20201604 Ver 1_NOV Response_20230605 (4)

BKO19347PGO0334
WAKE COUNTY, NC
TAMMY L. BRUNNER
REGISTER OF DEEDS
PRESENTED & RECORDED ON
05-30-2023 AT 16:02:19
Prepared by & Return to:
Michael F. King, Esq.
4350 Lassiter at North Hills Avenue
Suite 300
Raleigh, NC 27609
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BOOK: 019347 PAGE: 00334 - 00341
RESTATED DECLARATION OF PROTECTIVE MAINTENANCE COVENANT
This RESTATED DECLARATION OF PROTECTIVE MAINTENANCE COVENANT
("Declaration") restates and supersedes in its entirety that certain Declaration of Protective
Maintenance Covenant recorded in Book 19334, Page 733, Wake County Registry, and shall be
effective as of the date of its recordation in the Wake County Registry and is made by Lennar
Carolinas, LLC, a Delaware limited liability company ("Declarant"), whose address is 1100
Perimeter Park Drive, Suite 112, Morrisville, North Carolina 27560, and by Jasper Place
Homeowners Association, Inc., a North Carolina nonprofit corporation ("Association"), whose
address is 1100 Perimeter Park Drive, Suite 112, Morrisville, North Carolina 27560.
WITNESSETH
WHEREAS, Declarant is the owner of certain real property located in Wake County, North
Carolina, and being described in those certain deeds recorded in Book 18841, Page 2730, and Book
18841, Page 2134, Wake County Registry and being generally identified as Wake County Parcel
Identification Numbers 1795456688 and 1795557304, and Declarant has developed such property
as a residential subdivision known as Jasper Place (the "Subdivision"); and
Submitted electronically by K&L Gates LLP in compliance with North Carolina statutes eovernine recordable documents and the
terms of the submitter aureement with the Wake Countv Reuister of Deeds.
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WHEREAS, Association is the "Association" for the Subdivision pursuant to that certain
Declaration of Covenants, Conditions and Restrictions for Jasper Place recorded in Book 19188,
Page 2053, Wake County Registry, and the Association is responsible for maintaining the common
areas of the Subdivision; and
WHEREAS, in connection with its development of the Subdivision and installation of
sanitary sewer utility improvements to serve the Subdivision, Declarant installed among other
improvements a sewer line crossing for Stream Impact 1C pursuant to its Nationwide Permit for
the Subdivision ("Sewer Line Crossing");
WHEREAS, in connection with its installation of the Sewer Line Crossing Declarant
applied for and received coverage for the project under 401 Certification DWR # 20201604 v2 and
Buffer Authorization DWR # 20201604 v2.
WHEREAS, the Sewer Line Crossing is located within an area of the Subdivision
designated a common area;
WHEREAS, the Nationwide Permit authorized the Sewer Line Crossing to be installed
beneath the existing stream channel but the as -built Sewer Line Crossing was installed above the
bottom of the existing stream channel;
WHEREAS, the U.S. Army Corps of Engineers —Wilmington District ("USACE") and
the North Carolina Division of Environmental Quality —Division of Water Resources ("NCDEQ")
issued a Notification of Permit Noncompliance dated March 3, 2023, which identified the as -built
installation deficiency of the Sewer Line Crossing under the Nationwide Permit for the Subdivision;
WHEREAS, Declarant proposed a remedial plan to correct the deficiency of the Sewer
Line Crossing ("Remedial Plan"), including among other things the installation of an up -stream
cross -vane to allow pool formation under the Sewer Line Crossing as shown on Exhibit A attached
hereto ("Cross -Vane") and the implementation of a maintenance program to ensure that any debris
that accumulates in the pool under the Sewer Line Crossing or proximate to the Cross -Vane is
regularly removed ("Maintenance Program");
WHEREAS, the Remedial Plan has been approved by USACE and NCDEQ and the Cross -
Vane has been installed such that the Sewer Line Crossing complies with the requirements of the
Nationwide Permit for the Subdivision; and
WHEREAS, Declarant and Association have agreed to subject the Subdivision to the
protective covenants hereinafter set forth to establish the Maintenance Program to ensure
compliance with the Nationwide Permit and 401 Certification DWR # 20201604 v2 and Buffer
Authorization DWR # 20201604 v2 for the Subdivision.
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NOW, THEREFORE, for and in consideration of the foregoing recitals, which are
incorporated herein by reference, and other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Declarant and Association each hereby declares that
the Subdivision is and shall be held, transferred, sold and conveyed subject to the protective
covenants hereinafter set forth.
ARTICLE I
The Maintenance Program shall consist of monthly inspections of the Sewer Line Crossing
and Cross -Vane to identify and immediately remove any debris that has accumulated
behind/against the Sewer Line Crossing, in the pool under the Sewer Line Crossing or proximate
to the Cross -Vane, to perform restoration and mitigation work if and as necessary as determined
by the professional stream consultant, staff with the Division of Water Resources, or staff from the
US Army Corps of Engineers to prevent stream degradation above or below the Sewer Line
Crossing and to ensure that the Cross -Vane is functioning as designed. To ensure compliance with
the Nationwide Permit and 401 Certification DWR # 20201604 v2 and Buffer Authorization DWR
# 20201604 v2 for the Subdivision, the Association shall be responsible for implementing the
Maintenance Program. To this end, the Association shall engage a professional stream consultant
to perform the Maintenance Program, and the Association shall budget annually for the costs of the
Maintenance Program. The Association shall require the professional stream consultant to
document its work on a monthly basis, including the identification and photo documentation and
removal of any debris and any stabilization work required for stream and the Cross -Vane, and
deliver such reports to the Association. The Association shall make all such reports available to
the USACE and NCDEQ upon written request.
ARTICLE H
The foregoing protective covenants shall run with the land and be binding upon the
Association. The USACE and NCDEQ are each hereby made a beneficiary to this Declaration,
and each shall have the right to enforce this Agreement by legal action to ensure that the Association
complies with its obligations under this Agreement to implement the Maintenance Program. The
Association expressly acknowledges that accumulation of debris in and around the Sewer Line
Crossing to the extent that it precludes aquatic life passage or results in bank destabilization
constitutes a violation of 15A NCAC 02B .0211, 401 Certification DWR # 20201604 v2, and
Buffer Authorization DWR # 20201604 v2 and that the Association is responsible for any stream
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remediation work that is necessary to address such a violation. This Declaration may not be
amended without the written consent of the Association and the USACE and NCDEQ. If any
provision hereof is declared by a court of competent jurisdiction to be void, invalid, illegal, or
unenforceable for any reason, such judgment shall have no effect upon the other provisions hereof,
provided that the essential purpose of this Declaration remains in effect.
[SIGNATURE PAGES ATTACHED]
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IN WITNESS WHEREOF, Declarant and Association have each executed this Declaration as of the day
and year set forth in the acknowledgement blocks below.
LENNAR CAROLINAS, LLC,
a Delaware limited 'ability ompany
By: 2.
Name: Robert Smart
Title: Vice President
STATE OF NORTI O r A
COUNTY OF -
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Robert Smart.
Date/V
:��
[OFFICIAL SEAL]
Official Signature of Notary Public
1�4 V4(. 4-f 14-t'e' y —
Notary printed or typed name
My commission expires: q,— ( -7
COUNTY,NOTARY PUBLIC
WAKE •'CAROLINA
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ASSOCIATION:
JASPER PLACE HOMEOWNERS
ASSOCIATION, INC., a North Carolina
nonprofit corporation
6B.. don Wa Vice President
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: Landon Walls.
[OFFICIAL SEAL]
expires:
Q1 �cc)
Official Signature of Notary Public
4ep��� c,--) CC"-3
Notary printed or typed name
My commission
WEATHER 0. GASTER
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low,
I
May 30, 9024
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Exhibit A
[See Attached]
315152080.6

BK019347PG00341