SW8920909_CURRENT PERMIT_19921001

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 92090q
DOC TYPE
ZI CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
1992.1001
YYYYMMDD

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary October 1, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. David E. Taylor
2840 South College Road, #225
Wilmington, North Carolina 28412
Subject: Certification of Compliance
with Stormwater Regulations
Stormwater Project No.920909
Elliott Place Subdivision
New Hanover County
Dear Mr. Taylor:
The Wilmington Regional Office received the Stormwater
Submittal for Elliott Place Subdivision on September 28, 1992,
with final information on October 1, 1992. Based on our review
of the project plans and specifications, including deed
restrictions (copy attached) which limit the built -upon area to
13,000 square feet for each lot numbered 1 through 10, and the
common area built -upon area to 4,590 square feet, we have
determined that the project complies with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1003(a)-(3). Please
note that the CAMA and the COD setbacks will limit the available
area for building, and that impervious surfaces must be a minimum
of 30' from the mean high water line.
Any modification of the plans submitted to this Office or
further development of this site will require an additional
Stormwater Submittal/Modification and approval prior to
initiation of construction. Modifications include but are not
limited to; project name changes, transfer of ownership, redesign
of built -upon surfaces, addition of built -upon surfaces, redesign
or further subdivision of the project area.
This Certification shall be effective from the date of
issuance until rescinded. The project shall be constructed and
maintained in accordance with the plans and specifications
approved by the Wilmington Regional Office. This Certification
does not supersede any other permit or approval. The developer
is responsible for obtaining any and all permits and approvals
necessary for the development of this project. This could
include the Division of Coastal Management under CAMA
requirements, the Division of Environmental Management under
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Taylor
Stormwater Project No. 920909
October 1, 1992
Page Two of Two
-----------------------------
Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army
Corps of Engineers 404 Wetland Permit, local County or Town
Agency permits under their local ordinances, or others that may
be required.
Deed restrictions must be recorded with the Registrar of
Deeds Office. A copy of the recorded deed restrictions,
including deed book number and page, must be forwarded to this
Office within 30 days of the date of the recording. Failure to
record and/or submit the deed restrictions to this Office is
considered a violation of this Certification.
If you have any questions concerning this matter, please
contact Linda Lewis or me at [phone].
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: 920909.00T
cc: Mr. Dan Dawson, P.E., Dawson Engineering
Mr. Sky Conklin, New Hanover County Inspections
Mr. Jim Craig, New Hanover County Engineering
Linda Lewis
.Wilmington=Regional Office
Central Files

David E. Taylor
2840 South College Rd., #225
Wilmington, N.C. 28412
[phone]
September 29, 1992
North Carolina Department of Environment,
Health and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28403
Attention: Ms. Linda Lewis
Re: Proposed Deed Restrictions
Elliott Place Subdivision
Ms. Lewis:
I am developing the Elliott Place Subdivision. I have not
finalized the Deed Restrictions, however I intend to fully comply
with protective covenant requirements of 15 NCAC 2H.1003(a).
Subject to the counsel of my attorney, the Deed Restrictions will
include the following restrictive covenant:
"No more than 13,000 square feet of any lot shall be
covered by structures and/or paved surfaces, including
walkways or patios of brick, stone, slate or similar
materials. The common area shall not have more than
4,590 square feet of 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 the current stormwater runoff
rules adopted by the State of North Carolina and
therefore benefits may be enforced by the State of North
Carolina."
We will also include in the Deed Restrictions the following:
"These covenants are to run with the land and shall be
binding on all parties and all persons claiming under
them."
If after further review by our attorney we desire to modify the
covenants, we will obtain DEM's approval of the modifications
prior to recording.
Respectfully,
David E. Taylor
C/�74
Witness my hand and seal'.this_ 30th day
of September, 1992.
Elizabe M F. Dawson
Notary Public
State of N.C., County of New Hanover
My Commission Cxpfres October 19, 1994

I
DIVISION OF ENVIRONMENTAL MANAGEMENT
Submittal Form for Projects Using Density Limits for Stormwater Control
PROJECT DATA
Name of Project:
Location (County,
River Road - A
Applicant Name: _
Mailing Address:
Phone No: (919
Submittal Date:
Elliott Place
Township/Municipality, Address):
z)roximately 0.7 miles South of
avid E. Tavlor
Brief Description (include map and appropriate drawings):
10 Lot Subdivision on West side of River Road.
Water Body Receiving Stormwater Runoff:
�. Name of Water Body: Cape Fear River
Classification of Water Body: Sc
Total Area of Proposed Project (acres): 12.1
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimentation and Erosion Control X
404 Permit DEM/DHS Sewage Disposal X (for Co. Dry Sewer)
Other (specify):
® CALCULATION OF BUILT -UPON AREA
IIl:
(Built -upon area means that portion of an individual development that is
covered by impervious or partially pervious cover including buildings,
pavement, recreation facilities, etc. but not including decking.)
a) Built -upon area: 157,731 SF (30%) Note: Roads = 23,145 SF
b) Total project area: 525770 SF
I
built -upon = built -upon area / total project area * 100
built -upon area = 30 %
- If the water body receiving stormwater runoff is classified aa�sI�SA, �❑11{i�IsJ�r'Ithe
,
built -upon area < 25% ? Yes _ No _ N/A S�I�j���(�pJii1191ryk21UEY1t
ifNJ11111U1rV1!{jianNN11h119IISS�-U
If the water body receiving stormwater runoff is classifigi\{`1o6� ,tj�$n Xt
is the % built -upon area < 30 % ? Yes _x No lluJl^\U(U(\
STORMWATER COLLECTION SYSTEM SEP 2 8 1992
D E M
Is the only kind of stormwater collection system grass sX�7 9�pcy0`%
Yes X No J
(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 at least 30 feet from mean high water of all
surface waters? yes .X 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.)
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 X No (See attached letter)
(Include a copy of the restrictions and covenants with this form.)
CERTIFICATION
11 David E. Taylor , 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
goof 15 NCAC 2H.1003 (b).
' 01Jr
Signature- Owner Date
2840 South College Rd. #225
Address Wilmington, N.C. 28412
If agent, please list owner's name and address below.
� Regional Office
Date
f
Date
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Individual Evaluating Forms / Plans
Regional Water Quality Supervisor

0
STATE OF NORTH CAROLINA
1
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ELLIOTT PLACE
THIS DECLARATION made the /2- day of -M,41 , 1993, by
DAVID E. TAYLOR hereinafter referred to as "Declarant" (whether one or more
persons, firms, or corporations). The designation Declarant as used herein shall
include said party, its heirs, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter a required by context.
STATEMENT OF PURPOSE
Declarant is the owner of certain property in New Hanover County, �North
Carolina, which is more particularly described on maps recorded in Map Book 3-a at
Pages �3 through ' in the New Hanover County Registry ("NHCR") upon which
Declarant desires to create an exclusive single family residential community to be
named ELLIOTT PLACE.
0001.31 Declarant desires to insure the attractiveness of the ELLIOTT PLACE and to
prevent any future impairment thereof, to prevent nuisances, to preserve, protect and
enhance the values and amenities of all properties within ELLIOTT PLACE and to
provide for the maintenance and upkeep of all common areas in ELLIOTT PLACE. To
this end the Declarant desires to subject the real property described herein, together
with such additions as may hereafter be made thereto, to the covenants, conditions,
restrictions, easements, charges and liens hereinafter set forth, each and all of which
is and are for the benefit of said property and each owner thereof.
Declarant further desires to create a non-profit organization to be incorporated
as ELLIOTT PLACE HOA, INC. to which will be delegated and assigned the powers of
owning, maintaining and administering the common areas in ELLIOTT PLACE,
administering and enforcing the covenants and restrictions contained herein, and
collecting and disbursing the assessments and charges hereinafter created in order to
efficiently preserve, protect and enhance the values and amenities in ELLIOTT PLACE
to insure the residents' enjoyment of the specific rights, privileges and easements in
the common area, and to provide for the maintenance and upkeep of the common
area.
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 real 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.
BOOK PAGE
ARTICLE 11 6% 3 10 2 3
SECTION 1. "Association" shall mean and refer to ELLIOTT PLACE HOA, INC.,
a North Carolina non-profit corporation, its successors and assigns, the owners
association organized for the mutual benefit and protection of the Properties. All
property owners of lots in ELLIOTT PLACE and any adjoining areas hereafter
developed and subjected to this Declaration, if any, shall be members of the
Association, which membership shall be appurtenant to and may not beseparated
� from the ownership of such single family lot. rnwKA%A1ATr:D
RETURNEDTO
1 D
EC-EIVE
JUL 2 01998 D
4 E
PROJ # S�`Y

BOOK PAGE
SECTION 2. "Common Area shalrmean and refer }o all real property (including
improvements thereon) owned by the Association for the common use and enjoyment
of the Owners. The Common Area to be owned by the Association at the time of the
conveyance of the first lot shall be all the area labeled as "Common Area" on the plat
of ELLIOTT PLACE, and all roads and streets (except for public streets).
SECTION 3. "Declarant" or "Developer" shall be used interchangeably to mean
and refer to DAVID E. TAYLOR, and also shall mean and refer to any person, firm or
corporation to which or to whom DAVID E. TAYLOR shall transfer his development
rights and designate as "Declarant".
SECTION 4. "Development" shall mean and refer to ELLIOTT PLACE, a single-
family residential development proposed to be developed on the Properties by the
Declarant.
SECTION 5. "Lot" shall mean and refer to any numbered lot shown upon the
recorded plat of any section of ELLIOTT PLACE.
SECTION 6. "Map and Plat" shall be used interchangeably to mean and refer
to the map of ELLIOTT PLACE, or any addition thereto recorded in the NHCR.
SECTION 7. "Member" shall mean and refer to every person or entity who has
a membership in the Association.
SECTION 8. "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of a fee simple title to any Lot including the Declarant if
its owns any Lots and interest merely as security for the performance of an obligation.
SECTION 9. "Properties" shall mean and refer to the "Existing Property"
described in Article II, Section 1 hereof, and such additions thereto as may hereafter
be made subject to this Declaration and brought within the jurisdiction of the
Association.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF
ELLIOTT PLACE HOA, INC.
SECTION 1. Existing Property. The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration, and within the
jurisdiction of the Association is located in New Hanover County, North Carolina, and
is more particularly described in the preambles of this Declaration and shown on the
Map.
SECTION 2. Additions to Existing Property.
(a) Additional land which is contiguous to the Existing Property may
be brought within the scheme of this Declaration and the jurisdiction of the
Association by Declarant, in future stages of development, without the consent of the
Association or its Members.
(b) The additions authorized under subsection (a) above shall be made
by filing Supplementary Declarations of Covenants, Conditions and Restrictions with
respect to the additional properties in the New Hanover County, North Carolina, Public
Registry which shall extend the scheme of this Declaration and the jurisdiction of the
Association to such properties and thereby subject such additions to the benefits,
properties and thereby subject such additions to the benefits, agreements restrictions
and obligations set forth herein, including, but not limited to, assessments as herein
determined.
2

ARTICLE III
BOOR PAGE
5 PROPERTY RIGHTS
1673 102
iAR'f SU. OGTS
REGISTEF; OF J=E1)S
NEW HAkOVER CO. i!C.
93 JUN 10 Pal 4 10
SECTION 1. Ownership of Common Areas. After the completion of all
improvements to the Common Areas, Declarant shall convey the Common Areas to
the Association. Notwithstanding the recordation of any Map or any other action by
Declarant or the Association, all Common Areas (including the Common Area streets
and roads) shall remain private property and shall not be considered as dedicated to
the use and enjoyment of the public.
SECTION 2. Owner's Rights to Use and Enjoy Common Areas. Each Owner
shall have a right and easement to use and enjoy the Common Area which shall be
appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) The right of the Association to suspend the voting rights and
privileges by an Owner for any period during which any assessment against his Lot
remains unpaid and for a period not to exceed sixty (60) days for any infraction of the
published rules and regulations;
(b) The right of the Association to mortgage or convey the Common
Areas, or to dedicate or transfer all or part of the Common Area, if any, to any public
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 until
approved by vote of at least two-thirds (2/3) of the members, excluding the
developer, as indicated in an instrument executed by the corporation and recorded in
the New Hanover County Registry.
(c) The right of the Association to impose regulations for the use and
enjoyment of the Common Area, if any, and improvements thereon, which regulations
may further restrict the use of the Common Area.
SECTION 3. Owner's Easements for Ingress and Egress. Every Lot shall be
conveyed with a perpetual, non-exclusive right to use any roadway which may be
constructed by the Declarant and conveyed to the Association as part of the Common
Area for the purpose of providing access to and from each Lot.
SECTION 4. Delegation of Use. Any owner may delegate, in accordance with
the Bylaws and such rules and regulations as may be established by the Association,
his right of enjoyment to the Common Area and facilities to the members of his
family, his guests, his tenants, or contract purchasers who reside on his Lot.
Wl."I131111:110
EASEMENTS
SECTION 1. Perpetual, alienable easements are reserved as necessary in the
Properties and the Common Areas thereof for the installation and maintenance of
underground utilities and drainage facilities.
SECTION 2. Declarant hereby reserves unto itself, its successors and assigns,
perpetual, alienable easements over all streets and common areas as necessary to
provide access, ingress and egress, to the property adjoining ELLIOTT PLACE to the
North or South, in the event the Declarant, its successors or assigns should acquire
or develop any property adjoining ELLIOTT PLACE and annex the same to this
development as herein provided.
K3

D00i, i'AGE
1673 1026
SECTION 3. Declarant also reserves on behalf of the Association, the right, but
not the obligation,to construct an entrance way structure and fence extending from
the entrance to the subdivision southwardly along the perimeter of the subdivision.
For this purpose, if an entranceway structure and/or fence is constructed, the same
shall be maintained by the Association, as a common expense, and there is hereby
created a perpetual easement in favor of the Association along lots 1, 2, 3 and 4, as
shown on the recorded map of the subdivision for the maintenance and repair of such
facilities.
SECTION 4. An easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing emergency
services to enter upon the Lots and common area in the performance of their duties.
SECTION 5. In case of any emergency originating in or threatening any Lot or
the common areas, regardless whether any Lot Owner is present at the time of such
emergency, the Board of Directors or any other person authorized by it, shall have the
right to enter any Lot for the purpose of remedying or abating the causes of such
emergency and making any other necessary repairs not performed by the Lot Owners,
and such right of entry shall be immediate.
SECTION 6. The Declarant reserves unto itself, its successors and assigns, a
perpetual, alienable and releasable easement and right, on, over and under the ground
with men and equipment to erect, maintain, inspect, repair and use electric and
telephone poles, wires, cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveniences or utilities on, in or over each lot and such
other areas as are shown on the plat of the Properties recorded or to be recorded in
the office of the Register of Deeds of New Hanover County; provided further, that the
Declarant may cut drainvvays for surface water whenever such action may appear to
the Developer to be necessary in order to maintain reasonable standards of health,
safety and appearance. These easements and rights expressly include -the right to cut
any trees, bushes or shrubbery, make any grading of the soil, or to take any other
similar action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance. It further
reserves the right to locate wells, pumping stations, and tanks within residential areas
on any walkway, or on any residential lot now or subsequently designated for such
use or to locate same upon any lot with the permission of the owner of such lot.
Such rights may be exercised by any licensee of the Declarant, but this reservation
shall not be considered an obligation of the Declarant to provide or maintain any such
utility or service.
SECTION 7. The Declarant reserves unto itself, its successors and assigns, the
right to subject the real property in this Subdivision to a contract with Carolina Power
and Light Company for the installation of street lighting, which contract requires a
continuing monthly payment to Carolina Power and Light Company by each residential
customer for street lighting service.
SECTION 8. All easements and rights described herein are easements
appurtenant, running with the land, and shall inure to the benefit of and be binding on
the undersigned, its heirs and assigns, and any Owner, purchaser, mortgagee and
other person having an interest in said land, or any part or portion thereof, regardless
of whether or not reference to said easement is made in the respective deeds of
conveyance, or in any mortgage or trust deed or other evidence of obligation, to the
easements and rights described in this Declaration.
112

BOOK PAGE
1673 ARTICLE V 1027
MEMBERSHIP, VOTING RIGHTS AND CONTROL
OF THE ASSOCIATION
SECTION 1. Membership. Every Owner of a lot in the Properties shall be a
member of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any lot.
SECTION 2. Number of Votes. Each member shall be entitled to one vote in
the affairs of the Association 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 among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any lot.
SECTION 3. Management of the affairs of the Association shall be the right and
responsibility of its Board of Directors in accordance with the Declaration and the
By -Laws; PROVIDED, HOWEVER, that all of the powers and duties of the Board of
Directors may be exercised by the Declarant until such time as 90% of the lots in
Elliott Place and 90% of the undeveloped property in adjoining sections owned by
Declarant have been sold and conveyed by the Declarant to purchasers or until
December 31, 2001, whichever occurs first. Management and control may be
transferred to the lot owners at any time but in all events, no later than 120 days
after the happening of the earlier of the above events.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 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 therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(a) Annual assessments or charges;
(b) Special assessments for capital improvements, such assessments
to be established and collected as hereinafter provided;
(c) Insurance assessments; and
(d) To the appropriate governing taxing authority, a pro rata share of
ad valorem taxes levied against the Common Area, if any.
The annual, special and insurance assessments, together with interest, costs
and reasonable attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the property against which each 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 all easements, utilities and the Common Areas. The funds arising from said
assessments or charges, may be used for any or all of the following purposes:
5

BOOK PAGE
1673 1028
(a) to maintain all roads constructed within the Common Areas to the
standard of maintenance which would be required by the State of North Carolina
before it would accept such roads for maintenance; provided that this provision does
not require that the width of the road rights -of -way be the width required as set forth
before such roads would be accepted by the State of North Carolina for maintenance;
(b) to maintain all access easements, and footbridges in the Common
Areas in an easily passable condition, free from fallen trees, undergrowth, and other
obstructions; and to keep all dead, diseased or decaying trees, shrubs and bushes
removed from such areas and to replace such items with new trees, shrubs and
bushes;
(c) to maintain all drainage easements in the Common Areas and to
keep the drainage easements free of pollution and natural debris.
(d) to keep all amenities in the Common Areas clean and free from
debris and to maintain all amenities in an orderly condition, and to maintain the
landscaping therein in accordance with the highest standards for private residential
community including any necessary removal and replacement of landscaping;
(e) to provide such security services as may be deemed reasonably
necessary for the protection of the Common Areas from theft, vandalism, fire and
damage from animals;
(f) to pay all ad valorem taxes levied against the Common Areas and
any property owned by the Association;
(g) to pay the premiums on all hazard insurance carried by the
Association on the Common Areas and all public liability insurance carried by the
Association pursuant to the Bylaws;
(h) to pay all legal, accounting and other professional fees incurred by
the Association in carrying out its duties as set forth herein or in the Bylaws;
(i) to accumulate and subsequently maintain a contingency reserve
equal to 10% of the sum of the amounts described in subsections (a) through (j)
above in order to fund unanticipated expenses of the Association;
Q) to enforce these restrictions; and
(k) to do any other things necessary or desirable in the opinion of the
Association to keep the property in neat and good order and to provide for the health,
welfare and safety of Owners and residents of ELLIOTT PLACE.
SECTION 3. Annual Assessments. Annual assessments shall be in an amount
to be fixed from year to year by the Board of Directors which may establish different
rates from year to year as it may deem necessary for the purposes set forth in Section
2. above. The amount of the annual assessment against each lot for any given year
shall be fixed at least 30 days in advance of the annual assessment period; provided,
however, that the first annual assessment shall be set prior to the conveyance of the
first lot to an Owner and written notice to the Owners to be subjected thereto shall
be delivered to the Owners at or prior to the closing of their lots. Written notice of
each annual assessment thereafter shall be sent to every Owner subject thereto. The
due date shall be established by the Board of Directors and the Board of Directors
shall have the authority to require the assessments to be paid in pro rata monthly
installments. The Association shall, upon demand, and for a reasonable charge furnish
a certificate signed by an officer of the Association setting forth whether the
assessments on a specified lot have been paid.

r'AGE
1673 1029
(a) From and after January 1 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 five percent (5%) above the maximum assessment
for the previous year without a vote of the membership, except as herein provided.
(b) From and after January 1 of the year immediately following the
conveyance of the first lot to an Owner, the maximum annual assessment may be
increased above five percent (5%) by a vote of two-thirds (2/3) of the members who
are voting in person or by proxy at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an
amount not in excess of the maximum; provided that the Board of Directors may
increase the amount of the annual assessment to a maximum of Seven Hundred
Twenty ($720.00) per lot notwithstanding the provisions of subparagraphs A and B
above, and thereafter the limitations set forth in said subparagraph shall apply to any
annual increase.
SECTION 4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment
year, a special assessment applicable to the year only for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction, repair or replacement
of a capital improvement upon the Common Area, including fixtures and personal
property related thereto and the roads or streets serving the development, provided
that any such assessment shall have the assent of two-thirds (2/3) of the members
who are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 5. Assessment Rate. Both annual and special assessments must be
fixed at a uniform rate for all Lots.
SECTION 6. Notice And Quorum For Any Action Authorized Under Sections 3
and 4. Written notice of any meeting called for the purpose of taking any action
authorized under Section 3 and 4 shall be sent to all members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to cast sixty percent
(60%) of all the votes of each class of membership shall constitute a quorum. 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 sixty (60) days following the preceding meeting.
SECTION 7. Date of Commencement of Annual Assessments: Due Dates. The
annual assessments provided for herein shall commence as to all Lots on the first day
of the month following the conveyance to the Association of the Common Area. The
first annual assessment shall be adjusted according to the number of months
remaining in the calendar year.
SECTION 8. Effect Of Nonpayment Of Assessments And 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 percent (12%) per annum.
In addition to such interest change, the delinquent Owner shall also pay such late
charge as may have been established by the Board of Directors of the Association to
defray the costs arising because of late payments. The Association may 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 abandonment of
his Lot.
SECTION 9. Subordination Of The Lien To Mortgage. The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any lot shall not affect the assessment lien. However, the sale or
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1673 1030
transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof,
shall extinguish the lien of such assessments as to payments which became due prior
to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
ARTICLE VII
DESIGN AND ARCHITECTURAL CONTROL
SECTION 1. Developer's Rights. All duties and responsibilities conferred upon
the Architectural Control Committee (the "Committee") by this Declaration or the
By-laws of the Association shall be exercised and performed by the Declarant or its
Designee, so long as Declarant shall own any lot (not including any lot used or
occupied by Declarant as his residence) in the Properties or any additions annexed
thereto by Supplemental Declaration or Amendment to this Declaration.
SECTION 2. Definitions. For purposes of this Article VII, the following terms
shall have the following meanings unless the context clearly requires a different
meaning:
(a) "accessory building" means every detached garage, carport, tool
shed, storage or utility building, wellhouse, guest quarters, detached servants'
quarters or other similar building constructed on a Lot which is not a dwelling;
(b) "buildings" means accessory buildings and dwellings;
(c) "dwelling" means a building constructed for single-family
residential use but excluding servants' quarters and guest quarters; and
(d) "improvements" or "structures" mean buildings and all walls,
fences, bulkheads, decks, patios, planters, terraces, mail receptacles, swimming
pools, tennis courts or anything else constructed or placed on a Lot.
SECTION 3. General Guidelines.
(a) Reservations: The Declarant reserves the right to change, alter,
or redesignate: roads, utility and drainage facilities, plus such other present and
proposed amenities or facilities as may, in the sole judgement of the Declarant be
necessary or desirable.
(b) Variances: The Committee shall be empowered to allow
adjustments of the conditions and restrictions stated herein in order to overcome
practical difficulties and prevent unnecessary hardships in the application of the
regulations contained herein, provided, however, that such is done in conformity to
the intent and purposes hereof, and provided, also, that in every instance such
variance or adjustment will not be materially detrimental or injurious to other property
or improvements in the neighborhood. Variances and adjustments of height, size, and
setback requirements may be granted hereunder.
(c) Development Concept: It is the express intention of the
Declarant to maintain in this residential community a uniform plan of development that
will blend with and not detract from the natural environment with respect to design,
type and general appearance of the structures to be erected on the lots. Property
owners are encouraged to have their architects contact the Committee prior to any
costly design work for conceptional guidelines pertaining to the residential community.
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(d) Approval of Plans: The proposed Site and Grading Plans; Building
Plans and Specifications; Exterior Colors and Finishes; and Construction Schedule
must be approved by the Committee. One (1) copy of all plans and related data shall
be furnished to the Committee for its records. Until all of the above listed prerequisite
plans are approved no improvements or structures shall be erected, placed, or altered
on any residential lot. The material used, as well as the design, shall be subject to the
prior written approval of the Committee. Neither the Declarant nor the Architectural
Control Committee shall be responsible for any structural or other defects in plans and
specifications submitted to it or any structure erected according to such plans and
specifications.
The Site and Grading Plans should show the proposed location of each
building, structure, driveway, parking area, other improvements, and proposed
alterations to the physical characteristics of the site. The grade, elevation, or physical
characteristics (including but not limited to slopes and tree growth) of any such lot
shall not be altered in any way whatsoever without prior written approval of the
Committee based upon a Site or Grading Plan.
The Committee encourages the planting of flowering shrubs and trees;
however, all tree removal or planting of trees, bushes, shrubs, grasses, or other
vegetation whatever, shall be based upon a Site Plan, Landscaping Plan, or Planting
Plan which has been submitted to and received written approval from the Committee.
Upon the written request of a lot owner for approval of plans, the
Committee shall have ten days within which to approve or disapprove plans. In the
event of failure to approve or disapprove within 10 days, such approval will not be
required provided the design of proposed building is in harmony with the existing
structures in this area. If the Committee approves the construction of such
improvements, it shall issue a certificate evidencing such approval.
Refusal or approval of any such plans or specifications may be based by
the Committee upon grounds, including purely aesthetic and environmental
considerations, that in the sole and absolute discretion of the Committee shall seem
sufficient.
Without the prior written consent of the Committee, no changes or
deviations in or from such plans or specification as approved shall be made. No
alterations in the exterior appearance of any building or structure, or in the grade,
elevation, physical characteristics of any lot shall be made without like approval by
the Committee.
Upon completion of approved construction, the Committee shall inspect
the construction to insure that the approved Plans and samples were complied with
by the Owner. No structure may be occupied or used until the issuance by the
Committee of a certificate of compliance. The certificate of compliance shall be
issued by the Committee without fee; provided, however, that in the event that the
Committee's first inspection of the construction reveals deviations or deficiencies from
the approved Plans and samples, the Committee may charge a fee of $50 for every
subsequent inspection which is necessary to insure compliance with the approved
Plans and samples. Any such fee must be paid before the issuance of the compliance
certificate.
If the finished building or other structure does not comply with the
submitted plans and specifications, the Committee retains the right to make the
necessary changes at owner's expense, and the further right to file under the North
Carolina lien laws notice of liens for any costs incurred.
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1673 1032
(e) No house plans will be approved unless the proposed house shall
have a minimum of 2600 square feet of enclosed dwelling area. The term "enclosed
dwelling area" as used in the minimum requirements shall be the total enclosed area
within a dwelling; provided, however, that such term does not include garages,
terraces, decks, open porches, and like areas; provided, further, that shed type
porches, even though attached to the house are specifically excluded from the
definition of the aforesaid term "enclosed dwelling area".
SECTION 4. Site Improvements.
(a) Building Setback Guidelines and Requirements: The front building
setback line shall be a minimum of forty (40) feet from the front of each lot lie, the
boundary line which runs with the margin of the right-of-way of the road on which the
Lot fronts). The side building setback line shall be a minimum of twenty (20) feet
from each side of each lot. The rear building setback line shall be thirty (30) feet from
the rear of each lot or such other set back line as may be required or approved by
applicable governmental authority.
Since the establishment of standard inflexible building setback lines for
location of houses on lots tends to force construction of houses both directly behind
and directly to the side of other homes with detrimental effects on privacy, view of
the water, preservation of land contour, important trees, and other vegetation,
ecological and related considerations, variances for these specific setback guidelines
are established by these Restrictions in Section 3(b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum effect, the Committee
reserves the right to control and approve absolutely the site and location of any house
or dwelling or other structure upon any lot.
(b) Use of Fill and Changes in Elevation: No changes in elevations of
the land shall be made on any lot, nor any fill placed within the common easement
areas or within the regulatory setback lines; nor shall any lot be increased in size by
filling in the waters on which it abuts without prior written approval of the Committee
plus state and federal agencies.
(c) Adequate Drainage Requirement: It shall be the obligation of the
Lot Owner to provide adequate drainage of his or her lot to the end that the property
or properties adjacent to said lot shall not be subjected to other than the natural flow
of drainage presently existing. It shall also be the obligation of the lot owners to
provide, install and maintain adequate culvert or drainage pipe beneath his or her
driveway as it crosses the street right-of-way in order that the natural flow of drainage
will not at any time be blocked along the street right-of-way. The size of such
drainage pipe shall be determined by the Committee.
(d) Off Street Parking: Each lot owner shall provide space on his lot
for off street guest parking for not less than three (3) passenger automobiles prior to
the occupancy of any single family dwelling constructed on said lot. Said parking
areas and driveways thereto shall be in accordance with reasonable standards and
shall be constructed of concrete, brick, asphalt, or any other material approved by the
Committee in writing as provided for in Section 3(d) hereinabove. No parking on any
street in the subdivision will be permitted at any time.
(e) Underground Utility Sewer Reauirements: All electric transmission
or service lines within the perimeter bounds of any lot or common easement shall be
installed beneath the surface of the ground.
(f) Driveway Location: The Committee has the right to decide in its
sole and absolute discretion the precise site and location of any driveway; provided,
however, that the owner shall be given the opportunity to recommend a specific site
for such improvements.
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1673 1033
(g) Built Upon Area: No more than 13,000 square feet of any lot shall
be covered by structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials. The common area shall not have more than
4,590 square feet of 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 the current stormwater runoff rules adopted by the State
of North Carolina and therefore benefits may be enforced by the State of North
Carolina.
SECTION 5. Structural Improvements:
(a) Residential Use: No structure, except as hereinafter provided, shall
be erected, altered, placed or permitted to remain on any residential lot other than a
detached single family dwelling. However, a garage or small accessory building
(which may include a poolhouse, servants' quarters, or guest facilities) is permitted
provided the use of such dwelling or accessory building does not in the opinion of the
Committee overcrowd the site, and provided, further, that such buildings are not used
for the activities normally conducted as a business. Such accessory building may not
be construed prior to the construction of the main building. No building or other
structure, or part thereof, at any time situated on such residential lots shall be used
as a professional office, charitable or religious institution, business or manufacturing
purpose, or for any use whatsoever other than residential and dwelling purposes as
aforesaid; and no duplex residence or apartment house shall be erected or placed on
or allowed to occupy such residential lots and no building shall be altered or converted
into a duplex residence or apartment unit thereon.
(b) Building Materials: All structures constructed or placed on any lot
shall be built of substantially new materials. Any structure erected on the lots shall
be of wood, stone, brick, veneer, tiles, or concrete and stucco. Any accessory
buildings or structures shall be constructed of the same material as the main dwelling,
or from other suitable material specifically approved in writing by the Committee.
(c) Souare Footage of Enclosed Dwelling Area: No house plans will
be approved unless the proposed dwelling shall contain a minimum of 2600 square
feet of enclosed dwelling area. The term "enclosed dwelling area" as used in the
minimum requirements shall be the total enclosed area within a dwelling; provided,
however, that such term does not include garages, terraces, decks, open porches, and
like areas; provided, further, that shed type porches, even though attached to the
house are specifically excluded from the definition of the aforesaid term "enclosed
dwelling area". Provided, however, dwellings with more than one story shall have a
minimum of 1800 square feet on the ground floor.
(d) Enclosed Garage: All homes shall be required to have an enclosed
parking garage for at least 2 cars, serving the main house structure. The opening of
said enclosed parking facility or garage shall not be visible from the front of the lot nor
be visible from any common easement area servicing the premises.
(e) Screening or Refuse Receptacles: Each lot owner shall provide
receptacles for ashes, trash, rubbish, or garbage on his lot in a screened area not
generally visible from the road, other lots, or from common easement areas; or provide
underground receptacles (or similar facility) in accordance with reasonable standards
established by the Committee.
(f) Mailboxes and Newsoaoer Receptacles: No mail box, paper box,
or other receptacle of any purpose shall be erected or located in the road right-of-way
or on any building lot unless and until the size, location, design and type of material,
for said box or receptacle shall have been approved by the Committee in accordance
with Section 3(d) herein.
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1673 1034
(g) Irrigation System: An irrigation system approved by the
Committee suitable to provide an adequate water supply for all landscaping on each
lot shall be installed and maintained by each lot owner.
(h) Fuel Tanks and Similar Storage Receptacles: No fuel tanks or
similar storage receptacles may be exposed to view. Any such receptacles may be
installed only within an accessory building with a screened area (so as not to be
generally visible from the road, adjoining lots, or common areas) or buried
underground; provided, however, that nothing contained herein shall prevent the
Committee from erecting, placing or permitting the placing of tanks, or other
apparatus, on the property for uses related to the provision of utility or other service.
(i) Clotheslines or Drying Yards: Clotheslines or drying yards shall be
located as not to be visible from the street, common easement areas serving the
premises, or from the waterfront.
W Fences and Walls: No fence, bulkhead, or wall of any kind shall
be erected or located on any building lot or common area unless and until the plans
and specifications showing the nature, shape, height, materials, and location for said
fence or wall shall have been approved by the Committee in accordance with Section
3(d) herein. Provided however, that no fence or wall of any kind shall be erected
nearer the front lot line of a lot than the front face of the dwelling located on such lot.
This paragraph shall not apply to the subdivision entrance way or boundary fence if
erected by Declarant or the Association.
(k) Sewage Disposal: Prior to the occupancy of a residence on any
lot, proper and suitable provision shall be made for the disposal of sewage by
connection to the New Hanover County Sewer System, if available, or, if not
available, such disposal shall be made by means of a septic tank or tanks constructed
on such lot for the disposal of all sewage, and all sewage shall be emptied or
discharged into such main or tanks. No sewage shall be emptied or discharged into
the marsh, river or shorelines thereof. No sewage disposal system shall be permitted
on any lot, nor may any sewage disposal system be used unless such system is
designed, located, constructed and maintained in accordance with the requirements,
standards and recommendations of the appropriate public health authority. Approval
of such system shall be obtained from such authority after completion of said system
and prior to the use of said system. All lots shall be connected to the New Hanover
County Sewer System at the lot owner's expense, as soon as such sewer service
becomes available.
(1) Water Service: Until such time as water supply service becomes
available through a public or community water system, each individual lot owner shall
be responsible to provide potable water for each lot through the installation and
maintenance of a private well located on such lot and designed, located, approved,
and installed in accordance with the applicable public health authority rules and
regulations.
ARTICLE Vill
USE RESTRICTIONS
SECTION 1. Nuisances. No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. There shall not be maintained any plants
or animals, nor device or thing of any sort whose normal activities or existence are in
any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish
or destroy the enjoyment of other property in the neighborhood by the owners
thereof. It shall be the responsibility of each lot owner to prevent the development
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1613 1035
of any unclean, unsightly or unkept condition of buildings or grounds on such lot
which would tend to substantially decrease the beauty of the neighborhood as a
whole or the specific area.
SECTION 2. Lot Maintenance. In the event that any Lot Owner shall fail or
refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly
growth or objects, then, after thirty days notice from the architectural control
committee, the Association or its designee shall enter upon such lands and remove
the same at the expense of the Owner, and such entrance shall not be deemed a
trespass, and in the event of such removal a lien shall arise and be created in favor
of the Association for the full amount of the cost thereof chargeable to such Lot,
including collection costs and such amounts shall be due and payable within thirty
(30) days after the Owner is billed therefor. Such lien shall be enforceable by Court
proceedings as provided by law for enforcement of liens.
SECTION 3. Temporary Structures. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed,
stored, used as a residence either temporarily or permanently, or permitted to remain
on any lot or the common area, at any time, without the written consent of the
Association or its designee. Provided, however, that this shall not prevent the
Declarant, its designees or assigns from maintaining a construction trailer or office on
any lot or in the common area until the construction of dwellings on all lots in the
project is completed.
SECTION 4. Recreational Vehicles. No boat, motor boat, camper, trailer, motor
or mobile homes, or similar type vehicle, shall be permitted to remain on any lot or on
any street in the properties at any time, without the written consent of the
Association or its designee.
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 household
pets may be kept or maintained provided that they are not kept or maintained for
commercial purposes and provided further that they are not allowed to run free, are
at all times kept properly leashed or under the control of their owner and do not
become a nuisance to the neighborhood.
SECTION 6. TV Satellite Dishes And Outside Antennas. No TV satellite signal
receiving dishes will be permitted on any lot and no outside radio or television
antennas shall be erected on any lot or dwelling unit 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 as to be visible from the outside, of any building
erected upon any lot shall be of a white or neutral background material.
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. Junk Vehicles And Tractor Trailers. No inoperable vehicle or
vehicle without current registration and insurance, and no tractor -trailers will be
permitted on the premises. The Association shall have the right to have all such
vehicles towed away at the owner's expense.
SECTION 10. Vehicle Repairs. No repairs to any vehicle may be made in
driveways, only in garages and not visible from the street. No inoperable or immobile
vehicle, whether or not containing current registrations, shall be permitted to remain
in any driveway or on any street.
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1673 1036
SECTION 11. Signs. No "For Sale" signs or any other signs shall be permitted
on any Lot or in the common areas without permission of the Board of Directors,
except that a sign conforming to New Hanover County Sign Ordinance may be
displayed by Declarant on any unsold Lot so long as Declarant owns any Lot in the
Properties.
SECTION 12. Alterations. No person shall undertake, cause, or allow any
alteration of construction in or upon any portion of the Common Areas except at the
direction or with the express written consent of the Association.
SECTION 13. Subdividing. No lot shall be subdivided, or its boundary lines
changed except with the prior written consent of the Declarant during the period of
Declarant control of the Association and thereafter by the Board. However, the
Declarant hereby expressly reserves unto itself, its successors and assigns, the right
to replat any two (2) or more lots shown on the plat of any subdivision of the Property
in order to create one or more modified lots; to further subdivide tracts shown on any
such subdivision plat into two or more lots; to recombine one or more tracts or lots
or a tract and lots to create a larger tract; to eliminate from this Declaration lots that
are not otherwise buildable or are needed for access to any area of the Property or are
needed for use as private roads or access areas, and to take such steps as are
reasonably necessary to make such replatted lots or tracts suitable and fit as a
building site or access area or roadway, said steps to include, but not to be limited to
the relocation of easements, walkways, and rights -of -way to conform to the new
boundaries of the said replatted lots.
ARTICLE IX
HABITABILITY PROVISIONS
SECTION 1. Maintenance Standards.
(a) Preservation of Well -kept Buildings and Grounds: Each lot owner
shall prevent the development of any unclean, unsightly or unkept conditions of any
buildings or grounds on his lot which would tend to substantially decrease the beauty
of any of the property or diminish or destroy the enjoyment of other lots by the
owners thereof. This restriction includes, but is not limited to, a prohibition against
storage on any lot of anything unclean, unsightly or unkept.
(b) Pre -Construction Maintenance of Lots: Prior to commencement
of the erection of any residence on each lot, the owner of such lot, shall from time to
time cut, or cause to be cut, and keep cut or cause to be kept cut, all weeds and
brush on such lot and shall remove any resulting debris, to comply with Section 1.a.
hereof. Should such owner fail to do so the Committee may do so, and the
reasonable expenses thereof shall be paid by such owner to the Committee within
thirty (30) days thereafter. In the event of a failure of such owner to pay the
Committee as above provided, the Committee shall have the right to file a notice of
lien in the office of the Clerk of the Superior Court of New Hanover County, North
Carolina, and from and after the filing of such notice of lien, the Committee shall have
a lien on such lot for the payment of such sum, with interest at the rate of 12% per
annum, all in like manner as if the Committee had performed such work at the
instance and request of such owner. Any such lien, however, shall be subordinate
and inferior to any mortgage then or thereafter encumbering such lot.
(c) Reconstruction. Any building on any Lot which is destroyed in
whole or in part by fire, windstorm, flood or other Act of God must with reasonable
promptness be rebuilt or all debris from such destruction removed and the Lot restored
to the condition it was in prior to commencement of construction of such building.
Any such reconstruction must be commenced within six (6) months from the date of
14

BOOK PAGE `-,
such destruction. All dlfii4 iaust be legn$v�d and the Lot restored to its prior
condition within three (3) months of such destruction.
(d) Vegetable Gardens: Vegetable gardens may be maintained by
owners of lots in the subdivision provided said gardens are located to the rear of the
dwelling and located on the lot within a screened area so as not to be generally visible
from adjoining lots or common easement areas.
(e) Leasing: No building on any Lot may be leased except in
accordance with rules and regulations promulgated by the Association.
(f) Interval Ownership: No Owner may lease, deed, sell, convey, or
otherwise transfer his Lot under any time-sharing or interval ownership agreement.
(g) Hazardous Activities: Nothing shall be done or kept on any Lot or
in the Common Area which shall increase the rate of insurance on the Common Area
or any other Lot without the prior written consent of the Board of Directors. No
Owner shall permit anything to be done or kept on his Lot or in the Common Area
which would result in the cancellation of insurance on any part of the Common Area,
or which would be in violation of any law.
(h) Trash and Garbage Collection: All trash and garbage collection
services shall be provided by a single company to be selected or approved by the
Declarant or the Association, as applicable. All charges for such service shall be paid
for by individual lot owners for their respective lots.
ARTICLE X
COMMON AREAS AND COMMON EASEMENTS
SECTION 1. Easements Reserved by Declarant. Declarant reserves easements
for the installation and maintenance of driveways, walkways, parking areas, water
lines, telephone and electric power lines, cable television lines, sanitary sewer and
storm drainage facilities, pumping and lift stations, drainage ditches and for other
utility installations over the Properties as provided in Article III, Section 2(d) of this
Declaration. Each Owner, by his acceptance of a deed to a Lot, and the Association
by its acceptance of a deed to the Common Areas, acknowledges such reservation
and the right of Declarant to transfer such easements to the Association or to such
utility companies as Declarant may chose. The easements reserved by the Declarant
include the right to cut any trees, bushes or shrubbery, make any grading of the soil,
or take any similar action reasonably necessary to provide economical utility
installation and to maintain the overall appearance of the Development.
The easements reserved by the Declarant are shown on the Maps.
Declarant further reserves the right to locate wells, pumping stations, lift stations and
tanks within any Common Areas or any residential Lot designated for such use on any
Map permission of the Owner of such adjacent Lot.
Within any such easement, no structure, planting or other material shall
be placed or permitted to remain which may interfere with the installation of sewerage
disposal facilities and utilities, or which may change the direction of flow or drainage
channels in the easements or which may obstruct or retard the flow of water through
drainage channels in the easements.. In addition, the Declarant and the Association
shall have the continuing right and easement to maintain all sewer and water lines
located on the Lots, including the right to go into dwellings and disturb the structure
and floors thereof in order to maintain those lines located within or under said
dwelling.
15

1673 1038
SECTION 2. Pier and Boat Dock Facility. The Declarant reserves the right, but
not the obligation, without the consent of the Lot Owners, to construct a boat dock
facility upon the waterfront or marshfront area of the island adjoining the properties
and to connect said facility to the mainland by one or more piers or bridges extending
from the Common Areas or easement areas reserved for such purpose by Declarant
as shown on the recorded Map of ELLIOTT PLACE. The Declarant hereby reserves an
easement and right-of-way over and across the Common Areas of the Properties for
access to and from said facility, if constructed. The Declarant also reserves the right,
but not the obligation, without the consent or approval of the Lot Owners to create
a separate Boat Owners Association for the operation and maintenance of such
facility.
SECTION 3. Dedication To Public Use. Nothing in these Restrictions, nor in the
recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to
dedicate) to public use any of the streets, bridges, common lands or other ground
within the subdivision.
SECTION 4. Use of Common Area. The Common Area shall not be used in any
manner except as shall be approved or specifically permitted by the Association. The
Association shall, in its sole discretion, retain the right to establish rules and
regulations for the use and enjoyment of all such property.
SECTION 5. Access Easement. The purpose of access easements is to provide
members of the Homeowners Association and their escorted guests pedestrian access
to the Common Areas of the Subdivision. This privilege is extended by the contiguous
lot owners with the understanding that the access easements will be maintained in
good repair as a responsibility of the Homeowners Association. Common courtesy
dictates that use of the access easement and Common Areas occur in as unobtrusive
manner as feasible with full respect for the privacy and property rights of the lot
owners involved. Any members of the Homeowners Association found to be
responsible for abuse of the access easement privilege may have this privilege
rescinded for an appropriate period of time by the governing board of directors of the
Homeowners Association.
ARTICLE XI
CONSTRUCTION GUIDELINES
SECTION 1. Period of Construction. The exterior of all houses and other
structures must be completed within twelve (12) months after the construction of
same shall have commenced, except where such completion is impossible or would
result in great hardship to the owner or builder due to strikes, fires, national
emergency or natural calamities.
SECTION 2. Conduct of Construction Vehicles. During construction all vehicles
involved including those delivering supplies must enter the building lot on the driveway
only as approved by the Committee so as not to damage unnecessarily trees, street
paving and curbs.
SECTION 3. Removal of Construction Debris. During construction the builder
must keep the homes, garages, and building sites clean. All building debris, stumps,
trees, etc., must be removed from each building lot by builder as often as necessary
to keep the house and lot attractive. Such debris will not be dumped in any area on
the subdivision.
SECTION 4. Storage of Construction Materials. Construction material storage
must be setback from the lot property lines in accordance with the same restrictions
as stated for Building Setback Guidelines (Article VI, Section 4).
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1673 1039
ARTICLE XII
INSURANCE
Each Owner shall secure and maintain in full force and effect at such Owner's
expense, one or more insurance policies insuring Owner's Lot and the improvements
thereon for the full replacement value thereof against loss or damage from all hazards
and risks normally covered by a standard "Extended Coverage" insurance policy,
including fire and lightning, vandalism and malicious mischief.
Each Owner, at Owner's expense, shall secure and maintain in full force and
effect comprehensive personal liability insurance for damage to person or property of
others occurring on Owner's Lot, any other Lot, or upon the Common Area, in an
amount not less than the amount designated by the Association. Owner shall provide
the Association with satisfactory evidence that such insurance as herein required is
in full force and effect and the Association will be given thirty (30) day's notice prior
to the expiration or cancellation of any Owner's insurance coverage. In the event
Owner fails or refuses to maintain such insurance coverage as herein required, the
Association may, but shall not be obligated to, through its agent or representative,
secure and maintain such insurance coverage for Owner's benefit, and the cost or
expense thereof shall be deemed a special assessment levied by the Association
against Owner and Owner's Lot in accordance with the other provisions of this
Declaration and Owner covenants, and Owner agrees to pay to the Association such
special assessment upon demand.
This Insurance provision may be modified or amended to substitute one
comprehensive insurance policy covering all Lots provided the approval of a majority
of the Owners is obtained and approval by 75% of the owners and holders of first
deeds of trust on the Lots is obtained. Such approvals shall be in writing but need not
be acknowledged and shall be attached to an amendment to this Declaration which
amendment shall be executed only by the Association and recorded in the New
Hanover County Public Registry.
ARTICLE XIII
RIGHTS OF MORTGAGEES
SECTION 1. Approval of Owners and Holders of First Deeds of Trust. Unless
at least seventy-five percent (75%) of the owners and holders of first deeds of trust
on Lots located within the Property then subject to the full application of this
Declaration, have given their prior written approval, the Association shall not:
(a) by act or omission seek to abandon, partition, subdivide,
encumber, sell or transfer any real estate or improvements thereon which are owned,
directly or indirectly, by the Association (the granting of easements for utilities or
other purposes shall not be deemed a transfer within the meaning of this clause);
(b) change the method of determining the obligations, assessments,
dues or other charges which may be levied against an Owner;
(c) by act or omission change, waive or abandon any plan of
regulation, or enforcement thereof pertaining to the architectural design or the exterior
appearance of residences located on Lots, the maintenance of party walls or common
fences and driveways, or the upkeep of lawns and plantings in the subdivision;
(d) fail to maintain fire and extended coverage insurance on insurable
improvements in the Common Area on a current replacement cost basis in an amount
not less than one hundred percent (100%) of the insurable value; or
17

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1673 1010
(e) use the proceeds of any hazard insurance policy covering losses
to any part of the Common Area for other than the repair, replacement or
reconstruction of the damaged improvements.
SECTION 2. Books and Records. Any owner and holder of a first deed of trust
on any Lot will have the right to examine the books and records of the Association
during any reasonable business hour.
SECTION 3. Payment of Taxes and Insurance Premiums. The owners and
holders of first deeds of trust on Lots may, jointly or singly, pay taxes or other
charges which are in default and which may or have become a charge or lien against
the Common Area and may pay overdue premiums on hazard insurance policies or
secure new hazard insurance coverage upon the lapse of a policy for property owned
by the Association and the persons, firms or corporations making such payments shall
be owed immediate reimbursement therefor from the Association.
ARTICLE XIV
CONDEMNATION
SECTION 1. Partial Taking Without Direct Effect on Lots. If part of the
properties shall be taken or condemned by any authority having the power of eminent
domain, such that no Lot is taken, all compensation and damages for and on account
of the taking of the common Area, exclusive of compensation for consequential
damages to certain affected Lots, shall be paid to the Board of Directors of the
Association in trust for all Owners and their mortgagees according to the loss or
damages to their respective interests in such Common Area. The Association, acting
through the Board of Directors, shall have the right to act on behalf of the Owners
with respect to the negotiation and litigation of the issues with respect to the taking
and compensation affecting the common Area, without limitation on the right of the
Owners to represent their own interests. Such proceeds shall be used to restore the
Common Area with the excess, if any, paid to the Owners pro rata. Nothing herein
is to prevent Owners whose Lots are specifically affected by the taking or
condemnation from joining in the consequential damages relating to loss of value of
the affected Lots, or personal improvements therein, exclusive of damages relating to
Common Area. In the event that the condemnation award does not allocate
consequential damages to specific Owners, but by its terms includes an award for
reduction in value of Lots without such allocation, the award shall be divided between
affected Owners and the Board of Directors as their interest may appear by arbitration
in accordance with the rules of the American Arbitration Association.
SECTION 2. Partial or Total Taking Directly Affecting Lots. If part or all of the
Properties shall be taken or condemned by any authority having the power of eminent
domain, such that any Lot or a part thereof (including specific easements assigned to
any Lot) is taken, the Association shall have the right to act on behalf of the Owners
with respect to Common Area as provided in Section 1 of this Article and the
proceeds shall be payable as outlined therein. The Owners directly affected by such
taking shall represent and negotiate for themselves with respect to the damages
affecting their respective Lots. All compensation and damages for and on account of
the taking of any one of more of the Lots, or personal improvements therein, shall be
paid to the Owners of the affected Lots and their mortgagees, as their interests may
appear.
SECTION 3. Notice to Mortgagee. A notice of any eminent domain or
condemnation proceeding shall be sent to holders of all first mortgages.
In

BOOK PAGE
1673 1041
ARTICLE XV
GENERAL PROVISIONS
SECTION 1. Entry. The Committee reserves for itself, its successors and
assigns, and its agents the right to enter upon any residential lot, for the purpose of
mowing, removing, clearing, cutting, or pruning underbrush, weeds or other unsightly
growth, or for the purpose of building or repairing any land contour or other
earthwork, which in the opinion of the Committee detracts form or is necessary to
maintain the overall beauty, ecology, setting and safety of the property. Such
entrance shall not be deemed a trespass. The Committee and its agents may likewise
enter upon any lot to remove any trash which has collected without such entrance
and removal being deemed a trespass. The provisions in this paragraph shall not be
construed as an obligation on the part of the Committee to undertake any of the
foregoing.
SECTION 2. 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, liens 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 3. 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 4. Amendment. The covenants and restrictions of this Declaration
shall run with the and bind the land until January 1, 2013 after which they shall be
automatically extended for successive periods of ten (10) years. This Declaration
(except as set forth to the contrary in Article IV, Section 3) may be amended by an
instrument signed by the Owners of not less than sixty-six and two-thirds percent (66
2/3%) of the Lots.
SECTION 5. Additions to Covenants. The Declarant may include in any
contract or deed hereafter made, any additional covenants and restrictions that are not
inconsistent with and which do not lower the standards of the covenants and
restrictions set forth herein.
SECTION 6. Release of Lots. The Declarant may at any time release any one
or more lots shown on said plat from any or all of the restrictions and covenants
running with the land herein set forth, and also from any or all additional restrictions
and covenants imposed pursuant to the provisions of Section 5 above, provided the
written consent thereto of the owner or owners of not less than two-thirds in number
of the lots shown on said plat shall be obtained.
SECTION 7. Assignment or Development Rights. If the Declarant shall transfer
or assign the development of such subdivision or if it shall be succeeded by another
in the development of such subdivisions, then such transferee, assignee, or successor
shall be vested with the several rights, powers, privileges or authorities given said
Declarant by any part or paragraph hereof. The foregoing provisions of this paragraph
shall be automatic, but the Declarant may execute such instrument as it shall desire
to evidence the vesting of the several rights, powers, privileges, and authorities in
such transferee, assignee or successor. In the event the Declarant contemplates or
is in the process of dissolution, merger of consolidation, the Declarant may transfer
and assign to such person, firm or corporation as it shall select any and all rights,
powers, privileges and authorities given the declarant by any part or paragraph hereof,
whether or not the Declarant shall also transfer or assign the development of such
subdivision or be succeeded in the development of such subdivision. IN the event
19

BOOK PAGE
1673 1042
that at any time hereafter there shall be no person, firm, or corporation entitled to
exercise the rights, powers, privileges and authorities given said privileges and
authorities shall be vested in and exercised by the Committee to be elected or
appointed by Owners of a majority of the lots of said land. IN such event, the
Committee shall then have the same rights, powers, privileges and authorities as are
given to the Declarant by any part or paragraph hereof. Nothing herein shall be
constructed as conferring any rights, powers, privileges, and authorities in said
Committee except in the event aforesaid.
SECTION 8. Modifications. The Declarant specifically reserves the right to
amend any part or all of the restrictions, covenants, an conditions herein set out by
filing in the Office of the Register of Deeds of New Hanover County a declaration of
amended restrictive covenants. Such amendments, modifications, or additions to the
restrictive covenants contained in this Declaration shall be made applicable to the
conveyance of lots made subsequent to the recording of such declaration of amended
restrictive covenants.
SECTION 9. Remedies Against Violations. The covenants and restrictions
herein shall be deemed to be covenants running with the land. If any person claiming
under the Declarant shall violate or attempt to violate any of such restrictions or
covenants, it shall be lawful for the declarant, or any person or persons owning any
residential lot on said land: (A) to prosecute proceedings at law for the recovery of
damages against the person or persons so violating or attempting to violate any such
covenant or restriction, or (B) to maintain a proceeding in equity against the person
or persons so violating or attempting to violate any such covenant or restrictions for
the purpose of preventing such violation, provided however, that the remedies in this
paragraph contained shall be construed as cumulative of all other remedies now or
hereafter provided by law. Without limiting the foregoing provision of this paragraph
enforcement of these covenants and restrictions shall be made by ELLIOTT PLACE
HOA, Inc, of which every record owner of a fee or undivided fee interest in any lot
shall be a member. Invalidation of any provision of the covenants and restrictions set
forth herein by judgement or court order shall not affect or modify any of the
covenants and restrictions which shall remain in full force and effect.
SECTION 10. All Lots Subject to Covenants. The Declarant hereby
covenants and agrees that every contract of sale or deed made by the Declarant
wherein is described any residential lot of said land shall include or be subject to, by
reference or otherwise, each and every covenant and restriction herein written, or the
substance thereof, and, subject to the reservations herein, the Declarant shall conform
with and abide by the foregoing covenants as to all of said Land.
SECTION 11. Regulations. Reasonable regulations governing the use of
the Common Area and external appearance of all structures erected on the Lots may
be made and amended from time to time by the Board of Directors of the Association;
provided, however, that all such regulations and amendments thereto shall be
approved by a majority vote of the Owners before the same shall become effective.
Copies of such regulations and amendments thereto shall be furnished to each
Member by the Association upon request.
IN WITNESS WHEREOF, the Declarant herein, has caused this Declaration to
be executed this L day of 1993.
(SEAL)
DAVID E. TAY OR
20

BOOK PAGE
1673 1043
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, HEATHER M. AYERS, a Notary Public for the aforementioned County and
State, certify that DAVID E. TAYLOR personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal this the 13th day of May, 1993.
gRb1 Notary Public
t es Expir:a oar%- c �4
94
.•+.:TM:� tag, r ;-a•
STATE""O.F NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate of I`'I 'A Qom, Notary Public is certified
to be correct. This the 10 day of May,1993.
Jk. "
MARY SUE DOTS
Register, pjf Degdss-/New Hanover County
By
Deputy/Aesistanm'
21