SW8890904_CURRENT PERMIT_19891017

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 8g09O`4
DOC TYPE
® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
\c�g9 10 [-1
YYYYMMDD

.State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL
October 17, 1989
Mr. Dominick S. Butch, R.L.S.
Quadrant Surveying, INC., P.A.
106 South Marine Blvd.
Jacksonville, North Carolina 28540
Dear Mr. Dominick:
Bob Jamieson
Regional Manager
�5
ANACEMENT I p P
O�
Subject: Certification of Compliance
with Stormwater Regulations
Project No. 890904
Portofino Subdivision
Onslow County
The Wilmington Regional Office received the Stormwater
submittal for Portofino Subdivision on September 8, 1989. Based
on our review of the project plans and specifications, we have
determined that the project complies with the Stormwater
Regulations set forth in Title 15 NCAC 2H. 1003(a)(2). This
certification shall be effective from the date of issuance until
rescinded and the project shall be constructed in accordance with
the plans and specifications filed with the Wilmington Regional
Office.
If you have any questions concerning this matter, please
call Mr. Mike Williams or me at [phone].
Sin rely,�r`�`'/
A. Pfeston yHH000wwaa 'Jr., P.E.
Regional Supervisor
PER:890904.00T
Attachment
cc: Portofino Associates, LTD
Bill Mills
W( RO� CF
7225 Wrw4itn•illc Avenue, Wilmin},aon, N.C. 28403A696 • Mcphonc 919-2564161 • 1zx 919-256 8572
An Gqu l Opportunity Ai irrnariac Action [mployer

DIVISION OF ENVIRONMENTAL MANAGEMENT
Submittal Form for Projects Using Density Limits for Stormwater Control
PROJECT DATA
Name of Project: FOR ToFlNO
Location (County, Township/Municipality, Address): TopSA%&_ \S%_AOD.
57�r^P SOJND `roww)cN,p Qr11L0%J CouNry N-c .
Applicant Name: QJAp2An1T SJRVE`(iAC,
Mailing Address: _Sv)TE M P-iVElt CoUQT' PLAZA 10f0 S.
Phone No:
Submittal Date:
- 34(' • '2o6
Brief Description (include map and appropriate drawings): /
1 .cL, �j�6tiIWA� a\o , TOPSAIL 1S1,A#,lfl i oNSwt�-j (.A
Water Body Receiving Stormwater Runoff:
Name of Water Body: S 7y M Q
Classification of Water Body: s f
Total Area of Proposed Project (acres):
SDo Nfl
10,63
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimentation and Erosion Control _
404 Permit DEM/DHS Sewage Disposal
Other (specify):
CALCULATION OF BUILT -UPON AREA
I (Built -upon area means that portion of an individual development that is
i covered by impervious or partially pervious cover including buildings,
pavement, recreation facilities, etc. but not including decking.)
a) Bui 1 t-upon area: 170,e_600 FT a
b) Total project area: 463 110 V-TL
,:• % built -upon = built -upon area / total project area . 100
r; % built -upon area = 15 <
If the water body receiving stormwater runoff is classified as SA, is the
built -upon area •_ 25% ? Yes %� No
If the water body receiving stormwater runoff is classified other than SA,
is the % built -upon area 30 % ? Yes _ No _
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes x_ No
(Grassed -lined swales should have a side slope of 3:1 (H:V) or less.)

If no, please provide a detailed description. _
BUFFER AREA
Is the built -upon area t least 30 feet from mean high water of all
surface waters? yes / No
If no, please provide a detailed description.
(Note: Only boat ramps, public roads, public bridges and walkways to water
related facilities are allowed within 30 feet of mean high water if the
project is intended to meet stormwater control requirements through
density limits.)
x ..
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that subdivisions
maintain the development consistent with the plans and specifications
approved by the division and include the State as a beneficiary of the
restrictions?
Yes _1_ No
(Include a copy of the restrictions and covenants with this form.)
CERTIFICATION
I, 20 M1 N1c k S , a uTLk1 , certify that the information included on
this submittal form is correct, that the project will be constructed in
conformance with this information and that to the best of my knowledge, the
the best of my knowledge, the proposed project complies with the requirement
of 15 NCAC 2H.1003 (b).
Signature- Owner or Agent bate
`5utM T I 10(o S.MAR1roE BcVA. tTAe_UoNUIU.E,tQ
Address
If agent, please list owner's name and address below.
oRTo7- 1No Aii octArCs , LTC.
t-Skc,,AA903'. 51EkALY F14QRSSS DEVEtwpif,EN 6oRpe2ATLON
1054 31 sT ST. N W S.,,TE 1 0
tATA SH1N6 TDN, D-G, Z00o7
DIVISION OF ENVI MENTAL MANAGEMENT SIGN -OFF
Regional Office
,, h7
Dat
Date
vidual Evaluating Forms / Plans
Regional Water Quality Supervisor

ER
Prepared By: Robert W. Kilroy, Attorney at Law STUB AT
110 Hampstead Village, Hampstead, N.C. 28443 E III L
L ` LS V� 16
V
Bau 949?&GE147 Nov 19 1993
DECLARATION OF COVENANTS, DD E ., l0, 11
CONDITIONS AND RESTRICTIONS
res,,b. of ago3l&
THIS DECLARATION, made on the date hereinafter set
forth by PORTOFINO ASSOCIATES LIMITED PARTNERSHIP, a limited
partnership organized under the laws of the State of North
Carolina with its principal office located in Onslow County,
North Carolina, hereinafter referred to as "Declarant".
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain property in
.Stump Sound Township, County of Onslow., State of North
Carolina, which is more particularly described as:
See attached Exhibit "A', which is attached hereto
and incorporated herein by reference.
NOW, THEREFORE, Declarant hereby declares that all of
the properties described above shall be held, sold and
conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of
protecting the value and desirability of, and which shall
run with, the zeal property and be binding on all parties
having any right, title or interest in the described
properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
Section I. "Association" shall mean and refer to .
PORTOFINO HOMEOWNERS ASSOCIATION its successors and assigns.
Section 2. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an
obligation.
Section 3. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 4. "Eligible First Mortgage Holder" shall mean
any holder of a first mortgage, who files with the Secretary
of the association, notice, that they are holding a mortgage
on the lot.
Section 5. "Common Area" shall mean all real property
(including the improvements thereto) owned by the
Association for the common use and enjoyment of the owners.
Common Area DOES NOT include that area bounded by N.C.
Highway 210, Lot 1B, common area marsh land along courses
South 41 degrees 33 minutes 01 seconds West and South 05
degrees 44 minutes 32 seconds West from the rear corner line
of Lot 1B to the rear corner line of Lot 5, Lots 5, 4, 3,
Porto Vista Drive, and Lot 2 all.on the North side of N.C.
Highway 210 marked as Reserved in Map Book 26, Page 125
AND DOES NOT include that portion marked PORTOFINO
ASSOCIATION PARTITION OF TRACT "B" in Map Book 26, Page 124.

BOOK 949 PAGE 148
Section 6. "Lot" shall mean and refer to any numbered
plot of land shown upon any recorded subdivision map of the
Properties with the exception of the Common Area.
Section 7. "Declarant shall mean and refer to
PORTOFINO ASSOCIATES LIMITED PARTNERSHIP, its successors and
assigns if such successors or assigns should acquire more
than one undeveloped lot from the Declarant for the purpose
of development.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every
owner shall have a right and easement.of enjoyment in and to
the Common Area which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following
provision:.
a. The right of the Association to charge reasonable
admission and other fees for the use of any recreational
facility situated upon the Common Area;
b. The right of the Association to suspend the voting
rights and right to use of the recreational facilities by an
owner for any period during which any assessment against his
Lot remains unpaid; and for a period not to exceed 60 days
for any infraction of its published rules and regulations;
C. The right of the Association to dedicate or
transfer all or any part of the Common Area to any public 1
agency, authority, or utility for such purposes and subject
to such conditions as may be agreed to by the members. No
such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by
2/3rds of each class of members.
Section 2. Delegation of Use. Any owner may delegate,
in accordance with the By -Laws, his right of enjoyment to
the Common Area and facilities to the members of his family,
his tenants, or contract purchasers who reside on the
property.
Section 3. Parking Rights. Ownership of each Lot
shall entitle the owner or owners thereof to the use of not
less than two (2) automobile parking spaces, which shall be
located on the Lot together with -the right of ingress and
egress in and upon said parking area. The Association shall
insure not less than two (2) vehicle parking spaces for each
dwelling.
Section 4. Common Control Areas. The Association
shall govern any and all repairs, replacements, maintenance
and painting of the Common Control Areas.
Section 5. Exterior Maintenance. Each owner shall
provide exterior maintenance on his facility located upon
each Lot which is subject to assessment hereunder as follows:
paint, repair, replace and care of roofs, gutters,
downspouts, exterior building surfaces, decks, trees, shrubs,
grass, walks and other exterior improvements. The Board of
Directors of the Associations shall establish the standards
for exterior maintenance and shall have the authority to
require compliance with the standards and the enforcement
thereof.

a��K 949 Ps�E 149
3
Section 6. The Association shall provide for all
maintenance of the Common Area and all improvements thereon,
except that part of the Common Area and improvements thereon
for which a Lot Owner shall be liable pursuant to any
agreement between the Lot Owner and the Association.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every owner of a Lot which is
subject to assessment shall be a member of the Association.
Membership shall be appurtenant to and may not be separated
from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The Association shall have
two classes of voting membership:
Class A. Class A members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one
vote for each Lot owned. When more than one person holds an
Interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but,
in no event shall be more than one vote be cast with respect
to any Lot.
class n. The Class B member(s) shall be the Declarant
and shall be entitled to three (3) votes for each Lot owned.
The Class B membership shall cease and be converted to Class
A membership on the happening of either of the following
events, whichever occurs earlier:
a. When the total votes outstanding in the Class
A membership equal the total votes outstanding in the
Class B membership, or
i
b. On the fifth anniversary of the conveyance of
a Lot or other parcel within the development.
ARTICLE. IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Soction 1. Creation of the Lien and Personal
Obligation of Assessments. The Declarant, for each Lot
owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether
or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) Annual
assessments or charges, and (2) Special assessments for
capital improvements, such nssessmentn to be established and
collected as hereinafter provided. The annual and special
assessments, together with interest, costs, and reasonable
attorney's fees, shall be a chargo on the land and shall be
a continuing lien upon the property against which each such
assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also
be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due.
The personal obligation for delinquent assessments shall not
pass to his successors in title unless expressly assumed by
them.
Section 2. Purpose of Assessments. The assessments
levied by the Association shall be used exclusively to
promote the recreation, health, safety, and welfare of the
residents in the Properties and for the improvement and

maintenance of any Common Area; and for the improvement and
maintenance of any Common Control Area and of the home
situated on the properties. In addition, sums shall be
collected and amassed to establish a capital account for
capital improvements and repairs to the properties.
Section 3. Maximum Annual Assessment. Until January 1
of the year immediately following the conveyance of the .
first Lot to an Owner, the maximum annual assessment shall
be not more than Nine Hundred Dollars per Lot and may be
paid monthly, quarterly or semi-annually as determined by.the
association..
a.From and after January l of the year
immediately following the conveyance of the first Lot
to an Owner, the maximum annual assessment may be
increased each year not more than ten (10%).percent
above the maximum assessment for the previous year
without a vote of the membership.
b. From and after January 1 of the year
immediately following the cony^..y•ince of the first Lot
escape liability for the assessments provided for,herein
by non-use of the Common Area or abandonment of his Lot.
51
C. The Board of Directors may fix the annual
assessment at an amount not in excess.:of the maximum.
Section 4. Special Assessments for Capital
Improvements. In'addition to,the annual assessments
authorized above, the Association may'levy,.in any
assessment year, a special assessment applicable to that
year only for the purpose of defraying; in whole or in part,
the cost of any construction,.reconstruction,,.repair or.
replacement of a capital improvement uponathe Common Area,;
including fixtures and personal property related thereto.,
provided that any such assessment shall have the assent of
two-thirds (2/3), of the votes of each class of.members who
are voting in person or by proxy at a meeting duly called
for this purpose.,
under Jsection J3 and 4. Written notice of any meeting called
for the purpose of taking any action authorized under
section 3 or 4 shall be sent to all members not less than�30'
days nor more than 60 days in advance of the meeting. At
the first such meeting called, the presence of members or of
proxies entitled to cast sixty (60%) percent of all the
votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may
be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half.
(1/2) of the,required quorum at the preceding meeting. No,
such subsequent meeting shall be held more than 60 days
following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual
and special assessments must be fixed at a uniform rate for
'all Lots and shall be collected on a monthly basis.
However, notwithstanding this section or any other section
contained herein, Declarant shall be obligated to pay only
one-fourth (1/4th) of the Uniform Assessment provided the
lot is unoccupied and has not been deeded by Declarant. .
Section 7. Date of Commencement of Annual Assessmentsi
Due Dates. The annual assessments provided for herein shall
commence as to all Lots on the first day of the month
following the conveyance of the Common Area. The first
annual assessment shall be adjusted according to the number

5
sooK 949Pe�E151
of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of
each annual assessment period. Written notice of the annual
assessment shall be sent to.every Owner subject thereto.
The due dates shall be established by the Board of
Directors. The Association shall, upon demand; and for a
reasonable charge, furnish a certificate signed by an
officer of the association setting forth whether the
assessments on a specified Lot have been paid. .A properly
executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as of
the date of its issuance.
J eCL1V11 O. 1.1 a4..�
Remedies of the Association. Any assessment not paid within
thirty (30) days after the due.date shall bear interest from
the due date at the rate of twelve (12%) percent per annum
or such other rate as the Associationmay determine. The
Associationmay bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien
against the property. No owner may waive or otherwise
escape liability for the assessments provided for herein by
non-use of the Common Area or aban6�nment of his Lot.
Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any.Lot pursuant to.
mortgage foreclosure or any proceeding in lieu thereof,.
shall e;ctinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien
thereof.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1. No building, fence, wall or other structure
shall be commenced, erected or maintained upon the
Properties, nor shall any exterior addition to or change or
alteration therein be made until the plans and specifications
showing the nature, kind, shape, height, materials, and,
location of the same shall have been submitted to and
approved in writing as to harmony of external design and.
location in relation to surrounding structures and topography
by the Board of Directors of the Association, or by an
architectural committee composed of three (3) or more repre-
sentatives appointed by the Board. Pending establishment of
the Architectural Committee the Developer shall approve or
disapprove designs per criteria included herein. In,the event
said Board, or its designated committee, fails to approve or
disapprove such design and location within sixty (60) days
after such plans and specifications have been submitted to it,
approval will not he required and this Article.will be deemed
to have been fully complied with.
Section 2. All residential dwellings constructed on
lots enumerated IA through 25 on the North side of N.C.
Highway 210 shall conform to exterior architectural design,
including exterior material to one of the design concepts
attached herewith.. The Developer shall keep on file four
or more conceptual residence plans, which have been approved
and which are to serve as design models. The minimum square
footage (heated area) is 1,400 square feet for single-family
attached dwellings and 1,000'square feet for attached
single-family townhouse dwellings.

/ aooK 94%GE152
J 6
Section 3. In addition to the covenants herein, all
construcLion should conform to applicable regulations,
including set -back and side yard requirements.
Section 4. Approval by the Architectural Committee or,
the Declarant shall not constitute a basis for liability of
either as regards failure of plans to conform to applicable
codes or design deficiencies.
Section 5. The Association and/or the Declarant shall
have the right .to join any construction not in conformance
with approved.plans and specifications.
_Section 6. Ail additions or revisions to originally
approved plans and specifications are also subject to
approval by the Architectural Committee. This includes
changes to exterior color.
Section 7. The Association shall not have any
authority to require any modification to the interiors of
residences not visible from outside of the dwelling.
Section B. No more than 2,405 square feet of any lot
as described in Section 2 above shall be covered by
.,structures and/or paved surfaces, including walkways or
patios of brick, stone, slate or similar materials. This
covenant is intended to insure continued compliance with
stormwater runoff.rules adopted by the State of North
Carolina and therefore benefits may be enforced by`the State
of North Carolina.
ARTICLE VI
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall
which is built as a part of the original construction of the
homes upon the Properties and placed on the dividing line
between the Lots shall constitute a party.wall, and, to the
extent not inconsistent with the provisions of this Article,
the general rules of law regarding party walls.and of
liability for property damage due to.negligence or willful
acts or omission shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The
cost of reasonable repair and maintenance.of a party wall
shall be shared by the Owner who makes use of the wall in
proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If
a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it,
and if the other Owners thereafter make use of the wall,
they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the
right of any such Owner to call for a larger contribution
from the others under any rule of law regarding liability
for negligent or willful acts or omission.
Section 4. Weatherproofing. Notwithstanding any other
provision of this Article, an Owner who by his negligent or
willful act causes the party wall to be exposed to the
elements shall bear the whole cost of furnishing the
necessary protection against such elements.
Section 5. Right to Contribution Runs With Land. The
right of any Owner to contribution from any other Owner
any holder, insurer or guarantor of any first mortgage that.
is secured by a Lot within the development.

BOOK 949PasE153
/ 7
Section 6. Arbitration. Any controversy or claim
arising out of or relating to this Article VI, or the breach
thereof, shall be settled by arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration
Association, and judgement on the award rendered by the
arbitrator may be entered in any court having jurisdiction
thereof.
ARTICLE VI1
USE RESTRICTIONS
Section 1. Land Use and.Building Tyne. No Lot shall
be used except for residential purposes. No building shall
be erected, altered, placed, or permitted to remain on any
Lot other than one single-family detached dwelling on the
sound side or one attached single-family townhouse dwelling
on the ocean side or one single-family detached dwelling on
the ocean side. Dwellings on either the sound side or ocean
side shall not exceed thirty-five (35) feet in height. Any
building erected, altered, placed or permitted to remain on
any Lot shall be subject to the provisions of the Article V
of this Declaration of Covenants, Conditions and
Restrictions relating to architect-ral control.
Section 2. Nuisances. No obnoxious or offensive
activity shall be__c`arried on upon any Lot, nor shall
anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. .
Section 3. Temporary Structures. No structure of a
temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any Lot at any
time as a residence either temporarily or permanently.
Section 4. Recreational Vehicles. No boat, motor"
boat, camper, trailer, motor or mobile home, or similar type
vehicle, shall be permitted to remain on any portion of the
Properties, unless by consent of the Association in which
event such vehicles shall be placed in the area or areas
designated by the Association.
Section 5. Animals. No animals, livestock, or poultry
of any kind shall be.kept or maintained on any Lot or in any
dwelling except that dogs, cats or other common household
pets may be kept or maintained provided that they are not
kept or maintained for commercial purposes and are at all
times not a nuisance to other owners, properly leashed or
confined in an approved area.
Section 6. Outside Antennas. No outside radio or
television antennas shall be erected on any Lot or dwelling
unit within the Properties unless and until permission for
the same has been granted by the Board of Directors of the
Association or its architectural control committee.
Section 7. Window Coverings. All drapes, curtains, or
other similar materials hung at windows, or in any manner so
as to be visible from the outside of any building erected
upon any Lot shall be of a white or neutral background or
material.
j Section 8. Exterior Lights. All light bulbs or other
lights installed in any fixture located on the exterior of
any building or any Lot shall be clear, white, or non -frost
lights or bulbs.
Section 9. During the sale of lots by the Declarant,:.
the Declarant can erect and maintain marketing signs and
facilities, including a model residence or sales trailer.

Bou 949PAGE154
Section 10. The Declarant must give written permission
for the use of any -For Sale, For Rent, or any other sign
intended to be placed prior to the completion of sale of the
lots by the Declarant.
ARTICLE VIII
EASEMENTS \ .,
Section 1. Utility and Drainage. Easements for
installation and maintenance of.utilities and drainage
facilities are reserved as shown on the recorded plat.
Within these easements, no structure, planting or other
material shall be placed.or permitted to remain which may
interfere.with the installation and maintenanceof drainage
or which may obstruct or retard the flow of water.
Section 2. Exterior Maintenance. The Association,
acting through its officers, agents, servants and/or
employees shall have the.right of unobstructed access at all
reasonable times to all properties as may be.reasonably
necessary to perform the exterior maintenance called for in
the Article.VII of this Declaration..
Section 3. Emergency Repairs. The Association is
hereby granted a.permanent easement to.enter any properties,
including any individually owned Lot,.for the sole purpose
of effectuating emergency repairs.
Section 4. Ingress and Egress. Each Lot owner shall
have an unrestricted right of ingress and egress to their
Lot. This right shall pass and inure to the benefit of all.
future Lot owners.,
Section 5. Common Area. Easements are also reserved
over those portions of the Common Area.that may be necessary (\
or required to accommodate overhanging eaves or other
cantilevered construction which may encroach upon the Common
Area on the air and .light space above such Common Area.
Section 6. Encroachment. Any and all encroachments .
and violations of less than one foot shall be deemed a minor
violation and each owner or the Association shall be deemed
to have granted an easement appurtenant to the violating lot
for.said encroachment.
Section 7. Lot owners on the sound side will be
provided access easements.direct to the ocean; lot owners on
the oceansidewill be provided access easements direct to
the sound.
ARTICLE IX
IMPROVEMENTS AND AMENITIES
Section 1. The Declarant will construct a swimming
pool on a lot to be deeded to the Association for its
operation, maintenance and management. Such pool will be
compatible.with the design style of Portofino. Such pool
will be constructed within six (6) months of the sale of 2/3
of the 46 lotsconstituting this project.
Section 2. The Declarant will construct Porto Vista
Drive and Lanterna Lane by June 1990'as shown on the plat
plan.
Section 3. The Declarant reserves the right to sell
ocean side lots either for detached single-family dwellings
or attached townhouse dwellings or a combination thereof.

aaoK 949PAGE155
9
Section 4. The Declarant will comply with all
applicable regulations regarding completion of utilities or
provision of bonds or guarantees for the same, except for
tap and connection fees which paid by the,lot purchasers.
Section 5. The Declarant will make a contribution to
the Association of $10,000.00 within six (6) months of the
sale of 2/3 of the lots. This gift is intended to finance a
walkway to the sound to be constructed by the Association.
Section 6. The Declarant will provide permanent
"Portofino" signs of a style compatible with overall design
of the community.
Section 7. The Declarant will provide landscaping
between the soundside lots and the State Park and along
Route 210 on the ocean side required by Onslow County.
Section 8. All areas designated as "common area" shall
be owned in common by all of the Portofino property owners
.and titled in the name of the Association.
ARTICLE X
INSURANCE AND BONDS
Section 1. Hazard Insurance. The Association shall
obtain and maintain a policy -of property insurance in a
sufficient amount to cover One Hundred (100%) percent of the
replacement costs of all the common areas, except for those
that are normally excluded from coverage, such as land,
excavation, otc., with the premiums of said insurance being
paid as a common expense.
Section 2. Owners Insurance. The Association shall
obtain and maintain a master policy of property insurance in
a sufficient amount to cover One Hundred (100%) percent of
the replacement costs of all improvements placed on each
lot, less and 'except coverage for furnishings, floor
coverings -and other items normally excluded by a master
policy with premiums and deductibles of said insurance being
paid as a common expense. The Association shall also obtain
and maintain a master policy of flood insurance.
Section 3. Liability Insurance. The Association shall
obtain and maintain a comprehensive General Liability
Insurance policy covering all common areas, public ways and
other areas that are under its supervision. The policy
shall provide coverage of at least $1,000,000.00 for bodily
injury and property damage for any single occurrence. The
premium for said policy shall be paid by the Association.
Section 4. Flood Insurance. The Association shall
obtain and maintain a Flood Insurance policy to cover any
common area buildings or any other common area property
which shall lie in 'a Special Flood Hazard area as defined by
the Federal Emergency Management Agency. The amount of
insurance should be at least the lesser of One Hundred
(100%) percent of the current replacement cost of all
buildings and other insurable property located in the flood
hazard area or the maximum coverage available for the
property under the National Flood Insurance Program. The
premium for said insurance shall be paid as a common
expense. In addition, Flood Insurance shall be obtained and
maintained by any Lot Owner in an amount at least the lesser
of one Hundred (100%) percent of the current replacement

BOOK 949PAGE156
s
cost of all improvements and other insurable property
totaled in the flood hazard area or the maximum coverage
available for the property under the National Flood
Insurance Program.
Section 5. Fidelity Bond. The Association shall have
Fidelity Bonds for anyone who either handles or is
responsible for funds held or administered by the
Association, whether or not they receive compensation for
their services. A management agent that handles funds for
the Association shall be covered by its own Fidelity Bond.
Except for Fidelity Bonds that a management agent
obtains for its personnel, all.other bonds shall name the
Association as an obligee and their premiums shall be paid
by the Association as a common expense.
The Fidelity Bonds shall be in a sufficient amount to
cover the aggregate of the following:
(a) the maximum funds that will be in the custody of
the Association or its management agent at any time
while the bond is in force,
(b) the sum of three (3) months assessments on all
amounts in the project, and
(c) all reserve funds of the Association.
Section 6. Notice to Association and Mortgagors. All
insurance policies and bonds must include a provision that
calls for ten (10) days written notice to the Association
and each holder of a first mortgage before the bond or
insurance can be cancelled or substantially modified for any
reason.
ARTICLE. XI
GENERAL PROVISIONS
Section I. Enforcement. The Association, or any
Owner, shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants,
reservations, lien and charges now or hereafter imposed by
the provisions of this Declaration. Failure by the
Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of
these covenants or restrictions by judgement or court order
shall in no way affect any other provisions which shall
remain in full, force and effect.
Section 3. Document AvailabiliDecty. The Association
shall have current, copies of the la rations, By -Laws, and
other rules concerning the project as well as its own books,
records and financial statements available for inspection by
Lot owners or by holders, insurers and guarantors of first
mortgages that, are secured by Lots and improvements within
the development. These documents shall be available during.
normal business hours and under other reasonable
circumstances.
There shall be an annual audited statement prepared
each year with copies made available to the Lot owner, and
any holder, insurer or guarantor of any first mortgage that
is secured by a Lot within the development.

I&OOK 949PAGE157
Section 9. CondeMnatjQn, Destruction or Liquidation. The
Associated will be deemed to represent the owners in any losses or
proceeds from condemnation, destruction or liquidation of all or
part of the common areas and shall have the authority to
negotiate, settle, and otherwise make agreements on behalf of all
Lot owners and any and all sums payable shall be distributed to
the Lot owners and their mortgage holders. Any and all funds
shall be distributed to each of the Lot owners in equal shares.
/ However, all first mortgage holders shall be given 10 days notice
prior to any disbursements to the Lot owners.
Section 5. Limitation on Ability to Sell and Lease. No Lot
owners right to sell, convey, transfer or mortgage his Lot shall
be restricted.
Section 6. Annexation. Additional residential property,
Common Area and Common Control Area may annexed to the Properties
with the consent of two-thirds (2/3) of each class of members.
Section 7. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for term of twenty
(20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods
of ten (10) years. This Declaration may be amended during the
first twenty (20) year period by an instrument signed by not less
than ninety (90%) percent of the Lot owners, and thereafter by an
instrument signed by not less than seventy-five (75%) percent of
the Lot owners.. Any amendment must be recorded.
IN WITNESS WHEREOF, the undersigned, being the D�,�larant
here'n, ha hereunto set its hand and sal th�s1,�� _ day
of 1989. / /
PORTOFINO ASSOCIATES LIMITED PART SHIP
By:
General Partner Ge eral Pa
CITY OF WASHINGTON,.DISTRICT OF COLUMBIA
I (�1,.L,nANDLXR a Notary Public, certify
that ��1 ��/ personally came before
me this day and acknowledged that he is General Partner of
„'PORTOFINO ASSOCIATES LIMITED PARTNERSHIP, a North Carolina Limited
\ti `,PaFtnjr$hip, and that by authority duly given and as the act of
.. the'P.aftnership, the foregoing instrument was signed in its name
tr,by, its`reneral Partner.
tne.ss my hand and offical stamp or seal, this ! day
1989.
MyrOUn'mission
Expires:
Sta ubli
I, P)(j, ( A. , a Notary Public, certify
that Q [ AC(00/ personally came before
me this day and acknowledged that he is General Partner of
PORTOFINO ASSOCIATES LIMITED PARTNERSHIP, a North Carolina Limited
( -Partnership, and that, by authority duly given and as the act of
the Partnership, the foregoing instrument was signed in its name
r�Ioyllxts General Partner.
"'Witness my hand and offical stamp or seal, this �O% day
19891
W'6 mmission Expires:
MARK A. HALTS - Notary ublic
Nonry PuhGq District ul Col, mN2 .
WZ Commimiun 1ixpires July 31, 1993

BOOK 949PAGE158
EXHIBIT A.
BEING all of Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A,
513, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, and 10B as shown.
on a Map entitled PORTOFINA DUPLEXES recorded September 11,
1989 in Map Book 26 at Page 124, Ohslow County Registry of
Deeds.
Also being all of Lots 1A, 113, 2, 3, 4t 5, 6, 7, 8,,
9, 10,'11, 12, 13, 14, 15, 16, 17, 18, 19, 20 21, 22, 23,
24 and 25 as shown of Map entitled PORTOFINO recorded _
September 11, 1989 in Map Book 26.at Page 125, Onslow County
Registry of Deeds.
AND BEING the same property conveyed by CICERO'P. YOW
and wife, ELIZABETH H. YOW and LIONEL L. YOW and wife,..
CONNIE S. YOW to PORTOFINO ASSOCIATION, LTD., a Limited
Partnership as recorded in Book 910 at Page 163 and Book
910 at Page 159, Onslow County Registry of Deeds.
NORTH CAROUNA, On WCot M. Elizabeth Chandler & Mark A: Hayes
The foregoing ce W cats(.) of
Noteq(ieQ Public 6 (ve) certified to She orrect. This instrument was presented for registntioo and recorded In this office In
Boot.'____ �49' _ far +4� This 19th day of January
19 ..��� D at �1 'dal P • M.
P v17A , ,o_ --------
Jtyrw. Ow4 GJ.. y •.ri,.r �Aw,

n
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
eoox 10 4 G
'92 APR 22 PM 4 27
r
IIC Fla.n�,�,Stvucj:V,,,�,
�1Rr•,(�S'feati� NC
�sL{r13
SECOND AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
PORTOFINO ASSOCIATES, LTD. PARTNERSHIP
BOOK 949 PAGE 147 ONSLOW COUNTY REGISTRY
The undersigned, constituting ninety percent (90%) or
more of the lot owners in a subdivision entitled
"Portofino", map of which is recorded in Nap Book 26,. Page
125 of the Onslow County Registry, and pursuant to Article
XT, General Previsions, Section 7 entitled "Amendment",
hereby further amend the Declaration of Covenants,
Conditions, and Restrictions applicable to said subdivision,
dated November 7, 1989, so as to exclude, eliminate and
exempt Lots IA and 1B as shown on the map of the subdivision
recorded in Map Book 26, Page 125 of the Onslow County
Registry, from the provisions of the Declaration of
Covenants, Conditions and Restrictions dated November 7,
1989 and recorded in Book 949, Page 147 of the Onslow County
Registry.
Dated this /7LLday of 1992.
A /III r,� I (( < < -- -
Owen E. Jacks n
General Partn r, Portofino Associates
Limited Partnership, Owners of Lots
IA/B., 3A/B, 5A/B, 6A/B, 7A/B, 8A/B, 9A/B
l0A/B per Map Book 26, Page 124 and Lots
1A/B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 19, 20, 22, 23, 24,
and 25.
r, COiJ
66 /F, a Notary Public, do
hereby certify- that OWEN E. JACKSON, General Partner of
Portofino Associated Limited Partnership, personally
appeared before me this day and acknowledged the due execution
of the foregoing instrument.
Witness my hand a d official stamp or seal, this
day of,'� 1992.
Q 'LZG r� /I,GZG..-G�'"C '' C'• Cl
Notary P lic
My Commission Expires: .-,`. •�,