is subject io~ r~les~ and'~r~,~ula4oh~~~vi~tti~Association, which may include
prohibition of use. To the extent that all or aiiy pd~Y2i1i%f a lake or pond is located within a
Homesite or abutting the property line of a Homesite, the Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stonnwater runoff from within such Homesite.
18. Wetlands. Certait~,Homesites may conta~ well""ands subject to U.S. Army Corps
of Engineers regulatory jurisdiction?~.~~,Fillin ~rac~iiy ~ Ieiiea~~aling and other land disturbing
activities are rohibited in such wetly S;on ;i~~' ~ ~
P _ ~ I tld ,- ~v orries~te
''tiq z
19. Easements. Declarant hereby° fieseryailfox rtself, its successors and assigns:
(i) easements for drainage and utilities on all Homesrtes along all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) other easements as shown on the Plan
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specifiedip~l the Plat or in the Master-I~~clara[ion, together with the right
of ingress and egress over and upoii',I~te subj,echpr(op~ ~'ot=such purposes. Uses of utility
II \
easements may include, but sh~il~~rd~~b'e!~~Fimrted to, electric, cable television,
telecommunications, water supp~y~ s~iuei•; a~~i, i~ gati'~S°9~~~`Rt~~Y}ch easements are nonexclusive
and shall be assignable, in whole or in part, {o ~tte~;~~ ~_iation, to public utilities, and to other
providers of utility services.
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declaration, the ACC may waive a violatioin of a
covenant, condition or restrictitin_¢y appropriate instrumegt, il~ writing. Otherwise, Declarant
may waive any violation of the covei'a~ius, conc~if . '~aii~r~tt~icHons set forth herein, or release
any of the easements reserved herei b' ,a ~'' ~/
~~„ }y= p~rgpr~te-instrument in writing; provided that any
waiver of paragraph 7 shall requ~~ ja~(frtival;Y~,v the Di^tis~i'tr°ti~ater Quality of the DeparUnent
,,;,;_
of Environment and Natural Resources, or o'C~t~~t'~r,~t~ official or authority of the State of
_•,__
North Carolina. _
21. Amendment. The covenants, conditions and restrictions (but no[ the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven percrn~(67%) of the votes of aU t~e Owners of Homesites in the
DevelopmenC are allocated; provide8'~,hat any ~ctn,~n~cmd'~~lj~bmust be recorded in the: land
records for Brunswick County, North Carc~inn~inrdnd~~=to b'e effective, and any amendment. prior
to December 31, 2033 shall requj I~:~t~l~~~a'~tten cons~~~g~~~_~1?rclarant. Any amendment of
.paragraph 7 shall require approval by the'T3ivti~i€t~,,v#'~1N~ter Quality of the Department of
Environment and Natural Resources, or other appropriaTe"~r~fticial or authority of [he State of
North Carolina.
Supplememal Declaration for Phase SA o(SealVatcB DOC-_ - 6, -- -
i ;..~,~ _
~ ~ ~- - ~i ~- - - -.

- __
~;~~ ,Inst: A 236993 Book 2038Page: 573
- _ --,;
°--
-- -
22. Termination. "fhe covenants, conditions and restrictions set forth herein. as the
same may be amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and shall be binding on all owners of such land and all Persons claiming under
them. This Supplemental Declaration may be t~fnmaTegi~oyi~Ll7y the affirmative vote or vuritten
agreement of Owners of property in the<Hej~°Iq~pnS~iil/{b which at least eighty percent (8'0%) of
the votes of all the Owners area ~ailaAa3ed,~.providedr,;that.~t~~rder to be effective an~~ such
termination must be recorded iri~Ehe"land records fo~-Brunsyvtck County, North Carolina, and any
termination prior to December 31, 2033 shall require Elie`written consent of Declarant. Any
termination of paragraph 7 shall require approval by the Division of Watcr Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Carolina. The easements reserved herein shall run with the land ~;ubject
thereto and shall be binding orz;all owners of such land aqd all Persons claiming under them,
except to the extent that the Person s~ Persons ha. ' =F ~tf~ lb_~an easetnen[ have released such
rights pursuant to an instrument recort~ed j~~m~~a~rd=fecords for Brunswick County, North
Carolina. ~ ~ J ,_,, ,yes
~,t-~~~„2~~,~~
23. Enforcement. Except to the extent the3~'R waivor has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate dte same37reither to restrain the violatiott or to recover damages. Failure
by any such entity or person to erifore,e,any of the covc:na'ht~~onditions or restrictions set forth
herein shall in no event be deemed a waive~~'~t~eJ '~lxt4d do so thereafter. The State of North
Carolina shall have the right to enfblree~ar~g~hp her~~;f~~3 ~,as
24. Application of Restrictions; Declararit`sti'Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to any other
property now or hereafter owned by Declarant, unless such other property is subjected to such
covenants, conditions, restrictions and easements pursuant to an instrument executed by
Declarant and recorded in the, land records for Brunswick ~ounly. Without limiting the
foregoing, this Supplemental Dec~aTatipn shall not appky4to aii}y~operty designated on the Plat
for future development. The nghts oF'~B~t~er~'drtd'er shall inure to the benefit of its
-successors and assigns if so specifiedin'~hjrrs rument ~ec~czty`drf~y Declarant and recorded in the
land records for Brunswick Courit~;'~rovide~~'l~l~~~,~Auirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires`~(~fe by foreclosure or deed in lieu of
foreclosure to any property owned by Declarant and now subject to, or subject to annexation by
Declarant under, the Master Declaration.
25. Severability. Invalidation of any provision herc~f shall in no way affect any of
the other provisions hereof, which-~slia~l remain in full;force antf,effect.
(Remamd~r ~~f,Page~ In~ntfona~~1~,,4rc~#'tr~~lank]
Supplemental Declaration for Phase SA oC ScaWatchDQG-_ - 7 -
;!i' .- -

' _ i
-,
-' , ' ~ , I~st--#'6993 Book 2038Page : 574
-
-- -
-__
_ --
IN WITNESS WHEREOF', Declarant has caused this instrument to be executed as of the
day and year first above written.
- _ ~. ~°,
~-~rra~°tcln~t S reset Harbor, Inc.
~ L~ ~ _
~ ~ /
By: ~-,'
Mark A. Saun ers, Pr ident
NORTH CAROLINA
BRUNSWICK COUNTY - '~
i,,.
~ ~ ~~
I, ~ ~ ~ ~~~-~~ a~Ni~ar j'yc ~f said Count and State, certif
that MARK A. S ERS pec b' atly caihe~,{~,~~f~me this day and acknowledged that he is
President of SeaWatch at Sunset Harbor, Inc., a cb`~'~o~ilion, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the corporation.
~,„ununw~~r.,.
,a~~~~,..pu,~M/h~~itTNESS my hand and official seal, this theme z day of~, 200~G
~:~ ' V~ :~ i, 1I~~J,,I ~L CG~C~ iC'l
• ~8 :~, i~ I ~~ ~,,t~~,o-~ ~~~i of Pub 'c
~~'P y.C~rirl{ission Expires: ter'- -_
~_; ,
fe ~V `~.
'~...,,~gGoY~masion Expires November 7, 2007
~ti
_ _ - r~'~ ~', , i
- -
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- -
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'~~' G ~ r ~
"' i ~~~ -
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' -
Supplemental Declaration for phase SA o(CeaWaich: C)~>C - $ - _-
_ ,~ ^' I _

,_
~ ~
,,
- i =
_~~I -
rTttst "`'2
" _ , >~ 36993 Book 2038Page. 575
__ = -,_
Bank of America, N.A., as beneficiary under a Deed of "Trust encumbering the property
'described in this Supplementa,l_Declaration, said Deed of Trust being recorded in Book 1299,
Page 1 135, Brunswick County (tegistry, and the undeeslgned,T~rltstee under said Deed of Trust,
join in the execution hereof for the Rui•Pos~ubp[d@rfaltng and subjecting said Deed of Trust,
as amended, to this Supplemental D¢cl`araEi n~' _ „_;;,
Bank o(A~mc'~`/ca,/N~.A.
Vice President
- = PRLAP, Iqc~, ~'ru`~tee
~~~
~ ~~~ ;
i - ~~ ~ ~ ~ r~ airy,:
- ~- ~~~~"'~'~~~_%' Vice President
_ ,: ,,
NORTH CAROLINA. -BRUNSWICK COUNTY -'
1, ~~ ~5~~1.tr"nE'1' ~ '~ a Notary Public of said County and State, certify
that ~-~~~pyre~^ personally' came before me this day and
acknowledged tha she is .~,.~~~ Vice President Qf BANK OF AMERICA, N.A., a
corporation, and that ~he as''- ., Vice ~ Pces'~Irt, being authorized to do so,
executed the foregoing on behalf of the cotj~ ~ ~_,,,~,p~'
'Ir',nl''I~ ~ 1~ ~~((
l ~ ~ "~ °~~ `t.
,. ~,.,,....~.~ ~aYsedl~~~~ ~ day o#"~20
- ~_.
Notary Public, North Carolina ~ ~'~`~~ rs
COUNTY OF NEW N0.NOVER r`.GIJit I/1~5,`ir 'I~~
••_ MEUSSATURNERKEPLEY
MY Comm. Exp. Feb. 28, 2009 '~~ Notary Public
My Commission Expires:
;a ~ ~ ^l
NORTH CAROLINA - BRUNSWI~~O4~I~Y~ ~
1, ~;S 'Ca~~e~ary Pubic of said County and State, certify
that (D• persoTtail~-Jame before me this day and
acknowledged that he is Vice President of PRLAP, INC., Tmstee, a
corporation, and that®she ash' Vice President, being authorized to do so,
executed the foregoing on behalf of the corporation. /~ ~~/
~ ffcial seal, this day-o~~>Zeml~r, 20U`fc
OFFICIAL SEAL - _ ~ ~ ~',
No~ry Publlc, North Carolina ~ ~ ` = ^
Se uNroFNEwruNOVER ~ , j ~ I i" ~ ^n • ~; 1~. .u.~`,~~~1~,~t-~,/-
MELISSA TURNER KEPLEY~ i ~_ _ J~; ;tit' ~t ~ `/ J1
," My Comm. Exp. Feb. 2B, 2009 ~~- ---~ Div ~'~_y~,- - _ Notary Public
My Commission Expires: c~.~c7-O ~[ J"1
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK C (~
The Foregoing (or annexed) Certificate(g) of ~-11C~ ~J 1 ~ (t l~C.L I SS A ltt'ftfl~~~~y
~~,_ ~_
,_
Notary(ies) Public is (are) Certified to be Corrl'cr ~ rr/ ~r^
This Instrument was filed for Registration on this I f (~ Day oC~ U~~~') ,
in the Book and page shown on the Firsi-Page hereof. -
RO E J. RO INSON, Register of Deeds

V,~~
V ~q~^ ~ U -
n~I~~1 22 ~~ Bnms<+rick County-Regisl:er of Deeds
~~ GJ ~%~ ~ ~ i~~rorc~t J. Robinson
~~1~~~~~~a~1.1/09/2009903:59:35pn RE~cMB •7~O /_
RET~J~
Ca TOTAL38 REV TC# aa4~~s r, ,~ ~~
REC# CKAMT_ ~`~. ~L~~~
CASH CK# ~ ~~~~
REF gy--~~~ .~ ~.n~~~ t~~~~~d~~a
s~"v''lemental Declar '~ ~f
ProtectivcQv~~i~ n a ments
SeaW'a~c at S~b~~Phase SB
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on November _~, 2004, by
SeaWatch at Sunset Harbor, )EnF~ a North Carolina cor~ r iqp ("Declarant").
~ I~
~~~~t
(~~ pp~~ QDG'l~ffl~II~IZ~e14
WHEREAS, Declarant is~the ownet"~~~erty located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of SeaWatch at Sunset
Harbor, Phase SB, recorded in Map Cabinet 31 ,Pages o1 oZ.lo
Brunswick County Regis( (hereinafter referred to a "Plat") (the numbered
lots shown on the Plat are h after refe bit ~dly as a "Homesite" and
collectively as the "Homesites;" }~~~mmon Elements shown on
the Plat are hereinafter r~'e~}~ 1~11rc6vely a~la~fig'aa$perty").
WHEREAS, Declarant lexecuted a Ma~~~DecYal~tion of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864, Page 714,
Brunswick County Registry (together with all amendments thereto and supplemental declarations
recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise
defined herein, all terms definedLin the Master Declaration sha~ have the same meanin s in this
Supplemental Declaration); ~~~ „ ~ p I~ g
~Q~ ~~~
WHEREAS, the Master )~e~l,~~~i dStatflishe~~~gwenants, conditions, restrictions
and easements running with th _ 'rt~1`Jmclt~'(~~pr~i~s !!~~n~~s~~setting forth certain functions and
duties of SeaWatch at Sunset I-Iarbor Property Owners `~~C~'sd'E'iation, Inc. (the "Association") and
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant;
supplememal Declaration for Phase sB orscawalt~hDOCPrepared by: Schell B~~yFUCk Abel & Livingston P.L.L.C. (JAM)
~ ~~~ i~j (Without Title Examination)
li'I,_II f,;~(~i~'~UC~~ n,io'n,~~~rsp~~k:7L7
~,
` ~ ISLs; ~L;
~~ ,, I I
rr l ~G ~ ~ (. I LL

,,~~L~c ~ J~pf~
~~ ~~ O ~~ ~n~rs~~~~a
~~~p~~~~~t # 236994 Book 2038Page: 577
WHEREAS, the Master Declaration provides that Declarant may annex additional land
into the Development, and Dec'1~rant wishes to anr~pl~~l~operty into the Development by
recordation of this Supplemental Decl`~•a'xatiopl ((~~~~~~II GG ~%
(~ ~ ~ ~ ~.1Lt(f(fIf' ILA
WHEREAS, Declaran~bls'b~desitii~a,/~~ect tie ~'roperty to certain additional
covenants, conditions, restrictions and easements isXlt~~urpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be hid, sold and conveyed subject to the covenants, conditions,
restrictions and easements contar~"~~ in the Master and to the following additional
covenants, conditions, restrictions anY_Ta~' ~s~~ XL ~~shall run with the land and be
binding upon all parties having r~~~j I r er~,s,~,~~ roperty or any part thereof, their
heirs, successors and assigns, ar~h~H i```"n-----u"'''r~Q~~~'t o eac owner thereof.
~~
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common Elements shown on the Plat are hereby designated as Common
Elements, as defined in the Master Declaration. Driveway connections for Homesites 596
through 602 shall be to Ella Circl~tac,Florie Court, no~t,t~l~}~i~i~a Boulevard.
w`~`qa L ill ll~~
2. Land Use and~~l~J ~~^,~j,~~s shall be uy d for residential
purposes only, and no structur I be e ~~a owe to remain on an Homesite except
one detached single-family dwelling not exceeding •~~'~.~~0) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered to be an outbuilding for purposes of this restriction). No dwelling
shall be erected or allowed to remain on any Homesite unless the construction of such dwelling
is substantially performed on t~i'~mesite. No mo~~e, mobile home, manufactured
home or geodesic dome shall be erec~cdaor ~~~~~'''' n any Homesite. No street shall
be laid out or opened across or t~(Q~ ®r ~m site. N~~~,~mesite or any structure located
thereon shall be used for the m~n4lfdd~re ~~/~ any air rt cTe or for any commercial purpose
whatsoever, or for conducting any business, trade o~~~p~x~SSion that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary sales office and/or model with the prior written consent of
Declarant.
3. Resubdivision a(Vd~~C,ombination. esrte or Homesites shall be
resubdivided, combined or any bd'i~~ary ''~~ a~~out the written approval of
Declarant. In the event that any s,~ ~~a~~~SJa p oved, the resulting Homesite or I-[omesites
shall be shown on a recorded. p~t „ii11~" ts,~~t`~b~~; restrictions and easements set
forth herein shall apply to each resulting Homes~~~~~{~Q
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the following provisions shall apply to the Homesites:
~~w,~.
Supplemental Declaretion for Phase SB of SeaWatdr.DOCr~w; ~~~ ( ~L~%~
/O ?
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~~ ~~L~(,~i~~~~~st ~ 236994 Book 2038P e:
ag 578
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite mus~'~e~reviewed and appr . ~t,he ACC. By way of illustration
and not of limitation, improvements`~eguir'n p~i~~~i~lude any dwelling, outbuilding,
paving, fence, wall, exterior tltp~ e i ~~~~r,g~'~~' amental or functional exterior
features (including flags, plant, ~t ues,~1~ aments;~ir~ feeders and bird baths, any of
which ornamental or functional exterior features m~~~'tit~tibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowering tree or shrub, shall be cut without the prior written consent of
the ACC unless it is in the area of a Homesite approved for construction of a structure.
`~~v,
,~~ ~
(c) The review and appal p ~~I ucted in accordance with the
Master Declaration and the arch't' I i t ards and uidelines ado ted b the ACC, as
amended from time to time. rao~~o~c n ~~~i en~o~c'~`ear~`ing, grading or construction, the
Owner must submit an application with two 1~~~'~~~ sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application fee and a construction bond or deposit, as provided in the Master
Declaration.
``'n-.,.
~~~
(d) Once construction of`va~.t~vell' ~~ ~~~~o nced, it must be completed and
ready for occupancy within twe~v~~~~ll landscaping shall be finished upon
completion of the dwelling, we~ ~t~@j d i ~~~~n~' later than sixty (GO) days after
the date the dwelling is occupied. Upon written r~e Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of constriction
~or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shall a certificate of completion be construed as providing any
assurance regarding the qualit~~~~ess or suitability i materials or construction, or
compliance thereof with any applicabl~er i i ~~other laws.
5. Minimum Dwell~i ~i~k.`~1~~ ~s~ia~~~~e`rected or allowed to remain on a
Homesite unless the total floor area of the heate ~`n the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least 1,800 square feet.
6. Building Location and Setbacks. The ACC shall have the authority to
determine the specific location of any dwelling or other structure on any Homesite; provided that
no dwelling, detached garage or`~dt~er outbuilding shall ~~d or allowed to remain on any
Homesite nearer to any property line t~-iay~i the nes shown or described on the
Plat, unless such a setback is waive I or ~~~ bth~e4ACC.
7. Stormwater Managel ment; mp~ivo~f~~;~face Coverage. The covenants in
this paragraph are intended to ensure ongoing compliance with the State Stormwater
Management Permit for the Property issued by the Department of Environment and Natural
Resources, Division of Water Quality, under NCAC 2H.1000. Tlie State of North Carolina is
~~'~` s~ InI~,
SupplemeNUl Declaration for Phase Sa o(ScaWatch.DO`C°".- a' ~~ ~ J.,~~ I~
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l ~-~ 1 ~`J , ,v~~~~~Q Ir~s~ ~ 236999 Book 2038Page: 579
~Q
made a beneficiary of these covenants to the extent necessary to maintain compliance with the
Stormwater Management Permit. These covenants pertaining to stormwater may not be altered
or rescinded without the expre~~ written consent of the a of North Carolina, Division of
Water Quality. Alteration of the `~f°ttinage ass (~ t~~~j~proved plans may not take place
without the concurrence of the Divis'o ~ ttal~ The maximum permitted built-upon
area er Lot is 5 000 s uare felt. ~~L~so~J~inOii~.any built-upon area constructed
within the Homesite boundariesl, nd that paifti~ -of-wa between the front lint; of the
Y
Homesite and the edge of the street (back of the cur ~, uilt upon area includes, but. is not
•limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches; swales, etc..)
associated with the developmeft~ except for average driv ~~1v1 crossings, is prohibited by any
persons. Filling in, piping or altg, ny desjl~~~~t~b~utlet swale associated with the
development is prohibited by a-n-y~~ r ~` a ed buffer must be maintained between
all built-upon area and the tr~~a~r~~ r line waters. All roof drains shall
terminate at least 30' from the can high v~3~~~i tts project has a curb outlet system.
Each designated curb outlet swale shown on the appro ed plan must be maintained at a
minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper
than 5%, carry the flow from a 10 year storm in anon-erosive manner, and maintain a dense
vegetated cover. Such swales are located in either the Common Elements or a drainage ea>ement
as shown on the Plat. °?n~, n
~~~~
~'~ Q~
8. Outbuildings and ~p(~ ~~y Structures. No detached garage, shed,
workshop, pool house or other t Ltfi+Cg ~,~ be e(!~@~id~ed or allowed to remain on any
Flomesite without the prior writ en approva oi'~€~~d no Flomesite shall have more than
one outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior written approval of the ACC. No structure of a temporary
character shall be erected, plac " ~ r allowed to remain on an (~omesite, nor shall any building
materials be stored on any Homesite. ~o tent f~rldPother outbuilding shall be used
as a temporary or permanent residen~,e~ ~ ~ v v
w (~OCJ®(~l~IIc~£Y14
9. Fences, Walls, ayground~~i~i~'t'i~h Sighs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the ACC.
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behind the rear line of the dwelling. No billboards, posters or signs of
any kind shall be erected or alletvL~~d to remain on any Ho si~tg except (i) a name and address
sign, and (ii) a temporary sign rel'fh'ng const ;~t~relling on such Homesite by a
licensed contractor; the design of such~i~s a approved by the ACC.
uu~i\\ aacrc~~r~m~~a
10. Outside Antenn nd Sate~i~~ ~~1 outside radio or television antennas,
satellite dishes or similar devices shall be erected o~r al ~ow~~to remain on any Flomesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time.
.~~~~ I
Supplemental Uecleration (or Phase SB of Seawatch.U(@C~-`„ - 4 - rl /~ ~
~~~ ~~~,~
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`' ~ ~~~~G~~~~~a7ynst # 236994 Book 20381?age: 580
il. Fuel Tanks and Storage Receptacles; No Clotheslines. The placement,
screening and maintenance of feel storage tanks and recep[acl for garbage, trash or lawn debris
shall be approval by the ACC, w"hial; may requir fuel~~ratanks to be buried. No outdoor
clothes poles, clotheslines or similar'~~~gf~~•~~~~~tie'/fplVaced or allowed to remain on any
Homesite. ~ n ~ ~f ~~;~~~,~~Q
11.11 ~'~` G~~~i~ ,•:~
12. Boats, Trailers and Certain Vehicles.boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a standard size pickup truck maintained for personal use shall not be
considered a commercial vehic(e~for purposes of this restrictio Violators may have their boat,
watercraft, trailer or vehicle to~~ y the As iati t~ owner's expense. No boat,
watercraft, trailer, or vehicle of any t ,' ~~ it er permanently or temporarily, on
any Homesite prior to completi~ e n~of th~v~flon such Homesite.
~~OG~~~~
13. Animals; Nuisances. Dogs, cats and o~fi~ household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kep{ or allowed to remain on an lomesite for any purpose. No
noxious, offensive or illegal activ[ti shall be ~r~Lcta~~y Homesi ~ nor shall anything
be done on any I-Iomesite that is a nuis U c r~ oya to the communit .
nn ~f ~~~r~r~zr~rz~a
14. Maintenance of`~ mesite~ ,ovements. All Homesites shall be
maintained in a sightly condition, free of debris, r ~h, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. if the Owner of a Homesite fails to
comply with these requirements the Association shall have the right to cause such maintenance
to be performed and to charge the ~'e~t thereof as an~sr~~at ttributable to such Homesite as
provided in the Master Declaration. ~ ~~~ (L !s"'~
„I~nl l~D~(~ffll~flGl de
15. Repair or Remo 1 Impt~" ny improvement damaged in whole or
in part by fire, windstorm or any other cause must eptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause suc~i restoration or removal to be erfonned and to charge the cost
thereof as an Assessment attributa`'~'e,~~o such Homesi q-a~r~i i i~ in the Master Declaration.
d~ ~( (~
16. Wells and Irriga~~~~ g sits. ~~~ c~~~ be drilled, installed or allowed
to remain on any Homesite fo mg ~~~~ her household or potable water supply
purposes. A well may be installed on a Homesite of r`i~pn purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
>~.- n
Supplemenml Declaration for Phast Sa oFSeaWa~dS`~C - S - ~ ~ ~~~ I I
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l ~-~ U Ctb",~`gC~~~~~~~ # 236999 Book 2038Page: 581
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
~~?~,
mss?
17. Lakes and Ponds. use kb , or any portion thereof, located
~~~~
within the Property is subject ton~alp~ uk ib~s of the Association, which may include
prohibition of use. To the ex~e , t l~gr d'Pfr"~'f~ffc~~~gake or pond is located within a
Homesite or abutting the property line of a~~~~t~ Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to storn~water runoff from within such Homesite.
18. Wetlands. Certain Homesites may contain wetlands subject to U.S. Anny Corps
of Engineers regulatory juriscfb~~n. Filling, gradin eo mating and other land disturbing
activities are prohibited in such wetfai~,~~nnon ~~f~ihr~e'y,~ ''~V''
19. Easements. D~~\~`lic~re . reser~~tt~lf, its successors and assigns:
(i) easements for drainage and u ~lities on al ~ C~4~~ng all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) o er easements as shown on the Plat
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specified on the Plat or in the Master Declaration, together with the right
of ingress and egress over anek~~on the subject grope o~~ such purposes. Uses of utility
easements may include, but ~slaa„d~ not ~~~~~ electric, cable television,
telecommunications, water supply e a Ci~~atron. All such easements are nonexclusive
and shall be assignable, in whc~(!~~i ~a~~the A~~ato public utilities, and to other
providers of utility services. O~G~/'~~~QQ
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declaration, the ACC may waive a violation of a
'covenant condition or restriction by appropriate instrument in writing. Otherwise, Declarant
may waive any violation of the~~enants, conditions and r tr' lions set forth herein, or release
any of the easements reserved her`~r~ ap r ~ [~ in writing; provided that any
waiver of paragraph 7 shall require a ~~,,t~ ~ivt~n of Water Quality of the Department
of Environment and Natural Re~ ~~appr~~cial or authority of the State of
North Carolina. OG~(,~,~Q~~
21. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven percent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; protc~ded that any such amend e t must be recorded in the land
records for Brunswick County, Nort~olina i 'e'-b~~etive, and any amendment prior
to December 3l, 2033 shall regm ¢ kl~~l~en[ of Declarant. Any amendment of
paragraph 7 shall require appr ~I~I~~G~isionn&'Y~~feP~Quality of the Department of
Environment and Natural Resou~es, or other ~~~]it~fficial or authority of the State of
North Carolina.
.~.~ ~~
Supplonental Declaration for Phase Sa of SeaWatchnD(3hIn„ - 6 - ~~/~~~
n II~rI J~7~~~j1~'
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11 OG~~~~s~~lk 236999 Book 2038Page: 582
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and'shall be biriiTiy on all owners of s s and all Persons claiming under
them. This Supplemental Declarat b~~ay~ ~~~ t'~a e~~ the affirmative vote or written
agreement of Owners of property i ~~Q~ p n to which at least eighty percent (80%) of
the votes of all the Owners ~ ~ l~c'at"e ~~sc~ ~de~~ai 4brder to be effective any such
termination must be recorded in the land records `~~~ivick County, North Carolina, and any
termination prior to December 3l, 2033 shall require the written consent of Declarant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
"the State of North Carolina. The easements reserved herein shall run with the land subject
thereto and shall be binding o~~a)1 owners of such la~ 11 Persons claiming under them,
except to the extent that the Persor~~~Pers Y~g ~ b~tsan easement have released such
rights pursuant to an instrume~tfr,te~¢~ti h land records for Brunswick County, North
Carolina. IIJJ~~JJ\\JJ ~~®ffff~~a
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Flomesite shall have the right to enforce, by a proceeding at law or in eyuity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate the sam~~~ther to restrain the 1~i~1 or to recover damages. Failure
by any such entity or person to enfor~,~any vv~ nditions or restrictions set forth
herein shall in no event be dee ~ ~fJth'eti ht to do so thereafter. The State ot'North
Carolina shall have the right to p ra;jF~7~~~i~~ffIIC1~a¢
Z~G'~Q
24. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to an}~ other
property now or hereafter owned by Declarant, unless such other property is subjected to such
covenants, conditions, restrictions and easements pur§uanf to an instrument executed by
Declarant and recorded in tlie"''~md records for Br ~t~~County. Without limiting the
foregoing, this Supplemental Declar~an s ~ property designated on the Plat
for future development. The i ~~ atrtrt hereunder shall inure to the benefit of its
successors and assigns if so spe~'~t'dd`in a`n p~~ ~execu~e~'iy Declarant and recorded in the
land records for Brunswick County; provided, t at~~`'~girement of designation in a recorded
instrument shall not apply to a mortgagee who acyuires title by foreclosure or deed in lieu of
foreclosure to any property owned by Declarant and now subject to, or subject to annexation by
Declarant under, the Master Declaration.
25. 5everability. Inv'ia~'~ation of any provis ~~of shall in no way affect any of
the other provisions hereof, whichnnslt~~4tc~co ~~~ill ~f ~ki~ffect.
[Rem~u1de~~~t~f'a~~~~~~g~`~~f dank]
Supplemental Ueclantion for Phase 5a ofSwWalch.U~7CKa„ (( ~~ f
(~1~~~~ ~
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~~~~~~~36999 Book 2038Page: 5.83
~ ~ •~.~ .
{;;0~
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the
day and year first above writteri`~~~s_ ~ n fl
NORTFI
BRUNSV
1, tify
that MAF
. is
President of SeaWatch at Sunset Harbor, Inc., a corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of the corporation.
nah„~~r A ~~~
S/lj~ 4jaN1TNESS my hand and official seal, this thed'2~day of /~/~ , 200 `~'
F1Qb~arJt Se61) "`Yq~ L
•t :4i ~~ - ~~ Q .
~; d ~Gci : n (~M(~~
P U g4~ ~+ -` v U v C~G~yO~~~ otary~ublic
~~ ~' Nty ,~rtrission Expires: ~~.~Q
~' EF . Cl1~gWtiiission Expires November 7, 2007
n ~ ~ ~ ~ NJG`~(f(fflc~Ria4
lil ~~~(5'(r~~~y~
~~~~~~Q3 ~~~~~
~ G~O~~ ~~~~,~~~Q
~~~~~~
-~,.
~~~~
supplemental Declaration for Phxse SD or SeaWatch.DOE~~,^ ~~~~~~~
((~) ~ e~a~s~!~II~rrrra
~~~~ ~~Uis~, -~
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~.
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~`' ~ ~~L(~1,~~~-cI~~ R 236999 Book 2038Page: 589
Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County~c~~try, and the unders' ne~ rustee under said Deed of Trust,
join in the execution hereof for the ~tr,,~ose ~~~~ 9h~1 subjecting said Deed of Trust,
as amended, to this Supplemental e '~'
(~" ~' c~a~~r~II~xac~
~~' ~Ban1t~I'~~i~,,e~r~tca, N.A.
By; ~ ~+.~
Vice President
``'~~~ PRLAP, It ~r stee
~ ,- ~ D
~.`n ~ ~~ Sfn-i
M U~J (I~~j~~s~~'~'~ff Vice President
~~~~Q
NORTH CAROLINA -BRUNSWICK COUNTY
I'U1el~~TLtt~'
that . 1('~r~ N. ~ 1~ r v
acknowledged tha~e she is
corporation, and that~i sh
executed the foregoing on bt
e(, a Notary Public of said County and State, certify
personally came before me this day and
~' Vice Presi end ~f~ BANK OF AMERICA, N.A., a
as ~i e~P~ i~"ent, being authorized to do so,
Notary Public, North Carolina
COUNTY OF NEW HANOVEH
MELISSA TURNER KEPLEY
My Comm. Exp. Feb. 29, 2009
t"rF((fZZT99//.~~vv~...... ~ (~fft7ti;IL~a14
seaf,tFf~~~~of ~1n~eyvtbe~0~`/~
Notary Public
My Commission Expires: ~~~ (1
(gin ~~~~G,~
NORTH CAROLINA - BRUNS~I~)'';t'E~3~,](~~~~~~~~~a
I, r~ ILl(' A- a Notary Public of said County and State, certify
that personally came before me this day and
acknowledged that he h is Vice President of PRLAP, INC., Trustee, a
corporation, and that~he as Vice President, being authorized to do so,
executed the foregoing on beha'(~~f the corporation. a-~ n ~
OFFICIAL SEAL
lary Public, North Carotin -
W NTY OF NEW HANOVER
ISSA TURNER KEPLEY
Comm. Ezp. Feb. 28, 2009
My Commission Expires:
STATE OF NORTH CAROLINA ~,~_
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public is (are) Certified to be Correct. ~{.{~
This Instrument was filed for Registration on this ~ Day of
in the Book and page shown on the First Page hereof.
,~
EI2T J. RO IN~ON, Register of Deeds
(1".~'('i_II~U

~~~~~
~n1 (~9UvJC~(~(~ID~11/RI4
`~~ ~ C~~ti~~~~~ itJc Courtty~--Register of Deeds
u rt J. Robinson
Inst #260409 Book 2124Page 769
04/14/2005 02:ll:llpra Rec#
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~~~:~C)~~ ~~~cor~~d~~,Q
NO ~~~~ RET '
Q TOTA REV _ T '~
REC# CK AMT_ CK
CASH RBF BY
Supplemental Declaration of
ProCe~t've Covenants and ~~~nents
~~~~ ~ ~ ° I~
Sea l~e~arbor~P~hQase 6
~~om~>~t~s~b~~~
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on ~ 2005, by
SeaWatch at Sunset Harbor, ~nc., a North Cazolina corporation `Declarant").
,n~~~ ~ n
-~~ p Illy
~(~ e
WHEREAS, Declarant~t~~-bt~rte~ o rt t~~~t located in Brunswick County,
North Cazolina, and more particulazly describe~~~"g~~Q
Being all of the property shown on those plats of SeaWatch at Suuset
Harbor, Phase 6, recorded in Map Cabinet ~'~, Pages /QG 9Q ~
Brunswick County Registry (hereinafter referred to collectively as the "Plat" (the
numbered lots shown ~ e Plat are hereinaft of ed to individually as a
"Homesite" and collective ~ the " s , ~omesites and Common
Elements shown on the ~ ~ ~9~i~~~ferred to collectively as the
"Property'. n n~,~~ mc~or~r~rt~aaa
lJ ~aOG~~~~~jaa~~~~
WHEREAS, Declazant executed a Master Declamation of Protective Covenants and
Easements for SeaWatch at Sunset Hazbor and caused it to be recorded in Book 1864, Page 714,
Brunswick County Registry (together with all amendments thereto and supplemental declarations
recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise
defined herein, all terms define~bn the Master Declazation sh 1 have the same meanings in this
Supplemental Declaration); o~~~ ~~~~
~ lJ
WHEREAS, the Maste~~y~~fti-i;st~b ishe,~cr,}~gvenants, conditions, restrictions
and easements running with f' mc`~~'li~~ ~,~}ons setting forth certain functions and
duties of SeaWatch at Sunset Harbor Property Own~~44~ciation, Inc. (the "Association's and
154601_2.IbC Prepared by: Schell Bray Aycock Abel & Livingston P.L.L.C. (JAM)
(Without Title Examination)
i'~~,~a n
}
.
_~ /u/~
~~ ~ ((_~,~~~ r
~~~~u J~~

(1 ~ G~~ (Ui~ ~ ~ In~Lp#~t1909 Book 2129Page: 765
~~
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant;
WHEREAS, the Master'~T~gclaration provides that DF rant may annex additional land
into the Development, and Declarartt~wishes e :~l~~perty into the Development by
recordation of this Supplemental D ``
~~~~~ ~~ e~c~r~rrr~naa
WHEREAS, Declarant also desir~~~~sfil~e a Property to certain additional
covenants, conditions, restrictions and easements for e ~urpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be h~ sold and conveyed sub' t to the covenants, conditions,
restrictions and easements contai the Mas ~~and to the following additional
covenants, conditions, restrictions ~ hich shall run with the land and be
binding upon all parties havin~~~ e r inte~g;~operty or any part thereof, their
heirs, successors and assigns, hhii s all in t~hR~~~ each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declazation.
The streets and other Common Elements shown on the Plat are hereby designated as Common
Elements, as defined in the M~sFer Declaration. For any Ho site adjoining an alley Common
Element located to the rear or sid('c 23,~1,he Homesite they 5 y connection shall be to the alley
and not to any street adjoining the ~~~~~~~ sr e.
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2. Land Use aadl8urldmg 1~~~Homesites shall be used for residential
purposes only, and no structures shall be erected or to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is wnsidered ~9 be an outbuilding for purposes of this restriction). No dwelling
shall be erected or allowed to re``~la}~ on any Homes' ~ ~e construction of such dwelling
is substantially performed on the I~i~esi o e, mobile home, manufactured
home or geodesic dome shall f ~ to remam on any Homesite. No street shall
be laid out or opened across F- a~ s~®~~o~bmesite or any structure located
thereon shall be used for the manufacture or~~ii' a icle or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary sales office and/or model with the prior written consent of
Declarant.
~~~~
3. Resubdivision and~mb' ~ ' ~esite or Homesites shall be
resubdivided, combined or anrt c{ d ~~anged without the written approval of
Declarant. In the event that a~i~c}~~ a~pf$~F~;$fi'~~Fesulting Homesite or Homesites
shall be shown on a recorded plat and the cows c[r gitions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
154601 2.DOC - 2 -
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4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the following provisions shall apply to the Homesites:
~e._~,
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(a) All proposed impr`o've ents { ~j including any alterations or
additions, on any Homesite must b ~ ~pp~ed by the ACC. By way of illustration
and not of limitation, improve ,~~'' ~ a pm~a1'~$ritlude any dwelling, outbuilding,
paving, fence, wall, exterior tin ex e~~n~,,~a ornamental or functional exterior
features (including flags, planters, statues, lawn ornamehtS; bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowerip~~gg tree or shrub, shall be cu ~thout the prior written consent of
the ACC unless it is in the area of'a~4mesite a rouyth ~r~ction of a structure.
(c) The review andl ~ s stgb}~pp~ducted in accordance with the
Master Declaration and the azc}~t~ural~~~4Cs~,aj~~-r and guidelines adopted by the ACC, as
amended from time to time. Pror to commencemen~l' eazmg, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application ~qe and a construction bond or posit, as provided in the Master
w~~
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(d) Once constructi `fa ~IUin~has ~~nced, it must be completed and
ready for occupancy within I e (12) 1 an scaping shall be finished upon
completion of the dwelling, weather permitting, and~~vent later than sixty (60) days after
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved~lans as evidenced by a certificate of completion issued by the
ACC; provided that in no even{'"llh,~lna certificate of pfitr~ n be construed as providing any
assurance regarding the quality, fittiess o ' b~~~ ~, materials or construction, or
compliance thereof with any appl~p~rs a'ovc~~°~~a¢r other laws.
5. Minimum DwelliUUng Size. No~~~~~be erected or allowed to remain on a
Homesite unless the total floor area of the heated space within the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least as follows:
Homesites 681-697 and 736-753 1,200 squaze feet
Homesites 707-')~~807, 808 and 832-84~ ~ 1,500 square feet
All other Homesites`~~ 3 ~ ~~C ~ 1,800 square feet
6. Building Locat~`i~n~an clcs. ~~C shall have the authority to
determine the specific location``o=f~`any dwel ~~~'ri~ lure on any Homesite; provided that
no dwelling, detached garage or other outbuilding shall ` e erected or allowed to remain on any
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Homesite neazer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater M~'~„ugement; Impervious ur~f a Coverage. The covenants in
this paragraph are intended to °'~ehsnre ~~a~e with the State Stormwater
Management Permit for the Pro e~ s~ ~ e- epartrnent of Environment and Natural
Resources, Division of Water ~ ty,4Yn~~^~ICAt~013?b The State of North Carolina is
made a beneficiary of these covenants to e tee to maintain compliance with the
Stormwater Management Permit. These covenants pertain`Ihg to Stormwater may not be altered
or rescinded without the express written consent of the State of North Cazolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-upon
area per Homesite is as followsr,~~~~ n
~~ D I~
Homesites 681-697 an~ ~~~~ 4,000 square feet
Homesites 707-~2~~~ iPand 832/~I~di~u~~. 4,500 square feet
All other Home ~ es a0l,~~Q~,~~ 5,000 square feet
This allotted amount includes any built-upon area constructed within the Homesite boundaries,
and that portion of the right-of--way between the front line of the Homesite and the edge of the
street (back of the curb). Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, site, coquina, driveways, and p king azeas, but does not include
raised, open wood decking, orL~-'~~vater surfac o t~n~g pools. Filling in, piping, or
altering any 3:1 vegetated conveyance~,~d~~~~~ associated with the development,
except for average driveway cr~ IIfi~`` ((~~'' h ited llyge~sgns. Filling in, piping or altering
any designated 5:1 curb outl a ass~~the development is prohibited by any
persons. A 30' vegetated buffer must be maintaine t6~en all built-upon area and the mean
high water line of surface waters. All roof drains shall terminate at least 30' from the mean high
water mark. This project has a curb outlet system. Each designated curb outlet Swale shown on
the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 yeaz storm in a
non-erosive manner, and maintai~a~l~ense vegetated ca,~. p ~h swales are located in either the
Common Elements or a drainagnne nneas~~e e t~.(`h~~ '~
8. Outbuildings a~/Rbbls~ ~~~~uc~` ores. No detached garage, shed,
workshop, pool house or other outbuilding sh~a~l1~~~'~~ placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more than
one outbuilding (a detached gaaage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the pi'iaF written approval o C. No structure of a temporary
character shall be erected, placed o~`~~ow ~~~omesite, nor shall any building
materials be stored on any Ho e ~~~t,ti ,~a~~Per, garage or other outbuilding shall be used
as a temporary or permanent r~ .`%~ ~ ~°~°~~~~a
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9. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Iomesite without the prior written approval of the ACC.
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All p . ground equipment on an mesite must be approved by the
ACC and must be located behind t 'tr~ear line o the ~(~I-l~'~~io billboards, posters or signs of
any kind shall be erected or allowed 3~e a ,may' mesite, except (i) a name and address
sign, and (ii) a temporary si~b~~~~,o struct~~at~~~grelling on such Homesite by a
licensed contractor; the design such pe ~~~~ a approved by the ACC.
10. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any Homesite, except
as permitted by the architectural design standazds and guidelines adopted by the ACC, as
amended from time to time. `~~~3
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11. Fuel Tanks and Stoa" ~e~~ Clotheslines. The placement,
screening and maintenance of ~~}}~~II ~~ Land ~p~~lg.~for garbage, trash or lawn debris
shall be approval by the ACC,I~f+h~;n~m~ay~f'~klir~ storage tanks to be bwied. No outdoor
clothes poles, clotheslines or similar shvctwes s ai~l'~~laced or allowed to remain on any
Homesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehic~e, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twent~.fapr (24) hows on ~ site, except in a garage with the
garage door fully closed (a standarde ~ ned for personal use shall not be
considered a commercial vehic i s~ s ~,)a Violators may have their boat,
watercraft, trailer or vehicle by t~ ~a ion af"the owner's expense. No boat,
watercraft, hailer, or vehicle of any type shall e tether permanently or temporazily, on
any Homesite prior to completion and occupancy of the dwelling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained ie~c~ mpliance with all le laws and ordinances and any
rules or regulations adopted by the ~s``ciat' g t~therwise, no animals, livestock
or fowl of any kind shall be kep ~~~h~' ~~ on any Homesite for any purpose. No
noxious, offensive or illegal ac~t~s a ~nd~~~ny Homesite nor shall anything
be done on any Homesite that is a nuisance or~~t~to the community.
14. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other proptz;~y in the Development etermined by the ACC and the
Association in accordance with tfi~'aster D~/~~° Owner of a Homesite fails to
comply with these requirements, th ~ ve the right to cause such maintenance
to be erformed and to char e ?~~ r as an A~sse~-~t2attributable to such Homesite as
provided in the Master Declarati6n. ~'0~~~~~~~
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15. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) moritl~S~from the date of the casual$~ unless the ACC grants a written
extension. If the Owner of a Homede fails t~~~33~~v~~J~is requvement, the Association
shall have the right to cause such ~ `` ,~ovaY'to be performed and to chazge the cost
thereof as an Assessment attrib~t~~c omesiEd~`d'ed in the Master Declaration.
O/'~~Q~`~~/
16. Wells and Irrigation of Homesites. No w~~l shall be drilled, installed or allowed
to remain on any Homesite for drinking water or other household or potable water supply
purposes. A well may be installed on a Homesite for irrigation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation stems shall be designed or i gation water shall be filtered as
necessary to avoid staining or discc'~r~ng of sid~~e~~~~s ~ing or similar improvements.
17. Lakes and Ponlls~~f any l~rd~~ or any portion thereof, located
within the Property is subject lt~~'iJ~ les an~ '-` f the Association, which may include
prohibition of use. To the extent that all or an~i~n~~'f a lake or pond is located within a
Homesite or abutting the properly line of a Homesite, the Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such Homesite.
,ti~~
18. Wetlands. Certai'h'~Igmesites may ~~gi~~l~tds subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Q I ' ~~n ~ voting and other land disturbing
activities are prohibited in sucFl-r~~~ ~ off ~~
19. Easements. Declarant her~~~~~~i~~~' itself, its successors and assigns:
(i) easements for drainage and utilities on all Homesites along all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) other easements as shown on the Plat;
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance o~,drainage facilities and utilities across, on and under the ground,
or for other purposes as specifi~it'~,the Plat or in the clazation, together with the right
of ingress and egress over and upo`he ~~ o r such purposes. Uses of utility
easements may include, l~ ~mited to, electric, cable television,
telecommunications, water su sewer, ~' i a~~ff~~rch easements are nonexclusive
and shall be assignable, in whole or in part, to~~~Cpjation, to public utilities, and to other
providers of utility services.
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declaration, the ACC may waive a violation of a
covenant, condition or restricti~t~by appropriate instru e t ~'r writing. Otherwise, Declarant
may waive any violation of the co ts, c d' ' ~tkittions set forth herein, or release
any of the easements reserved ei a mst-vment in writing; provided that any
waiver of pazagraph 7 shall r ~u p ~ the DiftS'r~"~~AANater Quality of the Department
of Environment and Natural Resources, or o~~~a~¢~pr~~e official or authority of the State of
North Carolina.
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21. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven percg t (67%) of the votes of 11 he Owners of Homesites in the
Development are allocated; prov~ic~ hat an ~~!! ~a ~~ ~t must be recorded in the land
records for Brunswick County, No ~~td~ffective, and any amendment prior
to December 31, 2033 shall ~~~ itten cc~lsses~ta~rfV..Declarant. Any amendment of
paragraph 7 shall require appr~`o~a by th u~ ~~ Water Quality of the Department of
Environment and Natural Resources, or other appropr~fficial or authority of the State of
North Carolina.
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accgrdance with the provisions he f, shall run with the land that is
subject hereto and shall be bin~tn all owners ~~~~{t~d all Persons claiming under
them. This Supplemental Declaration a ~~j ~C y by the affirmative vote or written
agreement of Owners of prop ~@.~e pmer~~,~aat least eighty percent (80%) of
the votes of all the Owners ire 1 ocate~~>` i~j~ ~; at in order to be effective any such
termination must be recorded in the land records for~li, '` ick County, North Carolina, and any
termination prior to December 31, 2033 shall require the written consent of Declarant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Carolina. ,The easements reserved herein shall run with the land subject
thereto and shall be bindin on e11Jmowners of such I 1 Persons claimin under them,
except to the extent that the Person~o`~'r~'~' rr c~n~d~fi ga lean easement haveeleased such
rights pursuant to an instrom ~ ~`~~'"'n~~th~~li~®~~s~ for Brunswick County, North
Carolina. ~ ~~~~~~Q~Q
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate the sat~i~y'ther to restrain the or to recover damages. Failure
by any such entity or person to ettf~~Qalty v t~~~ditions or restrictions set forth
herein shall in no event be dee r ~t to do so thereafter. The State of North
Carolina shall have the right to~ o ji, 7 h'(~'f`.r~rt~~a
~,~~
24. Application of Restrictions; Declarant's fights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to any other
property now or hereafter owned by Declarant, unless such other properly is subjected to such
covenants, conditions, restrictions and easements pursuant to an instrument executed by
Declarant and recorded in ttPe~,; d records for Bruns County. Without limiting the
foregoing, this Supplemental Decn shat ~t~~property designated on the Plat
for future development. The ri ~aj h der shall inure to the benefit of its
successors and assigns if so spettr~fn ' ~tnirnentt~t`t+~lby Declarant and recorded in the
land records for Brunswick Co ty; provi h ; ~ irement of designation in a recorded
instrument shall not apply to a mortgagee who acquires tYtle by foreclosure or deed in lieu of
154601 2.DOC - 7 -
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foreclosure to any property owned by Declazant and now subject to, or subject to annexation oy
Declarant under, the Master Declaration.
25. Severability. Iri~~dation of any provision e~[~o-f-shall in no way affect any of
the other provisions hereof, which`stial~, r~ ainl i~g~llifd~~~}ect.
IN WITNESS WHERE ~a~has causts~strument to be executed as of the
day and year first above written. ~L~~
NORTH CAROLINA _
BRUNSWI COUNTY
I, a Notary Public of said County and State, certify
that MARK . SA ERS p rsonally came before me this day and acknowledged that he is
President of SeaW cb at Sunset Harbor, Inc., a wrporation and that he, as President, being
authorized to do so, executed the `f~ce~going on behalf ~ oration.
a~3
WITNESS my hand an~q~i(1~~~~tt4is tKe ~f ~~~~~i~ 200c~
(Notary Seal) U~..U.,.V.....p,~~~0~~2?~ a
s 2 ~~' ~~ i Public
My Commission Expires: ~ p~~, ~ ~ :t ~` s
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Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
join in the execution hereof for':`tlte purpose of subordinati d subjecting said Deed of Trust,
as amended, to this Supplemental D`e laration. ~~~~~
o ~~~~'
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By; ~!~~~
~~
Vice President
PRLAP, Inc., Trustee
.~~~ By. ~
j, ; , ~ ~ Vice President
rr~ U (NG0~~6ffII~pL14
NORTH CAROLINA - BRUN~iwll~/~ CO~~~~
I, ~Y~eI~sS0. I urner F~ ~ , a Notary Public of said County and State, certify
that J~P . ,~~r\P ~ __ personally came before me this day and
acknowledged that~i (she is ~~ _ Vice President of BANK OF AMERICA, N.A, a
corporation, and that(Ct~e she ~s~ -1'{~~ Vice President, being authorized to do so,
executed the foregoing on behalt`of~te corporation -~
~n J~ 1}/1 ~ !r"
~"~'~ s~Y'an ~"~l°f~R~~a~t~Vl lnnmh~~ 20~
i Notary PUbIF NEW HANOVEIR a ~' V ~ U~O~O ~~
.~ LIS~SA TURNER KEPLEY ' ~i`~~
My Comm. Ezp. Feh. 28, ?009 w _-
"m'" Notary Public
My Commission Expires: oZf o~`~~ ~C1
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NORTH CAROLINA - BRUNSWIC,~uCO~~
I, O ~ ~i~'~i~f said Gpµnty and State, certify
that n • J er p`~er~sS~~q~came before me this day and
acknowledged thattbe7s a is •~{np Vice President of PRLAP, INC., Trustee, a
corporation, and tha[)~/she as -~y~~_ Vice President, being authorized to do so,
executed the foregoing on behalf of the corporation.
•. WI$tS3e~tand d~i~cial seal, this ~~ o f ~ , 20~.
s Notary Public, North Carolina ~ ~
UN pFNEW HANOVER Q~
L~SB~TURNER KEPLEY ~ ~ /1
My Cumm. Exp. Fep. ?B. 2009 I I I~ G~
~"''~"" lJ ~W ~~~~!'~ ~~ Notary Public ~/
My Commission Expires: :~/ag 1U9___
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK NANCY E FORREST1MELISSA TURNER KEPLEY
The Foregoing (or annexed) Certificate(s) o~~
.~~~q3_ r9~~~1~ ~L^~
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V 1 rL ,/fin _;
Notary(ies) Public is (are) Certified to be Cbr-recd. J 14-t^l~`-~>~~~ <=•~, ~, April 2 OUS
This Instrument was tiled for Registration on this Day~ah-~~: _~
in the Book and page shown on the First Page hereof. ~ I ~ _1~ - ~ q!~-
Register of Deeds
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~~~~~~l~r`~~swick County-Register of Deeds
Robert J. Robinson
Inst #2.6251.3 Book 21.3'LPage 971
09/2 7%2005 12:06:39pn Rec# ZZq,(Q^j
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REC>x CK AMT _,CK#
CASFI REF EY
Supplemental Declaration of
Prot~iv^ti~e Covenant ~~ ~'ia~ements
SeaW~~s'~t~a.(f J~s~lase 7-A
Hom~~~
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on. ~ Irl I ~ , 2005, by
SeaWatch at Sunset Harbor, Tn~„~a North Carolina c~pgatlon (" eclazant").
~a~ ~((~y
~~~ ffffIIt~tlil4
WHEREAS, Declazant i~ e own~~f ~~i~xi~c~operty located in Brunswick County,
North Cazolina, and more particularly described as follows:
Being all of the property shown on those plats of SeaWatch at Sunset Harbor,
Phase 7-A, Lots 852-9~5~ recorded in Map Cabinet Pages a5~ -, as~
Brunswick County Regis ~ . reinafter re I ctively as the "Plat") (the
numbered-lots shown on the referred to individually as a
"Homesite" and colle~~}'v ~ ome~ffd.Homesites and Common
Elements shown on tYt ~ at aze ~~erred to collectively as the
"Property").
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864, Page 714,
Brunswick County Registry (to er with all amendments eto and supplemental declarations
recorded in accordance with the pro ' 'ons t~/(It~~ Declaration") (unless otherwise
defined herein, all terms defined ip ~l ~~ `ar~~ ion shall have the same meanings in this
Supplemental Declaration); J ~`J ~~0~~~~a
~~OG~(.s~n~~=QCs
WHEREAS, the Master Declaration establishes certain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
duties of SeaWatch at Sunset Harbor Property Owners Association, Inc. (the "Association") and
156351_2.DOC '~ .:?:, Prepared by: Scheel ~ ck Abel & Livingston P.L.L.C. (JAM)
~~`es ~~~(~ (Without Tide Examination)
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its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declazant;
WHEREAS, the Maste~;Declazation provides that Declarant may annex additional land
into the Development, and Decl~~,t wishes to ~'~th~e~operty into the Development by
recordation of this Supplemental Decl~ ataol ~~ ~ ~' ~~`'
n ~~~ U NJGic~~C~3It~~~c:74
WHEREAS, DeclazanMl~ desi~~~~ ~~eoit the Property to certain additional
covenants, conditions, restrictions and easements for ~e purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declazes that the Property is annexed into the
Development and shall be he1~ sold and conveyed l~ect to the covenants, conditions,
restrictions and easements contain~~ the 'D~l n, and to the following additional
covenants, conditions, restrictio~~e ~ n~ of which shall run with the land and be
binding upon all parties havingC t y}~mt~`~~{~~ Property or any part thereof, their
heirs, successors and assigns, and shall inure to Hof each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common~Elements shown on the Plat are hereby designated as Common
Elements, as defimed in the Mas,,Declazation. Fo y ~riesite adjoining an alley Common
Element located to the reaz or side o~ ~~t~~~ E~~way connection shall be to the alley
and not to any street adjoining ~ ~ d o ~i~~C~~.
2. Land Use and Building Type. ~I~mesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, - tios, a swimming pool ~ot more than one outbuilding (a
detached garage is considered to outbuil ' t of this restriction). No dwelling
shall be erected or allowed to rem i unless the construction of such dwelling
is substantially performed on ~i ~ i~ No fY~t~~~bme, mobile home, manufactured
home or geodesic dome shall be erected or jw~~~~r~f?~ain on any Homesite. No street shall
be laid out or opened across or through any Homesite. 'No Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary~"s~l~s office and/o~i~c~p~ ~th the prior written consent of
Declarant. ~~ ~Q ~ /fJ
3. Resubdivision ~Com$~t~~~a~o ~omesite or Homesites shall be
~~~~~~
resubdivided, combined or any boundary Ime ~6~h.ed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
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156351_2.DOC
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its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declazant;
WHEREAS, the Master„Declazation provides that Declarant may annex additional land
into the Development, and Dec~'~a~t wishes to ~ flje ~operly into the Development by
recordation of this Supplemental Decla~r~atyofr ~n ~/
n ~ (01 ~ ua~s~
WHEREAS, Declarant~J 11~ desi~3MC~3~G~~hjEp~t the Property to certain additional
covenants, conditions, restrictions and easements for purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declazes that the Property is annexed into the
Development and shall be held sold and conveyed ct to the covenants, conditions,
restrictions and easements containe the }~'cf~9,,~1~~n, and to the following additional
covenants, conditions, restrictio ~~~~~ `ajl of which shall run with the land and be
binding upon all parties having ~I~i o mt~"~i~,~`$( Property or any part thereof, their
heirs, successors and assigns, and shall inure o ~e~~of each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common~Elements shown on the Plat aze hereby designated as Common
Elements, as defined in the Mas`„Declazation. F~r~y ~}iiesite adjoining an alley Common
Element located to the reaz or side o~`~ie-I-~~n~t t~h~~(l'~eway connection shall be to the alley
and not to any street adjoining ~}~~ (~~ ~~~~.
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2. Land Use and Building Type. TtiZ~`~l~mesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, tins, a swimming pool not more than one outbuilding (a
detached gazage is considered t°~outbuil ' ~~ t~ of this restriction). No dwelling
shall be erected or allowed to rem 1 ~tt~unless the construction of such dwelling
is substantially performed on ~~~~v~ No fl~dl~'a~~me, mobile home, manufactured
home or geodesic dome shall be erected or a' li ain on any Homesite. No street shall
be laid out or opened across or through any Homesite. No Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary 1~a1~s office ~~~>~dp~ ~jvith the prior written consent of
Declarant. ~q; /~J l~
3. Resubdivision ~~Com ~o ~omesite or Homesites shall be
resubdivided, combined or any boundazy~~~ed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
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its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declazant;
WHEREAS, the Mastec,Declazation provides that Declarant may annex additional land
into the Development, and Dec`1'at'arat wishes to ~e ~roperty into the Development by
recordation of this Supplemental Decl'~r at~j~P ~it ~ ~ ~ ~`'
~~ ~~ U I r m~~~~~
WHEREAS, Declazant=%dlso des~31~~ ~~ ct the Property to certain additional
covenants, conditions, restrictions and easements for ~e purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be h' sold and conveyed ct to the covenants, conditions,
restrictions and easements containe ' _ the }~(D~ln, and to the following additional
covenants, conditions, restriction~{{ ~~~nY~; ~i~ of which shall run with the land and be
binding upon all parties having alf~ , ~~ mt~"~ Property or any part thereof, their
heirs, successors and assigns, and shall inure to~i~'~£1? of each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common. Elements shown on the Plat are hereby designated as Common
Elements, as defined in the MasDeclazation. Fo,~ ~xiesite adjoining an alley Common
Element located to the rear or side o ~1 t ~m~e- t way connection shall be to the alley
and not to any street adjoining z~ {~o~ rc~i~~~.
2. Land Use and Building Type. l~mesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private gazage for not more than
three (3) cars, porches, decks, - tios, a swimming pool not more than one outbuilding (a
detached gazage is considered to outbuil ' ~~~ of this restriction). No dwelling
shall be erected or allowed to rem t ~ tt unless the construction of such dwelling
is substantially performed on ~~~ ~ No fiY~~'~~me, mobile home, manufactured
home or geodesic dome shall be erected or ~~~ ain on any Homesite. No street shall
be laid out or opened across or through any Homesite. ~o Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary`~"s~l s office and/or ~i ~th the prior written consent of
Declazant. ~~n3 ~~'~ ~
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3. Resubdivision ~uyw Lomli~Q~~ ~o ~omesite or Homesites shall be
resubdivided, combined or any boundary lme ~~hed without the written approval of
Declazant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
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4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declazation, the following provisions shall apply to the Homesites:
(a) All proposed iinp~tl~ve~ments and IsF~al~ig including any alterations or
additions, on any Homesite must be " ie ~~3p '~i y the ACC. By way of illustration
and not of limitation, improver " ~~~-i~ appr~y~all! include any dwelling, outbuilding,
paving, fence, wall, exterior ~tg t~ng, e~it~;n`~~ or ornamental or functional exterior
features (including flags, planters, statues, lawn~ni~d~ts, bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowering tree or shrub, shall be u tthout the prior written consent of
the ACC unless it is in the azea o~ aG mesite~appFq~~f~~struction of a stmcture.
/an IU5 ~I 1J
(c) The review an ~ ~~ ~ cess §1R~'!'' 'onducted in accordance with the
Master Declaration and the arc~u~te~ctural deli n~~~~ttd guidelines adopted by the ACC, as
amended from time to time. Prior to commencement o clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application f'~~i~~~td a constructio~~~rlc~\c~deposit, as provided in the Master
Declaration. (~ r``~~O ~~~ L.,
(d) Once constructici[~# ~ dwdlls~ieenom~inenced, it must be completed and
ready for occupancy within twelve (12) mont~ls.Q~~ landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than sixty (60) days after
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling& 1 be occupied until it been substantially completed in
accordance with the approved p eviden ~~~ cate of completion issued by the
ACC; provided that in no event shal ~ mpletion be construed as providing any
assurance regarding the quali ~ uitabilit~~~gn, materials or construction, or
compliance thereof with any apg tcable pe ~ic~odes or other laws.
5. Minimum Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite unless the total floor area of the heated space within the roofline of the main structure,
excluding any basement, gazage and one-story porches, is at least as follows:
«~,
Homesites 852-875~,~91 ~ ~ ~~~ 1,800 square feet
Homesites 876-8~Q, ~~4 ~ 1,200 squaze feet
l J nn~r~~r~r~r~paa
6. Building Location and Setb~~l~~~!`T~e ACC shall have the authority to
determine the specific location of any dwelling or other structure on any Homesite; provided that
no dwelling, detached garage or other outbuilding shall be erected or allowed to remain on any
~`~~` s n
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Homesite neazer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater Management; Impervious Surface Coverage. The covenants in
this paragraph are intended`£i¢a~ensure ongoin r~l ce with the State Stormwater
Management Permit for the Proper~pa~iss t~elsaent of Environment and Natural
Resources, Division of Water i~~~~~'r~A~~~ The State of North Cazolina is
made a beneficiary of these c to fl?$,~e~ - necessazy to maintain compliance with the
Stormwater Management Permit. These covena~~l~ing to stormwater may not be altered
or rescinded without the express written consent of the State of North Cazolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-upon
area per Lot is as follows: ,~,,
~~~ ~ ~n
Homesites 852-875 an " ~~<<.~~~ 5,000 square feet
Homesites 876-~~$~ G~ e~~n~rII0 squaze feet
This allotted amount includes any built-upo~azea ~onstri3cted within the Homesite boundaries,
and that portion of the right-of--way between the front line of the Homesite and the edge of the
street (back of the curb). Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include
raised, open wood decking, or'~e water surface of mg pools. Filling in, piping, or
altering any 3:1 vegetated conveyan'~'~s (dit ,~(a ~~ssociated with the development,
except for average driveway cros ~ $ 3 an ersons. Filling in, piping or altering
any designated 5:1 curb outlet~~~le`~ss~la~i~~~~velopment is prohibited by any
persons. A 30' vegetated buffer must be main ,v~veen all built-upon azea and the mean
high water line of surface waters. All roof drains shall terminate at least 30' from the mean high
water mazk. This project has a curb outlet system. Each designated curb outlet swale shown on
the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or
flatter, have a longitudinal slop , no steeper than 5%, carry the flow from a 1'0 yeaz storm in a
non-erosive manner, and maintar~ense vegetated ve o h swales are located in either the
Common Elements or a drainage ease~Pt'gnt~ ~~~
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8. Outbuildings add'P o ; N~ Structures. No detached garage, shed,
workshop, pool house or other outbuilding shall bee ,placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have. more than
one outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by the~CC. No pool shall be cos cted, placed or allowed to remain
on any Homesite without the pnor~itten a C. No structure of a temporazy
character shall be erected, placed or ~ on any Homesite, nor shall any building
materials be stored on any Home ~~ampt~~cor other outbuilding shall be used
as a temporary or permanent res ence. ~G~~ ,~
9. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the ACC.
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No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behind the reaz line of the dwelling. No billboards, posters or signs of
any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
sign, and (ii) a temporary sigi~t;~ecting conse o~dwelling on such Homesite by a
licensed contractor; the design of suc~ ~rt~~ gnu ~~s a approved by the ACC.
~~ ~~ (4iF9C~6G~II~II~4
10. Outside Antenn~S~ ~ld at~llit~~~s~g~s. No outside radio or television antennas,
satellite dishes or similaz devices shall be erected o `al~d3~ed to remain on any Homesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time.
11. Fuel Tanks ana~ Storage Receptacles; N Clotheslines. The placement,
screening and maintenance of fue'~~Storage tanks -CCrt ~~ for garbage, trash or lawn debris
shall be approval by the ACC, whit ~8ifQ~storage tanks to be buried. No outdoor
clothes poles, clotheslines or s"~~i~~~r~iires shallird~rpl~~ded or allowed to remain on any
Homesite. ~' ~~~'~(,~~~~~~
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be pazked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a stafid~xd size pickup truck med for personal use shall not be
considered a commercial vehicle fo~~urpo ~ 'fir can . Violators may have their boat,
watercraft, trailer or vehicle t eltif ~~ ctation at the owner's expense. No boat,
watercraft, trailer, or vehicle oy~typ\ sl~~~st~O-~~~~~r permanently or temporarily, on
any Homesite prior to completion and occupancy e~d3gelling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained irk compliance with all applicable laws and ordinances and any
rules or regulations adopted by t t~~'sociation re~~t~ Otherwise, no animals, livestock
or fowl of any kind shall be kept or ~ any Homesite for any purpose. No
noxious, offensive or illegal ac ' _ ~e condu„~~~gany Homesite nor shall anything
be done on any Homesite that is~~-~i's~ance~~~~?c_e to the community.
14. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standrsd that
is harmonious with other prope m the Development, (determined by the ACC and the
Assopc~ tion in accorgance with eLl~~ster D~)~afr`b~i ~If lthe g caner of a Homesite fails to
tom 1 with these re uirements, th ave the ri ht to cause such maintenance
to be performed and to chazge th~~t~l~ $,~s an AsPfi~4t attributable to such Homesite as
provided in the Master Declaration. w~~G~~~~~
15. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
`~ <<~~
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156351_2.DOC -,7~~ ~~? ~ ~ (f'
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and the Homesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause such restoration or removal to be performed and to charge the cost
~'~.-
thereof as an Assessment attribdfabJe to such Homesit s~~~}v'ded in the Master Declaration.
16. Wells and Irrigat'~~`• ~~§ites. ,~p~iaall be drilled, installed or allowed
to remain on any Homesite f~rJ~ti-nkin~:t~~,~~er household or potable water supply
purposes. A well may be installed on a Homesite ~orYi~r~ation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
~:~. n
17. Lakes and Ponds: ~~use o /I~ ~~° hid, or any portion thereof, located
within the Property is subject to r~il~ ~frons of the Association, which may include
prohibition of use. To the ext r~ t~a~t`alt g~~~~y~~ pl~~ lake or pond is located within a
Homesite or abutting the property line o~a"1'I"~i~~~ a Owner of such Homesite shall be
responsible for maintaining the edge and bank of such l~e or pond and for controlling erosion
due to stormwater runoff from within such Homesite.
18. Wetlands. Certain Homesites may contain wetlands subject to U.S. Army Corps
of Engineers regulatory jurisd`itlazt. Filling, gra~ci~v{y~~ating and other land disturbing
activities are prohibited in such wetlands rU .9
nn ((~~ ~~~~~ ~ ~a~r~r~r~rt~a
19. Easements. D~el~r~'attt e~ s for itself, its successors and assigns:
(i) easements for drainage and utilities on all Ho~~long all property lines, measured ten
(10) feet into the Homesite from each property tine; (ii) other easements as shown on the Plat;
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specifiesi,on the Plat or in the Mast r eclazation, together with the right
of ingress and egress over and u .the sub' such purposes. Uses of utility
easements may include, but s t ed to, electric, cable television,
telecommunications, water sup$ ~ irrigri~6a~uch easements aze nonexclusive
and shall be assignable, in who or in p~ ~~~~ation, to public utilities, and to other
providers of utility services.
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declaration, the ACC may waive a violation of a
covenant, condition or restrictibft~~~ appropriate inst t~t(lin writing. Otherwise, Declarant
may waive any violation of the cove3ts, r~~ ctions set forth herein, or release
any of the easements reserved },g~ei , o a e instrument in writing; provided that any
waiver of paragraph 7 shall requlu~bJ ~p~r v~~~~s>on o ater Quality of the Department
of Environment and Natural Resources, or other ap~~rl~te official or authority of the State of
North Carolina.
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21. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven percent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; provided that any such amendment must be recorded in the land
records for Brunswick County, ~`brGhCarolina in rdq~1 i'~`e~fective, and any amendment prior
to December 31, 2033 shall re uire`~th ~~oid;x2ni of Declarant. An amendment of
pazagraph 7 shall require app~pga}~biv~isio~ter Quality of the Department of
Environment and Natural ResbarJ cues, or o~t`L~''d~p~r~ate official or authority of the State of
North Cazolina. 3
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and shall be bind on all owners of suc 1 d and all Persons claimin under
them. This Supplemental Declazatiott~nay b l~~n~by the affirmative vote or written
agreement of Owners of prope~ ip,l, ~ pent to which at least eighty percent (80%) of
the votes of all the Owners ~ ~t ovid~Q~~t~II1~ order to be effective any such
termination must be recorded in the land recorwick County, North Carolina, and any
termination prior to December 31, 2033 shall require the written consent of Declazant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Cazolina. The easements reserved herein shall run with the land subject
thereto and shall be binding on t'it1.~3jowners of such~all Persons claiming under them,
except to the extent that the Person~oY~~' r i g a li s to an easement have released such
rights pursuant to an instrum i e r~~'hls for Brunswick County, North
Carolina. ~ ~9G~~~~~~,~~Q
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and ructions set forth herein st any person or persons violating
or attempting to violate the same, eit to res // or to recover damages. Failure
by any such entity or person to enf Lb"v~ants, conditions or restrictions set forth
herein shall in no event be dee ~ti~~ tithe f~h~so thereafter. The State of North
Carolina shall have the right to enorce pazagr~'~d~
24. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to any other
property now or hereafter owned by Declarant, unless such other property is subjected to such
covenants, conditions, restricti~b'~~, and easements to an instrument executed by
Declazant and recorded in the land'~eco d~~s~ County. Without limiting the
foregoing, this Supplemental D~c~l~~ n a~~~~to~anay property designated on the Plat
for future development. The ~ s o ~ ereun er shall inure to the benefit of its
successors and assigns if so specified in an mstrurz~e~i~e'x~~uted by Declazant and recorded in the
land records for Brunswick County; provided, that this requirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu of
~,~4,,
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(~~~~ `~It>;;t # 2E7.513 Aook 2132Page: 978
~~ ~~;~ ~ n~a~~r~d~daa
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foreclosure to any property owned by Declarant and now subject to, or subject to annexation by
Declarant under, the Master Declaration.
25. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, whd~i?~hall remain in full-~~pii~d effect.
IN WITNESS WHERE~J ~ ~ aS ca~~~~~strument to be executed as of the
day and year first above written `~~`g`U"j fY;~n-~~,_,~ _
_~ ~j:"~~ -tch at Sunset Harbor, Inc.
^~L ~
U- v
NORTH CAROLINA ~ ~ ~4w~effl~J3i~3,ua
BRUNSWICK COUNTY
I, /~ , a Notary Public of said County and State, certify
that MARI . S ERS p rsonally came before me this day and aclotowledged that he is
President of Sea atcb at Suns~tl?I~arbor, Inc., a c~ ~°~ti r- and that he, as President, being
authorized to do so, executed the foreg ~ ~~~1'.q~~orporation.
WITNESS my hand and~l,~,ca~lct~t~e~dayaof , 200
~NM•~.. i
(Notary Seal) ~,:`~Qr~ • ~9~, ,+
OTggr ;N~" tary Publi
_ ~ i
My Commission Expires• ~ ~~ , ,G r
. syyy,~ ~''
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,~~'fJ.If~Pi~ • '~ n~an~r~rt~r~aa
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~nfn ~~~ ;'nst # 262513 Hook 2I32Page: 979
G., ~ C~~ uc,~~~r~zT~4aa
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Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
join in the execution hereof for the purpose of subordinating and subjecting said Deed of Trust,
~:>
as amended, to this Supplemental'~eclaration. ~~ ~p
nn n o~t~~ N.A.
By: ~ ,
-T Vice President
PRLAP, Inc., Trustee
~'~~.t
~~. B
MM GG(JJ~q~` ~~jj~~,,,~~~'G~ Vice President
NORTH CAROLINA - BRUNSWICK~TJIV~~'°~~~~~4
~~~
I, N1Elissa IL.trnP,r l~ep Ic~.~, a Notary Public of said County and State, certify
that personally came before me this day and
acknowledged that ie she is Vice President of BANK OF AMERICA, N.A., a
`~`L" V~t;G, ~~e~ident, bein authorized to do so,
corporation, and that~e she as ,,, e- ~I /f J~ g
executed the foregoing on behalf o~f~t1feeRrppr.~,
~ lb€ftdt~(s~e (a~~i~~~~day of ~_, 20 ~5.
OFFICIAL SEAL a
Not Public,NorlhCarolina
SeB~NTY OF NEW HANOVER
~..~ MELISSA TURNER KEPLEY
My Comm. Exp. Feb. 28.2009 Notary Public
My Commission Expires: ~ a8
~;~~'~~cnn ~~ ~ n
NORTH CAROLINA - BRUN~[~`COY c~~r~~p~ie~aa
_ OOI~~~C~'~j~7
I, MP~~S~e~l twr~r,Pe^ ~~-P,~, a Notary P'~blic of said County and State, certify
that e(-' personally came before me this day and
acknowledged that she is ~ Vice President of PRLAP, INC., Trustee, a
corporation, and that to he as ~~ Vice President, being authorized to do so,
executed the foregoing on behal~'6~~he corporation. ~o
WI hand an i~ hs ~ dad of 205
y. --cmmr~ r~aa
~pt~, Se t ~ Notary Public, North Carolina ~~ a ~~~
CO~!NTV OF NEW HANOVER
~~~' MELISSA TURNER KEPLEY
My Comm. Exp. Feb. 20, 09 Notary Public
My Commission Expires:
~~~ ` ~r (~
q~ (.
STATE OF NORTH CAROLINA ~ I- ~~
COUNTY OF BRUNSWICK I ~ m~uv~~~~t~~fs~^7ti
(`. , ~ `NA1~C~%G~L~ REST, MELISSA TURNER KEPLEY
The Foregoing (or annexed) Certificate(s) of `~ ~~i~,_n.,a„
Notary(ies) Public is (are) Certified to be Correct. 27th
This Instrument was filed for Registration on this Day of April 2005
in the Book and page shown on the First Pa ii?uhereof. ~ ~ '
~ - _ ~ ;o~
_ ~_
~i~ ~ ~i~ ~~~~ -~ RO E J. RO INSON, Register of Deeds

~~
~~ ~~~
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=~~~s Bnmstivi 4mty--Register of Deeds
` ~~q~. ~t o inson
n ~r4645 Hook 2259Page 28
(J l ~ ~(~~"10/~d~j.:oo:3zada Rec11'Z-S'UIDD
~~`
<~plemental Declarah'o~'Af
'`rr --_ Protectirv~,Cove ~~~ents
7i~ i;1L .F;L•V 1 t,;' _s~„_ O~~,c,~rn~c~e~' `"
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CkS{ R~~ ~ ~`-~- Homesites ;t0~341
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTS DECLARATION is made on 5 ~~~ , 2005, by
SeaWatch at Sunset Harbor, )~c:,~pNorth Cazo~/ra^~~g ~on ("Declazant").
qQ l`J
t~~m~a
WHEREAS, Declarant is the owner of ce~operty located in Brunswick County,
North Cazolina, and more particulazly described as follows:
Being all of the property shown on those plats of SeaWatch at Sunset Harbor, '
Phase SA, Lots 1063-~~41, recorded in Map Cabinet 3 Pages. as - 3i~~' ~
Brunswick County Regts ereinafter r f 1 ectively as the "Plat") (the
numbered lots shown on th ~~ ~a~re erred to individually as a
"Homesite" and toll ~j e ~RO~•4~~ Homesites and Common
Elements shown on" ' "P at L?~;7Q ferred to collectively as the
"Property")
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Hazbor and caused it to be;recorded in Book 1864, Page 714,
Brunswick County Registry („ ether with all amendments thereto and supplemental declazations
recorded in accordance with the ,visions ~r ~ (~~er Declaration") (unless otherwise
defined herein, all terms defined in ~kl~tbn shall have the same meanings in this
Supplemental Declaration); ~ GJ~~' 7v/~vi0 ~c~~'rm~ta4
~~}~
WHEREAS, the Master Declaration estabr's~rtain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
duties of SeaWatch at Sunset Harbor Properly Owners Association, Inc. (the "Association") and
163857_2.DOC ~~~«„s Prepazed by: Schell Bray-,A.ycock Abel & Livingston P.L.L.C. (JAM)
u~ ~ ~ ~ V_ (Without Title Examination)
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l ` e'n~0u~~~i ~ 294645 Book 22541?age: 29
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant;
~~~,~
WHEREAS, the Master Declaration provides t ~fi~e Grant may annex additional land
into the Development, and Declaran~~Li ~e,;~l4e operty into the Development by
recordation of this Su lemental ~e l~ri~t ~hi; ~d~ ~'
PP ~ ~ , U ~ .~ 2~~ ~c~~~~r~.~4a~
~'~~~~ n.
WHEREAS, Declarant also desires to s{~{~j~3the Property to certain additional
covenants, conditions, restrictions and easements for the purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, ,D~ec~larant hereby declares that the Property is annexed into the
Development and shall be held;~s~ol_d and conveyg ~~ct to the covenants, conditions,
restrictions and easements contained (ii b atloq, and to the following additional
ovenants conditions, restrictf ~ s,~ ~, shall run with the land and be
c ,
binding upon all parties havin~~ri nght, ~~l~,' st m~~roperty or any part thereof, their
heirs, successors and assigns, and shall inure to the T~~f each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Commo~lElements shown on the Plat are hereby designated as Common
Elements, as defined in the Mas~eclaration. o~~site adjoining an alley Common
Element located to the rear or side o ~~r veway connection shall be to the alley
and not to any street adjoinin~f~ ~~;~a•
G~
2. Land Use and Building Type. ~~~T~mesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling,:a private garage for not more than
three (3) cars, porches, deck~,~; atios, a swimming pool an not more than one outbuilding (a
detached garage is considered t~ outbuil ' ~~ of this restriction). No dwelling
shall be erected or allowed to re a 1 ess. the construction of such dwelling
ome, mobile home, manufactured
is substantially performed o te. No rte.
home or geodesic dome shall a erected remain'. on any Homesite. No street shall
be laid out or opened across or through any Homes No Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporau'~~s ales office and/or m~~with the prior written consent of
Declarant. ~`~~q? ~~~~~ ~
omesite or Homesites shall be
3. ResubdivisioioL ~ bmaHo~,~c~ff~~rt„~l
resubdivided, combined or`any boon C~'~~~ anged .without the written approval of
Declarant. In the event that any such change is apjiYo~d the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
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Inst It 294695 Book 2259Page: 30
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declar~tjon, the following provisions shall apply to the Homesites:
~i'l. /~
4:siw
(a) All proposed impro~'ine ~ ~ pi g, including any alterations or
additions, on an Homesite m ~~ 'ed~~a the ACC. By way of illustration
y ~~' ~~ ~~~~~a
and not of limitation, improve t re wC5 ~, vans a include any dwelling, outbuilding,
paving, fence, wall, exterior lighting, exterior pa`~t~sn~i or ornamental or functional exterior
features (including flags, planters, statues, lawn ornaments, bird feeders and bird baths, any of
which omamental or functional exterior features may be prohibited by the ACC).
(b) No living tree ~fQnr (4) inches or more in diameter at four (4) feet high from
ound elevation, or any flowenng a or shrub, s t I~~rtthout the prior written consent of
the ACC unless it is in the area of a i~ ~~p~6~6n~~ction of a structure.
(J ~ ~ u Q~G7@~ G~Itc~l~l¢
(c) The review an`d%a provalC$, l~be conducted in accordance with the
Master Declaration and the architectural design stan~i~d guidelines adopted by the ACC, as
amended from time to time. Prior to commencement of clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or uire modifications to the pl ns. The ACC shall also have the
right to require an application fee-n~, a constru~iQna~~~leposit, as provided in the Master
Declaration. n n ~ ~ ~ ~~(( ll~~
w uuc,~r~r~mv~n¢
(d) Once construc ' of a d~~ih~ en commenced, it must be completed and
ready for occupancy within twelve (12) months. landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than sixty (60) days after
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwellirig~ hall be occupied until it }~s been substantially completed in
accordance with the approved p as evide ~b~letiontbe co stmed as providing any
ACC; provided that in no event ~b P
assurance regarding the qua~ r suitabir~ign, materials or construction, or
compliance thereof with any aPP rcable p ~Q odes or other laws.
$. Minimum Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite unless the total floor area of the heated space within the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least as follows:
~~G
Homesites 1063 `~Y1'~~Q1140 }~41~~~00 square feet
Homesites 1119-1,.~~j O ~l-~ 1,200 square feet
6. Building Lo~ tion and2~ t ~ The ACC shall have the authority to
determine the specific location of any dwellin~e~structure on any Homesite; provided that
no dwelling, detached garage or other outbuilding shall be erected or allowed to remain on any
163857_2.DOC ~`~ra.; ( GN
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Homesite neazer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
~~-„
7. Stormwater Mad~ge~nent; Impervi°~~ir ce Coverage. The covenants in
this paragraph are intended to e>i~tlre~~ i~$ nce with the State Stormwater
Management Permit for the l ~ ~'ll~d'-b~ ~ , ;, ~ent of Environment and Natural
Resotuces, Division of Water ~}~, >~~%~,~, ~ The State of North Carolina is
made a beneficiary of these covenants to the extetff~iieca~sary to maintain compliance with the
Stormwater Management Permit. These 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. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of th~pivision of Water Quality. The maximum permitted built-upon
azea~r Lot is as follows ~ ~2=~~ ~ ~~~
J
Homesites 106~`~~ ~~ar~ 4~1IC,1c~l~~1Ay~0 square feet
Homesites 111 - 9 ~N~~~~~~~~Q 4,500 squaze feet
This allotted amount includes any built-upon area constructed within the Homesite boundaries,
and that portion of the right-of--way between the front line of the Homesite and the edge of the
street (back of the curb). Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone,~~ate, coquina, driveways, and arking areas, but does not include
raised, open wood decking, or'~tT~,water surfa~5~i J g pools. Filling in, piping, or
altering any 3:1 vegetated convey "~ 1~ a )associated with the development,
except for average driveway c~p~~~~~o tbtted~y~sons. Filling in, piping or altering
any designated 5:1 curb ou a Swale a y~the development is prohibited by any
persons. A 30' vegetated buffer must be mainta~me$een all built-upon area and the mean
high water line of surface waters. All roof drains shall terminate at least 30' from the mean high
water mark. This project has a curb outlet system. Each designated curb outlet Swale shown on
the approved plan must be maintained at a minimum of 100' long with 5:1 (H:~ side slopes or
flatter, have a longitudinal sld no steeper than 5%, carry a flow from a 10 year storm in a
non-erosive manner, and main ense ve ~4 ch swales aze located in either the
Cornmon Elements or a drainage e ~~~~a the Plat.
M I ovG~IfffII~i14
8. Outbuildings add ools; ~Q~ Structures. No detached garage, shed,
workshop, pool house or other outbuilding shall bed, placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more than
one outbuilding (a detached gazage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by th~,~CC. No pool shall be con cted, placed or allowed to remain
on any Homesite without the pff~'ritten a ~~ ~~CC. No structure of a temporary
chazacter shall be erected, placed~~~~jj ~ rdz! on any Homesite, nor shall any building
materials be stored on any HE~i~ ~ ~t, campev~~g~t° or other outbuilding shall be used
as a temporary or permanent sr ence. ~©G~,,r~~~~a~
9. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the ACC.
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NI~J~~~~ # 299695 Hook 2254Page: 32
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behi~rc~,the rear line of the dwelling. No billboards, posters or signs of
any kind shall be erected or allo~gd to remain on a~~45~~e, except (i) a name and address
sign, and (ii) a temporary sign refle~ln c~~iq Id dwelling on such Homesite by a
licensed contractor; the design pIf ~ tt~igr~~n~~~b~~approved by the ACC.
10. Outside Antennas and Satellite Drs'l~~sto outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any Homesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time.
~~;~
11. Fuel Tanks ant~~':$;~~rage Rece t ~f~,~ Clotheslines. The placement,
screening and maintenance of fuel st i~~~~~Pmr% es for garbage, trash or lawn debris
shall be approval by the ACC ' r urre ~g,~ tanks to be buried. No outdoor
clothes poles, clotheslines or ~rm' az stt~'~j~~~~a~placed or allowed to remain on any
Homesite.
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twen~our (24) hours on any Ho esite, except in a garage with the
garage door fully closed (a stan ~~ize picku ed for personal use shall not be
considered a commercial vehicle for 'c ron). Violators may have their boat,
watercraft, trailer or vehicle (~~e Asso~~taQthe owner's expense. No boat,
watercraft, trailer, or vehicle t any type ~~ @ ,either permanently or temporarily, on
any Homesite prior to completion and occupancy~i)3~elling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained' compliance with all ap 1' able laws and ordinances and any
Otherwise no animals, livestock
rules or regulations adopted by sociation
or fowl of any kind shall be ke t ~o on any Homesite for any purpose. No
noxious, offensive or illegal ~~~. be condu~ts~rt~.p~ anY Homesite nor shall anything
be done on any Homesite that ' a nursan ~v~ance to the community.
~a
14. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other pf~~grty in the Development determined by the ACC and the
~~vlaster ~~ e Owner of a Homesite fails to
Association in accordance with~t
comply with these requirements ~e ~ t~ i< ave the right to cause such maintenance
to be performed and to charg~ 1~eJ'co§ttheof as arv~~nt attributable to such Homesite as
provided in the Master Declaz {ion. ~~~~~~~a~
15. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
~~~_,a 5 Ind,
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~"~~~i~iL~~QN 294695 Book 2254Page: 33
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause suc~i~'i~s~oration or remoy tq~b erfotmed and to charge the cost
thereof as an Assessment attributable~dssu stte~~~p'rl~v~ ed in the Master Declaration.
~~ ~~~ MG~U~ffll~~ • It
16. Wells and Irrig~ta~'h Of Ha~~t~ o well s~all be drilled, installed or allowed
to remain on any Homesite for drinking water o~~3'~ household or potable water supply
purposes. A well may be installed on a Homesite for irrigation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, imgation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, aving or similar improvements.
~~'~ n
17. Lakes and Ponds. T~~ 1 ~ pond, or any portion thereof, located
within the Property is subject~~rµ~~itU r~ti~p~~aAssociation, which may include
prohibition of use. To the ex `that a11~~7~Gpn on of a lake or pond is located within a
Homesite or abutting the property line of a Homestt~e Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such Homesite.
18. Wetlands. Certain Homesites may contain w tlands subject to U.S. Army Corps
of Engineers regulatory jurisdic®fit'~g~., Fillin~dit~i~ivating and other land disturbing
activities are prohibited in such wet111{i~,s;q~ ~rr i
~~~~~~`~v`"'~~ VV 11 n~a~®r~r~4~aa
19. Easements. ed grant h~' for itself, its successors and assigns:
(i) easements for drainage and utilities on all Hom~long all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) other easements as shown on the Plat;
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specifigd~on the Plat or in the Master~eclazation, together with the right
of ingress and egress over and u the sub' ~ such purposes. Uses of utility
easements may include, but ~~~ ~ltai ed to, electric, cable television,
telecommunications, water su l , r imgati~oars3rt~a,such easements are nonexclusive
and shall be assignable, in w e or in p ,~3~Qiation, to public utilities, and to other
providers of utility services.
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declazation, the ACC may waive a violation of a
covenant, condition or restrid~ by appropriate ins~m writing. Otherwise, Declarant
may waive any violation of the co~2a,}~ants, co rte ctions set forth herein, or release
any of the easements reserved h r '~ nstrument in writing; provided that any
waiver of paragraph 7 shall re~ y thed~~im~2f Water Quality of the Department
of Environment and Natural 1~ sources, o ~d~~~ to official or authority of the State of
North Carolina.
'~~iti_, InI_^
163857 2.DOC ~~(`nn' ~ ~ ~~ ~ I~
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~#~ll 294695 Book 2254Page: 39
21. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven per~~ent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; prodded that any such_ ~~}}e nt must be recorded in the land
records for Brunswick County, North` r a r~~tb ~ective, and any amendment prior
to December 31, 2033 shall e {~~{~~ ~~c~~sP aDeclazant. Any amendment of
pazagraph 7 shall require app ~ v~ai~~y th~i/~' ~ o ater Quality of the Department of
Environment and Natural Resources, or other ap~~ria~~ official or authority of the State of
North Carolina.
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in acc~r~iance with the provisions hereof, shall run with the land that is
subject hereto and shall be bind~'~ n all owners }}~~~~,~ and all Persons claiming under
them. This Supplemental Declaratio ~r~atCt1~63i1y by the affirmative vote or written
agreement of Owners of prop~3 ~ lopme~~~~ at least eighty percent (80%) of
the votes of all the Owners `hlTocatc~~ci~hat in order to be effective any such
termination must be recorded in the land records for 'wick County, North Carolina, and any
termination prior to December 31, 2033 shall require the written consent of Declarant. Any
temvnation of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Carolina. ~~'he easements reserved here' shall run with the land subject
thereto and shall be binding on a`91.~ wners of s 11 Persons claiming under them,
except to the extent that the Person i~g fi s to an easement have released such
rights pursuant to an ins ~~ ~~ e rl~s for Brunswick County, North
Cazolina. ~~O/'~p~,~~
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein a st any person or persons violating
or attempting to violate the same, er to res ' ~i ie or to recover damages. Failure
by any such entity or person to enfo ts, conditions or restrictions set forth
herein shall in no event be de~~~~ r of the g~l~dso thereafter. The State of North
Carolina shall have the right to orce p $~~r~q~
24. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Properly and not to any other
property now or hereafter owned by Declarant, unless such other property is subjected to such
covenants, conditions, restrietb~n^s and easements pursu t to an instrument executed by
Declarant and recorded in the~f~td records ilji~i~~ County. Without limiting the
foregoing, this Supplemental Decl~r~le I ~~i}}~~,, to any properly designated on the Plat
for future development. Th ~ ~ ec azant~Ite1+®1~pus shall inure to the benefit of its
successors and assigns if so spd in arr~~ ecuted by Declazant and recorded in the
land records for Brunswick County; provided, that r l~ uirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu of
~;,~~,
~~~;~
163857 2.DC)C ~~~, (( ~
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~I IIIJ ~~~~4695 Hook 2259Page: 35
foreclosure to any property owned by Declarant and now subject to, or subject to annexation by
Declarant under, the Master Declaration.
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25. Severability. Inilalidation of any proyi~ n~~~~,of shall in no way affect any of
the other provisions hereof, which slta~3'1°~r lei ~il~f~~ladiI"effect.
IN WITNESS WHEREQE; ~~cl ra atif,~~~ed t)ii~s nstrument to be executed as of the
day and year first above written. ~ ~ ~~~~
SeaWatch at Sunset Harbor Inc.
~~~~, ; c
~., By ...~~
~q ~Ia~ a ders, Presyd~t'~; ~°'v' ~ ~'~
G' ~~a~~r~rr~xna
NORTH CAROLINA ~~~~~~~~~~ ///j~~~N~tt~~~ti
BRUNSWICK COUNTY
I, , a Notary Public of said County and State, certify
that MARK A. SAUNDERS p~~sonally came before me this y and acknowledged that he is
President of SeaWatch at Sunse~bor, Inc. cpr,~q and that he, as President, being
authorized to do so, executed the f(or~eg ~ ~ r f~$ corporation.~~~
WITNESS my hand and~eff'ciat~i 1 s~ea~~ s~ ,~*~, day~of C~GI~ , 200
(Notary Seal)
My Comhhyymission Expires:
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M ,'~~~
G ~' `=rte"
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Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County Registry, and the undersigned Trustee under said Deed of Trust,
join in the execution hereof for purpose of subor ' t~id subjecting said Deed of Trust,
as amended, to this Supplemental Dec`l'~~igl-?~~~~
n n ~j ~~)) ~~ ~r c~~r~r~IIa
l/11 u ~~ ~ ~, errca,~.A.
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By: '~
Vice Pr dent
~,~ PRLAP, Inc., Trustee
ate., ~
`~~~ ~~
q~ I ,.
G~ ~ ~ Vice 'esident
NORTH CAROLINA -BRUNSWICK COUNTY 'a~
I, Me~,s9~Tilfhef ~, a Notary Public of said County and State, certify
that ; PYl , I r,d ~ ~ n personally came before me this day and
acknowledged at~she is ~.. ~ Vice President f BANK OF AMERICA, N.A., a
corporation, and that(~'she as ~;> e Vi~~~ent, being authorized to do so,
f re oin on behalf of tli ~' ~~
OF~FyIyC~IAL SEAL ~II~baa~~ 20t~
'r F fllialh~ cial sea~fll'i~(~~d'a of
COUNTYO NEW HANOVER
-~• MELISSA TURNER KEPLEY
Ot $eall~y Comm. Exp. Feb. 28, 2009
i
p Notary Public
My Commission Expires: O~ • . O
~.qQr ~~
NORTH CAROLINA - BRUNS, I~J[~ t~~Y ~c~or~r~~rr~a
lJ G~Q~~~~
I, Me ~sS~T~mu' ~ le , a Notary~i~lic of said County and State, certify
that , $ ; personally came before me this day and
acknowledged that(fi~'she is Vice President of PRLAP, INC., Trustee, a
corporation, and that T~'she as ~e Vice President, being authorized to do so,
executed the foregoing on behalfi~~af the corporation. _ ~ ~
.~ I .~ L o i~l~~ea ,~ i `day f _~~k~C 20 CJJ.
. r Notary Public, North Caroli U v ~ IJ ~ ~~~,~~ ~4
a COUNTY OFNEW HANOVER~ e`n~C~y
MELISSA TURNER KEPLEY ~~~
My Comm. Exp. Feb. 28.2009
Notary Public
My Commission Expires:
V~:`_ z
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Robert ,7, ~ ~ Reygs~ of
0~27A322909 Rook
rI/2006 Og:26; 99pn R~1~ 8Pa4e 1282
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Supplemental Declaration of
Prorcve Covenants agc~,T~ements
`~~~~ ~I /~l~
SeaVf~ q>~~a~hase 9
l~omG~,~a238
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on Mazch 2 G nNl , 2006, by
SeaWatch at Sunset Harbor, Itt~~ a North Cazolina co on ("Declarant").
~~~r~, ~~
n ~ ~ \~ Q9CnlOo ~G'IIt~llc~4
WHEREAS, Declarant is the owner o~~ce~'goperty located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on t t plat of SeaW tc~~~ a~t~~7n,,set Harbor,
Phase 9, recorded in Map Cabinet at Pages ~~, Brunswick
County Registry (hereinreferred to toll t~ the "Plat") (the numbered
lots shown on the Plat are her ¢~ually as a "Homesite" and
collectively as the "Hor~,q~yf~~~~hft~. esit~~~nmon Elements shown on
the Plat are hereina8er tt~~£ee''t~e to c~f11,5~~s the "Propertty,>).
~~
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Hazbor and caused it to be recorded in Book 1864 at
Page 714, Brunswick County Registry (together with all amendments thereto and supplemental
declarations recorded in acco~ ante with the provisioreof, the "Master Declaration")
(unless otherwise defined herein, s defm~djt} r Declaration shall have the same
meanings in this Supplemental DeCla~~gn~(U~~~J
,(J~ IUrJ J ~~~~~~,~
WHEREAS, the Master eclazation N'~~fls~s~e am covenants, conditions, restrictions
and easements running with the land, including prov~stb~s setting forth certain functions and
duties of SeaWatch at Sunset Hazbor Property Owners Association, Inc. (the "Association") and
c:,~
171886_4.DOC "~ t9sA, 'Prepared by: Sche~rq~t q~cock Abel & Livingston P.L.L.C. (JAIvi)
_ ~ C~,15
`~~,,,. ~~ .~ (Without Title Examination)
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RET,~~~IS IT I .
TOTAL ~~33 r~ REV TC#
REC# CK AMTI~CK# y Ys
CASH~REF_.BY

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c ~~~~~
its Architectural Control Committee (the "ACC"), and easements and other ngrits reserved-by
Declazant;
WHEREAS, the Master Declaration provides that Declarant may annex additional land
into the Development, and Declarant wishes to agag~x~ tl~ ~roperty into the Development by
recordation of this SupplementalDec``~atati ~~,' ~i (rJ
WHEREAS, Declazant s esir~Lc~~y ect the Property to certain additional
covenants, conditions, restrictions and easements f t~ purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW, THEREFORE, Declazant hereby declares that the Property is annexed into the
Development and shall be hid sold and conveyed sub,}'~ct to the covenants, conditions,
restrictions and easements contau~i the Ma ~ ~a 'b ,and to the following additional
covenants, conditions, restrictions ¢ ,~ ~1`a F ~h shall run with the land and be
binding upon all parties having g t~ or mte~s~aProperty or any part thereof, their
heirs, successors and assigns, s all inur ~~~e~r~n~of each owner thereof.
1. Homesites and Common Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common Elements shown on the Plat are hereby designated as Common
Elements, as defined in the Mks" Declaration. For a~ esite adjoining an alley Common
Element located to the rear or side oche H ~,(lhg ° y connection shall be to the alley
and not to any street adjoining rl l l l ~vl~ `e~"~I~®me~si~te¢
lJ ~ v vim` Ol,~
2. Land ~iJse and Building Type. ~f~gmesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered to``l~~ outbuildin o ~ of this restriction). No dwelling
shall be erected or allowed to remain~fi- ~o~~~~ss the construction of such dwelling
is substantially performed on ~~,,~~ eUNo n~~me, mobile home, manufactured
home or geodesic dome shall b~ei ct~~ d o{~~~,~~t~ q ain on any Homesite. No street shall
be laid out or opened across or through any Homestt~ ~Io Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporar,~~les office and/or mod ith the prior written consent of
Declarant. ~`~~~.. ~~~~~~~
3. Resubdivision r~ i t,on. ~a~f~~~ll8mesite or Homesites shall be
~~
resubdivided, combined or any boundary ~~ ~ d without the written approval of
Declarant. In the event that any such change is appr~ the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
171886 4.DOC
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UU~~ V~t~cilF~,,~~~22909 Hook 2358Page: 1284
4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the foliowing provisions shall apply to the Homesites:
(a) All proposed iiti~rgvements and 1 cep including any alterations or
additions, on any Homesite must be ce~~~~( ~d, ~~i~~~~the ACC. By way of illustration
and not of limitation, improve ~ ~i~ik{jiig~a~prc~~~pclude any dwelling, outbuilding,
paving, fence, wall, exterior li h~, exterE,~~~~ mg or ornamental or functional exterior
features (including flags, planters, statues, lawn om~r~ehis, bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowerit} tree or shrub, shall be cut thout the prior written consent of
the ACC unless it is in the area o~a~Imesite a r ~o~~struction of a structure.
(c) The review an~ ~cess sh~r~t~~dnducted in accordance with the
Master Declazation and the arch' ectural desit~ nd guidelines adopted by the ACC, as
amended from time to time. Prior to commencement oT'clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
.landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application fed-and a construction b ~>~deposit, as provided in the Master
Declaration. n ~~~y~ ~ ~ ~~~ ~ ~ 'V-
(d) Once constructi~nJb~~di~ve~~~~~eeri ~cgoenced, it must be completed and
ready for occupancy within twelve (12) mon ~G'landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than sixty (60) days after
the date the-dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling Shall be occupied until it has been substantially completed in
accordance with the approved p~s~as evidence b,~ ate of completion issued by the
ACC; provided that in no event shall ~etion be construed as providing any
assurance regarding the quali stabili~~ cam' n, materials or construction, or
compliance thereof with any ap }- j le peri~~'Q~eil~t~l~gcodes or other laws.
5. Minimum Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite unless the total floor area of the heated space within the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least as follows:
'~~~;~ n
Homesites 11k120~~~~~~re feet
Homesites 1~ square feet
/,~ cwa®r~r~m~r~aa
6. Building Location and S~flt ° ~~'~Q~~~ ACC shall have the authority to
determine the specific location of any dwelling or other structure on any Homesite; provided that
no dwelling, detached garage or other outbuilding shall be erected or allowed to remain on any
'~?ry~~
VC ~~~
171886_4.DOC g(~=~~~('~ ((~ v,f~
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Homesite nearer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater Management; Impervious Surface Coverage. The covenants in
this pazagraph are intended ~C~~:ensure ongoing-,~ni-~i~ce with the State Stormwater
Management Permit for the P e ~~;~t~>~rt~`~d~epartment of Environment and Natural
Resources, Division of Water ~ r A~~'~ 1~. The State of North Carolina is
made a beneficiary of these c s to ~e'~Iata, cessary to maintain compliance with the
Stormwater Management Permit. These covenants pthing to stomtwater may not be altered
or rescinded without the express written consent of the State of North Carolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-upon
area per Homesite is as follows~n~ n
Homesites n1~4~~`l~~~Q ~~I~UUO squl~-are feet
Homesit~ 2~~ `i~3~~~ ~@D~~re feet
G~~~Q~7Q
This allotted amount includes any built-upon azea constructed within the Homesite boundaries,
and that portion of the right-of--way between the front line of the Homesite and the edge of the
street (back of the curb). Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking azeas, but does not include
raised, open wood decking, oc''water surface ~'~~u; ing pools. Filling in, piping, or
altering any 3:1 vegetated conveyan~~ d' ,~~t~. associated with the development,
except for average driveway cr }}~~~~ s~~ d ~ sons. Filling in, piping or altering
any designated 5:1 curb outldWa~e as~'d~ ith~ e~evelopment is prohibited by any
persons. A 30' vegetated buffer must be maintam~~een all built-upon area and the mean
high water line of surface waters. All roof drains shall terminate at least 30' from the mean high
water mark. This project has a curb outlet system. Each designated curb outlet Swale shown on
the approved plan must be maintained at a minimum of 100' long with 5:1 (H:~ side slopes or
flatter, have a longitudinal slop no steeper than 5%, c e flow from a 10 year storm in a
non-erosive manner, and maintain - nse vege d h swales aze located in either the
Common Elements or a drainage eas ~~~~~Plat.
aa~r~r~rnc~a
8. Outbuildings ools; N~ ~ ~~, a'~ tructures. No detached garage, shed,
workshop, pool house or other outbuilding shall~be erect, placed or allowed to remain on any
Homesite without the prior written approval of the ACC and no Homesite shall have more than
one outbuilding (a detached gazage is considered to be an outbuilding for purposes of this
restriction). An outbuilding must be architecturally compatible with the dwelling located on a
Homesite, as determined by the''C. No pool shall be ns cted, placed or allowed to remain
on any Homesite without the prior~~i#ten~pprg~gl~'o~~e~~C. No structure of a temporary
character shall be erected, lac \g ~~t~e'in`eui on an Homesite, nor shall an buildin
materials be stored on any Ho ~ t~~~n~'>~°~~or other outbuilding sh 11 be used
as a temporary or permanent residence. ~1~~v
9. Fences, Walls, Playground Equipment and Sigus. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the ACC.
~:; ~,,
171886 4.DOC `Q~al` ~' ~
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M ~ ~`~'~C~~~~~~~ Page: 1286
No chain link fences shall be approved. No dog pen or kennel shall be erected or allowed to
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behind the reaz line of the dwelling. No billboards, posters or signs of
'any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
~~~,
s-gn, and (ii) a temporary sign `t~fl~e~Cting constructi~~o~~dwelling on such Homesite by a
licensed contractor; the design of suc "$re~I jrtt~~t~.5~ a~f` a approved by the ACC.
n ~~~ lam) U MG9~~~IIt~IL~4
10. Outside Antenn Sat~li~~~, ~~ ~Nno~ outside radio or television antennas,
satellite dishes or similaz devices shall be erected or IIO~'Ved to remain on any Homesite, except
as permitted by the architectural design standards and guidelines adopted by the ACC, as
amended from time to time.
11. Fuel Tanks a~Storage Receptacles; Clotheslines. The placement,
screening and maintenance of fuels - r e tanks p/~; ~ for gazbage, trash or lawn debris
shall be approval by the ACC, whi ~~~sto~rage tanks to be buried. No outdoor
clothes poles, clotheslines or ~~ yes sh~ld~~~fia~ed or allowed to remain on any
Homesite. ~~G~~
Q~~aQ
12. Boats, Trailers and Certain Vehicles. No boat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be pazked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a stall"' size pickup truck p med for personal use shall not be
considered a commercial vehicle fop .,; o f ~~tl~n . Violators may have their boat,
watercraft, trailer or vehicle tQ}cl~~~s~ciation at the owner's expense. No boat,
lI NJG7® ffIlC • 4
watercraft, trailer, or vehicle o e ~ tore , et er permanently or temporarily, on
any Homesite prior to completion and occup~~~~d~elling on such Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained ~ compliance with all applic ble laws and ordinances and any
roles or regulations adopted by th ociation rel t~ Otherwise, no animals, livestock
or fowl of any kind shall be kept or al ~~~~any Homesite for any purpose. No
noxious, offensive or illegal ac~ ~ cond~,e~~ any Homesite nor shall anything
be done on any Homesite that i -n tsance ~?(~~n~ to the community.
a
14. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and all
improvements on the Homesites shall be maintained in a sightly condition, all to a standard that
is harmonious with other pro ' ~ m the Development, determined by the ACC and the
Association in accordance withaster fib .~e Owner of a Homesite fails to
comply with these requirements, e\~~g~h ~ave the right to cause such maintenance
to be performed and to charge ~~"~?JJ ~~h``'Je~/r "~~ an ~s~~5'i~e~lt attributable to such Homesite as
provided in the Master Declaratton. °~~4~~-, ~~
15. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
e`~°
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and the Homesite restored to a sightly condition. Such restoration or removal of debris shall be
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause such restoration or removal to be performed and to charge the cost
~:.~ ,,~~~~
thereof as an Assessment attribut~lj~e,to such Homesite s ~`1~'ed in the Master Declaration.
16. Wells and Irrigstifal a 'tes. ~®,~hall be drilled, installed or allowed
to remain on any Homesite fo~%' 'ng~~~Q ~ er household or potable water supply
purposes. A well may be installed on a Homesite for t`~°~'ation purposes only, provided that the
location and screening of any above ground equipment or improvements must be approved by
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
~;;~~_ nn ~
17. Lakes and Ponds. ~e use of ,,~~? o~d~d, or any portion thereof, located
within the Property is subject to s~ ieti~of the Association, which may include
prohibition of use. To the ext~ ia~~ll r nny p8i(" lake or pond is located within a
Homesite or abutting the proper line o a`~"~'~e;~it~~he Owner of such Homesite shall be
responsible for maintaining the edge and bank of such lake or pond and for controlling erosion
due to stormwater runoff from within such Homesite.
18. Wetlands. Certain Homesites may contain wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdl'dlio~n. Filling, grad~~~ating and other land disturbing
activities are prohibited in such wetlands o ~~~
19. Easements. De~ O 'C3 ~ es~~`r~itself, its successors and assigns:
(i) easements for drainage and utilities on all Homelong all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) other easements as shown on the Plat;
and (iii) easements described in the Master Declaration. Such easements shall be for the
installation and maintenance of drainage facilities and utilities across, on and under the ground,
or for other purposes as specifie~~ on the Plat or in the Master~eclaration, together with the right
of ingress and egress over and the subjec r'o~al`r d such purposes. Uses of utility
easements may include, but sh ~i e to, electric, cable television,
telecommunications, water sup ~~~ ,- irrigad~icon~r~r~fiasuch easements are nonexclusive
and shall be assignable, in whoor m par~h~'~~ 'ation, to public utilities, and to other
providers of utility services. ~~~
20. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the ACC herein or in the Master Declaration, the ACC may waive a violation of a
covenant, condition or restricti`ei~,~iy appropriate ins~tru in writing. Otherwise, Declarant
may waive any violation of the cove , _~s, c {(t€ ' btions set forth herein, or release
any of the easements reserved~~gigl~~t~i--'a` instrument in writing; provided that any
waiver of paragraph 7 shall req ~ ~~~~~pp~l o e I`~"'i''~id~r~Water Quality of the Department
of Environment and Natural Resources, or ot~ea~p'~~t3ate official or authority of the State of
North Carolina.
~~ ~,~,
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"J "~jj~~ I'~~909 Book 2358Page: 1288
~~~G''3G1s
21. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended only by the affirmative vote or written agreement of Owners to
which at least sixty seven percent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; provided that any such amendment must be recorded in the land
records for Brunswick County, ~13h Carolina in or~leF ~ f ective, and any amendment prior
~~~~ t~p/~
to December 31, 2033 shall require ~~~~~it Declarant. Any amendment of
paragraph 7 shall require appr~o~~~}~,t11 ivisiq~,,~~~ff~l~~r Quality of the Department of
Environment and Natural Res rc s, or d~i'iri~, pp~ ~riate official or authority of the State of
North Carolina. ~~~-~C~
22. Termination. The covenants, conditions and restrictions set forth herein, as the
same may be amended in accordance with the provisions hereof, shall run with the land that is
subject hereto and shall be binding on all owners of such 1 d and all Persons claiming under
them. This Supplemental Declazati~n ay be by the affmmative vote or written
agreement of Owners of property ' ~~which at least eighty percent (80%) of
the votes of all the Owners ~1~ rovidl~H'~t~i~R order to be effective any such
termination must be recorded ine land reco~i~' ick County, North Carolina, and any
termination prior to December 31, 2033 shall requ~written consent of Declarant. Any
termination of paragraph 7 shall require approval by the Division of Water Quality of the
Department of Environment and Natural Resources, or other appropriate official or authority of
the State of North Carolina. The easements reserved herein shall run with the land subject
thereto and shall be binding o~owners of such 1 ~a,ll Persons claiming under them,
except to the extent that the Per'son`br~er~o~~`g~'~O an easement have released such
rights pursuant to an instrum ~j~~~ l~~r~ds for Brunswick County, North
Carolina. ~ u C9G~y~~~~~~QQ
23. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
Owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and rq~rictions set forth herein a a st any person or persons violating
or attempting to violate the same~eipr to res ~t~t or to recover damages. Failure
by any such entity or person to enforg ~{ ~ ts, conditions or restrictions set forth
herein shall in no event be deer~4~~i~~ the Faso thereafter. The State of North
Carolina shall have the right to en orce paza
24. Application of Restrictions; Declarant's Rights. The foregoing covenants,
conditions, restrictions and easements shall apply only to the Property and not to any other
property now or hereafter owned by Declazant, unless such other property is subjected to such
covenants, conditions, restricti~~ and easements p s ~~ to an instrument executed by
Declarant and recorded in the lan`~~ECOr idk`~ County. Without limiting the
foregoing, this Supplemental De ~ ~ ~~ to any property designated on the Plat
for future development. The we s~oe~t ~i is`r~f~f~''shall inure to the benefit of its
successors and assigns if so specified in an instr~i~e~£~uted by Declazant and recorded in the
land records for Brunswick County; provided, that this requirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu of
~.~,
. ce
17168b_4.DOC ~~ ~~~~~J
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foreclosure to any property owned by Declarant and now subject to, or subject to annexation by
Declarant under, the Master Declaration.
25. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, whicb`~hall remain in full-~'~,~j~~effect.
`~, a: (r'
o~~~~rr'
L ~ uuc~cr~~rr~II~yrsaa
and ear first ab~o~ve ~n ~ n ' - _claraftg~$~~~~a~~~ahis Amendment to be executed the day
Y
SeaWatch at Sunset Harbor, Inc~ttttil~l/~~~
s~NSF ~G~
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NORTH CAROLINA-BRUNSWICKCO[JNTY~~~~~a~ '~''~~~//~tpt~~~````
I, a Notary Pubiic, certify that MARK A. SAUNDERS
personally a bef a me this day and acknowledged that he is President of SEAWATCH AT
SiJNSET HARBO INC., a c~i~o~ation, and that ~P~r~ident, being authorized to do so,
executed the foregoing on behalfnn o~~(f fh`~~y~~ L
WITNESS my hand andlbff~i~Uea~~~i~t~,e~~ day of , 20Q
J /1
•~9 = Si lure otary
€ N •: a
s ~ _ ,~~ •~ _ ~ ,~~q~ o ,L4 ~~jT ,Notary Public
,G2~. 6~IG :~ 11~~/~ pedname
' V" ~' I I yJ U c~~c~r~r~z~rw~ a
~~'~~CK.CO•,.~ o'• ~ ~~~ti~s~gn expires: S- ' ~~~
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171886_4.DOC ~~~~~~ ~~
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~ ~ Inst°~~~f9 Hook 2358Page: 1290
2n/NOOI~(~~~~ / /~
Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County Registry, joins in the execution hereof for the purpose of
subordinating and subjecting said,Deed of Trust, as amended, to this Supplemental Declazation.
Q`~~ ~~Q6~- er,ca, N.A.
~~~ ~ tw~r~,r~r~~a ,
~GJC~~1'
By: z
' n ~ e.-- Vice President
NORTH CAROLINA - BRUNSWICK COUNTY
I, I ~.w ~c'.r` ~ ~ a ~ Notary Public, certify that
~e~ ~ v1C'_.t~' ~ ei a c'~€~i~$ me this day and acknowledged
tha~6e.::or she is -j-}~e~„Vioe President o ~ ~QAMERICA, N.A., a corporation, and
thatC~%she as S ,,;arVice President, being authonzed to do so, executed the foregoing on
behalf of the corporation. ll ~
' Witness my hand and official seal, this the<~ day of ~}'~,~ ~_.,Y~ , 20
,~~L~s
(Oj~cial Seal) JV ~Q~ ; ( ~~`r 1,~ , c • ' 1
Gtr ~ _ r. ~ ~ .` .~,,t,1_ ~- f ~- %~
;, ^~~>.~~~« C9r5~ ~e o{Notary i
`~ ! ~rry '' Nt r ~~F!CIAL SEAL Q QQ `/
~ I'~blic, North Carolina
~ ~~ `~ ~~~ l~J7y6PNEWRANOVER h~I:s~1:~IL~I^r~er' ~f:~ k'~ Notary Public
t; C"t:L1sSA FuFrNt:R ~EPtEY Printed or typed name T -
~~iy l:omra. `xp. Fap. 20.2009
z~ ,©~ My commission ,expires: ~ J; ~ ~ 1 ~J "~~
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IIII ~IIIIIIII~i1l ~II'II
urunswic County, NC Register
62491 P1095 10-46-39002
Robert J. Robinson
of Deeds page t of 9
C~
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ental
«~«• ~~'>~;asements
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~eaWatc~ rbor
Phase 10-A, Homesft~es~l-69
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUI'PLEMEN DECLARATION is m d on October / 9 ~ 2006, by
SeaWatch at Sunset Harbor, i~~' ,~ ,North Caro ' ~o~ot& "' fit,("Declarant").
qQ l~~
S E~r~r~c~~aa
WHEREAS, Declarant is the owner of ce }a
aO~t't~~r Perry located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of SeaWatch at Sunset Harbor,
Phase l0-A, recorded in Map Cabinet ~/o at Pages /3 /[~ tirxe{, /L~/
Brunswick County Re~;i~(hereinafter referred 1 tively as the "Plat') {the
numbered lots shown on ~~~~lat ar ~ ~~ ~~~d to individually as a
"Homesite" and collective l~i'[,an~it~s;" the Homesites and Common
Elements shown on t~~j,~ ~einaft~>i~~Qto collectively as the
WHEREAS, Declarant executed a Master Declaration of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864 at
Page 714, Brunswick County Registry (together with all amendments thereto and supplemental
declarations recorded in acco~ance with the provisions the of, the "Master Declaration")
(unless otherwise defined herein;"rms defined in q1{I~
meanings in this Supplemental Declai~t~n ; ~~ claration shall have the same
WHEREAS, the Master I ~ ~ ~ Sao ~~~~Q
and easements rennin with t t n ~ es ce~tn covenants, conditions, restrictions
duties of SeaWatch at Sunset Harbor Pro eluding ~~~'~Qsetttng forth certain functions and
P rty Owners Association, Inc. (the "Association") and
181263_1.DOC Prepared by: Schell Bray gycock gbel & Livingston P.L.L.C. (JAIV/)
~ (Without Title Examination)
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n ~ ~ ~ ~ ~ o (~G~II6IIG,14
l~J
IIIIIIIIIIIII III III 62491 Pied inson 2008
Brunsuiok oust NC Re ester of Deeds a 10:49:39.002
Y~ 9 P9e2of 9
its Architectural Control Committee (the "ACC"), and easements and other rights reserved by
Declarant; ~~
WHEREAS, the Master ~ eQ~q ~~~
into 1~~~~that Declarant may annex additional Ian
the Development, and 1 'tai es to anpem, into the Develo d
recordation of this Supplemer~ eclarat ~ pment by
~~Q~`1Q
WHEREAS, Declarant also desires to subject the Property to certain additional
covenants, conditions, restrictions and easements for the purpose of protecting the value and
desirability thereof and of other adjacent properties.
NOW,
hereb
t~the Property is annexed into the
~ct to the covenants, conditions,
i~~n~ and to the following additional
icTi shall run with the land and be
~e Property or any part thereof, their
each owner thereof.
Development and shall be held,~~d Sn~,,
restrictions and easements con ~ 'r~t~ cla
covenants, conditions, restricr ~~ a~~~
binding upon all parties having any right, tit e ~~~
heirs, successors and assigns, and shall inure to the benefit
1• Homesites and Commas Elements; Restrictions on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Commc~lements shown on the PI hereby designated as Common
Elements, as defined in the Mas~e claration.
Element located to the rear or side o • ~ 'te adjoining an alley Common
and not to any street adjoining h ~ veway connection shall be to the alley
(~ ~ e fthe~b ,Q
2. Land Use and Building ~p ~~~~~~sites shall be used for residents
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered ~~~ an outbuildin for
shall be erected or allowed to rema~~ an g ~~~pf this restriction). Na dwelling
is substantial) a ee construction of such dwelling
y performed on th ~~ ~ ular home, mobile home, manufactured
home or geodesic dome shall d~~,~$,~ed t8'~4~'-~any Homesite. No street shall
be laid out or opened across o rough any`Y-~~' - ,Q
thereon shall be used for the manufacture or sale o~~a~c eooreforeany comme al luc ose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary sales office and/or model with the prior written consent of
Declarant.
~~
3• Resnbdivision and ~
resubdivided comb' ~~~ ~ ~~~`~-Iomesite or Homesites sh
rued or aj}~n a i s ch all be
Declarant. In the event that an~w ~4out the written approval of
shall be shown on a recorded lat and hang~~~ ed, the resulting Homesite or Homesites
forth herein shall apply to each resulting Homes te.n s, ons, restrictions and easements set
181263_1. DOC
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10:48:39.002
`~IIIlI~I~IIIIIIIIIIIIIIIIIII gz49~ pied '°-19-2006
arunsaiek County, NC Register f Deeds' Robinson
page 3 of 9
4. Architectura~'~ ntrol. In addition o architectural control provisions
contained in the Master Declarat~a3~e fol ~ov~i~n~ll apply to the Homesites:
~~"
(a) All Proposed ~i ~~ 'e and ~~ including any alterations or
additions, on any Homesite t revie @r~ by the ACC. By way of illustration
and not of limitation, improvements requiring approva s 11 include any dwelling, outbuilding,
paving, fence, wall, exterior lighting, exterior painting or ornamental or functional exterior
features (including flags, planters, statues, lawn ornaments, bird feeders and bird baths, any of
which omarnental or functional exterior features may be prohibited by the ACC).
(b) No living tree ~4) inches or ter at four (4) feet high from
ground elevation, or any flowering tt?~ or f~~ Gt without the prior written consent of
the ACC unless it is in the are ~ ' e pv~~~a~~~ruction of a structure.
~~ ~~O
(c) The review and approval procei~s~s~ conducted in accordance with the
Master Declaration and the architectural design standards and guidelines adopted by the ACC, as
amended from time to time. Prior to commencement of clearing, grading or construction, the
Owner must submit an application with two (2) complete sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or hire modifications to the The ACC shall also have the
right to require an application fed a const ylr'bb~d~posit, as provided in the Master
Declaration. q O ~ ~~ `~
n ~ ~~ 0 uuaor~~s~aa
(d) Once constructithS/~f a' dwe commenced, it must be com
rcady for occupancy within twelve (12) months. landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than sixty (60) days after
the date the dwelling is occupied. Upon written request of the Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approve~~' as evidenced by i to of completion issued by the
ACC; provided that in no event sha ce ,~j~~ic ~~~be construed. as providing any
assurance regarding the qualit , ~~Ibd3 of desi n, materials or constnuction, or
compliance thereof with any a I~ e p ~~~Id~~~~other laws.
~~Q~Q
5. Minimum Dwelling Size. No dwelling shall~e erected or allowed to remain on a
Homesite unless the total floor azea of the heated space within the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least as follows:
ttomesite~s~l -69 2,200 square fe~
ti. Building Location~an&~ ~
determine the specific location ACC shall have the authority to
no dwellin detach ~the~~~n any Homesite; provided that
g, ed garage or outb~ be erected or allowed to remain on an
Homesite nearer to any property line than the minimu y
Plat, unless such a setback is waived or modified in writing by the~ACChown or described on the
181263_1 .DOC
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NJGJO(~(~f~C~4C1Q

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n ~ ~ O~ NJG'IOof~(~IIGLIG^.14
l`_~J ~ llllllllllllll I III
Brunswick County, NC Regsster
92491 P1098 10-19-2006
10:48:39.002
Robert J. Robinson
of Deeds page 4 of 9
7. Stormwater 1V'$gement; Impervio ce Coverage. The covenants in
this paragraph are intended to sure i c e with the State Stormwater
Management Permit for the Pro epartment of Environment and Natural
Resources, Division of Wat i NCA~~~'8a The State of North Carolina is
made a beneficiary of theseenants to ~'~e ary to maintain compliance with the
Stormwater Management Permit. These covenants pert~~g to Stormwater may not be altered
or rescinded without the express written consent of the State of North Carolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-uuon
area ner Homesite is as follov~
o,,~~ n
Homesites I -~°~Q ~ e I~
uu~nlo~~46 ^ a ,
This allotted amount include~a ~i -u~4 onstructe~w~thin the Homesite boundaries,
and that portion of the right-of--way between tfie I~rof the Homesite and the edge of the
street (back of the curb). Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or
altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development,
except for average driveway c mgs, is prohibited by an ors. Fillip m
~ g ' ,piping or altering
any designated 5:1 curb outlet se associ rt] ~l~lopment is prohibited by any
persons. A 30' vegetated buffer m ~ i ~efween 11
~ a built-upon area and the mean
high water line of surface wat , rams sh at least 30' from the mean high
water mark. This project has !•b outlet
(~eslgnated curb outlet Swale shown on
the approved plan must be maintained at a minimum o 'long with 5:1 (H:~ side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a ] 0 year storm in a
non-erosive manner, and maintain a dense vegetated cover. Such swales aze located in either the
Common Elements or a drainage easement as shown on the Plat.
8. Outbuildings aif~~o~ols; No Tempor ~es. No detached garage, shed,
workshop, pool house or other outb~P~ing a ced or allowed to remain on any
Homesite without the prior writt 1 th A C and no Homesite shall have more than
one outbuilding (a detached ~,@~ off~',~ t~ r0~~~~6°~tbuilding for purposes of this
restriction). An outbuilding must be architecttli'~ible with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior written approval of the ACC. No structure of a temporary
character shall be erected, placed or allowed to remain on any Homesite, nor shall any building
materials be stored on any Homesite. No tent, camper, garage or other outbuilding shall be used
as a temporary or permanent re~~ence.
9. Fences, Walls, Pla ro°
Yg (~~~~PP~~ ~~igns. No fence or wall shall be
erected or allowed to remain o 77~~~~site'-lvitho,~~written approval of the ACC.
No chain link fences shall be ~'v~d. N~~ fit' kennel shall be erected or allowed to
remain on any Homesite. All playground equipment h`'LZ4-Iomesite must be approved by the
ACC and must be located behind the rear line of the dwelling. No billboards, posters or signs of
isiz63_i.ooc - 4
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n ~ ~ O~ CUJG70G~G~464C14
81491 P1099 '°-19-2006
v ~ III III~~~I III~III~1 ~II
Robert J. Robinson.39'002
Brunswick County, NC Register of Deeds page g of 9
any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
sign, and (ii) a temporary s~~~eflecting constructio a~welling on such Homesite by a
licensed contractor; the design ofQpe ~ pproved by the ACC.
10. Outside Ante J'a ~ ite Dis?~ide radio or television antennas,
satellite dishes or similar dews shall bee ~~'~~~ d to remain on any Homesite exce t
as permitted by the architectural design standards an~~~uidelines adopted by the ACC, as
amended from time to time.
11. Fuel Tanks and Storage Receptacles; No Clotheslines. The placement,
screening and maintenance of~?el storage tanks and receptacl for garbage, trash or lawn debris
shall be approval by the ACC;"h may require arks to be buried. No outdoor
clothes poles, clotheslines or sim>I~~l~ etu~~l ~ aced or allowed to remain on any
Homesite. ~~
lJ uaor~r~~~aa
1Z. Boats, Trailers and Certa~Ve ~~~oat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall
be parked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a standard size pickup truck maintained for personal use shall not be
considered a commercial vehicle for purposes of this restriction). Violators may have their boat,
watercraft, trailer or vehicle~~q~ved by the Association a owner's expense. No boat,
watercraft, trailer, or vehicle of art~~vne shall
any Homesite prior to com letion an ~1 ~~ ermanently or temporarily, on
p ~~ welll!ng on such Homesite.
c~borr~~cr~aa
13. Animals; Nuis~ Dog~~~~C~ ~ r household pets shall be permitted,
provided that they are not kept or maintained for comm~ purposes and further provided that
they are kept and maintained in compliance with ali applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Homesite for any purpose. No
noxious, offensive or illegal activities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that i~ ~sance or an anno /~
(fi t~community.
Q~q¢
l4. Maintenance of ~i d~m rovem~e~nats. All Homesites shall be
maintained in a sightly cord'' t~' ~~•ss ~~ °
improvements on the Homesites shall be malntallf'r~~ ~ Feeds and high grass, and all
is harmonious with other ro ~~~~tly condition, all to a standard that
p petty in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. If the Owner of a Homesite fails to
comply with these requirements, the Association shall have the right to cause such maintenance
to be performed and to charge the cost thereof as an Assessment attributable to such Homesite as
provided in the Master Declara
a~,~ ~p~
15. Repair or Removal of ~,~~5",~"`y Improvement damaged in whole or
in part by fire, windstorm or a ~r>iriist be
and the Homesite restored to a g l~y ~~~gestored or all debris removed
completed within three (3) months from~he~date o t ~storatlon or removal of debris shall be
extension. If the Owner of a Homesite fails to com I ~ unless the ACC grants a written
p y with this requirement, the Association
181263_ I . DOC
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~~'° B2491 P1100 10-48-390002
B~unsuiek~Cill ~iIII~III~IIIIII ~II a{obDeads • Robinson
page 6 of 9
shall have the right to cause such restoration or removal to be performed and to charge the cost
thereof as an Assessment attr~ble to such Homesite~~~"pded in the Master Declaration.
~~~q o ~
16. Welts and Irrigati ¢ ~~~~o well shall be drilled, installed or allowed
to remain on any Homesit water o~~~l~i~4sehold or potable water supply
purposes. A well ma be ins~een a I
Y ~k~fg~] tton purposes only, provided that the
location and screening of any above ground equipmen~improvements must be approved by
the ACC. Further, irrigation systems shall be designed or irrigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
17. Lakes and Pods. The use of any lake or po d, or any portion thereof, located
within the Property is subjects les and regulati s~ !t~~ association, which may include
prohibition of use. To the extent~f~ all libb~6f~a lake or pond is located within a
Homesite or abutting the pro ~ ~a ~es~i ~ ~~~~vner of such Homesite shall be
responsible for maintaining t~~~~°"~ I~antr.~, uc~~a~e or pond and for controlling erosion
due to stormwater runoff' from within such Hom~e~C~~gQ
18. Wetlands. Certain Homesites may contain wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Filling, grading, excavating and other land disturbing
activities are prohibited in such wetlands on any Homesite.
19. Easements. Dec~t hereby ~t;;adf, its successors and assigns:
(i) easements for drainage and utilitie3`~ ~ ong all property lines, measured ten
(10) feet into the Homesite fr ~ line;~~'asements as shown on the Plat;
and (iii) easements describe the Ma'j(~ n, Such easements shall be for
installation and maintenance of drainage facilities an ~s across, on and under the grou de
or for other purposes as specified on the Plat or in the Master Declaration, together with the right
of ingress and egress over and upon the subject properly for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications, water sup ly, sewer, and irrigation. All such easements are nonexclusive
and shall be assignable, in wh~~r in part, to the A ~ r~ to public utilities, and to other
providers of utility services. ~qQ ~~~
20. Waiver of and
ions~~roval authority is specifically
granted to the ACC herein or i the Master ~ ACC may waive a violation of a
covenant, condition or restriction by appropriate instrumen in writing. Otherwise, Declarant
may waive any violation of the covenants, conditions and restrictions set forth herein, or release
any of the easements reserved herein, by appropriate instrument in writing; provided that any
waiver of paragraph 7 shall require approval by the Division of Water Quality of the Department
of Environment and Natural Re~~urces, or other appropriate f~~,cial or authority of the State of
North Carolina, o~~~ ~~~~
21. Amendment. ¢Q~~~dq~ ~~'r'a~o~~r{~Ctions but not the
set forth herein may be amend~l~` ( easements)
Y vote or written agreement of Owners to
which at least sixty seven percent (67%) of the vot ~~ the Owners of Homesites in the
Development are allocated; provided that any such amendment must be recorded in the land
161263_LDOC _ 6
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-- M ~ O20nor-, ua~~l~IIG~Gaa

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0~ uuaoor~r~~~aa
~" 62491 Pi101;9-48-39°0a2
~'lll~'III~IIIIIIIII Robert J. Robinson
Brunswick County, NC Register of Deeds page 7 of 9
records for Brunswick County, North Carolina in order to be effective, and any amendment prior
to December 31, 2033 shal`~~ u~re the written co o Declarant. Any amendment of
paragraph 7 shall require appro~~~y th ~n Quality of the Department of
Environment and Natural Resou ~i~dpriate official or authority of the State of
North Carolina. n ~~~ ~apo~~II~4Qa
22. Termination. The covenant~~~di~onQ~d restrictions set forth
same may be amended in accordance with the provisions hereof, shall run with theeland thaths
subject hereto and shall be binding on all owners of such land and all Persons claiming under
them. This Supplemental Declaration may be terminated only by the affirmative vote or written
agreement of Owners of property in the Development to whi at least eighty percent (80%) of
the votes of all the Owners ~ (located; rovid rder to be effective any such
termination must be recorded in th~ r p ~~ County, North Carolina, and any
termination prior to Decemb ~ a~rru' II 'then consent of Declarant. An
termination of paragraph 7 ~l~r qu~r ; y
Department of Environment and Natural Rees ~ ~e - -vision of Water Quality of the
ourr appropriate official or authority of
the State of North Carolina. The easements reserved herein shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Carolina.
~~o~~~
23. Enforcement. Exce q ~~ a waiver has been duly granted as
provided herein, Declarant, t their rip ~+ccessors and assi ns and a
Owner of a Homesite shall ha right ~ d roceeding at law or in equity, all f
the covenants, conditions and restrictions set forth herel~a~ainst any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Carolina shall have the right to enforce paragraph 7 hereof.
24. Application of Res~ons• ~s, ~e foregoing covenants,
conditions, restrictions and ease 1 1 nI to the Property and not to an other
property now or hereafter own~d~~~~~o les~~~c~f IIo~f'~a j y
covenants, conditions, restrictions and easem~~~ r property is sub ected to such
Declarant and recorded in the land records for Brunk County~nsW bout limiting the
foregoing, this Supplemental Declaration shall not apply to any property designated on the Plat
for future development. The rights of Declarant hereunder shall inure to the benefit of its
successors and assigns if so specified in an instrument executed by Declarant and recorded in the
land records for Brunswick Co ,provided, that this requir nt of designation in a recorded
instrument shall not apply to a m ee who ac t ~ foreclosure or deed in lieu of
foreclosure to any property owned by ~~,
Declarant under, the Master De O ~ Ject to, or subject to annexation by
`~~~ fubor~~~~~aa
25. Severability. Invalidation of an~~r~o~~~~tttrr
the other provisions hereof, which shall remain in full force and effectall In no way affect any of
181263_ I.1)OC . 7 _
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~IIIIIIIIIIIIillllllll Bzasi Pi10z 1D:48:39.002
Brunswick County, NC Register of bDeeds ~ paye 8 of 9
1N WITNESS WI-IERE(~leclarant has ~ ndment to be executed the day
and year first above written. qQ ~(~~~
~~
~~ ~ ~ c~borr~~c~~a
~~~~c~Q~ Sunset Harbor, Iec.
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By:
Mark . Sa de res~
NORTH CAROLINA - BRUNSWQCO ~~~
~~
I' ~~- ~' F~~~''y that MARK A. SAUNDERS
personally came before me th' ~y and ac ~ e is President of SEAWATCH AT
SUNSET HARBOR, INC., a corporation, and that he as president, being authorized to do so,
executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the ~ day of 20 (~
(Official Seal) ~``''o~ ~ .
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• '• ~9 % ~ C C Notary Public
'• !-~ARs. s ~ % Printed or typed na
:`A~ ~~~~~~ ~ v My commission expires: ~Q
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. ~ ~ ~ IIIIIilllll I III 82491 Pii03 t 548:39 002
Brunsw unty, NC Register of Desds page 9 of 9
Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental~Declaratioq said Deed of Trust being •recorded in Book 1299,
Page 1135, Brunswick County ~Jy, )ems m . 6~eroof for the puEpose of
subordinating and subjecting said De~gf T~~~~~ 'Supplemental Declaration.
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~ Ice President
NORTH CAROLINA - BRUNS'V~~ CO
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I, Sao aNotary Public, certify that
d fore me this day and acknowledged
that he or e' is . Vice President of BA~ CA, N.A., a corporal¢oq and
that hdshe a~ Vice President, being authorized to do so, executed the fon~oing on
behalf of the corporation.
Witness my hand and o~ciat seal, this the ~ day of ~ 20~.
(O,,~Sc9al Seal) ao~~Q~~Q ~ (s`'
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hb!sry wi.; '~c r;tian Cr9roNna GS,~CS'3{ °
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-s' N!!: ti;.= ~: t tiHNER KEPLEY J tS ~ L-~'h er~Co n ~~l l Notary Public
!+~y G~.Y,m. Exp. Feb. 28.2009' Printed or lyFed lt4ylfe ~~
My commission e~ires: cZ. jc~~~ _
RECORD OF POOR QUALITY ~i ~ '
DUB 1'0 CONIDITION OF ORIQII~fAL ~~~~
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~O~"cs~, 12:35:18.002
~~ k~~lllllllll IIIIIIIIIIiI B25?3 P0473 03.20.200,
~fiq Robert J. Robinson
~~~ wick County, NC Register of Deeds page 1 of 9
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Supplemental Declaration of
tg~~ov~e Covenants and~QEa~~senments
Sea a~ Ik~rb r
NORTH CAROLINA -BRUNSWICK COUNTY
THIS SUPPLEMENTAL DECLARATION is made on ~~ a~(iw , 2007, by
SeaWatch at Sunset Harbor, Inc., a North Carolina corporation ("Declarant").
~~°~~~~aWITNESS ~~
qQ ~~~
WHEREAS, Declarant '' ~i•J o~certa' a located in Brunswick County,
North Carolina, and more parti~~lNai~'y aescrl s:
~~qQ
Being all of the property shown on that plat of SeaWatch at Sunset Harbor,
Phase 10-B, recorded in Map Cabinet ~ at Pages ~ (v - 1-l ,
Brunswick County Registry (hereinafter referred to collectively as the "Plat") (the
numbered lots shown o~n the Plat are hereinafter referred to individually as a
"Homesite" and collecti~~l~as the "Homesi •" ~omesites and Common
Elements shown on the Pla~~re r to collectively as the
«~,ope1.ty„) ~ ~ ~ u~or~r~IICr~aa
l~J ~ ~~jj ~
WHEREAS, Declarant executed ~1V[a~te~~~~tion of Protective Covenants and
Easements for SeaWatch at Sunset Harbor and caused it to be recorded in Book 1864 at
Page 714, Brunswick County Registry (together with all amendments thereto and supplemental
declarations recorded in accordance with the provisions thereof, the "Master Declaration")
(unless otherwise defined herein, all terms defined in the Master Declaration shall have the same
meanings in this Supplemental IS~aration); ~~~
~Q~q~ ~
WHEREAS, the Master Dec i~~certain covenants, conditions, restrictions
and easements running with t ~ pro " ng forth certain functions and
duties of SeaWatch at Sunset or Prop ~~iation, Inc. (the "Association") and
(89132_3.DOC Prepared by: Schell Bray Aycock Abel & Livingston P.L.L.C.(JAM)
(Without Title Examination)
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12:35:18.002
~~©~ ~ I I I II II I I I II I II I II III Bz5~3 P0474 03-20-2007
~c~~qQ ~~~ Robert J. Robinson
3ck County, NC Register of Deeds page 2 of 9
~~0~~~~~r~r~46~aa
l~1° Q
its Architectural Control Committee (the "ACG"), and easements and other rights reserved by
Declarant;
WHEREAS, the Master Declaration provides that Declarant may annex additional land
into the Development, and D ~ t wishes to ann~ o perry into the Development by
recordation of this Supplemental Dec io
(1 r ~~O ~ n (,~
WHEREAS, Declarant~.~Usld~-d~r~~~~~jj ul~~ct~ ~i~~roperty to certain additional
covenants, conditions, restrictions and easemen'f~~i~~urpose of protecting the value and
desirability thereof and of other adjacent properties.
__
NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the
Development and shall be held, sold and conveyed subject to the covenants, conditions,
restrictions and easements cont~t~d in the Master Decl a and to the following additional
covenants, conditions, restrictions ~}~asem 1hall run with the land and be
binding upon all parties having an~{''~ rest m the Property or any part thereof, their
heirs, successors and assigns, a~ ~}4;~~ , . the bed owner thereof.
~~-~~~~a
1. Homesites and Common Elements; Resections on Driveway Connections.
Each of the Homesites is hereby designated as a Homesite, as defined in the Master Declaration.
The streets and other Common Elements shown on the Plat aze hereby designated as Common
Elements, as defined in the Master Declaration. For any Homesite adjoining an alley Common
Element located to the reaz or si~ of the Homesite, the drive connection shall be to the alley
and not to any street adjoining the~or side of ~~e~~~
`IQ
2. Land Use and ~" hal ~ e. Thy shall be used for residential
purposes only, and no structures-s 1 be a ~~~ed to remain on any Homesite except
one detached single-family dwelling not exceeding orty~~0) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered to be an outbuilding for purposes of this restriction). No dwelling
shall be erected or allowed to remain on any Homesite unless a construction of such dwelling
is substantially performed on th~''d°'~l~mesite. No mf~?? ei ,mobile home, manufactured
home or geodesic dome shall be erec~~da Eb~on any Homesite. No street shall
be laid out or opened across o d ~~si~o ,,elite or any structure located
thereon shall be used for the a ~~~~ article or for any commercial purpose
whatsoever, or for conducting any business, trade ~`~~SSion that involves the coming and
going of customers or suppliers to and from the Homesite; provided, however, that a Homesite
may be used for a temporary sales office and/or model with the prior written consent of
Declazant.
3. Resubdivision iii Combination. elite or Homesites shall be
resubdivided, combined or any boary ~~~thout the written approval of
Declazant. In the event that an a r ed, the resulting Homesite or Homesites
shall be shown on a recorded ~~~~~ ants, restrictions and easements set
forth herein shall apply to each resulting Hom~~~Cc,~gQ
189132 3.DOC - 2 -
~ ~~~~
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C~i~~OO~ 12:35:18.002
~~ I~IIIIIIIIIIIIIIIIIII B2513 P0415 °3.20.207
~Q~qQ ck Country, NC Register ofbDeeds page 3 of 9
O ~ ~ ~~o~~~~~a
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4. Architectural Control. In addition to the architectural control provisions
contained in the Master Declaration, the following provisions shall apply to the Homesites:
(a) All proposed i~t vements and tan including any alterations or
additions, on any Homesite must blew 5~ ~l r~e ACC. By way of illustration
and not of limitation, improveme ~~')pF(~'~ shall include any dwelling, outbuilding,
paving, fence, wall, exterior l~t `eft ain~i'~'~~~&amental or functional exterior
features (including flags, planters, statues, law>~~~~bird feeders and bird baths, any of
which ornamental or functional exterior features may be prohibited by the ACC).
(b) No living tree four (4) inches or more in diameter at four (4) feet high from
ground elevation, or any flowering tree or shrub, shall be cut without the prior written consent of
the ACC unless it is in the area~~~ Homesite approved for~n~~ruction of a structure.
~~ D
~ I~~
(c) The review and a q ~~~ a conducted in accordance with the
Master Declaration and the arc t ~ s stand~~ID elines adopted by the ACC, as
amended from time to time. r to co e d Tearing, grading or construction, the
Owner must submit an application with two (2) comp a sets of proposed construction and
landscaping plans, and any other information required by the ACC. The ACC shall review and
may approve, disapprove or require modifications to the plans. The ACC shall also have the
right to require an application fee and a construction bond or deposit, as provided in the Master
Declaration. ~
(d) Once construction of a ~l~~mmenced, it must be completed and
ready for occupancy within l~s. gaping shall be finished upon
completion of the dwelling, w~~ermi~~~no event later than sixty (60) days after
the date the dwelling is occupied. Upon written reques~~e Owner and for good cause shown,
the ACC may, in its sole and absolute discretion, extend the time for completion of construction
or landscaping. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans as evidenced by a certificate of completion issued by the
ACC; provided that in no event shall a certificate of completion be construed as providing any
assurance regarding the quality;'~tt ess or suitabilit a i~n, materials or construction, or
compliance thereof with any applicaY~ern~i~~g~~ oVVr other laws.
5. Minimum Dwell~fi~e:'l~sj~ "s~ai'1`b`~e erected or allowed to remain on a
Homesite unless the total floor area of the heateda~~in the roofline of the main structure,
excluding any basement, garage and one-story porches, is at least as follows:
Homesites 70-94 2,200 square feet
Homesites 95-104 2,500 square feet
~~~~ ~~~~
6. Building Location Q Set ~A'CC shall have the authority to
determine the specific location of a ~}} ~scture on any Homesite; provided that
no dwelling, detached garage o~~,~dhtb ~n sh~~i~6~d or allowed to remain on any
~~~~Q~QQ
189132 3.DOC - 3 -
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(~ ~ I ~ I NJG'lOo G~(~13C~~14

~~0°~,> 12:35:18.002
~ ~I I I I II II I I I II I l i II I III B2~13 R04~6 03-20-2007
Robert J. Robinson
~C`~q~~~~ thick County, NC Register of Deeds page 4 of 9
~' I NJGvIOIrI~IIC~f~l4
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Homesite nearer to any property line than the minimum setback lines shown or described on the
Plat, unless such a setback is waived or modified in writing by the ACC.
7. Stormwater Management; Impervious Surface Coverage. The covenants in
this paragraph are intended ~ nsure ongoing co a with the State Stormwater
Management Permit for the Prope~~ssue ~ of Environment and Natural
Resources, Division of Water (~~I.1000. The State of North Carolina is
made a beneficiary of these co ~t 'tfi't~ Dent ~f'~~~ maintain compliance with the
Stormwater Management Permit. These cove~~~~r~~ g to Stormwater may not be altered
or rescinded without the express written consent of the to of North Carolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. The maximum permitted built-upon
area per Homesite is as follow_s_:
`~~a
Homesites T~~q4 S,5( ~~
Q
This allotted amount includes ~i t~ area co~ithin the Homesite boundaries,
and that portion of the right-ofy betwe ~ a of the Homesite and the edge of the
street (back of the curb). Built upon area includes~~~s not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or
altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development,
except for average driveway crc~~sings, is prohibited by any p ns. Filling in, piping or altering
any designated 5:1 curb outlet associated p~~lopment is prohibited by any
persons. A 30' vegetated buffer mus en all built-upon area and the mean
high water line of surface Ovate s a~~at least 30' from the mean high
water mark. This project has a outlet ~j"if designated curb outlet Swale shown on
the approved plan must be maintained at a minimum ird~' long with 5:1 (x:V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the
Common Elements or a drainage easement as shown on the Plat.
8. Outbuildings an~'ls; No Tempor res. No detached garage, shed,
workshop, pool house or other autbuSi -e ~ed or allowed to remain on any
Homesite without the prior wri i~ hA C and no Homesite shall have more than
NJ o (~fIGfIG,l4
one outbuilding (a detached s co to~8~ an outbuilding for purposes of this
restriction). An outbuilding must be architectur ~b'~~tible with the dwelling located on a
Homesite, as determined by the ACC. No pool shall be constructed, placed or allowed to remain
on any Homesite without the prior written approval of the ACC. No structure of a temporary
character shall be erected, placed or allowed to remain on any Homesite, nor shall any building
materials be stored on any Homesite. No tent, camper, garage or other outbuilding shall be used
as a temporary or permanent re~l'~ce. ~~~
~r~qQ ~ ~
9. Fences, Walls, Pla r ~ ~aeftt and Signs. No fence or wall shall be
erected or allowed to remain~~ written approval of the ACC.
No chain link fences shall be a proved. ,~nnel shall be erected or allowed to
189132 3.DOC - 4 -
~~~0~~
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`~~°~ 1~ ~ _ ~~IIIIII IIII 1111111 IIIII B?~73 p@4?? ° sa~-?e°°°2
~~~qQ ~ 3ck County, NC Register of Deeds page 5 of 9
O ~ ~ NJC70(~G~~~Il1LL
~~~~~~
Q~{'qQ
remain on any Homesite. All playground equipment on any Homesite must be approved by the
ACC and must be located behind the rear line of the dwelling. No billboazds, posters or signs of
any kind shall be erected or allowed to remain on any Homesite, except (i) a name and address
sign, and (ii) a temporary sign reflecting construction soft a dwelling on such Homesite by a
licensed contractor; the design o~~:'thQpermitted sign~~ I ~e proved by the ACC.
10. Outside Antenn~4s~`p
satellite dishes or similar devic ~~ ~~ b
as permitted by the azchitectural design
amended from time to time.
e No outside radio or television antennas,
a~"6~~"t~emain on any Homesite, except
'sidelines adopted by the ACC, as
11. Fuel Tanks and Storage Receptacles; No Clotheslines. The placement,
screening and maintenance of fuel storage tanks and receptacles for garbage, trash or lawn debris
shall be approval by the ACC, 4ch may require fuel stor tanks to be buried. No outdoor
clothes poles, clotheslines or sumlctur Y~b~ or allowed to remain on any
Homesite. O
M ~ ~ c~aor~r~~~aa
12. Boats, Trailers pfd Certain~~3~ a oat, watercraft, trailer, bus, camper,
motor home, recreational vehicle, commercial vehicle,operative or unlicensed vehicle shall
be pazked for longer than twenty four (24) hours on any Homesite, except in a garage with the
garage door fully closed (a standazd size pickup truck maintained for personal use shall not be
considered a commercial vehicle for purposes of this restriction). Violators may have their boat,
watercraft, trailer or vehicle t&i ed by the Association at a owner's expense. No boat,
watercraft, trailer, or vehicle of ~a~o~;~e shall be a ermanently or temporarily, on
any Homesite prior to completion and ~°~~ lmg on such Homesite.
n ~ U ~ '" uao~~~~aa
13. Animals; Nuisah~as . ogs~~t~ er household pets shall be permitted,
provided that they aze not kept or maintained for com~ purposes and further provided that
they aze kept and maintained in compliance with all applicable laws and ordinances and any
rules or regulations adopted by the Association relating thereto. Otherwise, no animals, livestock
or fowl of any kind shall be kept or allowed to remain on any Homesite for any purpose. No
noxious, offensive or illegal act~tvities shall be conducted upon any Homesite nor shall anything
be done on any Homesite that is ~'i~~ance or an ann~~e/~ ~e community.
qQ ~I. /~
14. Maintenance o i ~ o ,gts. All Homesites shall be
maintained in a sightly con~ee ~ ~ ~~i `, weeds and high grass, and all
improvements on the Homesites shall be mamtam~r~htly condition, all to a standazd that
is harmonious with other property in the Development, as determined by the ACC and the
Association in accordance with the Master Declaration. If the Owner of a Homesite fails to
comply with these requirements, the Association shall have the right to cause such maintenance
to be performed and to charge the cost thereof as an Assessment attributable to such Homesite as
provided in the Master Declarat~o''~ ~ ~ n
~~
~~qQ I~
15. Repair or Remov ¢~~t~ Any improvement damaged in whole or
in part by fire, windstorm or ust ~~~~~ restored or all debris removed
and the Homesite restored to a sightly con ti ~~~~c~t~ration or removal of debris shall be
189132 3.DOC ' S
n ~ ~ ~ ~ NJC'l o0(~~ZIC~L7L14
w~

~~G~ I~~Illlllllll IIIIIIIIIIII B25~3 P041$ °2-35:180©m2
~ Robert J. Robinson
~?q~~~~ sck County, NC Register of Deeds page 6 of 9
n ~ ~ ~aO~~NJnI"lOo/~(~1~Gdlld
l~J ~Q~qQ
completed within three (3) months from the date of the casualty unless the ACC grants a written
extension. If the Owner of a Homesite fails to comply with this requirement, the Association
shall have the right to cause such restoration or removal to be performed and to charge the cost
thereof as an Assessment attributable to such Homesite as provided in the Master Declaration.
16. Wells and Irrigation"o o v`~~ be drilled, installed or allowed
to remain on any Homesite fo r o er household or potable water supply
purposes. A well may be insta o{~ forurposes only, provided that the
location and screening of any a ve ground eq ~~~i~~~mprovements must be approved by
the ACC. Further, irrigation systems shall be designed or urigation water shall be filtered as
necessary to avoid staining or discoloring of sidewalks, curbs, paving or similar improvements.
17. Lakes and Ponds. The use of any lake or pond, or any portion thereof, located
within the Property is subject les and regulations of a~} s~sociation, which may include
prohilrition of use. To the extent t~~~11 or a c~Llalce or pond is located within a
Homesite or abutting the grope Q ,~e Owner of such Homesite shall be
responsible for maintaining the ~.~ of suol~3t~kDnd and for controlling erosion
due to stormwater runoff from in such ~~Q~`1Q
18. Wetlands. Certain Homesites may contain wetlands subject to U.S. Army Corps
of Engineers regulatory jurisdiction. Filling, grading, excavating and other land disturbing
activities are prohibited in such wetlands on any Homesite.
19. Easements. Decla~hereby res ~t~e f, its successors and assigns:
(i) easements for drainage and utilities ~ia~ s t® ng all property lines, measured ten
(10) feet into the Homesite fro}~p ~~ ~~~ line; ~~;~~sements as shown on the Plat;
and (iii) easements described ' e Masi'- 'on. Such easements shall be for the
installation and maintenance of drainage facilities an i)~es across, on and under the ground,
or for other purposes as specified on the Plat or in the Master Declaration, together with the right
of ingress and egress over and upon the subject property for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications, water sup 1 ,sewer, and irrigation. All such easements are nonexclusive
and shall be assignable, in who~in part, to the A ~~QQ~to public utilities, and to other
providers of utility services. Q~qQ ~ ~~ls`'
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20. Waiver of and ~a ~~~ s. e approval authority is specifically
granted to the ACC herein or in the Master De~i~~Fd?at e ACC may waive a violation of a
covenant, condition or restriction by appropriate instrument in writing. Otherwise, Declarant
may waive any violation of the covenants, conditions and restrictions set forth herein, or release
any of the easements reserved herein, by appropriate instrument in writing; provided that any
waiver of paragraph 7 shall require approval by the Division of Water Quality of the Department
of Environment and Natural R~rc~ces, or other approp~t~~cial or authority of the State of
North Carolina. ~~qQ
21. Amendment. T~e~t~~Qnditidil~~ictions (but not the easements)
set forth herein may be amended only by the'~i~~e~r~/S or written agreement of Owners to
189132 3.DOC - 6
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`~~'° fifi glllllll IIII IIIIIIIII III 82573 pea?9 m so~~ze°00z
q~ ~ ~ wick County, NC Register of Deeds page 7 of 9
n ~ ~ NJG90o(~(~~pC1Q
l~ ~9G~~Gs~~~,~QL
which at least sixty seven percent (67%) of the votes of all the Owners of Homesites in the
Development are allocated; provided that any such amendment must be recorded in the land
records for Brunswick County, North Carolina in order to be effective, and any amendment prior
to December 31, 2033 shall require the written consent of Declarant. Any amendment of
paragraph 7 shall require appr«by the Division o ~ Quality of the Department of
Environment and Natural Resources, o ~r ~ide~al or authority of the State of
North Carolina. ~ ~~
n ~ ~ Sao c~ao~r~~~r~aa
22. Termination. Thee covenants, c~it~ restrictions set forth herein, as the
same may be amended in accordance with the provision~sereof, shall run with the land that is
subject hereto and shall be binding on all owners of such land and all Persons claiming under
them This Supplemental Declaration may be terminated only by the affirmative vote or written
agreement of Owners of property in the Development to which at least eighty percent (80%) of
the votes of all the Qwners ~~allocated; provided that 'n rder to be effective any such
termination must be recorded in the recor '~ unty, North Cazolina, and any
termination prior to December 31 ~~~ ~r~~' "'e wntten consent of Declarant. Any
termination of paragraph 7 s 1 >~ royal b~c~~II~~'ision of Water Quality of the
Department of Environment anatural Re a appropriate official or authority of
the State of North Carolina. The easements reserved ~in shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument. recorded in the land records for Brunswick County, North
Carolina. ~~,~
23. Enforcement. Except~° ~~waiver has been duly granted as
provided herein, Declarant, th ~~~r4~~~~ccessors and assigns, and any
Owner of a Homesite shall hav~~~nght t~~~~~~~,,a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth here~unst any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thereafter. The State of North
Cazolina shall have the right to enforce paragraph 7 hereof.
24. Application of Restrron • a~ k~ Ri ts. The foregoing covenants,
conditions, restrictions and ea a 1 0~ , Property and not to any other
property now or hereafter own ec ss suc o er property is subjected to such
covenants, conditions, restrictions and eas~~~nt to an instrument executed by
Declarant and recorded in the land records for Brunswick County. Without limiting the
foregoing, this Supplemental Declaration shall not apply to any property designated on the Plat
for future development. The rights of Declarant hereunder shall inure to the benefit of its
successors and assigns if so specified in an instrument executed by Declarant and recorded in the
land records for Brunswick Co provided, that this r e ent of desi anon in a recorded
8u
instrument shall not apply to a mor~ee w rr i foreclosure or deed in lieu of
foreclosure to any property owne ~c a~~ tr6w subject to, or subject to annexation by
Declarant under, the Master De . ~~o~~II~~a
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189132 3.DOC - 7 -
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`~~~ ~,~~ I I II II I I I II I I I II I III B25~3 p~~s~ 03.20.20©,
~Q Robert J. Robinson
~~ ~ ~ ~ c County, NC Register of Deeds page 8 of 9
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25. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused this Amendment to be executed the day
and year first above written. ~o,~ ~~~
~~Q
~ n~ n c__ at Sunset Harbor, Inc.
NORTH
I,
personally
SUNSET
executed auG 1V1V~VLAlg va, v..uu,a va .........,=y.+•....•.....
f,~i~rpl Seal) ~ '
d'~'A S. Nq~•i ~O~
ff• G`j ~.~..... `4'tf~'•g4 ~~1rglt terry
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2 ; ~ :_ = m ~ T~ ,Notary Public
~''~ ~a* i Printe name
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`~.,~~ 'c• .•;~:~ .,~••'' My commission expires: ~
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189132 3.DOC 8 '
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WITNESS my hand and official seal, this the l `~ day of Qlr

~~OO~,~ 12:35:18.002
I~IIIIIIIIIII IIIIIIIIIIII B2513 Pa4si 03-20-2007
Q Robert J. Robinson
\ ~~~ ~ ~~ wick County, NC Register of Deeds page 9 of 9
M ~v Rnnn., ^ ~aor~r~~r~aa
Bank of America, N.A., as beneficiary under a Deed of Trust encumbering the property
described in this Supplemental Declaration, said Deed of Trust being recorded in Book 1299,
Page 1135, Brunswick County Registry, joins in the execution hereof for the purpose of
subordinating and subjecting said Deed of Trust, as amended, to this Supplemental Declaration.
~~o~
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NORTH CAROLINA -BRUNSWICK COUNTY
I, /V ~; ~ o ~-Notary Public, certify that
. ~O Y~ ~~ ore me this day and acknowledged
tha>r she is {~ Vi f ~S r~~~tICA, N.A., a corporation, and
that a he as ~n;u Vice dent, ~~ do so, executed the foregoing on
behalf of the corporation.
Witness my hand and official seal, this the ~ day of , 20~
(O~cial Seal)
.• ~-~.ckr:.waa~
OFFICIAL SEAL
Notary Public, North Carolina
COUNTYOFNEW HANOVER
ti_~ MELISSA TURNER KEPLEY
My Comm. Exp. Feb. 26.2009
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Printe ~ name 11
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My commission expires: a t/ o~~ J 0~