HomeMy WebLinkAboutNC0065986_owner name change_20131219YFWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Tom Reeder
Governor Director
December 19, 2013
Attn: Harty Hutchison
Dogwood Trails Association, Inc.
107 Armistead Lane
Easley, SC 29642
John E. Skvarla, III
Secretary
Subject: NPDES Permit Modification- Name and/or
Ownership Change
Permit Number NCO065986
Dogwood Trials Association, Inc.
Haywood County
Dear Mr. Hatchison:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received
on November 19, 2013. This permit modification documents the change of ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
807-6304.
ince ely,
Tom Reeder
cc: Central Files
Asheville Regional Office
NPDES Unit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Ralegh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807.64921 Customer Service:1-877-623-6748 N&ffiCarollina
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c AwAmally
An Equal ODponunityl Affirmative Action Employer
Pettnit NC0065986
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY .
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other -lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
Dogwood Trails Homeowners Association, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Dogwood Trails Subdivision WWTP
NCSR 1306, N of US Hwy 19, Maggie Valley
Haywood County
to receiving waters designated as Evans Branch in the French Broad River Basin in accordance with effluent
limitations, monitoring requirements, and -other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective October 31, 2013.
This permit and authorization to discharge shall expire at midnight on January 31, 2016.
Signed this day December 19, 2013.
T Reeder, Director T
]Division of Water Resources
By Authority of the Environmental Management Commission
Permit NCO065986
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFLUENT
LIMITS
MONITORING REQUIREMENTS
CHARACTERISTICS
[parameter codes]
Monthly
Daily
Measurement
Sample
Sample
1
Average
Maidmum
Frequency
Type
Location
Flow
[50050]
0.020 MGD
Weekly
Instantaneous
I or E
Temperature
00010]
Monitor & Report
Daily
Grab
E
Total Residual Chlorine
28.0 ug/L Z
2/week
Grab
E
[50060
BOD; 5-day (20°C)
[C0310
30.0 mg/L
45.0 mg/L
Weekly
Grab
E
Total Suspended Solids
C0530]
30.0 mg/L
45.0 mg/L
Weekly
Grab
E
NH3 as N (April 1— Oct 31)
11.0 mg/L
35.0 mg/L
Weekly
Grab
E
C0610
NH3 as N (Nov 1— March 31)
27.0 mg/L
35.0 mg/L
Weekly
Grab
E
[C0610
Fecal Coliform (geometric mean)
200/100 mL
400/100 mL
Weekly
Grab
E
[31616
pH
Not < 6.0 nor > 9.0
Weekly
Grab
E
[00400]
standard units
Footnotes:
1. I = Influent; E = Effluent.
2. The Division shall consider all effluent TRC values reported below 50µg/L to be compliant with this
permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina -certified laboratory (including field certified), even if these values fall below 50µg/L
Condition:
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
Permit N00065986
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits -issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Dogwood Trails Homeowners Association, Inc is hereby authorized to:
1. continue to operate an existing 0.020 MGD extended -aeration package plant for 100%-
domestic subdivision wastewater treatment consisting of:
• aeration basin
• clarifier
• chlorine -contact chamber with tablet chlorinator
• tablet dechlorinator, and
• digester
located at the Dogwood Trails Subdivision, off NCSR 1306, 0.95 miles north of US Hwy 19 in
Maggie Valley, Haywood County, and
2. discharge from said treatment works at the location specified as Outfall 001 on the attached map,
into Evans Branch [stream segment 5-26-9], a waterbody currently classified C-Trout within
subbasin 04-03-05 of the French Broad River Basin.
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NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Pat McCrory, Governor
John E. Skvarla III, Secretary
Charles Wakild, P.E., Director
PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Permit Number. NC00_6_/_5_/_9_/_8_/_6_ or NCG6_/_/_/_/_
1. Permit holder's name: Robert B. Briggs
2, Facility Name: Dogwood Trails Subdivision
II. NEW OWNER/NAME INFORMATION:
This request for a name change is a result of.
I
JUL 31 2013
_a. Change in ownership of property/company
_b. Name change only
_X_c. Other (please explain): Takeover of system by homeowners association from developer
2. New owners name (name to be put on permit):
Dogwood Trails Homeowners Association, Inc.
3. New owners or signing official's name and title: Harry Hutchison,
President of Dogwood Trails Homeowners
Association, Inc.
hnpsa/gql-aUachymail.com/us.fl849.mail.yahoo.com/ya/securedow...CZF.9Dzx&ts=1365778481&partner=ymail&slg=loJZFSncydBrncGzakKSLBg— 4i12113, 10:57 AM
Page 1 of 2
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4. Mailing address: 107 Armistead Lane, Easley SC 29642
Phone: ( 864 ) 704-3893
E-mail address: lticktock(Dbellsouth.net
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles
of incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
Applicant's Certification:
(,Harry Hutchison, President of Dogwood Trails Homeowners Association, Inc., attest that this
application for a name/ownership change has been reviewed and is accurate and complete to
the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
Dogwood Trails Homeowners Association Inc.
Signature: by: ' V " _
t Date: 11 —/a- / 3
Harry Hutchison, President
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DENR / DWQ / Point Source Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807-6300 FAX (919) 807-6489
An Equal opportunity Affirmative Action Employer 50% recycled / I0%post-consumer paper
hups,//gq1-adach.ymail.com/us.f1849.mail.yahoo.com/ya/securedow_.CZF.gDzx&ts=1365778481&partner=ymaAslg=IOJZF5ncYdBmcGzakKSLBg— 4/12/13, 10:57 AM
Page 2 of 2
NORTH CAROLINA
Department of the Secretary of State
To all whom these presents shall come, Greetings:
L Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
DOGWOOD TRAILS HOMEOWNERS ASSOCIATION, INC.
the original of which was filed in this office on the 31 st day of May, 2012.
s�jWtIScan to verify online.
Document Id: C201215000454
Verify this certificate online at www.secretary.state.nc.us/verification
IN VJTTNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 31 st day of May, 2012.
Secretary of State
' C201,215000,454
SOSID:1262157
Date Filed: 5/31/2012 8:09:00 AM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina C201215000454
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of
Incorporation for the purpose of forming a nonprofit corporation.
1. The name of the corporation is: Dogwood Trails Homeowners Association, Inc.
2. - (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4).
3. The street address and county of the initial registered office of the corporation is:
Number and Street 154 N. Main Street, Ste 2
City, State, Zip Code Waynesville NC 28786 County Haywood
4. The mailing address If doerentfrom the street address of the initial registered office is:
5. The name of the initial registered agent is:
Frank G. Queen
6. The name and address of each incorporator is as follows: Frank G. Queen, 154 N. Main Street, Ste 2, Waynesville NC
7. (Check either a or b below.)
a. The corporation will have members.
b. The corporation will not have members.
8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution.
9. Any other provisions which the corporation elects to include are attached.
10. The street address and county of the principal office of the corporation is:
Number and Street 154 N. Main Street, Ste 2
City, State, Zip Code Waynesville NC 28786. County Haywood
11. The mailing address if different from the street address of the principal office is:
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
C201-215000454
12. These articles will be effective upon filing, unless a later time and/or date is specified:
This is the 25th day of May ,20 12
Dogwood Trails Homeowners Association, Inc.
C%AJZ >4:d Q oo�
Signature of Incorporator
Frank G. Queen, Incorporator
Type or print Incorporator's name and title, if arty
NOTES:
1. Filing fee is $60. This document must be filed with the Secretary of State.
Revised January 2000
Form N-01
CORPORATIONS DMSION P. 0. BOX 29622 RALEIGH, NC 27626-0622
C201315000454
Non-profit homeowners association provisions
Section 9 of the Articles of Incorporation shall incorporate these provisions:
a. The purposes for which the corporation is organized are the maintenance of a
homeowners association within the meaning of Section 528 of the Internal Revenue Code of
1986 or the corresponding provision of any future United States Internal Revenue law.
b. Notwithstanding any other provision of these articles, this organization shall not carry on
any other activities not permitted to be carried on by an organization exempt from Federal
income tax under Section 501(c)(4) or Section 528 of the Internal Revenue Code of 1986 or
the corresponding provision of any future United States Internal Revenue law.
c. No assets or earnings of the corporation shall inure to the benefit of any officer, director
or private person, except as provided under the General Statutes of North Carolina for non-
profit corporations.
d. In the event of dissolution, the residual assets of the corporation will be turned over to
one or more organizations which themselves are exempt as organizations described in
Sections 501(c)(4), 528 or 170(c)(2) of the Internal Revenue Code of 1986 or corresponding
sections of any prior or future Internal Revenue Code, or to the Federal, State or local
government for exclusively public purposes.
e. To the Mest extent permitted by the North Carolina non-profit corporation law as it
now exists or may be amended, no person who is serving or who has served as a director of
the corporation shall be personally liable to the corporation or any of its members for
monetary damages for breach of any duty as a director. No amendment or repeal of this
provision shall reduce the protection granted by it as to any matter that occurred prior to
such amendment or repeal.
Haywood County --Register of Deeds
Amy R. Murray, Register of Deeds
Book 645 Page 506
# Pgs: 6 10/10/2005 11:21:10am
AMENDED NOTICE OF
RESTRICTIONS AND EASEMENTS ON REAL ESTATE
RETURN TO A 0
KERSTEN & DAVIS, P.A.
P.O. DRAWER 1260
Know by all men by these presents: WAYNESVILLE, NC 28786
ROBERT BRUCE BRIGGS and wife CYNTHIA S. BRIGGS, d/b/a/ DOGWOOD
TRAILS, hereinafter called "Developer", are the owners of land situated in Haywood
County, North Carolina, being more particularly described as follows:
All numbered lots within the "DOGWOOD TRAILS" subdivision as shown on survey by
R. Kevin Ensley, P.L.S., dated 8/30/05 being drawing # A-079-05 as recorded in
CAB C Slot 4195 . Said property being a portion of the property conveyed to
Robert and Cynthia Briggs from Donald Bruce and Barbara L. Briggs on 3 / 10/04 and
being recorded at DB 590 Pg 15. Additional numbered lots may be added to this
subdivision and subjected to these restrictions by future surveys at Developer's sole
discretion.
Whereas, Developer desires that all of the above -described real property be subject to
like restrictions and easements for not only the mutual benefit and protection of itself and
all persons, real and corporate, who hereafter may purchase or acquire said property or
any part thereof, but also to protect the unique character and charm of said property and
to assure ever-increasing property values;
NOW, THEREFORE, in consideration of the premises, Developer does hereby
declare said real property to be SUBJECT TO the following restrictions, reservations,
easements and conditions, binding upon said Developer and upon each and every person,
both real and corporate, who or which shall acquire hereafter said real property or any
part thereof, and their respective heirs, personal representatives, successors and assigns,
said restrictions, reservations, easements and conditions being as follows:
PART A - RESIDENTIAL COVENANTS
1) USE: No lots shall be used for other than single-family residential purposes. One
attached or detached garage or carport is allowed per lot as herein provided. Also,
one accessory structure such as a storage building is allowed per lot as herein
provided. Developer reserves the right to designate one or more lots for utility
purposes. Developer shall also have the right to amend these restrictions or add
additional restrictions as hereinafter provided.
2) LOT AREA: No lot shall be subdivided and no more than onel (f } single-family
residence may be placed or permitted on any lot.
3) STRUCTURES:
a) No dwelling shall be erected or permitted to remain on any lot that contains
less than eight hundred (800) total square feet exclusive of attached garage,
carports or porches. No dwelling shall exceed 2 stories or twenty five (25)
feet in height, excluding basements.
Inst#6450506 Page:2 of 6
b) No garage or carports shall exceed four hundred (400) square feet in size or
fifteen (15) feet in height. No other secondary or accessory structure shall
exceed one hundred fifty (150) square feet or twelve (12) feet in height and
only one such structure shall be allowed per lot.
c) Any and all buildings shall be constructed of solid log or have log siding or
natural wood siding on frame construction and shall not be painted but
stained with colors that blend with the natural environment or left its natural
color. All construction on any lot must have matching siding, colors,
design, etc. No building shall be erected, placed or altered on any lot unless
of quality workmanship and materials, and having an external design that is
harmonious with the existing structures and the natural environment. Any
and all building must be approved by Developer in writing prior to
commencement of construction.
d) No modular or manufactured housing of any kind shall be allowed. Site
built homes only.
e) No tents, garages, barns or other outbuildings or structures of a temporary
character including, but not limited to, pre-fab, metal, plastic or canvas -
styled buildings or carports shall, at any time, be located on any lot,
temporarily or permanently.
f) All construction must be built by a Licensed and Insured North
Carolina General Contractor. Once construction of any residence on a lot
shall have commenced, the exterior, including windows, doors and roof,
shall be completed within six (6) months of the commencement of such
construction (provided, however, that this six (6) month period may be
extended if delay in completion is caused by strike, war, riot, act of God or
other similar condition beyond the control of the owner of the homesite or
his Contractor) and all temporary structures, construction trailers, etc., shall
be removed.
g) There shall be a five (5) foot building construction setback from all
property lines including overhangs, eaves and decks.
h) No fence shall be erected on any lot unless it is of wood or stone
construction and shall not exceed four (4) feet in height excepting
subdivision property line fences placed by Developer.
i) No exposed concrete block shall be allowed on the exterior of any
building. All block must be finished stucco, rock or wood or other
acceptable covering.
4) SIGNS: No sign of any kind except a standard size "FOR SALE" sign shall be
displayed to the public view on any lot. No directional signs on any development
roads or entrance way shall be allowed except those placed by the Developer and
his or her agent. The name of the owner or occupant and street number may be
___displayed on a small sign.. Developer or its agents shall have the right to remove
any signs which orate this provision; and; in- so doing, shall not be liable and is
expressly relieved from any liability for trespass or other tort in connection
therewith, arising from such removal.
5) EXTERIOR LIGHTING: No street -type, dusk -to -dawn or watchdog -type exterior
Snst#6450506 Page:3 of 6
lighting is permitted without the express written consent of Developer. Low
voltage, low wattage and/or landscape -type lighting is permitted. Motion -activated
lighting attached to a building is permitted. No exterior lighting of any type that is
deemed in the opinion of the Developer to be excessive or which materially affects
the use or enjoyment on any lot is permitted.
6) ABOVEGROUND POOLS: No aboveground swimming pools (with the exception
of small, inflatable "kiddie" pools) are permitted.
7) DRIVEWAYS: Each lot owner shall maintain their individual driveway and
parking areas. Gravel areas must be maintained by regular grading to avoid the
growth of vegetation and to avoid rutting. In addition, gravel areas must be
maintained with appropriate covering of gravel to avoid exposed soil. Paved areas
must be maintained so as to avoid the growth of vegetation and excessive cracking.
In addition, paved areas must be maintained with an appropriate covering of paving
material to avoid exposed soil.
8) UNKEMPT CONDITIONS: It is the responsibility of each lot owner to prevent
any unclean, unsightly, unkempt condition of buildings or grounds on their lot.
Developer shall have the right, but not the duty, to enter upon any lot for the
purpose of abating any unclean, unsightly or unkempt condition of buildings or
grounds that tend to decrease the beauty of the neighborhood as a whole or the
specific area. This right to abate shall include the mowing of any lot not kept
regularly and fully mowed. The cost of such abatement and any damage resulting
from such entry shall be at the expense of the specific lot owner and shall not be
deemed a trespass.
9) NUISANCES: No noxious or offensive activity shall be carried on or maintained
on any lot, nor shall anything be done or permitted to be done thereon which may
be or become a nuisance. Motorbikes and ATV's are not permitted in the
Development. Drying of clothes in public view is prohibited.
10) FIREARMS: The use or discharge of firearms is expressly prohibited within the
subdivision.
11) GARBAGE and TRASH DISPOSAL: All garbage and trash shall be kept and
stored in containers out of public view. There shall be no burning of trash or other
waste conducted upon any lot unless pursuant to a permit issued by appropriate
governmental authorities.
12) ANIMALS: No horses, cows, hogs, poultry or livestock of any kind (other than
house pets of reasonable kind and number) may be kept on any lot. Should such
pets become a nuisance to other property owners they must be removed from the
premises and the subdivision.
13) STORAGE OF MATERIALS: No building materials of any kind shall be placed
or stored upon any lot except during construction.
14) UNSIGHTLY STORAGE.: No outside storage of any kind shall be permitted
that is viaible from the street or from any other residence in the subdivision. No
storage or parking of,, otorhomes, campers; boats,jrailers, unliccnsed
or inoperable vehicles, etc. is allowed. Fuel tanks may be placed above ground
only if screened by vegetation or natural wood structures.
15) OFF STREET PARKING: There shall be no on -street parking anywhere in the
subdivision. Both prior to or after the occupancy of a dwelling on any lot, the
owner shall provide appropriate space for off-street parking of his and his guests'
vehicles.
Inst#6450506 Page:4 of 6
16) OIL, GAS, MINERAL AND WATER DEVELOPMENT: No drilling for oil,
gas or water or excavation for the extraction of minerals shall be permitted on any
lot in this subdivision, except that, drilling for water may be done by the
Developer on properties either owned by the Developer, the Property Owners'
Association (POA), or upon lots owned by others with their permission. No earth
shall be removed from any lot except for the construction of a residence, garage or
driveway and, in those instances, excavation shall not commence until the start of
construction.
17) CUTTING OF TREES: Except for the clearing of a homesite, parking area, garage
or driveway, no trees shall be cut that are more than six(6) inches in trunk diameter
at a height of two (2) feet above ground level. Selective cutting of treetops,
trimming and pruning of trees shall be allowed in order to have a reasonable view
from a lot. Removal of hazardous trees is allowed with Developers prior approval.
18) EASEMENTS: The Developers do hereby reserve unto themselves, their
successors and assigns, a perpetual right of way and easement over and across all
lands to erect, maintain, repair and replace power and telephone poles, wires,
cables, conduits, sewers, storm sewers, water lines, firebreaks or any other utility
on, in or over five (5) feet along the perimeter of each lot and any such action shall
not be deemed a trespass.
19) DRAINAGE: No lot shall alter the physical landscape of said lot in such a way as
to cause surface water to be discharged onto any other lot. All driveways must
have adequate culvert and drainage ditches so as not to damage roads or any other
lot. Any damage repairs shall be paid for by property owner causing same.
20) AMENDMENTS AND VARIANCES: As long as the Developer owns any lots
in this subdivision, the Developer, in his sole discretion, shall have the right to
amend these restrictions in whole or in part by executing a written instrument
making said changes and having the same duly recorded in the Registry of
Haywood County, North Carolina. Developer also reserves the right, in his sole
discretion, to grant variances to these restrictions on an individual basis. The
decision of Developer to grant or not to grant variances as herein provided is
discretionary and not subject in any way to appeal or review. Since every possible
situation cannot be anticipated, Developer reserves the right to make special rulings
in cases not specifically covered by these restrictions.
21) ROAD MAINTENANCE AND FEES: Maintenance of roads constructed upon
said property to serve lots sold therein shall be the responsibility of the Developer
until a Property Owners Association is formed as herein provided and lot owners
shall pay Two Hundred Dollars ($200.00) per year for said maintenance, subject to
change. This fee is to be paid to Developer on January 1 S` of each year.
This fee specifically does not include re -paving of Subdivision roads. At such time
as re -paving is deemed necessary by a majority vote of the then lot owners, said
re -paving shall be charged at an equal pro-rata share of the total cost to each
owner.
Additional fees may -be charged -at Developer's sole- discretion, for- any damages
caused by any construction or any other activities that impacts, affects or damages
any road, right-of-way, easement or common area of the Development. Said fees
shall reasonably relate to all costs involved in repairing said damages and shall be
paid for entirely by the offending lot owner.
The Developer of Dogwood Trails herein discloses and purchasers herein
acknowledge receipt of the information that the streets have not been constructed to
the minimum standards as established by the North Carolina Department of
Transportation and, therefore, are not eligible at this time for inclusion on the State
Inst#6450506 Page:5 of 6
highway system for maintenance (N.C.G.S. 136-102.61). These roads are private
and will be maintained pursuant to these restrictions.
22) SEWER AND WATER: All lots to be served by Developer -provided and owned
sewer and water systems and owners of said lots shall be required to pay to the
Developer a tap -in fee and a monthly service charge of $3 5.00 a month for water
and $25.00 a month PER BEDROOM for sewer. This amount is subject to change
at Developers sole discretion, and is payable to the Developer the 1 St day of each
month. If any major repairs shall become necessary to said sewer and/or water
systems, such costs shall be paid on a pro-rata basis by the lot owners using that
service. On undeveloped lots only, tap -in fees to be paid to Developer shall be
$5,000.00 for water and $5,000.00 per bedroom for sewer (subject to change at
Developers sole discretion). Developer reserves the right to turn collection of said
service charges and maintenance of sewer and/or water systems over to a Property
Owners Association if and when such Association may be created. Developer also
reserves the right to sell sewer and or water services to lots located outside the
Dogwood Trails Subdivision confines and the right to remove or discontinue the
Developer -provided sewer and water systems and service if and when city sewer
and/or water service becomes available to the Dogwood Trails development. At
such time as either or both services become available and Developer discontinues
service because of this availability, each lot owner in Dogwood Trails subdivision
shall be responsible for hooking into the available system(s) at each such lot owners
expense.
23) PROPERTY OWNERS' ASSOCIATION (POA): Upon the sale of fifty-one (51)
percent of the lots in the subdivision, the Developer may, at his sole discretion,
form a Property Owners Association. If a Property Owners Association is formed
all lot owners will automatically become members of said association and hereby
agree to be bound by the rules and regulations of such association. The "POA"
shall have the following duties and responsibilities:
a) maintenance of all roads, drainage facilities and lighting in the subdivision;
b) maintenance and/or replacement of subdivision, identification signs,
street signs, hydroseeded banks, and decorative plants, trees and shrubs
within the right of way or on "PDX" deeded lands;
c) maintenance of sewer and/or water systems and buildings when and if
Developer elects to turn same over to the "POA";
d) payment of any taxes, assessments and liens on any property owned by
the Association, and maintenance of all lands and personal property owned
by the "POA", including gazebo, tables, etc. at the main entrance of
Subdivision;
e) collection and disbursement of funds required for the above purpose to be
charged to the property owners on a per -lot basis;
f) any other fees or duties as determined to be the responsibility of the "POA"
24) ATTORNEY FEES: The prevailing party in any action brought under or by virtue
of these restrictions, covenants; reservations, -conditions -and easements or which is
applicable in any way to same shall be entitled to recover actual attorney fees as a
part of the taxable court costs in such action and/or any legal fees resulting from
the violation or attempted violation of these restrictions shall be paid for entirely by
the violating party.
In the event that a lawsuit is commenced and then the violation is corrected prior to
settlement, the violating party shall still be responsible for paying all expenses
incurred.
Inst#6450506 Page:6 of 6
PART B - GENERAL PROVISIONS
1) These restrictive covenants are to run with the land and shall be binding on all
parties and all persons claiming under them for a period of twenty-five (25) years
from the date these covenants are recorded, after which time said covenants shall
be automatically extended for successive periods of ten (10) years unless
instrument signed by the majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
2) Enforcement of these restrictive covenants shall be by proceedings at law or in
equity against any person violating or attempting to violate any of these restrictive
covenants, either to restrain such violation or to recover damages, and may be
brought by any owner of the property above described. Developer shall not be held
responsible for any violation of these restrictions by any property owner. The
failure to enforce any restrictions, covenants, reservations, conditions and/or
easements contained herein, however long continued, shall not be deemed a waiver
of this right to do so hereafter as to the same violation or any other violation.
3) All applicable Federal, State and County laws and regulations shall be adhered to
by the individual lot owners.
4) Invalidation of any of these covenants by a judgment or a court order shall in no
way affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, Robert Bruce Briggs and wi e, Cynthia S. Briggs
have caused these presents to be signed this 30 day of S 2005.
/)� /-r 0� A oft e�_� & � � .
R•:
4ell i �r
STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
i,
_ *4144 fW • a Notary Public of said County and
State, do hereby c rtify that obeit Bruce Briggs and wife, Cynthia S. Briggs
personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and seal, this day of - 2005
..
tits-
My commission expires
NOTA
• Rr •
0p G0
*a�rRrno, OMB Approval No. 2502-0265
A. Settlement Statement (HUD-1)
B. Woe of Loan
1. Q FHA 2. (] RHS 3. Q Conv. Unlns, 13.1139
4. [] VA 5. ® Conv. Ins.
S. File Number.
7. Loan Number.
0282458447
8. Mortgage insurance Case Number:
C. *Note: This Corm Is Airntshed to give you a statement of scfual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked •(p.o.c.)' were paid outside the closing; they are shown here for In&=11onal purposes and are not lnetuded In the totals.
0. Name andAddresa of Borrower.
AARON T SCOTT
70 LAKESIDE LOOP EXT.
HICKORY, NC 28601
E. Name andAddress of Seller.
WESLEY J. HINE, JR.
DOUGLAS W. STIMMEL
4869 HEARTHSTONE RD.
CLEMMONS, NC 27012
F. Name and Address of Lender.
8UNTRUST MORTGAGE, INC.
901 SEMMESAVE.
RICHMOND, VA 23224
G. Property Location:
70 LAKESIDE LOOP EXTT,
HICKORY. NC 28601
ALEXANDEt Courtly, North Carolina
H. Se8lementAgent 2D-1970407
THE LAW OFFICE OF CLINT CALAWAY
380 KNOLLWOOD STREET, SUITE G
WINSTON-SALEM. NC 27103 Ph (3W)777.8027
I. Settlement Date:
August 13, 2013
Place of Ssttlemertt
380 KNOLLWOOD STREET, SUITE G
WINSTON-SALEM, NC 27103
J. Summary of Borrower's transaction
K. Summary of Seller's transaction
100. Gross Amount Due from Borrower.
4W. Gross Amount Dim to Seller.
101. Contract sales price
365000.00
401. Contract sales REloe
385 000.00
102. Personal prop2q
402. Personal property
103. Settlement Char ; to Borrower Line 1400
6,273.22
40&
104.
404.
10& .
405.
Ad ustmonts for Items gold by Seller In advahca
Ad ustments for Items Bald by Seller in advance
108. City/Town Taxes to
408. Cilyfrown Taxes to
107. CountyTaxes to
407. Ccun Taxes to
108. Assessments to
4011 Assessments to
109.
409.
110.
416
111.
1
411.
112.
41Z
120.* Gross Amount Due from Borrower
370,273.22
420. Gross Amount Due to Seller
365.000.00
200 Amounts Paid by or In Behalf of Borrower
800. Reductions In Amount Due Seiler:
201. De osit or earnest mom
16W.00
601. Excess gELSIt sea Instructions
202. Principal amount of new loans
32 483.00
502. Settlement chmes to Seller Una 1400
18 20&41
203. E)dsOng I s taken subled to
SM. Existing loan(s) taken s ect to
204.
504. Payoff First Mort ge
205.
50& PayoffS000nd Mortgage
205.
W&
207.
507. (Deposit dlab. asproceeds)
2041
W&
209.
509.
Adjustments for Items unpaid b Seller
Adjustments for items unpaid by Seiler
210. City/Town Taxes to
510. civrownTexes to
211. Coup Taxes 01101/13 to 08113113
938.05
511. Court Taxes 01/01/13 to 08113/13
W8.05
211 Assessments to
512. Assessments to
213.
51&
214.
614.
215.
5%
218.
51B.
217.
517. PROCEEDS to WESLEY J. MINE, JR.
17ZOM.27
218.
51& PROCEEDS to DOUGLAS W STIMMEL
UZEDW
219.
519.
M. Total Paid b ffor Borrower
330899.05
520. Total Reduction Amount Due Seller
365.000.W0
300. Cash at SaftIlMent fromito Borrower
600. Cash at settlement toKrom Better
301. Gross amount due from Borrower line 121)
370 27&22
601. Gross amount due to Seiler line 420
365 000.W
302. Less amount Id or Borrower line 220
330,899.05)
602. Less reductions due Seller fine 520
( 385.000.OUJ
303. Cash XZ From To Borrower
39.374.17
N& Cash ❑ To From Seller
0.010
The undersigned hereby acknowledge receipt of a completed copy of pages 1, 2 & 3 of this statement & any attschments referred to herein.
I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STAYEMENT AND TO THE BEST OF MY OWLEDGEAND BELIEF, IT IS ATRUEAND
ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MYACCOUNT OR INTHIS q ACTION. 1 FURTHER CERTIFY
THAT i HAVE RECEIVED 0 UD-1 SETT ENT STATEMENT.Borrower Seller _ �'(1l ��n'A
LEY J. NE
e n or l o-F sel
0 UGLAS W. STIMMEL
TO THE BEST OF MYKNO taE. THE HUD-1 SETTLEMENT STATEMENT WHICH 1 HAVE PREPARED ISATRUEAND ACCURATEACCOUNT OF THE
FUNDS WHICH WERE R AND HAVE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OFTHIS
TRANSACTION.
� E NT CAIA
all ement gent
WARNING: IT ISACRIME TO KNOWINGLY MW LSE STATEMENTS TO THE UNITED STATES ON THIS OR ANYSIMILAR FORM. PENALTIES UPON
The P�ttrlla Rsporinp eusdsa lUF M aotsdon oflntoteneto Is edinslad SM W40 Mf per meocnit for 0 XIMAnO. reyk MRp d mporinp llf data. This sonny m nal oolo /Cfl� rAwmalon. fandyou are
not mQutrsd to ooneplsM lhbbrm. unesss bdNptsyar s ■ anMy valid oms oonsol rnrmast No oonldenlsthy Is sssared:lbls �faRictosure Is mandsbrI&Thls is dsslansd b prWds dw per/as too RESR4aoasrsd
trsnsedtan with tnbtmelon durtnp the Htremsnt proosss.
Page 1 d3 HUD-1
L. Settlement Charges
700. Total Real Estate Broker Fees $17,337.50
Paid From
Borrowers
Fundest
saaement
Paid From
setters
Fundsal
Sesement
Division of commission (line 700) as follows:
701. 6387.50 to ELITE PROPERTIES
702. 10950.00 to REMAXA-TEAM
703. Commission paid at settlement
17 337.50
704.
705.
BOO. Items Payable In Connection with Loan
801. Our origination charge Includes origination Point 0.000% or $ 0.00 $ 3,909.63 from GFE #1
352.38
802. Your credit or charge (points) for the specific Interest rate chosen $-3,557.25 (from GFE #2)
to SUNTRUST MORTGAGE, INC.
803. Your adjusted origination charges to SUNTRUST MORTGAGE, INC. from GFE #A
804. Appraisal fee to CAROLINAAPPRAISALCO. from GFE #3) POCB:450.00
805.
Credit Report to CORELOGIC CREDCO from GFE #3 POC13:12.50
806.
Tax service to (fromGFE#3)
807. Flood certification to CORELOGIC FLOOD SERVICES (from GFE #3)
6.00
808. (from GFE #3)
809(from GFE if3)
810. (tram GFE #3)
811. from GFE #3
900. Items Required by Lender to Be Paid In Advance
901. Daily Interest charges from 08/13/13 to 09/01/13 19 @ $41.400000 /day (from GFE #10)
786.60
902. Mortgage Insurance premium for months to from GFE #3)
903. Homeowner's Insurance for 1.0 years to NATIONWIDE INSURANCE from GFE #11
1,077.00
...
"
904. from GFE #11
- .
906. (from GFE #11)
1000. Reserves Deposited with Lender
1001. Initial deposit for your escrow account from GFE #9
1.625.241
1002. Homeowner's Insurance 3.000 months @ $ 89.75 per month $ 269.25
1003. Mort a e Insurance 0.00 - months $ 172.44 er month S
1004. Property taxes $ 1,525.20
-
Coun Taxes 12.000 months $ 127.10 per month
1005. months @ $ per month $
1006. months @ $ per month $
1007. months @ $ per month $
1008. $
$-269.21
'4
1009. AGGREGATE ADJUSTMENT
1100. Title Charges
from GFE )
863.60
1101. Title services and lender's title Insurance
to THE LAW OFFICE OF CLINT CALAWAY $ 425.0
'�- ''=�f' 0
1102. Settlement or closin fee
Owner's title Insurance to INVESTORS TITLE INSURANCE COMPAr from GFE tR5
32.40
1103. 438.60
1104. Lender's title insurance to INVESTORS TITLE INSURANCE COMPAI $
Art 4,
1105. Lender's title olio limit $ 328463.00
�r
110. Owner's title P011CY Ilmlt $ 365 000.00 $ End: $0.00
1107. Agent's ortlan of the total title Insurance remium
total title Insurance premlun to INVESTORS TITLE INSURANCE COMP71.00 End: $0.00
1108. Underwriter's portion of the
10.00
1109. SELLER DOC PREP to THE LAW OFFICE OF CLINT CALAWAY
50.00
1110. WIRE FEE to THE LAW OFFICE OF CLINT CALAWAY
1111.
1112.
1113.
1200. Government Recording and Transfer Charges
1201. Government recordin charges to CLINT CALAWAY RECORDING ACCT from GFE# 102.00
1202. Deed $ 26.00 Mortgage $ 76.00 Releases $ Other $ ir'a'
AM,
(from GFE #8)
1203. Transfer taxes :1 ' :' 730.00
Deed$ 730.00 Mortgage$
1204. City/County tax/stamps
$
1205. State taxlstam s Deed $ monuidue,
1206.
1207.
1300. Additional Settlement Cha es 83.00'is-°%i�`('(`�`
1301. Required services that you can shop for from GFE #6
to UALUTREE REAL ESTATE SERVICES $ 83.00
11302. TAX SERVICE FEE 75.91
1303. 2013 PERSONAL PROPERTYTAXES to ALFXANDER COUNTY TAX COLLECTO 360.0
1304. HOME & RADON INSPECTION to M B LAIL 86.00
1305. PEST INSPECTION to BONUS TERMITE &PEST CONTROL
5. 273.22 18 203.41
1400. Total Settlement Cherries enter on Ilnea 103, Section J and 502 Section K
.,.e.,.n. nr own. 2 eflme av sae stalament�
By signing page l of this statement me sign ......mrva...a=.wr•-•--••�•-----�•-•-- -
THE LAW OFFICE t7��
Y, Settlement Agent
Page 2 of 3 HUD-1
(SCOTT,AARON 70 LAKESIDE.PFD/13.1139/12)
f.
Comoarlson of Good Faith Estimate (GFE) and HUD-1 Charges
Good Faith Estimate
HUD-1
Charges That Cannot Increase HUD-1 Line Number
Our origination charge # 801
3.909.63
3,909.63
Your credit or charge (points) for the specific Interest rate chosen # 802
-3,657.25
-3,557.25
Your adjusted origination charges # 803
352.38
352.38
Transfer taxes #1203
Charges That in Total Cannot Increase More than 10%
Good Faith Estimate
HUD-1
Government recording charges #1201
146.00
102.00
Appraisal fee # 804
500.00
450.00
Credit report # 805
12.50
12.50
Flood certification # 807
6.00
6.00
TAX SERVICE FEE #1302
83.00
1 83.00
Total
747.50 1653.50
Increase between GFE and HUD-1 Charges
$
-94.00 or
Charges That Can Change
Initial deposit for your escrow account #1001
Good Faith Estimate
466.00
HUD-1
1,525.24
Daily interest charges # 901 $ 41.400000/day
82.80
786.60
Homeowner's insurance # 903
1,296.00
1.077.00
Title services and lender's title Insurance #1101
1,474.00
863.60
Owner's title insurance to INVESTORS TITLE INSURANCE COIN #1103
32AO
Loan Tenns
Your Initial loan amount Is
$ 328,463.00
Your loan tern Is
30 years
Your initial Interest rate is
4.6000 %
Your Initial monthly amount owed for principal, Interest and
$1,856.29 includes
any mortgage Insurance is
0 Principal
n Interest
Mortgage Insurance
Can your interest rate rise?
❑X No ❑ Yes; it can rise to a maximum of ,__ °A. The first
change will be on and can change again every_ months after
. Every change date, your interest rate can increase or decrease
by %. Over the life of the loan, your interest rate is guaranteed
to never be lower than �% or higher than _%.
Even if you make payments on time, can your loan balance rise?
❑X No ❑ Yes, it can rise to a maximum of
❑X No ❑ Yes, the first increase can be on. and the monthly
amount owed can rise to $_
The maximum it can ever rise to is
Even if you make payments on time, can your monthly
amount owed for principal, interest, and mortgage Insurance rise?
p No ❑ Yes, your maximum prepayment penalty is $_
Does your loan have a prepayment penalty?
p No ❑ Yes, you have a balloon payment of
due in _--,years on -
Does your loan have a balloon payment?
h as property
r perty
0 s and homeowner's Iou do not have a nsurance. ec You payment pay theses Items directly
Total monthly amount owed Including escrow account payments
yourself.
0 You have an additional monthly escrow payment of $216.85 that results
In a total initial monthly amount owed of $2,073.14. This includes
principal, interest, any mortgage insurance and any items checked below:
Property taxes ❑X Homeowner's insurance
❑ Flood insurance ❑
❑ ❑
listed on this form, please contact your lender.
Note: If you have any questions about the Settlement Charges and Loan Terms
Page 3 of 3 HUD-1
(SCOTT, AARON 70 LAKESIDE.PFD/13-1139/12)