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SW8030818_Historical File_20210127
r _ Btu; P1763 08-44:04'0m, 11111111111111111RIIIIIIIIIII Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 1 of 3 1 A n t � r�Ps ' Rev�_Int. otal Cash$ ,k$ _ Ck# — STATE OF NORTH CAROLINA ;Refund_ Cash$__Finance in Portions of document are illegible due to condition COUNTY OF BRUNSWICK of original. 9 Document contains seals verified by original instrument that cannot be reornduced at cowwl- Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve, Section 9, Plat 1 C (Maximum Permitted Built Upon Area for Lot 14B) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation, The Reserve, Section 9, Plat I ("Amendment") is made and entered into this d day of ,2019 by St. James Development Co.,LLC,a North Carolina limited liability company("St. James Development Co."). RECITALS: A. St. James Development Co. caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve, Section 9,Plat I C in Book 1981, at Page 363 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised, including without limitation by this amendment, is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith, P.A.,University Corporate Center, 127 Ra �jv,� '�� Wilmington,NC 28403-8705 l✓ JAN 2021 8Y: - i 0 01 20 IIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIfII Brend H.t l 0 8 ors-0418 PROP w Brunsick County, NC Register of Deeds page 2 of 3 B. St. James Development Co. desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529, Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE, St. James Development Co., exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 14B to 9,200 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration, including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, St. James Development Co., acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: —(SEAL) Robert F. Masters, Authorized Agent i IIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIII g42z� �0t65 08:44:04.001 unswiek County, �C Register of Deeds Clemmons PROP page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF ne—W �V I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: ROBERT F.MASTERS. Date: .� �� 3 a ,1-� i� J� - Signature of Notary Putblic Notary's printed or ty0d name My commission expires: Q,v y vJ 13 2.e��3 (Official Seal) SHELLY J. BAKER Notary Public Pender County, North Carolina My commission expires Aug.13,2023 Notary seal or stamp must appear within this box. ybcj� qe",114z? r14� St. James Plantation Property Owners' Association POA Board Meeting - Minutes POA Conference Room October 20, 2020 — 1:30 PM In Attendance: John McGorry, Jerry Iverson, Mike Farage, Jim Lavin, Bill Lendh, and Jeff Toner Also in attendance: Dan Davis, Community Manager Call to Order The meeting was called to order byrPresident Jerry Iverson at 1:30 PM President's Comments: • Proposed Officer Slate — Jerry proposed the following slate of officers for consideration: Pres. - Jerry Iverson; VP - Mike Farage; Treasurer- Jim Lavin; Secretary - Bill Lendh. Slate was discussed. • Proposed. Committee Assignments — Jerry proposed the following committee assignments: Iverson - IT and Communications; Lavin — Finance and Investments; Farage— Safety/Security, Nominating, Fire Board; Lendh — Infrastructure, Activities; Toner—ACC, stormwater permitting; McGorry— Ponds, Landscaping. Assignments were discussed. Secretary's Report • Reviewed and Approved minutes from Sept. Board meeting. Committee Reports ACC -John McGorry • The month of September saw 12 new home starts reviewed and a total of 61 modifications, 52 to existing homes. Safety & Security— Mike Farage • Gate entries were up slightly in Sept. at 183K. Tickets were also up slightly at 61speeding violations with no stop sign violations. Infrastructure—Jeff Toner • General Infrastructure maintenance continues with no new large expenditures expected. Storm Water Permit Transfers to the POA continue to be in limbo. Old Business — None New Business Recommendation on MOA Easement-A motion to approve an easement with the Marina Owners Association was made by Jim Lavin, seconded by Bill Lendh, and approved unanimously. Recommendations on Troon Easements -A recommendation to approve easements with Troon for the Seaside Mail Kiosk and the Founders Birding Trail was made by Jim Lavin, seconded by Jeff Toner and approved unanimously. Recommendation of Board Officers 2021 —A recommendation to approve the proposep rd Officer slate for 2021 was approved by unanimous consent. r,e1v J A. 2021 BY: Recommendations on Committee Assignments A recommendation to approve the proposed Committee Assignments for 2021 was approved by unanimous consent. Adjourned at 2:10 PM Respectfully Submitted John McGorry, Secretary CA202110411209 SOSID: 0407570 Date Filed:4/14/2021 Elaine F.Marshall Carolina Secretary of f4 LIMITED LIABILITY COMPANY ANNUAL North CA2021 104 11209tate NAME OF LIMITED LIABILITY COMPANY. ST.JAMES DEVELOPMENT CO. LLC SECRETARY OF STATE ID NUMBER: 0407570 STATE OF FORMATION: NC m OW=Use r REPORT FOR THE CALENDAR YEAR: 2021 SECTION A:REGISTERED AGENTS INFORMATION ❑Changes 1.NAME OF REGISTERED AGENT: JOHN A ATKINSON 2.SIGNATURE OF THE NEW REGISTERED AGENT: slMATURE CONSTITUTES CONSENTTO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 4006 St.James Drive SE P 0 Box 10879 Southport,NC 28461 Brunswick Southport,NC 28461 Brunswick SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Golf Course 2.PRINCIPAL OFFICE PHONE NUMBER: 910)263-3001 3.PRINCIPAL OFFICE EM privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS S.PRINCIPAL OFFICE MAILING ADDRESS 4006 St.James Drive SE P 0 Box 10879 Southport,NC 28461 Brunswick Southport,NC 28461 Brunswick 8,Select one of the following N applicable.(Optional see Instructions) ❑ The company is a veteran-owned small business ❑ The company Is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company offadals In Section E.) NAME: JOHN ATKINSON NAME: NAME: TITLE: Man80er TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: PO Box 10879 Southport,NC 28461 Brunswick SECTION D• ICATION // REPO Section D must be completed In Its entirety by a person/business entity. siGlvATURE DATE Form must be signed by a Company Official listed under secfion C of This form, A Aikk A Sp h h oL e r Pdnl or Type Noma of Company Offidal Print or Type Title of Com y official SUBMIT THIS ANNUAL REPORT WITH TI1E REQUIRED FILING FEE OF$200 MAIL TO;Seeretery of Slate, Business Registrallan Division.Post Office Base 20n,Raleigh.NC 2762B-a= l A6& to6 Johnson, Kelly From: Mark Brambell <mark@tnc.11c> Sent: Tuesday,January 19, 2021 4:52 PM To: Johnson, Kelly; Mark Brambell; Hall, Christine Cc: 'David Hopkins'; jack@stjamespoa.net' Subject: RE: [External] RE: St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) Attachments: Reserve Section 03-3 cov amend r1.pdf; Reserve Section 09-1C Lot 14 B cov amend r1.pdf, October Board Minutes 2020.docx; Min Mod shts 3-1 and 3-2 r1.pdf CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Hi Kelly 1. HOA President: Please submit the most recent election minutes or similar documentation that Jerry Iverson is the HOA President. This is something I would need for the pending permit transfer in order to show that Mr. Iverson has signature authority. But since we are basing this modification on a certification by both parties please go ahead and submit that so we have it on file. I see Jack submitted the POA minutes in a previous email. Also attached here. 2. Deed Restrictions: Most of these lots are at 7,500sf/lot,and I spot checked those with the various covenants submitted. I also found two of the lots that aren't 7,500sf in the recorded documents submitted as shown below. But, I didn't see the covenants for the 14,000sf and the 9,200sf lots. Can you please submit those? Attached are the two covenants that cover the lots you requested. 3. Plans: Plans were submitted, but they are not sealed. I have to have sealed plans per the regulations [15A NCAC 02H .1003(g)]. Please submit those. I will get sheets 3-1 of 5 and 3-2 of 5 sealed. Please note that sheet 4 of 5 was sealed by David Bowman and i assume that is ok as is. Please confirm. See"Min Mod shts 3-1 and 3-2 rl.pdf" attached ffil II Ilil�p IVf later r. w ,r im " "rr;' R. %i.lames Developmenl Co.desires to amend the Declaration as set forth herein. U. Fumuant to that Partial Assignment of(Declarant(tights recorded in Rook 1178, Pcr,:a:52.1J.11•mowick County Registry,during i1 o Devctopmcm Period,mclur'ani may anilatcrul,y a`,mad the L tl;smflon 'I to Ik—VV.+oj n:ent I'r;tany Pits Wt yart mpi w-l. 1�101N. I7iIiRCsF Ult�i,5'. 1.in ,.1:ry I i urit Co..exercm'sing its right to amend thu TX-claration pursuant to ttrc provision scr T:a7:5 lt...r.ir. by antcndR dw Dodamition as folk.ws: 1. Soction 20 of tlrc I)wWrxtign dcgcriba Iho maximum pcinnitted irii;:ufai.c :urea per Lot as 7,300 square feet. The Doelmlion is hereby amended to revise the maximu-rr ponnlacd built upon errs for Lot 30 to 14,000 xq wre foci. Except as exprawly providcd in the paragraphs alcove,tin:(cans sa,l prow i,,i.11r.,all the,Declaration,including all of the other tcnas of Section 20 in the aferomrndomi ranucr.rnun: a..ii ter...:......:..r..n r.,..-.....a..r:r..._..m......oa�_._._.:.�.ram.a......�r.r...,.......�...—,.a:r...� 1 LII I4,4111r &.11 L*431c 1!. St.James DcwhR lwu,,art Ot.lll`+in.ra+arr,encJ tht GD clar;Aflvn a-�st fLLrtil h.ro;n. C. Pur uar:t u+thar Aa%t i a I A%%irpl-ru:v J kchranl Riphts rrtyr,&-J in HL-I x 1178,iPa c$:39.Brun3miek 0.ImnlY RIT6511-1;duJ:n;;thu Dirvwkspmclfl Ve-4Ld.13,vlamna mAy LoilaUaxally anwdtd Olt 11"Imn0un r.+r:arly purgxe.-•.. L hl:De%clopmeti:F%::'A 9 hn:rnt u-1 cxpirt d. NOW. I"WRl{1 flRr.tit.-1will"n.Ikti4Iiirmettt Co..exemising its ripht to anw:rid the lh-clartrti+lrl purr-umt t•.+the rmn man�.y Jginh a�atie.lrgwtaM:nnkrAl 7hE lhxWatinve us rnllov%%: I. s ,aicxi Di+sr ui,lkrfr.rxion d-u.crita:v th.:niammumo Nuntilud hailt up+n arw p,:r t.L l a,7.5,01,:;tin► .c.Tlx:It 0,ratilnl,i.hrreh%:mnendLd to mi.ke the Maximum pennILLrd n11111 4LI1111+;jr4!flw I m 14B fit lltltrr frt. a w Ft.a"Unl hti+I+F110du:in thw 0 W.-1.e..t1c.cr,Tu.and 310,1%,.,iilrs of tk.Lr Lkclannion.on::ludin,all off-I!AhZ tv:rT:a fit"W&Aht.11.':ir is thu nG,5r h11�C11lITnctf Thanks Mark Brambell,President Terra Novo Consulting, LLC. Cell:910-279-4489 Off:910-338-9011 From:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Sent:Tuesday,January 19, 202111:26 AM To: Mark Brambell<mark@tnc.11c>; Mark Brambell<mark@terra-novo.com>; Hall, Christine <Christine.Hal I@ncdenr.gov> Cc: 'David Hopkins' <dhopkins@riverbrookbuilders.com>; 'jack@stja m espoa.net'<jack@stja mespoa.net> Subject: RE: [External] RE:St.James State Stormwater-Paladin Club Phase 3 (SW8 030818) Hi Mark, went through this one today. I think the"certification" by the permittee and the HOA looks good. I have three, hopefully simple,questions: 1. HOA President: Please submit the most recent election minutes or similar documentation that Jerry Iverson is the HOA President. This is something I would need for the pending permit transfer in order to show that Mr. Iverson has signature authority. But since we are basing this modification on a certification by both parties please go ahead and submit that so we have it on file. 2. Deed Restrictions: Most of these lots are at 7,500sf/lot, and I spot checked those with the various covenants submitted. I also found two of the lots that aren't 7,500sf in the recorded documents submitted as shown below. But, I didn't see the covenants for the 14,000sf and the 9,200sf lots. Can you please submit those? 3. Plans: Plans were submitted, but they are not sealed. I have to have sealed plans per the regulations[15A NCAC 02H .1003(g)]. Please submit those. 2 512&Family Sq.Ft. Count Acres Covenants Reserve 1MVntkmeve Lots 27 30.31,32 7,500 S 0.86 7,30t1 Reserve Mwtdmere Lot 29 1 0,21 9,000 8K20B7tPG3e Reserve(Noss Hammock Lot 171.177 7.500 7 1.21 7500 Reserve Marshfieid Section 3 Plat 3 Lots 30 14a00D 1 14,000 Reserve Marshfield Section 3 Plat 3 lots 31-44 7.500 14 2.41 7,500 Reserve Marshfield Section 4 Plat 1 Lots 19.29 7.50D 11 1.89 7,500 Reserve Brid8ewstef Section 9 Plat 5 Lots 1-10 7.SQD 10 1.72 7.00 Reserve Bancroft I Section 9 Plat 1A Lots 1-5,S4.27 7,500 9 1.SS 7,W Reserve Bancroft I Section 9 Plat 19 Lots 16.23 7,500 s 1.38 %500 Resew Bancroft I Section 9 Plat 1C Lots 6-13,14A, 15 7.5M 10 1.72 7,5W Reserve Bancroft I Section 9 Plat 1C Lot 146 VW 1 0.21 9,200 ,I Reserve Bancroft I Section 9 Plat 20 Lots 28-36 71AW 9 1,55 7•,500 Reserve Bancroft I Section 9 Plat 2E Lots 37-54 71500 is 3.10 7,500 Reserve Bancroft I Section 91 ..:=-:r ots 55.64 7,50D 10 1.72 7.5W Reserve Bancroft I LeftF6 66 71A00 2 0.34 7AA0 Reserve Bancroft 11 Section 9 Plot 2A Lots 1.10 k7',AW SW 10 1,72 7,500 Reserve Bancroft 11 Section 9 Plat 29 Lots 11-24 14 2,4i 7.500Reserve Bancroft Il Section 9 Plat 3A Lots 2S-34&72,BDS00 19 3.27 Reserve Bancroft 11 Section 9 Plat 40 Lots 35.50&52.63S00 28 4.82 7500Reserve Bancroft 11 Section 9 Plat 46 Lot 51 60 E191111'. 7,560 1 h�•R�r' '� ii� Reserve Bancroft 11 Section 9 Plat 4A Lots 64-71 7,S0D 7,500Reserve Bancroft 11 Section 9 Pl+t?r`Lots 81-8s 7.500 7,500 ROOM ewr�oft 11 Section Reserve Bancroft 11 Sectl • Y " 7`' 3 r, " As you know, I am required to set a due date for Requests for Additional Information. Please respond by 2/3/2021. Thanks, Kelly 1<-'eUbi Ohwsow Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent: Monday,January 4, 2021 12:13 PM To: Mark Brambell<mark@tnc.11c>; Mark Brambell<mark@terra-novo.com>; Hall,Christine <Christine.Hall@ncdenr.gov> Cc: 'David Hopkins'<dhopkins@riverbrookbuilders.com>; 'jack@stjamespoa.net'<jack@stiamespoa.net> Subject: RE: [External] RE:St.James State Stormwater- Paladin Ciub Phase 3 (SW8 030818) Hi Mark, 3 I hope you are also doing well. I wish I could give you a time estimate, but there are too many variables. I will get to it as soon as I can. Thanks, Kelly F�,eLLW oh vuso vu Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Brambell<mark@tnc.11c> Sent: Monday,January 4,20217:56 AM To:Johnson, Kelly<kellv.p.8ohnson0ncdenr.aov>; Mark Brambell <mark@terra-novo.com>; Hall,Christine <Christine.Hall@ncdenr.eov> Cc: 'David Hopkins'<dhopkins@riverbrookbuilders.com>; 'jack@stjamespoa.net'<iack@stiamespoa.net> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Hi Kelly I want to start by wishing you a healthy and happy 2021. 1 was wondering if you can give mean update on where we stand on the list. Thanks Mark Brambell,President Terra Novo Consulting, LLC. Cell: 910-279-4489 Off:910-338-9011 From:Johnson, Kelly<kelly.p.iohnson@ncdenr.sov> Sent:Wednesday, November 25, 2020 9:30 AM To: Mark Brambell<mark@tnc.11c>; Mark Brambell<mark@terra-novo.com>; Hall,Christine <Christine.Hall@ncdenr.eov> Cc: 'David Hopkins'<dhopkins@riverbrookbuilders.com>; 'jack@stjamespoa.net`<iack@stiamespoa.net> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) Hi Mark, 4 I got your voicemail letting me know that you have submitted. Unfortunately, it takes quite some time to work through the list of submitted projects. This one is currently#39 on the list. I will get to it as soon as I can. Thanks, Kelly FCeI. WDkVt,SDV- Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Brambell<mark@tnc.11c> Sent:Tuesday, November 24,2020 2:35 PM To:Johnson, Kelly<kelly.P.iohnson@ncdenr.eov>; Mark Brambell<mark@terra-novo.com>; Hall, Christine <Christine.Hall@ncdenr.eov> Cc: 'David Hopkins'<dhopkins@riverbrookbuilders.com>; 'jack@stja m espoa.net'<iack@stiamespoa.net> Subject: RE: [External] RE:St.James State Stormwater-Paladin Club Phase 3 (SW8 030818) Hi Kelly I hope you are doing well. I left you a voicemail related to this project but I wanted to follow up with an email to see if you have any questions. I resubmitted it on November 2"d From: Burd,Tina J<Tina.Burd@ncdenr.Gov> Sent: Friday, November 6,2020 3:08 PM To: Mark Brambell<mark@tnc.11c> Subject:030818-St.James Paladin Club The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted the Stormwater Permit Minor Modification Application for the subject project on November 2, 2020. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate 11 Wilmington Regional Office Division of Environmental Assistance&Customer Service Phone 910-796-7215 5 Burd, Tina J From: Burd,Tina J Sent: Friday, November 6, 2020 3:06 PM To: atkinsonj@beilsouth.net; mark@terra-novo.com Subject: SW8 030818- St.James Paladin Club The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted the Stormwater Permit Minor Modification Application for the subject project on November 2, 2020. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance &Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 DES : 1 Burd, Tina J From: Mark Brambell <mark@terra-novo.com> Sent: Friday, November 6, 2020 3:06 PM To: Burd,Tina J Subject: (External) Automatic reply:SW8 030818 - St.James Paladin Club Follow Up Flag: Follow up Flag Status: Flagged External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to IML This email address is no longer in service. Please start using mark@,tnc.11c from now on. Thanks 1 Burd, Tina J From: Burd,Tina J Sent: Friday, November 6, 2020 3:08 PM To: mark0tnc.11c Subiect: 030818 - St.James Paladin Club The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted the Stormwater Permit Minor Modification Application for the subject project on November 2,2020. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance&Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 W.. P ,.. ' �oondence to and fitorr; this address is sobject,to Me Nr:r, .)aria Public Records Law and may be disclosed to third parties, 1 Application Completeness Review Checklist(Non-Transfersp-Short Version Project Name: YC�` �� - ay L Date iDeiivered to W'IRO x�� Project County/Location: BIMS Received/Acceoted Date: li Rule(s): �2017 Coastal r-12008 Coastal F�1995 Coastal BINS Acknowledged Date': Phase 11 F 1-riversai 01988 Coastal Permit Action: New ❑New Permit#': MaJor ivc2d Min t,o�tenewalExisting Permit#: ( � Permit Type: HD{L D/L D Overall HD&LD Combo Exprlation Datei. Genera!permit/Offsite j xempt j Rescission F—IrNfsite to SW8: Development Type: Commerciai/Residential/Other L � Lot is in Master. ermit? Subdivided?: Subdivision or Single Lot EJPE Cert Dn ;71e- Permittee Type&Documents Needed: nProperty Owner(s) Purchase, Lessee �HOA, �DeveloGe El lDeed iabie 11Viabie' E]Viabie? OViable? ElViaaie? Dee �PurchaseAgmt LeaseElection Minutes Not Subdivided: Deed Flubdivisicn Common Area Deed Paperwork Application Fee: M5505(within Smo) Check#(s1. El No Fee 1-1 Supplement'(I new form or far older forms:1 originol per SCM) Flow, Soils Report(lnfi7 or PPj ElCalculations(signed/seQled) Deed Restrictions,if subdivided' Project Narrative �LrSGS Map(or on file?) Subject to 5A?: Y f N Subject to ORW?: Y N Plans(2 Sets) �PC Certification Electronic Copies ip�\dr Easements, Recorded(2017 Rules) NOTES: 'Enter BIMS Acknowledged Date on this Sheet 'For New Projects-Enter New Permit#on Supplements&Deed Restiction f emplates. 3lf wlin 6 months and thev are requesting a mod,STOP Needs a renewal First—MAILED ENGINEER DATE: Comments: RIEVIEWER NAME: i&1L _ h'Q',' ne*erence uoram�,Proceoures,,Checkus-Ls''�Cmmnlp eness Review Cnecxhst 2020 0131 Terra Novo Consulting, LLC. Land Development & Project ManagementTen te -.0.7 OV26 November 2nd,2020 Kelly Johnson. NCDEQ- Energy,Mineral,and Land Resources -Land Quality Section 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: Minor Modification SW8 030818—St.James Paladin Club,Phase 3 Permit Transfer to POA Dear Kelly, On behalf of St.James Development Company, LLC., I would like to submit a minor modifi on to the above-referenced permit. The permit was first issued Novemberi9I- and last-mo fled August 24, 2005. The purpose of this submission is to update your records with respect to lot layout/numbering,lot BUA,and covenants. This minor modification leaves the projects total BUA unchanged at 3,142,005 SE It reduces the total number of lots from 218 to 212 and with the exception of one lot reduces the BUA allocation to match the recorded covenants, freeing up 19.86 Acres of impervious that I have assigned to Developer future allocation. The permittee wants to make it clear that they believe that the system in place today meets the intent of the permit as constructed. As such they have included a permittee construction certification, signed by both the permittee and HOA President. As such,upon completion of this modification, I have also submitted the permit name change application transferring the permit to the HOA. Please find attached the following submittal package for the modification. 1. Two hard copies (with original signatures) and one electronic copy of stormwater permitting form 7. 2. Two hard copies (with original signatures) and one electronic copy of the Permittee Construction Certification 3. Two hard copies and one electronic copy of the revised existing plan sheet 3-1, 3-2,and 4. 4. One hard copy and one electronic copy of the plats and covenants that cover the permit. (See 01 Legal folder) 3201 Wickford Dr. Wilmington NC 28409 Tel: (910) 338-9011 5. One electronic copy of the existing permits. (See 02 Permit folder) 6. One electronic copy of my excel worksheet (See 06 Min Mod Nov 2020 folder). Please find attached the following submittal package for the permit name change. 1. Two hard copies (with original signatures) and one electronic copy of the stormwater permitting transfer application form. 2. Two hard copies (with original signatures) and one electronic copy of the Grass swale operation and maintenance agreement. 3. Two hard copies of the ownership map and tax records. (Developer owns no lots in this permit.) 4. One hard copy and one electronic copy of common area deeds to POA. (See 01 Legal folder 5. A check for$505. Thank you for your time and consideration of this matter. If you should require any further information,please do not hesitate to call. Sincerely, Mark Brambell Project Manager 3201 Wickford Dr. Wilmington NC 28409 Tel: (910) 338-9011 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday,July 21,2020 5:27 PM To: 'Mark Brambell'; Hall, Christine Cc: 'David Hopkins'; jack@stjamespoa.net' Subject: RE: [External] RE:St.James State Stormwatar- Paladin Club Phase 3 (SW8 030818) Hi Mark, Developing a "Certification Program" is a bit more than I was anticipating. We had discussed an unusual path fonvard for this particular project, as we typically do when we have an unusual problem to solve. But,expanding the idea frofn this particular project to an idea that could be used for all of St.James(which would be seen by other engineers and developers as an option for other developments' is much more involved. For this particular project,some swales/curb outlet swales were constructed differently and in different locations than the permitted plans. You were concerned that revising the application materials to include calculations and other supporting data would be difficult and costly. At the meeting in November 2019,we agreed that instead you would inspect the swales as they have been constructed and submit a certification that the constructed configuration provided equal protection as the permitted configuration. We would base the modification on that certification rather than calculations as we typically would do. This seems to be an appropriate path for this particular project. But, I hesitate to call it a "Certification Program"as we have not yet even worked through the permit at hand. I recommend that you all apply for the modification as discussed in the May 7, 2019 letter with whatever supporting materials you have identified to support your position that the project meets the intent of the permit as constructed. We will go through the details of that when it comes up for review,and we will circle back to figure out a final path forward. If this becomes something we think will work on a wider scale in the future,we can discuss that at a later time. Thanks, Kelly WtLLWOhIA..SOA, Kelly Johnson Environmental Engineer OIC Division of Energy, iYiineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 23405-3345 Phone: 910.796.7335 Note Change in Phone.Number 6E ^tea r+<;. x.sn,�+ or ;rr P-rrL,,'!corresHorderce to and from this addrzss may be subject to the North Caro!!na Pubic Records Laiv and may be disclosed to third parties 1 C From: Mark Brambell [mailto:mark@terra-novo.com] Sent:Wednesday,July 15, 2020 7:03 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov>; Hall, Christine<Christine.Hall @ncdenr.gov> Cc: 'David Hopkins' <dhopkins@riverbrookbuilders.com>; 'jack@stjamespoa.net' <jack@stjamespoa.net> Subject: FW: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) an attachment to y : Hi Kelly I wanted to follow up on our past conversations regarding developing his certification program that would allow the transfer of a low-density stormwater permit between two parties based on their mutual agreement and understanding of the permit rules and conditions. The premise behind this is to allow for a transfer by reducing costs associated with it like engineering calculations and to speed the process up by reducing the burden of inspections on state staff. Both David Hopkins and I have been working with the St.James homeowners Association and at this time we would like to submit a draft of the substantial compliant permittee certification for your review. Both parties agree that this is a good working model and something that we could agree to if the state was to do the same.We understand that the final approval of such a certification will involve Annette Lucas but we wanted to get your input first to see if we're on the right track. Please note that the certification would be signed by both parties and is based on our understanding of the low-density permit rules. Please also review "Definition of substantial and functional compliance of a Stormwater permit.doc" The following is a quick outline of how we see the transfer process working. 1. The permittee would submit the following a. The signed and notarized substantial compliant permittee certification. b. The State permit name change application and associated fees. c. Two hard copies and one electronic copy of a revised plan detailing the locations of existing treatment devices as well as updated impervious calculations. d. One electronic copy of the plats and covenants that cover the permit. e. One electronic copy of the existing permits. f. One electronic copy of the excel worksheet detailing the impervious calculation and a list of the properties and tax parcel numbers covered by the permit. 2. Assuming everything is in order with the items in number one the state would then process the permit name change. I'm sure you have a lot of questions and concerns and both David and I would be willing to meet virtually with you. My goal here is to take this draft certification to something we can support before submitting it to everyone for a final review. Thanks Mark Brambell,President Terra Novo Consulting, LLC. 2 to ell ROY COOPER . Governor MICHAEL S.REGAN Secretary BRIAN WRENN NORTH CAROLINA RcdVDirecWr EmbumawaWQuarby May 7, 2020 St. James Development Company, LLC Attn: Mr.John Atkinson,Manager PO Box 10879 Southport,NC 28461 Subject: PROJECT RETURN Stormwater Management Project No. SW8 030818 St.James Plantation—Paladin Club Phase 3 Brunswick County Dear Mr.Atkinson: The Wilmington Regional Office received and accepted a State Stormwater Management Minor Modification Permit Application for the subject project on August 8,2019 and requested additional information on October 29,2019. The main issue was that the approved plans show several curb outlet swales that had been removed by the proposed configuration. Examples of these swales had been located between Lots 23 and 24, 57 and 58,and 50 and 51. Curb outlet swales were not on Sheets"3-1 of 5"or "3-2 of 5". The other sheets submitted had been previously permitted,but the drainage areas reflected the previous configuration and not the proposed configuration. We had a meeting on November 21,2019 to discuss this issue. Your main concern was that revising the application materials to include calculations and other supporting data would be difficult and costly. We compromised that instead you would inspect the swales as they have been constructed and submit a certification that the constructed configuration provided equal protection as the permitted configuration. We would base the modification on that certification rather than calculations as we typically would do. A second request for additional information was sent on April l',and a third on April 20'. The plans submitted in response were not sealed,which is required by 15A NCAC 02H.1042(2)(g). The timeframe allowed for response to requests for additional information per 15A NCAC .1042(3)(a)(i)has been exceeded, and therefore the project is being returned so that you all can have additional time to obtain the items listed in the October 29ffi letter as modified by the agreements reached at the November 21'meeting. However, a modification is still required to bring this project into compliance. Please apply for the modification by July 7,2020 Please note that the permit issued on August 24,2005 remains in full force and effect. Please be aware that the construction of any changes to the originally approved and permitted plans prior to the receipt of a modified permit is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. If you have any questions concerning this matter,please contact Kelly Johnson at(910) 796-7215 or via e-mail at kelly.p.johnson@ncdenr.gov. Sincerely, .A-Brian Wrenn,Acting Director Division of Energy, Mineral and Land Resources DE.S/kpj: \\\Stormwater\Permits&Projects\2003\030819 LD\2020 05 return—project 030819 cc: Mark Bramble,Terra Novo Consulting, LLC 3201 Wickford Drive,Wilmington,NC 28409 Inspector,Brunswick County Building Inspections Brunswick County Engineering Wilmington Regional Office North Carolina Department of Environmental Quality I Division of Energy.Mineral and land Resources El Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 NOfiffI CAROIJNP, °i"" r`'"iieih'°O� 910.7%.7215 Ada IYC-O _*a Ps nl Terra Novo Consulting, LLC. Tr9 Land Development & Project Management Specialists April 14th,2020 Kelly Johnson. ;, '4V'� NCDEQ-Energy,Mineral, and Land Resources Land Quality Section 127 Cardinal Drive Extension c Wilmington,North Carolina 28405 'p RE: Minor Modification SW8 030818—St.James Pal dir '—'h b, Phase 3 Dear Kelly, On behalf of St. James Development Company, LLC., I would like to submit this additional information for the minor modification to the above-referenced permit. Please find attached the following submittial package. 1. Two hard copies (with original signatures) of stormwater permitting form 7. 2. Two hard copies of the revised existing plan sheets 3-1, 3-2 and 4. 3. One hard copies of the plats and covenants that cover the permit. Thank you for your time and consideration of this matter. If you should require any further information,please do not hesitate to call. Sincerely, Mark Brambell Project Manager 3201 Wickford Dr. Wilmington NC 28409 Tel: (910) 338-9011 lv�is 7.i rt_�-3�-•y'D?.� ^�3°{: 9iiJ—��•�-3V0:: From:Johnson, Kelly<kelly.p.iohnson@ncdenr.eov> Sent:Tuesday, May 5,2020 11:52 AM To: Mark Brambell <mark@terra-novo.com> Cc:JOHN ATKINSON <atkinsoni bellsouth.net>;Jack Noland<iack@stiam6poa.net>; Hall, Christine< kelly.p.iohnson@ncdenr.eov>; dhopkins@riverbrookbuiIders.com Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) Hi Mark, I w li go ahead and prepare the return. This modification was to move swales from their original location,and so the revised plans have to be sealed. They will replace the previously permitted plans. The certification was a compromise that we have not done before such that you all wouid certify that the constructed configuration functioned appropriately in lieu of having to incur difficulty such as calculations. Unfortunately since this is the first time we have tried this path,we do net have an example or a template for it. Thanks, Kelly From: Mark Brambell [mailto:mark@terra-novo.com] Sent:Tuesday, May 5,2020 11:40 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.eov> Cc:JOHN ATKINSON <atkinsoni@bellsouth.net>;Jack Noland<jack@stiamespoa.net>; Hall, Christine <Christine.Hall@ncdenr.eov>; dhopkins@riverbrookbuilders.com Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3(SW8 030818) ,CAUTI• Hi Kelly Concerning the sealing of plan sheets I'm afraid that's something I cant do as I'm not a PE.The submitted sheets were for informational purposes and not technical,just like many others that I have submitted and had approved in the past. The certification was not inadvertently left out of the package. Developing the language for such a document without the benefit of a template will take some time and will not be completed by 5/6/2020. As such please return the minor modification application if that's a requirement. We are still developing the substantial compliant permittee certification and will submit it to you as soon as possible for a separate review. Thanks Mark Brambell, President Terra Novo Consulting, LLC. 91 1-2%9-4489 Off: 910-338-9011 3 From:Johnson, Kelly<keIIY.p.lohnson@ncdenr.gov_> Sent: Monday, April 20,2020 3:35 PM To: Mark Brambell <mark@terra-novo.com> Cc:JOHN ATKINSON<atkinsoni@bellsouth.net>; 'Bobby Masters'<bobby.masters stjamesplantation.com>;Jack Noland <jack@stjamespoa.net>; Hall, Christine<Christine.Hall @ncdenr.gov_> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) Hi Mark, I received this response package. Two of the three sheets are not sealed? I also do not see the certification that we discussed at the December meeting? If yov reca!I I had originally asked for more detaiied design data for thhe swa'es that were built in different locations. As a compromise you all were going to assess that tie swales were funct^oning appropriately(not eroding etc.) If you found that to be true,you all were going to submit a certification that the constructed configuration would function as well as the permitted configuration in order to justify moving the swales and modifying the swale locations to the constructed locations. What is the status of the certification? Was tiat inadvertently left out of the package? Or, is that something that will take some time to put together? As you may knew,the stormwater regulations ilmit the amount of time that we are supposed to allow for resubmittal time (15A NCAC 02H .1C42(3)(a)(i)). I talked to Christine Hall who is now the Stormwater Supervisor following Georgette's retirement and she has agreed that a third request for additional information is warranted given that this could be a simple paperwork matter. But, if this isn't something that can be submitted quickly,we will have to return the application. Please resubmit by 5/6,2020,or I will have to return the application. Thanks, Kelly From:Johnson, Kelly Sent: Wednesday,April 1,2020 5:15 PM To:JOHN ATKINSON <atkinsoni bellsouth.net>; 'Bobby Masters'<bobby.masters @stoamesplantation.com>;Jack Noland <iack stjamespoa.net> Subject: FW: [External] RE:St.James State Stormwater Paladin Club Phase 3 (SW8 030818) All, What is the status of this? Do you all still intend to seek the minor modification for this? Since the email from February below, I had been asking the status of Jack Noland because he had replied to the message. But, he reminded me today that he represents the POA and not the developer/current permittee. I understand that you all had been trying to work out arrangements(seemingly financial and otherwise) among various Parties. I also understand that you all had wanted to do that in conjunction with the stakeholder group that the Central Office is running. Since the stakeholder process has been delayed by the virus and we do not know how long it will take to reconvene, I recommend that we return the application. The application was received in August, I had sent a request for information ..1 October,we met in December, and we had expected the response in January. I had been trying to keep this going since it was being done in conjunction with the stakeholder process. This would only be an administrative action. It is a minor modification, and so there was no application fee involved. You could reapply once you determine+jne appropriate path forward with no detriment to the process/decisions made to date. Please let me know if you feel differently by April 16cn Thanks, Kelly 4 NOTES` Certificate of Ow wd*,Common Areas and Cortain Easanwnts temr%ur.raneArxc 1. Areas calculated by coordinates. FRONT.30' St James Development Co., LUC ('S„O") hereby crtilks that it I. lis REAR 45' 2. No.5 rsbar set at allcomers Mires othrwin noted asmr of Me lots thorn Fd a - RESERVE II,PHASE 1 ....�, SIDE=10' U Dery hereby certifies that it Is the owner of the rir d. street to of J WYNDEMERE 3. No NODS monument located within 2000'. way shown hirean. P '� 1. The owns at this arty is St James Oewlopmnt Co..LLC anal Fist St James O SEASIDE CLUB, AaFAc Inc..PO Box 1067, Owner, by recordation of this plat, has designated certain areas of LOT 65 r 14,771 SO.FT.OR 0.34 ACRES Soutlpal,Worts Cretins 26487,telephans 910-253-3001. Th. *�hereon m Common Area. The Common Aram are not dodo" V PHASE I St. Junes Plantation moms and foam as seMce mute- Il.Mmorized use Is not F LOT 66 14,A72 SQ FT.OR 0.34 ACRES p�� use by Me general public but are to be conveysd to St. James Ron Z COMMON AREA= 11.410 SO.Fr.OR 0.26 ACRES Property Omen Association, Inc. (the 'AetoWtlon') for the use W f` TOTAL AREA= 41,Oi9 S0.FT.OR 0.94 ACRES 5. This property is zoned EPUD under Me Town of St.James Unified Developnent =In of prapsrty genre n St. Junes Plantation, subject to can WOODLAND Ordnance.Plat Its calculations:total died of subdivided tract is 0.94 ayes; ud rearvotiona set forth m the Least. recorded I B Ck 02119 at Con s PARK WEST numher of parcel.created in 2,fatal length of roads created le 0 If. and Restrictions far St James gantdtion recorded a Book 039 at Page 0 Brunswick Canty Registry.as amended 6. fib property is n Flood ions%(aetdde of 100-pa-flood zuie)as ahoem m RE - CURVE TABLE FBEkt2 huarulc.Rate Mop Community Penal Numbs 3720206700 dated June 008. ol erione Meemb ts tershpCoCorporatioia nn.gable Tv poddw w�dasynated by e N II.PHASE I �_*" CURVE RAdUS LENGTH BEARNC gSTANf£ Aesoclabon. and f k respective sumenor. and as q nanewclu w qr. 7. The streets shown on this plat ore private and ore to be conveyed to St.James wsoment to n"and maintain their respective utility I Ion.wires. vQj 1 WOODLANDS C1 7. and pon withbl the Common Arm. tor Me purpose of pieti6ng (- PARK EAST C2 DedisrPlanta loin PrapatY OstursAssociation.839a Inc. 3--en Ana subjectdsubto the Master Oadaratlm treaded in Book 8]9 at page IS],m asnnaled,and subject to Me within right f Ingress (as defined in the Ymt«Oedmmon), m for p y �TF C3 7 01' N 'W g the rlghf of ngesa and aaraes over and upon Me Common Arm far H Faeemants far CNabs recorded in Book 2722 at Page t188,Bnaa.nk County Registry. purpose,provided that such rights mud M used n a manner that m W O m little m posade with the ese of the Common Areas by the Assoc � A Minimum barking setbacks the m follows(ualees waived n writing by the and Me memlron Mreot. LU ll!C Ainimum ud Committee s re POf and permitted by applicable writs znn9 IY W requhmehts):frar4 3V;rear. 45'; olds 10' Owner reserves for itself,its successors and assigns, a norenluelve right of Q ray and torment for agrees rd owns ova and upon the Common N p i 9. Minimum ase�9 afar and maximum built upan area(bnperN«rs c thlas and the far the Installation and maintenance e} drainage fdolitles VICINITY MAP r reabtrtlan.we get frM n Me Restrictive C"'now a applicable to Mls qt,which utiltin (including Irrigation) a the Common Areas, and weh r is to be r.enrded in the famnrkk Canty RegWY easements as elm wn or described an this plat, in the Waster Declaration. or 1TS 10.In addition to cornetts specifically whown an this aU easements an all late ore n the Declaration of ReetrietWe Cavrmants oppllcalbl. to this plait to e eP Y p ewocuted by Owner and recorded a Me Brunswick County Regl.try, of ch reserved In it.Restrictive Covnont.m feloor.. (a)for dramcip and utilities 5' right of ray and-w nents may be asaigned In whole or in part. inside front and ride property Inn,W bride toot property Ines it there is m 1 abuttbr9 lot to the rear,and 10'inside ter 4raperty lines If Owe le not an St Junesm Do Woopent Co.,LLC ` abutting lot to Me rw; (h)far pathways IS noble all p sty Ines abutting a ` ! street; and(a)for drainage and maintenance within and 15 outward ham all Ickes Adilbl / and panda. By Robert F.Marten.Authorhed Agent Fist St Junes,Inc. 0 �CDTXlu/�// / Rcbwst F.Mmfre.vlcs Preaki mt -. , , / GutnflL7F OF LOTS gayTp RY PL WATER AND SYSTdS STe JAMES / I ArrlbY eertiry that eanstruefian . fret vale nor pest aystama / IRF / how beam approved fa an the subdMsl that Includes this plat. The CONTROL CORNER N:72142.06 95 THERESd/ utilities haw bear be constructed, or secured da a financial guarantee. to P I A N T A T 1 n M Bne seiok Countydandade. F VE 63 E:2272740.74 B.-MICRUFT11 Director.Bru,.wldi count utilities oat. SEC770N 9,PLAT 3G y TNF.RFsr-sVI: \ MC 3/PG 129 CERTMAlF ig ERINMor couNTY esvEiv OFrtrER Srcmaiv 9,P1-47'5n I, Rev4aw Officer of Bnmwick 11C ill PG-57 . \ / 9G sty. certify th the map r plot to which this certification Is j / statutory requirements for r W F-z / , \ �j g Rider Officer r :z fU 1 IRS ' r:D z t3��u yl -.E a3G am71FICATE GF E%EMPTON ,O C v I hereby certify that the didslon of land shown and rig described here an Is not a dlvYdon of knd subject to the Town of St, James Subdivision Ordinance. No approval of this plat is requlnd. ./ LOT 65 /� ,Q1/ \S3G. 10.341 SIFAC / ,��/ F R �rT} IRS lJDO Adrn(nbtralr Date a COuNry LMW^•t• 1M'11.I£ rMmv officer for Brmesi:k Comfy x �J r�l \ IRF Fnglneerisq,mrtHY Mat YNe map r dot meets d standards and Q ro"k-erne meet lath by Brunew"County Ordinances,oft rL"I \ '�. e4r Q rsgads to UNbeen aRYY W "and easrrinb a a lnnalal guarantee O u�.]f O L \ RF 1S\ ��rya o LOT 66 �1h� � w� i'w.-:D 1�.� . �,2Z,laf [3)�1�r �y H Czl 11 \ 14,832 SF p4 0 LA Q � a 0.34 AC WrF4W OFFICE?PvO vnTil��14L� DATE (�V� r O rsgTIs1CA.OF A.C.RAf:Y-]Aran O �U�1 IR 1.TIMOTHY G.CLNK=AIJ S.CERTIFY THAT THIS PLAT WAS DRAWN UNDER M FTy z E-i(7ySUPERVISION tit S94OWN AS �RECORDED ACTUAL SHOWNWH F EON.OM OR�1Orle IoA�� �M ARE �Gw+ W t��T".'it�0 0 /1 U OF 15 1:�EODO�Ii1:�7AtN�D.4 THAT ORIGINAL SONATI��S7ARED�R A110N AND TMS.S. ,( ri--t4i w±e LOd 4 V s�y8 'OU0 �, IRS FNT \- •J `lS ^•�� fDAY avranvr✓ A.D.. 7G R/ Qt �tr'vV/l 'yam O ✓t� TIMOTHY G CLINKSCAIES.PLS LICENSE NO.L-4953 33�p�n RE 0 • V] I O 10 S SA`41 4 9 ry I,TIMOTHY G.CLIWCSCALES,CERTIFY THAT THE SURVEY CREATES A SUBq OF LAID U -IC' Qo4 -cb' �y >� Ft ntAEDE(E1,0Pb1F-%T WITHIN THE O C tfi F vp. �ry &REA OF A�D OR MUNICIPALITY THAT WAS AN OROHANCE r O 7 SffiAIESDEVELOPALWrCO.,LLC RWUUL� P LJ DB 1407 PG 984 IRF TIMOTHY 0.CUNKSCAAES.PLs LICENSE No.L-4953 t1UU1tI IIIHu/ IRFR °'e SH ARpI��✓ !fp 1 9 ° • - fl lc ty, Register of Coeds Pate t of 1 ea t - N00'54'34"E (5.89') IRF LEGEtl4 y� cL GIFMGEA)WIVAT IRF CONTROL CORNER r� ST pt-ITE5 22.57' 5-35 N:71884.71 "pF NO. 5 IRON ROD FOUND 4y c 111M� :TIC.'�S PC:1b E:2272928.08 DIRs N0.S IRON ROD SET lBII911011a(1 1u.i SCALE: 1".30' SEAL ----- SE7BAO(UNE 0 15 30 60 90 Ito / --------- EASEMENT UNE SV-1 fhFl.alai 14231P6 IIIIll11II IIIIIIIIII I IlllllllIIII � ' OPI psimmBrendl s PR Brunswick County, MC Register of Deeds page 3 of 8 a ..,u.iii::i i'.7i1!lUii:3'14ij1:LR:6llii Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Bancroft x Neighborhood (Lots 65-66) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE.COVENANTS AND EASEMENTS is made as of IE!>._'L& , 2014, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co.). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: i All of the numbered lots shown on that plat of The Reserve, Bancroft I Neighborhood, Lots 65-66, St. James Plantation, recorded in Map Cabinet ' AIS , Page�� Brunswick County Registry (said numbered lots are hereinafter referred to individually as a"Lot"and collectively as the"Lots"and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the 'Vaster Declaration"), was executed by First St. James, Inc. ("First St. James', as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development F Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desh ability of the Lots. f 398959vl Prepared by: Schell Bray PLLC(7CK) (Without Title Search) 08 25-2014 I Ilill II flIIIl1 III IIII I fll Ill I II III gas �1 z� mm 7:a4 pR Brunswick County, NC Register of Deeds page 2 of 8 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the laud and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co. replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 398959v1 -2- n � Ilfl1 III II Illll II 111 IIII l Illll ful IV B�nJ& M. C�mops�iPROP Brunswick County, NC Register of Deeds page 3 of 8 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the sheet abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 398959v1 -3 - !)lli11l I1 it11III 1111111 I f ill II III III s 55s 0B 25 2014 ma4. ;vk� �sPROP Brunswaok County, NC Register of Deeds page 4 of 8 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee, Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 fiuther provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 398959v1 - 4 - i5�447 34.000 runswsok County, NC Reyt9 or of needs Clemmano PROP; Pa Qe 5' of 8 ! St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, flee of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-uuozl area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot i 3989590 - 5 - i i 0B-26 2014 IIIIIIIIII JillIlll !11IIIIII J3k P1113mmans:34.P0R00 Brunswick County, NC Rester of Deeds page 6 of a line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 51/G, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North.Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Othei wise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 398959v1 -6- r fill1111111111111111111111111111111 RISE. : ie34.000Brunswlak County, C Register of Clemmons PROP, Page 7 of a 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] i I i i i 1 i E 398959v1 -7 I i 08 26 2014 II I I!III!I II I Iiii 1111111 Jill 111111111 mm p'I15 m ons.34.PRO Brunswick County. C Register of Deeds page 8 of 8 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC RAert F. Masters, Auth617zed Agent BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document:ROBERT F.MASTERS. Date: 20/11 4 0 c' Signatu e o Notary (Ojficial Seal) 1yIvy*) ��Mew (l�!t 5 ,Notary Public Printed or typed name My commission expires: J ! JERILYN A.MULLIS NoTt&1V PUBLIC Brunsvi ick County North Carolina My Commission Expires January 19,2019 398959vl 8 i i 25-2014 lore- 34.1101 : M. Clemmons PROP; rLswick Comty. NC Register of Deeds page 1 of 2 preseliter Rol $ .10......... Finarice nd on !)y original 'itimem"co(11:4Y: .11-61nt 51,11t ci tr:iiol 17?i i1pc4hic(A(y copkW. Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve,Bancroft I Neighborhood (Lots 65-66) NORTH CAROLINA—BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2014, by St. James Development Co-, LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots -shown on that plat of The Reserve, Bancroft I Neighborhood, Lots 65-66, St.James Plantation, recorded in Map Cabinet SS Page 18 Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the 'Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VJII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the. Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, wbich includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 398961vl Prepared by: Schell Bray PLLC(ICK) (without Title Search) B-25-20 IIIII'II II IIII III III IIII I III II III I III 13559 F11Z0 mm ns:341PROR Brunswick County, MC Register of Deeds page 2 of 2 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: _ &6C4 - 'Robert F.Masters,Au horized Agent BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document:ROBERT F. MASTERS. Date: 20 Of c' Signat r e' of Nota (Official Seal) ...__...r If ,Notary Public Printed or 6ped name My commission expires: JEfiLVIJ A.MULLIS n1oWly PUBLIC Brunswick County North Carolina �My Commission EvIres January 1%2o19 3989610 - 2- `a, - A Salim > .k QDV H[Aj�O:DC 6 T�tB 89 f LJ 1� �L Il � MATE REGARDING COMMON AREA AND CERTAIN EASEMENTS 7 03/24/2005 06:34:29p m RCC# op 1. ' ro" w oFF�„b uy r DEVELOPMENT CO.,LLC a ST.JAMES DEVELOPMENT Ca,uc('DINER') y -b" BRUNSWICK Ow Y AT OR 1 RECORDATION OF THIS PLAT,HAS DMMA7E0 CERTAIN AREAS OF LARD SNOMN C4ElX WHIM im B AFFIXED TORY HEREON AS COMMON AREA RE COMMON AREA DOWMY IS NOT DEDICATED HEREBY ��CiIIB IAw. REOUIREL1EN15 F'OR RECORgN13- ,•` FOR PRROOPERIY OWN GENERAL EW AASSOCIAUBLIC SIFT TION,1E CONVEYED TO ST,JAMESINC. 'THE ASSOCIATION") ww 1wY PLANNED UNIT DEVELOPMENT .I •_1J FOR THE 119E AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAMES OA8TER PLAN APPROVAL GRANTED KLib& PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH w REVIEW ER IN THE MASTER DECI•ARAIKIN OF COVENANTS,CONDITIONS AND RESTRICTMS FOR ST.JAMES PLANTATION DATED NOVEMBER 26.1"0 MID RECORDED IN BOOK SM,PACE 453,BRANSWGX COUNTY REGISTRY,AS AMENDED.WHICH sr.VINES THE IADFRSGNED HEREBY ACKNOWlIDGE3 THAT THE MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OF 11oH 11 CLERK,BRUN WICK COUNTY LAND SN011N ON MIS PLAT IS OF BR THE SUBDIVISION C US011 TI4s PLAT. " «� REGULATION AND JUR1901CTION OF BRUNSWICK COUNTY Q PLANNIN'BOARD AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION, MibyAr �Y AN� ARLINRC TELEPHONE MEMBERSHIP CORPORATION,CABLE TV PROVIDER AS DESIGNATED BY THE ASSOCIATION,AND 1NEIR RESPECTIVE SUCCESSORS RESERVE DEVELOPMENT CO.,TLC AND ASSIGNS A NpREXCI.USVE EASI:AIENi TO INSTALL,MNNTNN AND SERVICE-"2-•� a1' IA; BY ITS M ANNAPTMIS MANAGEMENT CO.,LLC THEIR NESPEOTIVE U1E$WIRES.CONDVIITi AND PIPES WITHIN THE COMMON AREA FOR THE PURPOSE OF PROVIDING SERVICE WITHIN ME DEVELOPMENT(AS DEFINED1INITY MAP C c IN THE MASTER DECLARATION),TOGETHER WITH THE TIGHT )F INGRESS AND EGRESS BY. JOHN A.ATMNSON.JR..MANAGER OVER AND UP O1 1NE COMMON AREA FOR SUCH PURPOSE PRONGED TFU , ..Q,. - ALE 1� RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS Po __ 2 5T.JAl1ES VENT CO..LLC ME USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS_E ��J,%1.,� r'> OWNER RESERVES FOR ITSELF.ITS SUCCESSORS AND ASSIGNS,A 14ONEXCLUSIVE MATER/AUTHORIZ D AGENT MONT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND BRUNSWICK COUNTY.NOR TIi CAROLINA ACROSS THE COMMON AREA AND FOR THE INSTALLATION AND MAINTENANCE OF I.MARTIN R.STOUGHTON.PLS L-3727, DRAINAGE FAOlUT1ES AND UTILITIES(INCLUDING IRRIGATION)N THE COMMON AREA CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT,IN THE SUPERVISION FROM AN ACTUAL SURVEY MADE MASTER DECLARATION,OR IN THE DECLARATION OF RESTRICTNE COVENANTS UNDER MY SUPERNSON FROM INFORMATION APPLICABLE 1D TINS PLAT'W BE EAECUTED BY OWNER AND RECORDED N THE SHOWN IN DEED BOOKS AND(OR)MAPS ASSIGNED COUNTY RE N PART. ACTUALLY RIGHT OF WAY AND EASEWE NIS MAY BE REFERENCED ON THIS PLAT; THAT WOES NOT WHOLEACTUALLY SURVEYED APPEAR AS BROKEN LINES .,AND WERE PLOTTED FROM INFORMATION AS NOTED RESERVE DEVELOPMENT CO.,LLC "®AL,THE PLAT, THAT THE RATIO OF PRECISION BY ITS MA7 NNMOLS MANAGEMENT Ca,LLC C}��{��TI�,o BY LATnVDES ND W i!��G �C01PUA YCD"BYAN ulo,000WAS 8Y PREP 'VA G7= AS AMENDED. /r JOXN A.AMINSON.JR..MANAGER A G'151NA110N N/• �I iHl THE x THE RESERVE CLUB AT sr.JAMES MENr Ca LLC I rJn,�ti, \ ST. JAMES PLANTATION, LLC MC 31,PG.334 Nk 340 MANAGlER/AUMOrd7ED AGENT > N O�p•: _._r.: L-3727 \ SOS P 70,>. 25'DRAINAGE/ t ..V - PROFESSIONAL LAND YOR EASEMENT ' S \ T28,gT W EA 1g WATERCOURSE CONTROL G'' _ CONTROL 25'DRAINAGE/ MONUMENT s 1 . _ THIS SURVEY CREATES A SUBDIVISION OF LAND TT2.0> MONUMENT WATERCOURSE N 73.663,69(NAD 83) WITHIN THE AREA OF A COUNTY OR MUNICIPALITY1i ` of 169 7g N 73,684.47(NAD 83) EASEMENT �E 2.269.937.94 _� :9�'�j,.�/✓p, n.qJ: THAT HAS AN ORDINANCE THAT REGULATES PARCELS 0.44 a LR>E 2,269,SD8A9 18. '4;�ti ..;:'. OF LID. R ACRES S 85' Tavu nRAINAGE x •y,A STQ~ ,•sa r g 170 66.72 10D.00 5Y21' _Q 15 N 1 .25 UTILITY EASEMENT L01 14B AAkn�rtee�'' TIN R. TON L-3727 Y� 068 0 0.35 171 r ; ,t�� IDO n 100.00 n 76.21 2 6 THE RESERVE PROFESSIONAL LAND SURVEYOV z.59 ACRES 0.36 172 -� 6 177 Y ACRES BANCROFT I NEIGHBORHOOD 'rr 0,37 173 175 ; 0.49 /3 SECTION 9 PLAT 1C RE 1�LI)7 PMENT CO.,( 1L. �a ACRES _ -, 174 # t 176 r LIT F MC 30,PG. 405 F,U1 E DE ,� a C10 C11 2 ACRES 0.37 0 37 6 0.37 0.37 ACRES 8_1/F'F ( THIS PLAT HAS BEEN RENEWED FOR "� j?.�n� 6 17 [9 In ACRES ACRES ACRES p ACRES n° 41 ° SPA �_ EASEMENT'S ONLY AND HAS BEEN ``-''-5C� C_, O co WYNSTON 1 Al n CI 3 - APPROVED FOR EASEMENTS ONLY CIS BY THE COUNTY ENIC:INEER. 72 R7' 1 CISS,�, 25 VI N>0�;>> S 85'41'SP E .1 1 ,01 49.90 ,� "m LOT 29 / 2>•w ca 50' R/W COMMON AREA (PRIVATE STREET) CT Ci ^ � y /LOT 28/ / N 8B"41'S2 w 290.B0 C,T `5 2 15'ACCESS N K1i LOT 1 COMMON AREA 3 EASEMENT RESERVE DEVELOPM6 0., LLC - i r 1 �'1 `ibT 34 / PUD BUFFER ry$ _�L_ NOTES: ZONING OF THIS TRACT IS R-750D.THIS PLAT IS PART OF A P D. FUTURE DEVELOPMEAT';_'_� r7, N�f4l 1.31 ACRES r �_, 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS LOT 35 / W s� (GREEN SPACE) m SECTION 33 PLAT 1 6,72 ACRES; NUMBER OF LOTS CREATE] IS 10: DENSITY IS �,1C 22,PG.315 0.67 UNITS PER ACE, LINEAR FEET OF STREETS IS W&73'+/-. JFIII `J U�r:RI'hT'vuti"i+riNv� LOT 36 y `� J.ALL LOTS SHOwN HEREON ARE NOT LOCATED IN A FLOOD HAZARD AREA. L•J•' l_l L�]'IST;�.�r I LOT 37 a.THE OVMEN OF THIS TRACT IS RESERVE DEVELOPMEN-I CO., A ! LLC P.O. BOX 10879, SOUTI-PORT, NORTH CAROUNA 26461 LOT 38 LOT 1 5.( 3001, THE B�JAMES PLANTATION NAME 15 A SERVICE MARK. LOT 47 UNAUTHORIZED USE IS NOT PERMITTED. PHASE II LOT 2 &MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS SECTION 30 P PLAT ARE AS FOLLOWS(UNLESS WAIVED IN WRITING BY THE MC 22,PG.HA �\l, `�- ARCWTECTURµ CONTROL COMMITTE OF THE POA AND PERMITTED BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': CORNER SIDE 15',REAR 40. LINE TABLE LOT 48 / 7.MINIMUM DWELLING SZE AND MAXIMUM IMPERVIOUS COVERAGE CURVE TABLE L.• RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS CURVE DELTA RADNS ARC CHORD.BRG CHORD LINE DIRECTION LENGTH APPLICABLE 70 TANS PLAT TO BE RECORDED IN THE BPoXNSYACX COUNTY Cl 123'23' ffi.DO 26.79 '38'03"E 25.52 L1 N 70' 16,27 �1 ;0._ f �\ REOt55TRY. C2 1 2'2547" 65.00 218.30 79'00'ff1"E 12B.24 L2 N 2 107 89.22 g.�. _ L��"') r��Y '� &E ADgNTS TO IDR IMAGE UN7 S7'EOFlCALLY SHOWM ON MS PLAT. EASEMENTS FOR NY EASE AND UTILITIES ON ALL LOTS.AS MORE L3 2307 (t't?. I��-%1 L=�� PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS 03 80'S4'47" 30.00 4237 4514'28' 76.97 I l L' APPLICABLE TO T16S PLAT•NE RESERVED IS FOLLOWS: 5'MIDE FRONT C4 14'4425" 300.D0 77.16 761939 L4 N 183' 87.44 r'•J (_�1[� L LOT LINES,5 NSDE ALL SDE LOT LINE$5 INSIDE REM LOT ONES IF C5 318'40" 200.OD 11.44 N 76'4426 11.44 L5 N 7 31.15 TINE PI.IIN 11A6 BEEN REVIEWED I ICJ 1 L ` 17,9(jry`il'yA`djj,rP�fy THE LOT HAS AN ABUTTING LOT 70 ME REAR;17 INSIDE REAR L07'LEVIES l �I �' ��Tr" F THE LOT DOES NOT HAVE AN ABUTTING LOT TO ME REM. 06 3311'51' 175.00 101.10 S 665540'E 99.98 LB N TOTS' 53.28 FOR EA89AEN16 ONLY AND h°\�((.)'/SI�^�-. 9.EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PAR77CULMtLY C751!4 4' 25.00 45.12 S 75755"W 39.24 L7 S 76 45.40 HAS BEEN APPROVED FOR -mil WS((;�',}/ PROVIDED IN THE RESTRICTIVE COVENANTS APPICABLE TO THIS PLAT, C811'51" 330.00 10D.79 N 012026"W 100.50 L8 S 78 8' 57.32 EASEMENTS IN ERLY TINE �'�It� ARrigE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. CD11117Y ENGINEER ` G911,51, 125.00 72.43 S 'S5'40"E 71.42 L9 S 70' 921.5 -f.' 10. APPROVED WETLAND LINE SHOWN N THIS PLAT IS FROM A DELINEATION L70 S 7' 19.57 APPROVED BY THE CORPS OF CHANGE, ON DUNE 12,20D2. CID43'22' 230.00 16.24 S 1"39'22'W 16.24 L11 S 7' 19.57 _R '•/ WETLAND LINE IS SUBJECT TO CHANGE. C1109'02" 250.00 87.92 N 88 4'26'W 0777 11. LOTS 168-170 ARE OWNED BY RESERVE DEVELOPMENT CO.,LLC C12T)3'Ir 250.00 8.96 N 7518'IV W A96 OR N 7' 50.00 /Z��fJ'S LOTS 171-177 ARE OWNED BY ST, JAMES DEVELOPMENT CO., LLC C7342S. 250.00 84.32 7N;1939"E 64.74 L13 S 35' ' 33.77 12. THE 15' ACCESS EASEMENT LOCATED ADJACENT TO LOT 29, C7410'40. 65.00 37.64 N 69.52'44"W 37.12 L14 S 4618'32" 20.63 SECTION LL E FOR THE USE AND BENEFIT OF THAT LOT ONLY, C14 360433' 65.00 40.93 N 35'15'OB"W 40.25 " l'--a L15 N 73'46' 1. SCALE: 1" 100' AND SHALL BE SUBJECT TO ALL EASEMENTS AND RR DE A Cis 200.00 73.31 N 86'52'S1'W 40.25 1 DECLARANT AND THE POA RESERVED IN THE MASTER DECLARATION -.d'r16 '1,. L16 S�7 1 - FOR ST. JAMES PLANTATION AND/OR IN THE RESTRICTIVE C17 120'36° 140.00 5215 N 55'24"E 51.85 `�� D 50 300 COVENANTS APPLICABLE TO THIS PLAT. DATE REVISION INITIAL Lj r&n ' MOSS RESERVE K ionTOWN OF NEIGHBORHOOD LOCKWOOD FOLLY � ST. JaMES LOTS 168-177 3987 BUS. HWY. 17 EAST TOWNSHIP - BOLIVIA, NC 20422 BRUNSWICK COUNTY PLANTATION NORTH CAROLINA DWG NAME: VS1 01-0401 8 001 1 PLA PHONE:910-253-6622 FAX:910-253-6634 PROJECT NUMBER: RESERVE2 SM DATE:3/11/O5 SCALE: 1"=100' REVISION; CHECKED BY:MRS Intemet Site: http://www.mckimcreed.com DATE, DRAWN BY:RDT FIELD BOOK: Ds/Add os 04:'sq- 49 . �lo� k#, Brunsq,tick County--Register of Demos Robert J. Robinson Inst #257141 Book 2112Page 315 03/24/2005 06:36:2apa Rec# � RET q Ym SWAMY1 TOTAL'S REV C# P.EC# CK AMT CK# GA!*•i REF BY Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation, The Reserve Moss Hammock Neighborhood Lots 168-177 NORTH CAROLINA—BRUNSWICK COUNTY `` THIS AMENDMENT AND DECLARATION is made as of I arC r7. 2005, by St.James Development Co., LLC, a North Carolina limited liability company (St. James Development Co."), and Reserve Development Co., LLC, a North Carolina limited liability company("Reserve Development Co.") (St. James Development Co. and Reserve Development Co.are hereinafter referred to collectively as"Development Co."). WITNESSETH: WHEREAS, Development Co. owns certain property located in Brunswick County, North Carolina,and more particularly described as follows: All of the property shown on that plat of St. James Plantation, The Reserve, Moss Hammock Neigh ood, Lots 168-177, recorded in Map Cabinet j, Page , Brunswick County Registry (said plat is hereinafter referred to as the "Plat" and the property shown on the Plat is hereinafter referred to as the"Property"and the numbered lots shown on the Plat are hereinafter referred to individually as a"Lot"and collectively as the"Lots'). WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together with all amendments thereto recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise defined herein,all terms defined in the Master Declaration shall have the same meanings in this Amendment and DecIaration); WHEREAS,the Master Declaration provides that a Declarant may annex additional land into the Development, and the original Declarant has assigned that right with respect to certain land, including the Property, to St. James Development Co.pursuant to that Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry, and to 156345_1.DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Examination) Inst # 257141 Book 2112Page: 316 Reserve Development Co. pursuant to that Partial Assignment of Declarant's Rights recorded in Book 2032,Page 625,Brunswick County Registry,and; WHEREAS,the Master Declaration establishes certain covenants,conditions,restrictions and easements running with the land located in the Development, including provisions setting forth certain functions and duties of St.James Plantation Property Owners Association, Inc. (the "Association") and its Architectural Control Committee (the "ACC"), and easements and other rights reserved by Declarant; WHEREAS, Development Co. has determined to annex the Property into the Development and subject the Property to the provisions of the Master Declaration, and Development Co. also desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability thereof and of other adjacent properties. NOW,THEREFORE,Development Co.hereby declares that the Property is annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration, and to the following additional covenants, conditions, restrictions and easements, all of which shall run with the land and be binding upon every Person having any right,title or interest in such land or any part thereof,their heirs,successors and assigns,and shall inure to the benefit of each Owner thereof. I. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Reserve Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Reserve Development Co. Reserve Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Reserve Development Co. A combined Lot may be created by (i)Reserve Development Co. replatting any two or more Lots,or(ii) an Owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot(unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 156345 LDOC - 2- Inst # 257141 Book 2112Page: 317 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve(12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the Owner and for good cause shown, the ACC may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the ACC. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors,the ACC reserves the right to determine, in its sole discretion,the location of any dwelling or other structure on any Lot;provided,however, that the following shall be minimum standards unless expressly waived in writing by the ACC (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all.Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for 156345_1.DOC -3- Inst # 257141 Book 2112Page: 318 drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other casements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the Owners thereof. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the ACC, no structure of a temporary character shall be erected,placed or allowed to remain on any Lot,nor shall any building materials be stored on any Lot. No garage or other accessory building erected on any Lot shall be used as a residence,either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the ACC. Except as required by law,no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window,on the exterior of any improvement,or on any Lot, except(i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor,the design of which must be approved by the ACC. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they.are kept and'maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth station,,'or similar devices sllall be erected ur alluwed to remain un any Lot,except as permitted by the Design Guidelines adopted by the ACC,as amended. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at. the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 156345 1.DOC - 4 -t Inst # 257141 Book 2112Page: 319 (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of 96tor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes,and all terrain vehicles, shall be operated within St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes,trash or garbage shall be governed by the ACC. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, tree of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the ACC grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the ACC unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any Owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the Owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An casement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with the State Stormwater I56345_I.DOC -5- t Tnst # 257141 Book 2112Page: 320 Management Permit issued or to be by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required,approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the ACC or the Board of Directors of the Association,the ACC or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Reserve Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources, Division of Water Quality. 156345 1.DOC - 6- Inst 0 257141 Hook 21122agee 321 24. Term. The covenants, conditions and restrictions set forth herein shall run with the land and shall be binding on all Owners of the Lots and all persons claiming under them through April 18, 2021 (which is thirty years from the date the Master Declaration was recorded), after which time such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years unless terminated pursuant to a recorded instrument signed by two thirds (2/3) of the then Owners of all property in the Development in accordance with the requirements for termination of the Master Declaration as set forth in Article IX, Section 3 thereof. The easements reserved herein shall run with the land subject thereto and shall be binding on all owners of such land and all Persons claiming under them, except to the extent that the Person or Persons having rights to an easement have released such rights pursuant to an instrument recorded in the land records for Brunswick County, North Carolina. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 25. Amendment. Reserve Development Co. may unilaterally amend any of the covenants, conditions, restrictions and easements set forth herein so long as it still owns any portion of the Development or Additional Property, and so long as the amendment has no material adverse effect upon any substantive right of any Owner. No amendment required by any state or federal agency or to correct obvious typographical or drafting errors or inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions set forth herein(but not the easements) may be amended only by the affirmative vote or written consent,or any combination thereof,of members of the Association representing two thirds(2/3) of the total votes of each Type of Membership; provided that any such amendment prior to April 18, 2021 shall require the written consent of Reserve Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources, Division of Water Quality. 25. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, St. James Development Co., Reserve Development Co., the Association, and their respective successors or assigns, and each Owner of property in the Development, shall have the right to enforce, by a proceeding at law or in equity, the covenants, conditions and restrictions set forth herein,against any Person violating or attempting to violate the same, either to restrain the violation or to recover damages. failure by St. James Development Co., Reserve Development Co., the Association, or any Owner to enforce any provision hereof shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Reserve Development Co.hereunder shall inure to the benefit of its successurs and assigns if so specified by Reserve Development Co. in a recorded instrument;provided,that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure,deed in lieu of foreclosure or similar paeans,to any portion of the Develupcnent owned by Reserve Development Co. 28. Severability. Invalidation of any provision hereof by court order shall in no way affect any of the other provisions hereof,which shall remain in full force and erect. 156345_1.DOC - 7- i. . Inst # 257141 Book 2112Page: 322 IN WITNESS WHEREOF, St. James Development Co. and Reserve Development Co. have caused this instrument to be duly executed as of the day and year first above written. First St.James,Inc.joins in this instrument for the sole purpose of consenting to the annexation of the Property into the Development, as required by the Partial Assignment of Declarant's Rights to St. James Development Co. St.James Development Co.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent Reserve Development Co.,LLC By its Manager,Annapolis Management Co.,LLC By. 4:5�— > ohn A.Atkinson,Jr.,Manager First St.James,Inc. By: G A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC COUNTY I, , a Notary Public of said County and State, certify that JUIIN . ATKINSON, R. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of'the company. WITNESS my hand and official seal,this the / Q day of 20 (Notary Seal) �'q" ,•,.�"aB �NR +, Notary Publ My Commission Expires: .�•'�'� �� y� rC' Q ? !r Iloilo 156345 1.DOC -8- Inst * 251141 Book 2112Page: 323 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, a Notary Public of the County and State aforesaid, certify that JOHN A. ATKMON, JR. personally appeared before me this day and acknowledged that he is Manager of Annapolis Management Co.,LLC,a North Carolina limited liability company, which is the Manager of RESERVE DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of and as the act of each company. WITNESS my hand and official seal this the day of22/(jLl ,206L�T" [Notary Seal] .ee4{4e,4raurapq� 141 C� Notary Publ My commission expires: :� ? 'a '0 i.3c NORTH CAROLINA BRUNSWICK COUNTY I, , a Notary Public of said County and State, certify that JO A.ATKINSON,J .personally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the jjr—day of ,20 06. (Notary Seal) 'f Notary Publi My Commission Expires.: X _s " nar„ns{e SPATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 24th March 2005 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. R013EAT J.RO INSON,Register of Deeds L RzUnwick Oamtr-Regisbez of Deeds Robert J. Robinson r ITLst Bl2M19 Rook 412�1 -am omc 07/20/2004 ll:11:34=�(_C Z l ', IWIWI>aT WA■M. PROPERTY OF ST JAMES Amw -19 ?� DEVELOPMENT CO., LLC f (FUTURE DEVELOPMENT) strr of + +Y " .3q'1 E 1 M°�"mv/'r r>B%,r 2 +9+N COM.". . AREA 404 WETLANDS tOO• 39 'r�yw (POND) 7 z 0.53 AC.t 0.64 ACRES 30 ; a 854502 266• 100- 38 VICINITY MAP *,B$ 2.72 ACRES S �.W ♦o ��/ 37 j 0.37 $ (NOT TO SCALE) 0.41 i ACRES g ' �� T4 L75H► 0.39 ACRES B OUNTY RONSOCK C .NORTH CArtouNA s 76 7• ACRES ~• �H I,MARTIN R.STOUGHTON.PLS L-3727, S 68'48'89" T �7j '{ ? ••••• "ti CERTIFY THAT INS PUT WAS DRAWN UNDER MY 8s E 5 61- y q SAINVISm FROM AN ACTUAL s1RYEY MADE /10.93' 35 s 'r'� \ UNDER MY SUPERVISION FRCM INFO NATION �, / 404 s EX I ! SHOWN IN DEED BOONS AND(OR)MAPS 34 7 0.53 ra .jA S REFERENCED ON THIS PUT: THAT LINES NOT N APPEAR AS aRoXCHI uNEs 8-"9'34•Wr • 32 .z 0.47 0,46 ACRES s ��ye � y !3rl7 AND ACTUALLY PPLLOT�FR ORRMA NOV D TAME .�+�'p♦,��, ON THE PUT; THAT THE RATIO OF PRECISION AS awYE mM + 31 g 0.39 ACRES ACRES 63� 9 '�e� GIEATM MANY 1 10.0m�THAT THE AArs WAS ACRES o ACRES e��J * �P. NR 1 t]W ¢ ACRES • Paw+ED NY COORDINATE METHOD;THAT THIS PLAT WASly w f• �, �:, r._.,.. PREPARED IN ACCORDANCE wTH G.S.47-30 AS AMENDED. g ,:: ro •t WHTINESS MY ORIGINAL 9p/AAME,REGISTRATION a woT m 1s !� 7 'IN E 34& T -D MJMSEK 7N5 AY OF dig W lK 1N CIS sT w 11 � rcv N� 00'E 345.22 � R/Y1 L � FAIRHAVEN DRIVE No° L3 In + u 2M�NUl NN PRCFESSON LAND 9AWYOR, L-3727 N 85-23S00'E 21b.1Y CONTROL cisMONUMENT A !t11 CONTROL N 75.698.72(NAO 83) I! CN SO.m ]L77 S •� 1 r�:::- TINS SURVEY CREATES A 411BDIN9p1 OF LAND F i a MONUMENT E 2,274,993.41 xm 377 Ml)NN THE AREA OF A COUNNTr dRRR MIANriAUTY CI M a0. .r(y > --%) N 76,681.32(TURD 63) 37•�• L77 �/2 THAT HAS AN ORDINANCE THAT RE PARCELS 0.54'A(`-.R,ES 2,274,777.94 LI LW �7 OF LAID. m tnm •a1 N/F !� �; E it i n Ua DI G as eIl PROPERTY OF ST JAMES 0 F 1 N rf; 11 l41 1 H DEVELOPMENT CO., LLC Lu T Ls2 MARTIN OL STCUGIHTON L-3727 + m (FUTURE DEVELOPMENT) �Q 7g4 •1N ra'�' N/F LI PROFESSIONAL NAL LA SURVEYOR Ina + 3 a� $ 41 �' 'P, PROPERTY OF ST JAMES L1 117M `w `• DEVELOPMENT CO., LLC L GIN N73 Nu.x 0.45 ACRES (FUTURE DEVELOPMENT arm a a COMMON AREA N ) 404 WETLANDS iM ti K RiONLY (POND) FM AND No @ qzx Ia=Il1ApprA EOFOR 0.38 AC y H / •W w IFi SENIM lITE1WLYRYTHI CONTROL N 814g 03` COUNTY ENillll 1 MONUMENT W 1.74' 42 i N 76.252.42(NAD 27) N - �� E 2,274 268.63 ► 0.49 ACRES W .., n °a N 76,31IL58(NAD 83) U / t25,01' .P f 7 !r-; E 2,z74,s48.46 LOT 18 ', `+ S @ " POND' ' rDT #Try SECT 3 4 9b's?• 2 .> NOTES: t � CT 3 PLAT 2 43 `A� 1. THE ZONING OF THIS TRACT NS R-7500. THIS"T �' ART OF A PUD. EE 48• 0.99 ACRES 2.SITE CALCULATIONS: TOTAL ACREAGET DIVIDED HS LOT 16 (�1GAT2 ,ySECT 3 I '` \ COMMON AREA 13.50 ACRES; NUMBER OF LOTS CRE17; DENSITY r nJ' \PLAT 2 1P5 \ RIW Z PRIVATE STREET ♦ s �o IS .79 UNITS PER ACRE; LINEAR FEET OF 5 r-, yy �03' TFjEET�+IS 1370.14'+/-. ( ) �. 3.ALL LOTS SHOWN HEREON ARE NOT LOC O IN A FLOOD SV G- I,; V 50 , 44 ♦e . "P CER"VATE REDMOND COMMON AREA AND CERTAIN EASEMENTS HAZARD AREA. � '' J•�()' 15 G MENT aq-1; pR d 45 �.+ 0.50 ACRES ,' St JAMES DEVELOPMENT CO LLC.('OWNER').BY RECORDATION e<DAIS 4. THE OWNER OF THIS TRACT IS ST. . ` T 3 WG C �;r p1I�N y 46 w 0.87 ACRES �: i PUT,HAS DE90NATE0 CERTAIN AREAS OF LAND SHOWN HEREON As CO.. LLC P.O. BOX 1087% SOUTHPORT.!HOAR r-CAROL NAP 25461 I"PEA HEREBY T 2 �, N/ a 0.45 '�' ' q' FOR USE By COIRNDa ii GENERAL Pueue BtiT n IHE COMM AREA �To CONVEYED,IS NOT A�To sL J,Ma[5 910)zs3-33GI- �r Y �` A� ` LOT 11 ACRES T a PLANTATION PROPERTY OIMER'"ASSOCIATION,INC (•THE ASSOCIATION•) `� E ST, JAMES PLANTATION NANilt IS QRVICE MARK. 3 P t1, , ,1,1.n4p N .0�• AA FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS N ST.JAMS UNAUTHORIZED USE IS NOT PERMITTED. wl T= > �afG PG \PLAT 3 4 $ Ir - W 7fb7�'8 MPLANTAMASIMDEDECIM SUBECT ATION OF COVEEHA TS,CON THE COND17MS AND TH TIONDITIONS;AND RES SET ECTIONS S. PLAN ARE AUM ISDING SETBACKS FOLLONS (UNLESS ALL LOTS WAIVED N WRITING BY T ON HE ♦ FOR ST.PANES PLANTATION DATED NOVEMBER 25,IBBO AND RECORDED IN ARCHITECTURAL CONTROL COMWTTE OF THE PDA AND PERMITTED s. G SECT S" N Y 57ER 9aPACE w Is HERESY r I BRUNSWICK COMM NCORPORATED MMADE AMENDED,T WHICH ) BY APPLICABLE ZONING REQUIREMENT'S FRONT 30': SIDE 10': OT LACORNER SIDE 15,REAR 30'. LLbT 9 PLAT i _ PROP TY ST JAMES TINS PLAT. 7.MINIMUM DWELLING SIZE AND MAYAMUM IMPERVIOUS COVERAGE SECT 3 DE MEW Co., LLC OWNER HEREBY GRANTS To wAwswICK ELECTRIC MCMBER w CORPORATION RESTRICTIONS RE SET FORTH IN HE RESTRICTIVE COVENANTS j �� ' roar BELLSOUIH OR ATLANTIC IELEPIIONE MEYBERSFNP CORPORATION•CABLE N APPLICABLE �115�AT TO BE RECORDED IN THE BRUNSWICK CGUNTY PLAT 1 - ' 'J (FU D[FRGL ANENT) PROVIDER AS DE9OAIM BY ASSOCIATION.AND THOR RESPECTIVE SUCCESSORS REGISTRY. (( 3 s) 3D'WATERCOURSE ME S`- C „ C?'� AND Asslons A NGaexauslVE EASEMENT m INSTALL MAINTAIN AND sERacE 8. IN AGanON TlQ`.7VHYAS�ENT SPECIFICALLY SHOWN ON THIS PLAT. RNyO r?' THEIR RESPECTIVE lNES.WIRES,CONIDUTS AND PIPES WITHIIN THE COMMGIN AREA EASEMENTS R IUyyff�AND UTILTITES ON ALL LOTS, AS MORE EASEMENT �Lj; - FOR TIE PURPOSE OF PROWMO SERVICE WITHIN T E DEVELOPMENT(AS DEFINED PARTICULA 4 . 0 IN THE RESTRICTIVE COVENANTS 1 IN 71E MA51E1R OENYARATIOM),TOGETHER 1N1I1 THE HOGIfT Q RHORE55 AND EGRESS APPLICABLE TO,llll§POA ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT •;r. �11 OVER AND UPON THE COMMON AREA FOR SUCH Pam,PROVIDED THAT SUCH LOT INNS: 5' TjNDE LOT LINES; 5' INSIDE REAR LOT ONES IF L _r, ,•VLF RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS UTME AS P059B{E W1TN '�', THE USE OF THE C011MON AREA BY THE ASSOCU1110N AND INIE MEMBERS 71EREOi. THE LOT HAS AN TIN'L(i LOT TO THE REAR; 10'INSIDE REAR LOT ONES (i C THE LOT AN ABUTTING LOT TO THE REAR. OWNER RESERVES FOR ITSELF.ITS SUCCESSORS AND ASSIGNS•A NONEXCLUSIVE 9.EASEMENTS F YS ON ALL LOTS, AS MORE PARTICULARLY THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE C , RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND PROVIDED IN THE'',' CTIVE COVENANTS APPLICABLE TO HIS PLAT, y `�ppppppl�My/� ACROSS THE COMMON AREA AND FOR THE INSTALLATION AND MNN7ENANCE OF ARE RESERVED"I INSIDE ALL LOT LINES ABUTTING A STREET. '- LAND SHOWN ON 1H15 PLAT K WITHIN TIES SUBDIVISION Fj r 6 TE1R1a� DRAINAGE FACLI ES AND UTILITIES(NOAJDINO IRR ATION)N THE COMMON MEA, 10. EASEMENTS FOR p A1�1AGE AND MAINTENANCE, AS MORE PARTICULARY REGULA710M AND AJFJSDICTION OF 13RUNSVACX COUNTY �;-j Y/K �• CAk' RENEW OFFICER OF b s. Ids AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT,IN THE PROVIDED IN TIME',' CTIVE COVENANTS APPLICABLE TO HIS PLAT; AND THAT THIS PLAT ALL07MENT IS MY FREE ACT AND OR CK COUNTY, CERTIFY THAT THE MAP OR PLAT TO ', LUSTER DECLARATION.OR N THE DECLARATION OF RESIWCTRE COVENANTS AREDEED. RESERVED 15'OUTWARD FROM THE EnGE OF ALL LAKES AND fl�l 71I5 CERTIFICATION IS AFFIXED MEETS ALL STATUTORY RUN TO 1TV PLAT WNCN�RIG TT a WAY DF RECORDED MAY BE ADS.THIS ME� NOT APPLY TO LOT Irj ST_JAM!S_WAtlDPMENT GO.,LLC IR IREMENTS FOR RECORDING. �NSI�CK Br rc � ffnr1 sr. f r co.LLc c SCALE: 1" 100' un I[: I S 7r4 ZarY 'MANAGER/AUTHORIZED AGENT -' - ! 0 50 1 REVIEW OFFICER 1 (/ 300 BY, �'� �_. F`! 1{.14-4pIV iVLi1Jw►L:w- x••,. •. -.ate«r�;+ELtnr•:.�: �'� /AV"HORI a' nwx••.:�c n♦� ly a-Z.r::•_ •: -w 5'r_r.br i.ns:. . Q'r \ 1 L4,.7 1 ?il �eYaa.. ,..a• rat'.r. DATE REVISION A � THE RESERVE V3e�s_ivu•!• �JS` (�_�' G T �, MARSHFIELD NEIGHBORHOOD 3987 BUS. HWY. 17 EAST L k--V00D FOLLY TORN OF SECTION 3 PLAT 3 BOLIVIA. NC 28422 ;;> TOSHIP • ST, JAMES PHONE:910-253-6622 FAX:910-253-6634 WUNSIVIC!)C COUNTY H �' NORTH CAROLINA DWG NAME: VS1 01-01 250DO19 _ L A N TA TI ONIPROJECT NUMBER: 01 250-001 9 • c' ! DATE:10/9/03 SCALE: 1"=100' Internet Site: http://www.mckirncreed.corn ?� lQ• REVISION: CHECKED BY:MRS ' • lob 1 W W �►�'R� lw-_ -r �� ,J "_cJ' DRAWN BY:RDT FIELD BOOK: Brunswick County�-Register of Deeds Robert J. Robinson Inst 1#220939 Book 198r 07/20/2004 11:12:40m R� ?q�e` 6 411 TJTALS�-REV TO . 1EC# CK AMT CASH--REF BY Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 3, Plat 3 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of Jvl%1 191' , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 3, Plat 3, St.James Plantation, recorded in Map Cabinet 3 0 , Page�� , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended, the "Master Declaration7% was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 1395732 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM (Without Title Search) Inst # 220939 Book 1981Pacje: 1057 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal. activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelliniz shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395732 -2- a Inst # 220939 Book 1981Page: 1058 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety (90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association ni easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond, except that this easement does not apply to the pond located on Lot 43 (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395732 - 3 - Inst # 220939 Book 1981Page: 1059 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences, Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dill bikes, and all terrain vehicles, shall be operated within 1395732 -4- Inst # 220939 Book 1981Page: 1060 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395732 -5 - Inst # 220939 Book 1981Page: 1061 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395732 -6- Inst # 220939 Book 1981Page: 1062 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395732 -7- Inst # 220939 Book 1981Page: 1063 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By. ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY h a No Public of said Co unty ounty and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. ,I WITNESS my hand and official seal,this the day of 20 Q`1 . (Notary Seal) fsrf ii•,., cu i�J My Commission Expir Notary Publice /00. ®' _� i OEG-- � 'OFFICIAL LCaroiina llotary Public,NortCoun y of BruDonnaT V Commission STATE OF NORTH CAROLINA I COUNTY OF BRUNSWICK DONNA T VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 20th July 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ° ROE J.RO INS N,Register of Deeds Brunswick County--Register of Deeds Robert J. Robinson Inst #220938 Book 198��ge��53 07/20/2004 11:12:02an Rer-# � t( RET , TOTALaLL Tcvistl RECI__rCK AM l s V CASH_ REF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 3, Plat 3 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 3, Plat 3, St.James Plantation, recorded in Map Cabinet .3 tl Page _ALL_, Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 1395722 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220938 Book 1981Page: 1054 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ,01'ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an A thorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limitcd liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of LA 204. 0 0 "165111101 9 'Vj- (Notary Sea�}��n00 —44�� 'T Notary Public My Comte is: "OFFICIAL SEAL• ��• Notary Public,North Carolina ® ',� Countyof Brunswick Donna Valk Oomml�lon res?J10MW 1395722 -2- Inst # 220938 Book 1981Page: 1055 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: John A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK OUNTY I, - , a Notary Public of said County and State, certify that JOHN .ATKINSON, JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the_ day of 4 200X. 'OFFICIAL Sr L' (Notary seal Notary Public,NorthrolinaCounty of Brunk DonnaT Valk 0"wr ission Yea 2/1 W2009 Notary Public My Commission Expires: vv STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T VALK Notary(ies)Public is(are)Certified to be Correct. 20th This Instrument was filed for Registration on this Day of July 2004 in the Book and page shown on the First Page hereof. r ' RO F 'T J.RO INSON,Register of Deeds 139572_2 -3 - I I i _ I 111111111111 Jill Jill 11111111111111111 B3908 PM41�n$-38.m p i Brunswick County, NC Register of Deeds page I of-3 . � s g {:e(u!1(i:_.:--- __......... 0 Po!lions of document ara iflogli..:;.;.,i r:.ci;dii on of original. ronlafris seals veff—i i�-,'-!hd fi1�_i cannot Lxa reprc:,u;_.A or r*ped. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK i t Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 3,Plat 3 (Maximum Permitted Built Upon Area for Lot 30) A 4 This Amendment to Master Declaration and Declaration of Restrictive Covenants r and Easements for St.James Plantation,The Reserve, Section 3,Plat 3 ("Amendment")is made and entered into this_day of ,2017 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of . t Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 3,Plat 3 in ¢ f Book 1981, at Page 1056 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. i 4 Prepared by Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8 7 05 9 k t 1I1{I �11 Jill I Jill 111JI1111JI111111 III B 0 see 1 3� �P 4 Brunswick County, NC Register of Deeds page 2 of 8 I B. St.James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178, 1 Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE,St.James Development Co.,exercising its right to amend r the Declaration pursuant to the provision set forth above,hereby amends the Declaration as 1 0 follows: 3 1. Section 20 of the Declaration describes the maximum permitted built upon f area per Lot as 7,500 square feet. The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 30 to 14,000 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration, including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: � �' SEAL) Robert F.Masters,Authorized Agent l E I IfIII11 Jill 111111111ii111111111IIIilI B3908 P8543 °b-"-a i6 ®6 S® 000 Brenda Pt. Clemmons PROP, Brunswick County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF 175 r lkr6jV iGg I I certify that the following person personally appeared before me this day,acknowledging to me j that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated I therein:ROBERT F.MASTERS. Date: 5t5��1i Signature of Yolary Public i Notary's prilAted or typed name I My commission expires: i (Official Seal) i I i WENDY K.EWBI.4. Noury PUN* MOCnaffne My I=jm syss,snl8 � i I i Notary seal or stamp must appear within this box. Brrynwick County •Register of Deeas t I. ITot i rlson Ins G 7 nCsl 13320 B Rrc twk 28F`age 35 /VS 05/27./2003 09-.40:58M 1�LALAZ7Z �r STATE OF NORTH CAROLNA BR1110YIOf COUNTY T E ZONING OF THIS TRACT IS R-7300.THIS PLAT IS PART OF A PUD. WEAVER I,ROBERT B.MdIENRY,JR CERTIFY E SITE CALCULATIONS:TOTAL AC EAOE OF TRACT DIVIDED IS&17 ACRES THAT TINS MAP TIK A !MILER MY NUMBER OF LOTS CREATED 0 11•DENSITY 0 1.78 UNITS PER ACE.• 0.Y `CA4TLTC SUPERVAM FROM N ACTUAL UNEAR FEET OF 11mEETS IS 23SE . O y SURVEY MADE UDDt my aretNSIOk 1 ALL 9L LOTS 00 HUM ARE LOCATED IN A FLOOD HALWp ZONE'C'. C THAT THE RATIO OF PRECISION AS TIE 1O0 YEAR FLOW BOUNDARY IS BASED ON FIRM/370299-0360 DAlE4 4/91. t J CALgRATES BY LAin.000' +: MD DE- PARTURES 4.THE OWNER OF THIS TRACT IS ST.JAMES DEVELOPMENT CO.LLC.P.O. NOam,W Rp' q ! DAIME IS 10.1IDC ♦:THAT 111E BOX 108".90UT1wtRT NORTH CAROLINA 294N,(910)4S3••3001, m. AS BROKEN NOT 9RYETTD ARE M K- 5.THE ST.JAMES PLANTATION NAME IS A SEANCE MAIL UNAUTIONZED YA9CE*AY FO FORMATION LINES IN SOD FROM R- USE IS NOT PERIMM D. v FORMATION FOUND N BOONS REFER- S'MNOA1 BUILDING SETBAOCS FOR ALL LOIS SHOWN ON THIS PLAT ARE IN DOD. RDAHAT TINS MAP WAS 7-30PREPA AS AS Po1L0118(UNLESS TERMED N WFETNIO BY THE ARCHITECTURAL CONTROL N d �Y R Oe�AMENDED. ACCORDANCE■7H¢R 47-JO K COMTMgIT��TEE OF THE PDA AND PFRMiTED By APPLICABLE ZPAINg RFAIIRE- G1TMESi MY KAM AID SEAL 71RS THE FEN1%F.RORT ISE "...!'�,SIDE/0':WE QJ COMMf0; .REM SI;WEAR ON _- 147X PAY MAY A.O.R003. 7.MINIMUM OrMi&SIZE AND MAMN M PEIRMUS OUATIAQ MJMCW6 ST.AMID ti • -' AM SET FOETID N THE REST ICTME COVENANTS APPLICABLE TO THIS PLAT T4.AHTA11a id ATANTIC NTRACOASTAL WATERWAY w LAD S_• i.•' _ n IN D INON TO N THE EASEMENTS COINIIY IMIp51RY. L3 4 CY a N ADDITION TO ANY EA9F11OII5 SPECIFlCAILY 9gN1 ON 11NS PLAT,LAID SURVEYOR MGM0.L-3511_ ` EASEMENTS FOR DRAINAGE AND UTILIM ON ALL LOT$AS MOTE py W y P Tp THIS PULARTICULARLL AS FF LL.00WS,V FROH LOT '.L PROVIDED*I THE RESTRICTIVE COVENANTS APPL11BLE STY MAP-1aT TO SCALE �" in Ayy 5 INSIDE ALL SINE LOT 519 �E NFM LOT LINES IF TIE IIA9 W r r O� AN ABUTOIO LOT TO TIE V NSNDE REAR LOT U E8 IF 1 LOT %•r V m n DAIS NOT HAVE AN ABUTIN9 LOT TO THE REAR 0' 100' 200' 300' O191 9.EASEMENTS FOR PA111wAYS Of ALL LOTS.K MOM PmmcLLAIRY w PROVDED NM T RESON IN COVENANTS APPUC/�F TO TIRE PLAT Z y(1 1M MI vl`iC'. NE MSFRVED 13'INSIDE ALL LOT INES ABATING A SIM, Q 2 im EA90MMIS FOR DRAINAGE AND MANTENANCE.AS MORE PMTOLARLY F)FD J,y PROVIDED N THE R1SINCTIE COMEUNTS APPLICABLE TO 1WIS PLAT, p Q cu ru AM ANDPONDS M111N AND 15'OUTWARD FROM THE EDGE OF ALL LAZES J IT.THE 404 WERAND LINE SHOWN ON TINS PLAT 19 FROM A DELINEATION APPROVED BY INE COBS OF EHtNfi070 ON FEBRUARY 0,20M WEITAND UNES ARE SUBJECT TO CHANCE W h a Y ICU-4a. 12.TINS SECTION OF THE RE03M is PART OF TIE PALAw P a CERTIFICATE REGAINING LiNBON AREAS AND 0FATII EASSEEm1S V x p ST.AMES IEVELOIF,M CO LLC.<'ONFER7.BY RECORDATION u C. OF THIS PLAT,HAS IE TO SWIAT CERTAIN AREAS RE LAID SHOW IEREDN K COMMON IDEA TIE COMMON AREA E10'MSSLY O NOT O DEDICATED MOM FOR 115E BY THE GEORAL PUBLIC BUT IS M 4 4 VET BE ASSOCIATION,W- •A==ATM*)FOR To ST.JAMES PLAWATIZIN PROPERTY AND DkW- L SSHOtN B.YHIS PLAT JR.fE1E11F'Y THAT THE SKYEY LINE NENT RE PROW"OWNERS IN M.JAMES PLANMTMII ST.JAIES AS 9101N1 ON THIS MT OEATES A SIREIN61O1 6 LAND ` PLANTATMK SUBJECT M THE COIDITMU AND AESERRVATmB SET MTHMN THE AREA O•A OOUIM OR MUNIWAUTY THAT HAS AN Q�ANm THAT MORATS PRECIS OF LIVID. �0•V'� S 43.55.44-E EXISTING IWDMS F ST ,MMES THE HASIIER n PLEA D NOVEMBER CONTROL 79.46' D 14 CRElXff REGISTRY AS 19"AM RECORDED AIENBD VA�N�ASTEII MMA TEN IS N AB N� TERM D6W 11101 MID H AK A PART O'THIS PLAT. ROMRT B. .PLS Ee273548.77 L4 5�• ,Ag Z OWNER!SEM RANTS TO R mc NDMMW ------ COdOAT0. ELH OR ATLANTIC TimOE 41"RAIN0' 17 Ell n_ Z a V COFpMT®N.CABLE TV PROVIDES K 9EsmMATEB By THE 30' .p ASEPC`A Ol,AIN THEIR RESPECTIVE SUCCESSORS AND ASS12M O ¢ mmm I VIDEO REvECTIVE IDES,vt.�f aurrS�AIDD PIPAm PES wmm tiC 0.46 ACRES - IW ACRElH I- THE A990N AREA,FTR SUCH PLNROiE 1F PROVIDING SERVILE �i �tlN THE DEVELOPMENT CAS BEFINED IN THE%ASl`ER DECLAR- DAB ACRES g E PQ a a46 ACRES .----- ~N� AT�f00,TOGETHERWITH THE RI HT OF N EiESS OVIOT AND UIM THE COBOL-F SICN PURTOSEL PROVIMI THAT ZZ 1,W P 19 t - - WCH ER ASS$MUST BE WE WED THE USEMAI THAT BMMON AsLITT y 0.40 ACRES~ul Q° I I M18.37" � 8' p >P THE ASSOCIATION AND THE 0406 S T107EOF. Z A i 1.44' o .9 COORDINATES, OVER mmmm F ITSELF.ITS S1 RS AND ASS134L A `��-'_N HY76042.83 B3AEE• MIiR VAY ANM EAS]OR F Bit EDESS O r. IDL45' E,2273�6.94 N ADS RECESS OVER AIi ACROSS THE COMMON AMA,NO FOR THE S L43 ACRES' �^•5�- / I4TM.LAT01 AID MAIREMIbE RE DRAIMRE FACILITIES AND SUCH t^ O"J/`60' R/V'�'�+�5 27•IB. , 1~.�/ DTIEREJI7'UTILITIES CEIEIIR 'K'K D DIRMTM�IOED OITIBSPLATTHE CIBINOM AREA,N,➢1 THE Q / I 62'41'07 MASTER BECLARATIIN,01 IN TE OEcLAuTm O'REMpCT1VE OONIROL �1` �rL��i a 1� 3i1.79- I 80' +` COVENAKM APPILMAILE TO THIS PLAT O AND REWNBEB NktiNSvVM COUNTY RE MNM WHM AXHT Z y 0.4E ACRES W. IF WAY NO EASEMENTS MY ME AMD"IN WHILE S4 PPXT. J E4:272983.64 25 _ ST.•MISS CIL LLC N oAa AaEs S 569 35 ACRES IAf IRE I ORrgD AWNT O � 0.32 ACRES. 27 i �� � ♦ / � � 0.40 ACRES O S��i-'N('�l/ �' ,Wvt; •: _ 'C 2 Cli QQ' 1j� 404 VETLNNDS A8 01 53Oy7'1� n•P'� J ggZSC Q LINE _�`�• i L•Lt�h. ,Di -1,1��U!Il'(!`W~•', THE UNORSIOED HEE9Y AOOWLEBGESS THAT TE ��r N COORDINA SS' t I{I +(:G ,r r '., LAID MOWN ON THO PLATIS VITHN THE SUBDIVISION y O 3 r. N766 u'il rW.r }-.•:;:.:...I RECAM.ATION AND.ANON OF slawrdIOC COUNTY V !? EAi� 7 �iL f f• _9 MA), 03 �L MT THIS PLAT ALLDIIEM IS MY FREE ACT AND 0 X1V1F p41+ ST.JAMS BE NT CD.,LLC 04 MATCH LINE By.S ar37'U'V Al1I1MMO2ED AOEIT boao' � q LINE TABLE AROUND POND O LD•E I BEARIMOS O 8199 (� I m 9 03• L, 41M C./k°Gr// MVEw aFTlme aF �rG�r,,� � V X.- IMIUMSIMCK COUNTY. THE OR c ". ,mr WHIM TdS TMI IS�MELTS ALL STAUTIITORY F? �• w REQUIREMENTS FOR RECORDING.a, L21 1i) i MOIE: REVIEW OFFICER W O 4 r1 ALL ODLRV7i NNATM AND BEAR MS NE BASED ON YHE NOBS CURVE DATA ON R/V ti OBD SYSTEM WITH MONUMENTS 11OAD'AND SME N'HAMM CURVE IRADIUS I ARC LENGTH I CHORD LIEN CHORD BEARING DELTA ANGLE TANGENT THIS PLAN HAS SEEN REVLEYYED THE FOILOwID OOORLNAIES,REVINYIIVE.Y:00 2270444.14 C3 1030.RE' 199.49, 199A9' S 35'S0'0:r E 11.07m. MOILS FOR EASBN WM ONLY AND (1)79B45.C14B k(7Q 227E34AOI9 M 77B31.MBY 7HIT lr' 30000' 17L27' 168.95' S 66'38'35'E 32.42'36' 8BA4' k1 NFOR'ATa:US FURNISHED BY IIDLSFf.IER SIKi1k IRO AED O3 3(D.OU' 291.56' 280.22' S�'09.23'E �'41'DO' 158.45' EIAB EEEN APPROVED FOR F v AND ENONNEEANa P.A..ON.IDLY 23M.IND. (MAD$7) COUN IEMTB ONLY BY THE COUNTY ENGINEER vJ IN a Brwnwick Cotmty—moister cif Deeft Robert J. Robinson 1116- #158841 Book 1752Paae 863 y �J, Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 4, Plat 1 (Marshfield Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 2 Z 2003, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 4, Plat 1, St.James Plantation, recorded in Map Cabinet 2 B Page 3 Sr , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 126263_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(3AK . A NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1262631 -2- Trot 154841 Book 1752Puge: 8.E5 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety (90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole' and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. g. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or alto vied to remain on any Lot, nor shall any building materials be stored on any Lot. 1262631 -3 - Test 9 15RS41 Book 1.752PaQe: 855 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or openeu acruni uL through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1262631 - 4- St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3) months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to Stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon a;ea er Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 126263_1 - 5- i s i .ti:'.�•t: W �.JFi it-fig 3^Sit�)�: r. �' line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 126263 1 - 6 imt i 15EB11 Book 1752Pa9e: 869 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (213) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1262631 - 7- a IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By. ;X�A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. p nally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the c2D day of na. (Notary Seal) .•`'"���bg"�••,,y _ .4z"4 �•y r� D 'Z Notary Public IJ C o Z: My Commission Expires:La Qj flAID� 2 ••Hllllf!! 1262631 -8 Inst # 15- 8841 '900k 175 ge: 871 Branch Banking and Trust Company, as holder of a promissory note secured by a deed of trust on the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust being recorded in Book 1117, Page 544, Brunswick County Registry, and the undersigned Substitute Trustee under said deed of trust, join- in the execution_ hereof for the purpose of subordinating and subjecting said deed of trust and any amendments or modifications thereto to this Declaration. BRANCH BANKING AND TRUST COMPANY By: 42 ice Pres' Substi ute Trustee NORTH CAROLINA-BRUNSWICK COUNTY a Notary Public of said County and State, certify that personally came before me this day and acknowledged Yat b q4cM an Vice President of BRANCH BANKING AND TRUST COMPANY, a corporation, and that he/she as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this_,4p_day of ,20g�L. (Notary Seal) �,a•`��,�►C��e , �'r f �a % Notary Public My Commission Expires: - C o NORTH CAROLINA-BRUNSWICK s�'••, its I a Notary Public of said County and State, certify that Substitute Trustee, personally appeared before me this day and acknowledged the execute of the foregoing instrument. WITNESS my hand and official seal,this_&D day of ,200 (Notary Seal) CIS ,,,.•,`SNS Notary Public My Commission Expires: _ A. p 7- STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Fore-ein;(en-annexed)Certificate(s)of DAWN BOLING Brunswick C'ourity--Regrist:e= of Leeds . Rc be2 L 17. Robinson :i::_.L !K)uK i'i52'rage a5y 05/22/2003 09:42:17an Rec# (4t- 22-3 6. Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 4, Plat 1 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of ZZ 2003, by St. James Development Co., LLC, a North Carolina limited liabi ' company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 4, Plat 1, St. James Plantation, recorded in Map Cabinet 2-0 Page 35r" Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 1262621 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) 1nC` # 158840 Book 1752?age: 860 WHEREAS, Article VI1I, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR.Wrsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,thi�_day of ,20,0,3 . ••,.• pAWi�R (Notary Seal) �••a� NOr ;C g �► Notary Public My Commission Expires: cOUNT� "��„ru,nfptN� 1262621 -2- n . Y To evidence its consent to the annexation effected hereby, First St. Jaynes has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: C� ohn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY 1, 14 a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR.pers641y came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation,and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the cgg—day of ,20 O 3. ,CNN{t11tUb///!I f (Notary Seal) ;,�`"bi I` �+ Not&q Public ZZ My Commission Expires: `. �M Ty 1262621 - 3 - Inst it 158840 Book 1752Page: 862 Branch Banking and Trust Company, as holder of a promissory note secured by a deed of trust on the property described in this Amendment to Master Declaration,said deed of trust being recorded in Book 1117, Page 544, Brunswick County Registry, and the undersigned substitute trustee under said deed of trust,join in the execution hereof for the purpose of subordinating and subjecting said deed of trust and any amendments or modifications thereto to this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY By: Vice President 401--L- - Substitute Trust NORTH C OLINA-BRUNSWICK COUNTY a Notary Public of said County and State, certify that r�,�y�44 personally came before me this day and acknow edged Wit he/slWs an Vice President of BRANCH BANKING AND TRUST COMPANY, a corporation, and that he/she as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. 0 000 WITNESS my han- this day of 20CA. _ qnd (Notary Seal) \ ' q a ` ��ay� � —— Notary Public My Commission Expires: NORTH CAROLINA-BRUNSWICK COUNTY a Notary Public of said County and State, certify that Substitute Trustee, personally appeared before me this day and acknowledged the ex tion of the foregoing instrument. WITNESS my hand and official seal,this gW day of 20 p,3. (Notary Seal) pAW1Ve®,+ Notary Public My Commission Expires: `8 z' + _ � k1c 126262 1 -a ... STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING Tho=nr —na!nr nnnarari%('prtitir A tP.(c►of ....._ STATE OF NORTH CAROLINA sIAY,Ly .eenurn BRUNS ICK COUNTY Certificate Regarding Common Arens and Certain Easements L ROBERT B.MWENRY,JR.CERTIFY THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE St. Janes Development Co.,LLC('Owner'), by recordation THAT THIS MAP WAS DRAWN UNDER MY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION of this plat,has designated certain areas of Land shorn hereon ''T•'"6 �O } SUPERVISION FROM AN ACTUAL FIELD REGULATION AND JURISDICTION OF BRUNSWICK COUNTY as Common Area The Common Area expressly Is not PLANTATION ?--qq B V y n e dedicated hereby For use by the general public but Is to be JFAbiEA B by rn J r SURVEY MADE UNDER MY PRECISION AS AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND '� 7 rn THAT 7LH RATIO OF PREgS1ON AS DEEA conveyed to St.James Plantation Property Owners' DAM 3 w CALCULATED BY LATITUDE AND DE- - Association, Inc. (the 'AssodatlaCREEK') for the use and CREEK •i Y Od ?O PARIURES IS 10,000' +: THAT THE ST. PMENT CO,LLC In d P enjoyment of property owners St, Janes Plantation, subject a rid AS BO UNDARIES LINES PLOTTED FROM BY, /.L^ - to the conditions and reservations set forth In the Master BYG rep IOM FOUND G BOOKS REFER- NANA R/AUTFiQtIZED AGENT Declaration of Covenants,Conditions and Restrictions; for St. I ep RDID FCRLIAT FNfER MN UN YAP WAS PREPARED James Plantation doted November 26.1990 and recorded In Book 839,Page 453,Brunswick County Registry, TIA IN ACCORDANCE WITH G.S.47-30 AS y,a3 A ,, INTRA WI Y NAND AND SEAL THIS THE amended, which Master Declaration tion Is hereby Incorporated �AS7AL 0AW"WAY I`and made o 137H DAYOCTOBER A.D. 2003. 1 (�Q W Owner hereby grants to Brunswick Electric Membership 4 R Corporation, BellSouth or Atlantic Telephone p VICINITY MAP - NOT TO SCALE Z F_ o �J P phone Membership y ' •y,1. Corporation, cable TV provider as designated by the W LAND SURVEYOR REC.NO,L-3521 I,ROBERT B.MCHENRY,JR CERTIFY THAT THE SURVEY Association,and their respective successors and assigns,a S b AS SNOWN ON THIS PLAT CREATES A SUBDIN9ON OF LAND nonexclusive easement to Install,maintain and service their ll.� -I,me v Om WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT respective lines,wires,conduits and pipes within the ,H lo co-01 HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. Common Area, for the purpose of providing service within 0' J00• ��, 3�0, N Obi N the Development(as defined In the Master Declaration% q W I I together with the right of Ingress and egress over and upon Z y V Ib OO �. f �✓ � �/i:�._„y.:i the Common Area for such purpose, provided that such rights J Z N P, ROBERT B.McHENRY,JR..PLS "tr,3521: - must be used in a manner that Interferes as little as possible N N • with the use of the Common Area by the Association and the Z o O N members thereof. Nmtea' al Ob q Owner reserves for Itself,Its successors and assigns, a 1.The zoning of this tract Is R-7500. This plat Is part of a 2 y M.�.,J k 2 nonexclusive right of way and easement for Ingress, egress PUD. y x and regress over and across the Common Area, and the for W ¢ 4 the Installation and maintenance of drainage facilities and 2.Site calcu(atlons total acreage of tract divided Is 4.95 = X❑ utilities Mcludlng Irrigation)In the Common Area,and such acresl number of lots veated Is 91 density Is o•SSunits U ❑ I, RENEW OFFICER OF other easements as shown or described on this plat, In the per acreO linear feet of streets Is 1059• LL BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO Master Declaration,or In the Declaration of Restrictive 2 NHKTN THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY Covenants applicable to this plot to be executed by Owner 3.All lots shown hereon are not located In a Flood ❑ A REQUIREMENTS FOR RECORDING. and recorded In the Brunswick County Registry,which right Hazard Area . EThe IGO year flood boundary Is 4 f/K of way and easements may be assigned In whole or In part. based on FIRM N 3702" panel 0360 dated 4191.St. James Development Co., LLC Li REVIEW OFFlCFR 4. The owner of this tract Is St, Janes Development Co., Z _ LLC, P.C. Box 10879, Southport, North Carolina 28461, --- N By ___ __________________ (9I0) 253-3001, z Mpngglr,'Authorizetl AgeT- �, .. 5. The St, James Plantntkbn none La a service mark. 1t NZ Gc' 1!-G Unauthorized use Is not permitted. Z qp 1 L� wo 6.Minimum kwlldhg setbacks for all lots shorn on this plat 3 7U S EVE �6� \ are as foUors(umess solved h writing by the Architectural O % Control Committee of the P13A and permitted by applicable C aF SS FUS iCORNE C\ Peeningnn 30 eg1A enentsk front 30.1 side 101 sick on corner 151) y� 69L VED COOR01 ATES. MATCH LINEMMON AREA ❑ ,,gyp J N 68.54'12' Z 99 REST / N,739 99 60.02' 7.Minimum dwelling size and maximum Impervious E227 594AI \ ��� \ coverage restrktlons are set forth In the Restrictive Covenants applicable to this plat to be recorded In the Brunswick County \\ Re N B. In addition to any easements spadfkaty shown on this Z ORNER CONTR plat,easements far drolnage and utilities on all lots,as more COORDI ATES: VIPZE Pe, N 12g? 70 ym / \ particularly provided In the Restrictive Covenants applicable _O N,738 8. A1 Rn In \ to this plat,are reserved as follows,5' Inside front lot Unes1 5' 404 WETLAND UNE� EQ27 288.75 E Ol• r O Inside all.side lot llnesl 5' Inside rear Lot lines If the lot has an \ 13'22' 100' _ 7D r,, 1 / \ abutting lot to the rears 10'Inside rear lot limes If the lot does Q T�0 W 0.4E ACRFS tO ^ / \ 'Oq. Tat have an abutting lot to the new. 9, Easements for pathways on all lots, as more particularly Z 1 0.36 A r provided h the Restrictive Covenants a kable to this plat, Ab 1 Ta � y Tb / 'PF` �, Pti ut are reserved 35' Inside all lot lines abut N \p3 2 $ >. a A / \ R tins m street d10.4U A3CRES o i �� � / 2 // \\ Lfd�T 10.Easements for drainage and maintenance,as more / particularly provided h the Restrictive Covenants applicable +g M / \ S to this plat,are reserved within and 15' outward from the edge p'$ laic ,DO.g2' 10.30' / �ir dE. ponds, This easement does rot apply to the 0.47 ACRES L�y Ps N 03'12 6' /� \ 1. of all lakes and 'p 4 U RCLE ` / 3 / \\ '!` f small pond on lots 80 and 81, A 85.>2• NATLHZI1��/ JSpCrr \ tij. Il. The 404 wetland Une shown on this Is plot from a > >. ion , cjF' P 75.76• 8.21'SH� / Q"r OI, \ dellneatlon approved by the Corps of Engineers on -A 0.41 ACRES a: .► 1 S.33'1572 �6g,p / r 9 /\ '�`� February 6 2002, Wetland lines are subJect to J Z \ / r / \ tin C4 change. ❑4❑ 4 }�rr \ Ulm O r N \ I2. This section of the reserve Is part of the Paladin Pud. OZ Y ()!110 .R) pb Pam, P N u1 C,b a h U 27 E?W 7 836 y. I' �yph Z a 0.41 ACRES 4 a z MATCH LINE 63s' VPZF ¢1 N a m 26 ti ow W-i . ' ' ru 60.13, o035 ACRES \\ \\ // S / \\ ❑-1 j LLd via. 5994' P a.N 25 N £ L4 MATCH LINE \� \\ // 6 - H j Z rib oil D.33 ACRES 9g�pti `60.00'3802' E s COORDINATES: 24 d OORDINATES:a a: N-73548A2 N• 0,32 ACRES \ a� �\ / 7 \ . BRJ�>rSIh�CK COUNTY 8a-� E2271177.18 > rl N•7355A05 \ 9 r•: •\ E2271599.80 / ppr�����''.I I1,�� BOARD " Iy w a S g`5 \ CF �\ I (W TNING BOARD �` A34•W \ \ I DATE:�/7 rel- Zuv3__i W ^Wm o~(WW. S 6B 3 \ \ 1�+ i 9 W COORDINATES: PROPERTY OF ST JAMES DEVELOPMENT CO., LLC \ \\ 54 0. N173404.95 RESERVED FOR FUTURE DEVELOPMENT \ '�1 a E,2271278.36 \\ n \ ^*I O CURVE RADIUS ARC LENGTH CHORD LEN CHORD BEARING r' o 200,00, 103.99' 102.B3' N 62.55'31' E W [�'., rl w Z. TM PLAN HAS BEEN REVIEWED C2 200.00' 173.71' 17011' N 73'11'52' E � G E`' rot o Y ` LINE BEARING DISTANCE N NAB em APAPPROVED FOR Li N 77'49117' E 61.91' C3 40,00' 6883' 60S7' S 36'3B'22' E (r w v C5 525.00' 25714' 254.58' S 05.39'S5' E� EASEJ ONLY By THE L2 N 48'Ol'46'E 106.11' � s cOUTA�SNOW" L3 S 81'3WOE' E 161.48' C6 4DA0' 62.83' S6.57' N 15'21'S8' E L4 S 87'00'23' V 71.31' � kl s CJ � 13runsW1Ck ['per Robert J. Robins moister of T Inst; #182972 Book 1847pa e 1.0/23/2003 10:51:50 9 113 Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve,Section 9,Plat 1A (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of , 2003, by St. James Development Co., LLC, a North Carolina limited liability company C-Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1A, St.James Plantation, recorded in Map Cabinet Page 3 S Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the "Master Declaration"), was executed by First St. James, Inc. ('First St. Janice), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 132344_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) 7nst # 182972 Book 1847Page: 1.14 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co.expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots,or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considcred a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12)months. 132344_1 -2- Inst # 182972 Book 1847Page: 115 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but m no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion,extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, Privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot;provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear,and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear,(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from such other uses as may be pen the propertittedbyy Lines of the abutting streets,for pedestrians,bicycles and ii the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction,and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 132344_1 -3- r Inst 4 182972 Book 1.847Page: No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes,satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 132344_1 . 4- Inst # 182972 Book 1847Page: 117 St. James Plantation, except those vehicles used in the course of permitted construction d development within St.James Plantation,or used for golf course or related purposes. an 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures, No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 1& Removal of Trees. No living tree four(4) inches or over in caliper at four(4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built upon area uer Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1323441 . 5_ ti Inst 0 182972 Book 1847Page: 118 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co.hereby reserves,for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise,Development Co.may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing, provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten(10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1323441 -6- Inst # 182972 Book 1847Page: 119 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the writ*wn consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as Provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce,by a proceeding at Iaw or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 132344_1 -7- Inst 9 182972 Book 1847Page: 120 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES D OPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. sonally appeared bcfore me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the�day of ,20 (Notary Seal) ry 4 N ep-. rr� N 0 Notary Public My Commission Expires: .r r STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of_ Notary(ies)Public is(are)Certified to be Correct. 23rd October 2003 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ROIIE'kT J.RdbrIKSTON,Register of Deeds 1323441 - 8- arimswiek County--Register of Deeds Robert J. Robinson Inst #182971 Book 1847pa�gJe� 10 10/23/2003 10:51:10an Rec# Amendment to Master Declaration of Covenants,Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat lA (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as ofOZ:L %.,z3 , 2003, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve,Section 9,Plat IA, St.James Plantation, recorded in Map Cabinet �j Page 3 , Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, •which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 132343_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 182971 Book 1847Page: 111 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES D OPMENT CO., LLC /Z Y� John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSON,JR. onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of 20_. �1011111111, ,Q 1 (Notary Seal) +,` �64L/Iy,��,�/' ` log; -1NRr i Notary Public My Commission Expires: =;9 1323431 - 2- 'Inst 0 182971 Book 1847Page: 112 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JA -S,1NC. By: olm A.A son,Jr.,Vice President NORTH CAROLINA BRUNS K COUNTY I, a Notary Public of said County and State, certify that JO A_ATKINSON.JR. rsonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and officigrgRA this the day of 20p3 �tttta/� rlI (Notary Seal) =4� �pS AR y G tart'No Public 9• ., ;.:, �.� My Commission Expires: v rrnn n.,,,•,.t STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 23rd Day of October in the Book and page shown on the First Page hereof. 2003 4ER �ofDee�ds � ��J.RO INSON,Register 132343_1 _3 CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST JAMES DEVELOPMENT CO LLC. ('OWNER-),BY Ricoi T10N OF THIS r PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS �` COMMON AREA THE COMMON ARE E%QA p IS IS NOT DEDICATED HEREBY K o°�m FOR USE BY THE GENERAL PUBUC�1. IS'�!BE CONVEYED TO ST. JAMES ���Kw Brunswick Cuun PLANTATION PROPERTY OWNERS'ASSAOkTI0h7�INC. ("THE ASSOCIATION") sq, LY--Re9lstec of Deeds FOR THE USE AND ENJOYMENT OF R IN T. JAMES Hobert J. Rltbinson PI.ANTATN%4,SUBJET:7 70 THE CONDI Ap�RVATONS SET fIpRTH I1Lst N4011 Book 30pyige 17 IN THE MASTER DECLARATION OF 00 1TIONS AND RESTTRCC7' 04/13/2004 02:52:0 I t .(L�( FOR ST. JAMES PLANTATION DATED N 1990 AND RE D. M Rec1 BOOK 839.PAGE 453,BRUNSWICK COl1MI1S REC 1 RY, AS AMEND. ,��'IO ICHq,! sr.wcs J a� MASTER DECLARATION IS HEREBY INCORP ATEFI ANO MADE A PART THIS PLAT. 1, OWNER HEREBY GRANTS TO BRUNSWICK MEMBERSHIP CORP�tA� 'd BELLSOUTH OR ATLANTIC TELEPHONE P CORPORATION, CABLE TV +,' PROVIDER AS DESIGNATED BY ASSOCIATI D THEIR RESPECTIVE SKQESSEIRS AND ASSIGNS A NONE%CLUSIVE EASEMpp��T STALL,MAINTAIN AND'SER1nG�? _ Jet `{ THEIR RESPECTIVE LINES,WIRES CONQ(iTTS PIPES WITHIN THE C01 „?{)EA VICINITY` S FOR THE PURPOSE OF PROVIDING CE THE DEVELOPMENT(A�r9EFIHEB ) IN THE MASTER DECLARATION), 1�ER E RIGHT OF WORESS;At!1Dl EGRESS (N07 TO x T �, OVER AND UPON THE COMMON AREA FOR SUd4 PURPOSE, PRONDED,1HAiSUCH (` !;+, f^�'• RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE Ag'PO,S &E WITH '+ (( f! 1 THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS-3}fEREOF. BRUNSWICK COUNTY, NORTH CAROLINA LOT 3 C'.5 •+',�'' F-�; RIGHT OF S FOR ITSELF, I TS SUCCESSORS ASSIGNS,AND AND EASEMENT FOR N I, MARTIN R. STOUGHl1k1, PLS ��3727,EGRESS AND OVER AND 1 C1 ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AN MAINTENANCE OF CERTIFY THAT THIS PLAT WAS ORMMH UNDER MY DRAINAGE FACILITIES AND UTLLITIES(INCLUDING IRRIGATION)IN THE COMMON AREA, SUPERVISION FROM AN ACTUAL SURVEY MADE AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT, IN THE UNDER MY SUPERVISION FROM INFORMATION �) LOT 4 MASTER DECLARATION, OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND(OR) MAPS r--, APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT; THAT LINES NOT �f r 1 BRUNSWICK COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES '!. ASSIGNED IN WHOLE OR IN PART. AND WERE PLOTTED FROM INFORMATION AS NOTED r ; /ST. JAMES ON THE PLAT; THAT THE RATIO OF PRECISION AS DEVELOPMENT CO., LLC L07 5 ST. JAMES DEVELOPMENT CO.LLC CALCULATED BY LATITUDES AND DEPARTURES WAS I�? (FUTURE DEVELOPMENT A IS BANCROFT I GREATER UTTED BY COAN ORDINATE METHOD WHAT THIS PLAT WAS NEIGHBORHOOD BY: PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. ^`}� WITNESS MY ORIGINAL SIGNATURE,REGISTRATION C7/ SECTION 9 PLAT t o MANAGER/AUTHORIZED AGENT NUMSE AND SEAL THIS THE 7 DAY OF-A'!.' ST. JAMES Cl C13 14 8T J'S"E 17, MC 29, PG.39 •-_fa A.D., 4.•I , DEVELOPMENT CO., LLC C1 D4 CIS C16 b'hVV�rt! ' (FUTURE DEVELOPMENT) COMMON AREA PROFESSIONAL LAN SURVEY L-3727 1 '• I � '] '1 ! 1: SELWYN CIRCLE "s L372> TW R/W VARIES 1 '' .s LINE TABLE �'�,9s+ THIS SURVEY CREATES A SUBDIVISION OF LAN 0?39 � N (PRIVATE STREET) 23 LOT 24 r'UNE V DIRECTION LENGTH 9 "'r 0.34 _ J q, VIR74N ME AREA OF A COUNTY OR MUNICIPAUTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS ? ACRES v .ACRES • "1 q '-- N 77'4'17' 59.94 OF LAND. • 17 3 �. W 22 - s J� 'W 95.82 -•---���j n � 0.33 1� 4 1 0.37 25.2D MARTIN R. STOUGHTON L-3727 LID ACRES '"' ACRES L4!" S 24 '7'r W 23.86 PROFESSIONAL LAND VEYOR 0.31 21 '17"E 21.66 /LOT 25 PUD BUFFER B ACRES 19 T 0.39 \ , , CONTROL `i-L 9.62 CONSTRUCTION PLANS FOR THIS PROPERTY HAVE (GREEN SPACE) M 6 �12j. ` g 20 m ACRES D N 73.439.53(WAD 63) d 0.34 0.42 �qTa' ,y N 4 9'tY 89.96 ENGINEER IN ACCORDANCEWITH ARTICLE 'Al OF E y ACRES !n $ \ E 2,271,278.19 -; .n 6.08 THE BRUNSWICK COUNTY SUBDIVISION ORDINANCE. LOT 24/ �� » �*'1e o' ACRES a LOT 23/ / ry Hn ,1 tiM1 -� - ---- Jg �' ♦1' ST. JAMES ;✓) COUNTY ENGINEER k / LOT 22 COMMON O WON AREA s 76T9•?' 11754 e� 1d�4 DEVELOPMENT CO., LLC RES N 7gyy?2 . S MONUMENT (FUTURE DEVELOPMENT) NOTES: LOT 21 W 1 y. I. THE ZONING OF THIS TRACT IS R-75DO. THIS PLAT IS PART OF A PUD. /LOT 211 / N 73,29.137(NAD 83) 2. SITE CALCULATIONS, TOTAL ACREAGE OF TRACT DIVIDED IS / / E 2.271.109.57 4.58 ACRES; NUMBER OF LOTS CREATED IS 8; DENSITY IS ,57 UNITS PER ACRE: UNEAR FEET OF STREETS IS 974.95'+/-. PHASE TQ LOT 19 / CURVE TABLE HAZARD AREA. 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD �\^ SECTION 33, PLAT 1 LOT 18 / UR DELTA ANGLE RADIUS ARC CHORD BEARING CHORD 4.THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT MC 22,PG. 315 / / LOT 17 / 1Q05 S 75.31'19'W 16.05 CO., LLC P,O. BOX 10879, SOUTHPORT, NORTH CAROLINA 28461 / C7 ♦ 20D.OD (910) 253-3DO1. LOT 16 ` C2 • ,4' 200.00 82.42 S 61 61.84 5. THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. •^:� ) i C3 14'1' 150.00 3G77 N 57TT0' 4'E 35.66 UNAUTHORIZED USE IS NOT PERMITTED. C4 141'11' 150.00 62.01 N 7'1 '4 'E 61.57 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS 1 un 11O0 1` C5 3'33' 150.00 68.22 1' 3" 67.64 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE IRE"AL UII1tIi 1 C6 1' 15D.OD 4.50 S 6458'1"E 450 ARCHITECTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED I 1 / C7 7' 65.00 N.22 44 T E 43.37 BY APPLICABLE ZONING REQUIREMENTS)! FRONT 30': SIDE 10': ry1• 1'lNiRAMIWB[BM CB 1 '13' tOD.OD 21.18 N 1'1 '15' W 21.14 CORNER SIDE I5', REAR 30', BRUNSWICK �rtV 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE BItUNSWICK coum I � OILTir 09 tOD•OD 41.05 N 4 "W 41.55 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS [BEY►r117WI111M►VW: DMWINW ,:_'i CIO 16'1438' 177.50 50.32 N 69'22'37" W 50.15 APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY EAfB�NR011L1!w71 C71 TH'20' 222.50 46.69 N 74' '58' W 46.60 B. WDIA[1DITION TO-ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, 7 N11r Z� GOIINIY EIIOINEEJI `.rY Cl2 1'18' 150.00 SS.79 '17' 7' 55.47 EASEMENTS DRAINAGE AND UTILTITES ON ALL LOTS, AS MORE p C13 13.454" ISO.OQ 36.03 } E 35.94 46� PAR TCULA PRO" IN THE RESTRICTIVE COVENANTS Y c;.' C14 'p5' 65.00 25.70 S 87'M'53"W 25.53 APPLICABLE T y�� T„yIRE RESERVED AS FOLLOWS: 5'INSIDE FRONT ,i rF C15 14Zp' 300.00 75.12 5 88'f3'S8" E 74.92 LOT LINES; 5'1 DE L 3{[)E LOT LINES; 5' INSIDE REAR LOT LINES IF r00-� C16 ROD 35.46 N 1.1 ' 35.44 THE LOT HAS Ulm T TO THE REAR; 10'INSIDE REAR LOT LINES lUL-' IF THE LOT DOES N1yOT€€��A' ��AN ABUTTING LOT TO THE REAR. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE `�'- 9. EASEMENTS FOXYAM a;'S ON ALL LOTS, AS MORE PARTICULARLY LAND SHOWN ON THIS PUT IS WITHIN THE SUBDIVISION If✓1� CG�/ ((^� PROVIDED IN STIR VE COVENANTS APPLICABLE 70 THIS PLAT, REGULATION AND JURISDICTION OF EIRUN5IMCK COUNTY I, + . VIEW OFFICER OF ARE RESERVE�I E ALL LOT LINES ABUTTING A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THA, 111�pIAP OR PLAT TO 10. EASEMENTS FOR A AND MAINTENANCE, AS MORE PARMCULARY DEED. WHICH THIS CERTIFICATION IS AFIj [I MfO&ALL STATUTORY PROVIDED IN THEMRJS TIVE COVENANTS APPLICABLE TO THIS PLAT, REQUIREMENTS FOR RECORDING. c� ARE RESERVED WTINf Ay-g+ts"OUTWARD FROM THE EDGE OF ALL LAKES AND PONM ST. JAMES I EVELOPMENT CO.,LLC 1 af100' MANAGER/AUTHORIZED AGENT REVIEW OFFICER 0 50 1001 2 36D S,al tre DATE REVISION INITI �S1 i THE RESERVE NFI<IK44J G i�e t�� BANCROET I NEIGHBORHOOD LOCKWOOD FOLLY TOWN OF SECTION 9, PLAT 16 3987 BUS. HWY. 17 EAST (rjj TOWNSHIP T 2842 BRUNSWICK COUNTY NORTH CARD INA DWG NAME: VS101-012500033 ST. JAMES kws (C�l PHONE:910 PHONE: FAX:91( %�253=G634 ?1 PLANTATION PROJECT NUMBER: 01250-0033 DATE:3/9/04 SCALE: 1"=100' REVISION: CHECKED BY:MRS ' � , IrWtemet Site: http://www.mckimcreed.com DATE: DRAWN BY:RDT FIELD BOOK: Brunswick County—Register of Deeds Robert J. Robinson Inst #205222 Book 192 ($1 04/13/2004 02:52:36im J kET � � T TOTAL RE« TC# REC# s�CK AML, CK ,�pSH ocF 8Y Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9,Plat 1B (Bancroft I Neighborhood) NORTH CAROLINA BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of r.1 1 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1B, St.James Plantation, recorded in Map Cabinet 3 0 Page 1-- , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County Registry(as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 1395801 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205222 Book 1925Page: 882 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395801 -2- Inst 8 205222 Hook 1925Page: 883 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395801 -3 - Inst # 205222 Book 1925Page: 884 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395801 -4- Inst # 205222 Book 1925Page: 885 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements.. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395901 -5 - Inst # 205222 Book 1925Page: 886 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395801 - 6 - 7nst # 205222 Book 1925Page: 887 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395801 -'7- Inst # 205222 Book 1925Page: 888 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: � - John A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS W COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. sonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the �3 day of ,2004). (Notary Seal) �fr•6.!;7' '/;7j7 00 r4, ,. Notary P lic My Commission Expires: 1 ',�/1lr rY it Yllflr'r,`, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. 13th April 1 2004 This Instrument was filed for Registration on this Day of p , in the Book and page shown on the First Page hereof. 1% ROhE—kT J.RO I SON,Register of Deeds 1395801 - 8 - Bnulick County--Register of Deeds Robert J. Robir+wn Inst #205223 Book 1925P.age 889 4tT 04/13/2004 02:54:ocpa Rec#� C � TC#.� TOTAL RECi« .�.....CK C AML.'� K ►,cf 13Y r,fASH Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve,Section 9, Plat 1B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of tl 1 3 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1B, St.James Plantation, recorded in Map Cabinet 3- Page 1 �r Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment"} (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 139575_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205223 Book 1925Page: 890 WHEREAS, Article VIE, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: e ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. sonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this _day of , 20" 441 WN W!"" {`{{y{{1f611111f11,,1f �p (Notary Seal) ca NOr� Z'= z .g I �= Notary Public N "�LIC My Commission Expires:'�•.,;�COUN �7jh/glnlnN{N� 1395751 -2` Inst # 205223 Book 1925Page: 891 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. ohn A. Atkinson,Jr.,Vice.President NORTH CAROLINA BRUNSW K COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON,JR. ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC., a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the_/,3_day of ,2004. (Notary Seal) .•••`'��pWN fe''�a ss. Notary c s� Not yss My Commission Expires: 22 q9�, �_ =71 '°�,�� Can�N�` STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING 1 Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. RObE—kT J.RO I SON,Register of Deeds 1395751 -3 - THIS SURVEY CREATES A SUBDIVISION OF LAND BRJNSWICK COUNTY, NORTH CAROLINA _ WITHIN THE AREA OF A COUNTY OR MUNICIPALITY I,MARTIN R.STOUGHTON,PLS L-3727, s.wn THAT HAS AN ORDINANCE INAi EGULATES PARCELS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY _ARM OF LAND. SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION-ROM INFORMATION ■n[Rrns M-aw. SHOWN IN DEED BOOKS AND(OR)MAPS wse-Y CURVE TABLE MARTIN R. TOUGHTON L-3727 RETERENCED ON THIS PLAT; THAT LINES NOT '+ � CURVEIDELTA ANGLE RADIUS ARC CHORD REARING I CHORD PROFESSIONAL LAID SUP �•ti. ACTUALLY SURVEYED APPEAR AS BROKEN ONES '13'03" 177.50 99.81 90.50 'ems AND WERE PLOTTED FROM INFORMATION AS NOTED C2 877WZe 50.00 59.00 S 55.63 � 'a1F/, ON THE PLAT; THAT THE RATIO OF PRECISION AS r, j$g �;£. CALCULATED BY LATITUDES AND DEPARTURES WAS ion •110t C3 _tgow,16' 55.00 39.09 '44'S' 98.z '� GREATER THAN 1:10,000; THAT THE AREA IS C4 19" 55.DO 39.28 p4 '09" 50.05 i SEAL COMPUTED BY COORDINATE METHOD, THAT THIS PLAT WAS A¢A1.I; C5 7' S500 51.96 S 648'e"W 50.05 PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. "RKPASIK MA rRM�CB 4' 55.DO 25.35 'S ST04'4 "W 2&13 0727 W1TNE55 MY ORIGINAL SI NATURE.REGISTRATION r C7 222.50 11.55. 5 71'46'1 'W 11.55 d, };- NUMBER, AND SEAL THIS 1HE_jj__DAY OF_A4ALy____ �. C81 694 22250 t0i.25 T 10041Uf1V�E�`�' ' A.R•� - C9 t 22250 46.69 74• 46.60A'A�wr VICINITY MAP C10" T1 '39" 150.00 55.79 T 55.47kxA C 1 '4' 150.00 36.03 1 '1 35.94 MARTIN R• ON _- L- --GH 3727' _ (NOT TO SCALE) z C12i3T OS" 65.CD 25.70 25.53 PROFESSIONAL LAND 5URIE R I C13. 14 300.L0 75.12 s 8813' 74.92 CT4 '4 ' " 300.00 3545 N 811 35.44 € N/F CERTWCATE REGARDING CDMMON AREA AND CERTAIN EASEMENTS g ST.JAMES DEVELOPMENT CO LLC. ("OWNER"), BY RECORDATION OF THS z THE RESERVE CLUB AT PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS ST. JAMES PLANTATION. LLC COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY MC 29,PG. 230 FOR USE BY THE GENERAL PUBUC BUT IS TO BE CONVEYED TO ST. JAMES PLANTATION PROPERTY ONNERS'ASSOCIATION,INC.("THE ASSOCIATION") CONTROL - FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES THE RESERVE CLUB AT M� }j to j1�Ta9 E I \ PLANTATION, SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH 9x IN THE MASTER DECLARATON OF COVENANTS,CONDITIONS AND RESTRICTIONS ST. JAMES PLANTATION,TATION, LLC E 2.270,721.84 9 . 4,2 , FOR ST. JAMES PLANTATION DATED NOVEMBER 26, 1290 AND RECORDED IN MC 29,PG. 230 p 890 + 1S 7013 2S'DRAINAGE/ BOCK 832. PAGE 453,BRUNSWICK COUNTY REGISTRY,AS AMENDED,WHICH //}16M0 52 +� - 1. OS p? 32•F WATERCOURSE MASTER DECLARATION 15 HEREBY INCORPORATED AND MADE A PART OF 7 EASEMENT ` THIS PLAT. 25'WATERCOURSE 1 '11 'T CONTROL EASEMEfiw 404 WETLANDS LINE - S 1 OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPOFATION MONUMENT + 9 # # # LOT 4 T BELLSOUTH OR ATLANTIC TELEPHONE MEN9ERSH1-CORPORATION,-CABLE TV N 73,753.36(N 71 � 10 &!,)3 PROADER AS DESIGNATED BY ASSOCIATION, AND THEIR RESPECTIVE SUCCESSORS ST. JAMES E 2.27Q36 ,� n S 9 # AND ASSIGNS A NONEXCLUSIVE EASEMENT TO INSTALL.MAINTAIN AND SERVICE DEVELOPMENT CO +O1• �2.5 n^ 0.44 L�r 0.56 ry^ 0 59 n$ 8 } ; THER RESPECTIVE LINES,WIRES, CONDUITS AND PIPES WITHIN THE COMMON AREA ACRES o ACRES o a ACRES SQ'n 0.54 M$ - z ,I FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED ►'10 A m o ACRES m Y 7 6 LOT 5 Y� IN THE MASTER DECLARATION), TOGETHER WITH 'HE RIGHT OF INGRESS AND EGRESS +�7 # 13 t2 y rn 0 N 0.52 D.41 +�` OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE,PROVIDED THAT SUCH 0.40 t N t SANCROFT I RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH N 7144 # 0.38 0.40 . ACRES ACRES ' NEIGHBORHOOD THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. 14A ;, ACRES CS IRF t2.5' f I SECTION 9 PLAT IA '+' n n 0.42 1' MC 29.PG 39 OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE ri 148 w ACRES g5.6U r O Clt 12 9.3 1 25' DIRE_,,. RIGHT OF WAY AND EASEMENT FOR INGRESS, EGRESS AND REGRESS OYER AND y 0.69 VI ;9 5 GRC� C1 O z= IRF IRF IRF N B10085 58 4RRF 8 96"W /' ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF Ar ACRES N (¢ 6 5 SF-V'Vy�N IRF 1,. 1)3'35.W IRF 3 IT AND DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)IN THE CONNON AREA, AHD SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT,IN THE 4-+ y _I MASTER DECLARATION, OR IN THE DECLARATION RESTRICTIVE COVENANTS S COMMON G'+• \ SELWYN CIRCLE _ - ` F APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDEC IN THE R/W VARIES BRUNSWICK IV 73. >8 1" AREA 15 \ COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE 4e'01•W 104. (PRIVATE 0.51 3 (PRIVATE STREET) ,� t LOT ?.4 ASSIGNED IN WHOLE OR IN PART. 356,y3 r STREET) ACRES `� ., EE Z ST.JAMES DEVELOPMENT CO. LLC LOT 9 Al 75 .1 LOT 16 �/'\ 1 LOT 23 } 2 J / IV LOT 28 55?.ff s 750� y / �` LCT 22 _._ - 4 i LOT 27 U 4e'01'E I ~" ...... ` .., MANAGER/AUTHOR.I ZED'AGENT 1 LO IRF LOT 17 T 26 BANCROFT I ` V SECTION 33 PLAT 1 ! i N LOT 25 LOT 18 / NEIGHBORHOOD LOT 21 �'f MC 22, PG NOTES: 315 N ! 1 ! SECTION 9 PLAT iB }. `• 1 LOT 24 U ,'.�Y"•.., ! MC 30.PG. 17 `, .� N I. THE ZONING OF THIS TRACT IS R-75M THIS PLAT 15 PART OF A PUD. PUD BUFFER LOT 23 LOT 19 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS (GREEN SPACE)! LOT 20 X 6.24 ACRES; NUMBER OF LOTS CREATED IS 11; DENSITY COMMON AREA / `�. % IS .57 UNITS PER ACRE: UNEAR FEET OF STREETS IS 270.29'*/-. 0.34 ACRES / LOT 22 _ - I 3•ALL LOTS O A SHOWN HEREON ARE NOT LOCATED IN A FLOOD HAZARL 4.THE OWNER OF TIPS TRACT IS ST, JAMES DEVELOPMENT SECTION 33 PLAT 1 % LOT 21 ' CO., LLC P.O. EOX 10879, SOUTHPORT. NORTH CAROUNA 28461 -3001. MC 22,PG_ 315 �' / 1 •• _ �` LINE TABLE 5, THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. -� LINE I DIRECTION LENGTH UNAUTHORIZED USE IS NOT PERMITTED. AD - I Ll S TOR'W 66.91 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS NIVpry11�1.'L / L2 S 6=123"E 1841 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE N L3 N 2'44'S9"E 23.07 ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED BY APPLICABLE ZONING REQUIREMENTS): FRONT JO': SIDE'10% / L4 N 7'02-E 2.82 CORNER SIDE 15',REAR 30% REAR GOLF 40'. '2I' '',IN,, LSS 013107'E 71.44 7.MINIMUM DWELLNG SIZE AND MAXIMUM IMPERVIOUS COVERAGE L6 N 1'46'W 46.32 RESTRIC11ONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS L7 1 '� APPUCABLE TO TIMS PLAT TO BE RECORDED IN THE BRUNSIMCK COUNTY REGISTRY. /S rYL ZlA9y 8. IN ADDITION TO ANY EASEMENT SPECFICALLY SHOWN ON -IRS PLAT, EASEMENTS FOR DRAINAGE AND UTILTITES ON ALL LOTS,AS MORE PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS 7RN8/LANIMfBIlIItREVIIYMID APPUCABLE TO THIS PLAT, ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE FOR EMHRMD ONLY AND LOT LINES; 5'INSIDE ALL SIDE LOT UNLS; 5' INSIDE REAR LOT LINES IF HAS/6�NR R4I,AI FOR THE LOT HAS AN ABUTTING LOT M THE REAR: 10' INSIDE REAR LOT ONES /�(� LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION EASE OILY BY THE IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. `J REGULATION AND JURSDIC71ON OF BRUNSWICK COUNTY I. �✓AN G•NYH CC/at✓/ REVIEW OFFICER OF COUNTY 9.EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE'PARTICULARLY AND THAT THIS PLAT ALLOTMENT 15 MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TD PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE 71)7H15 PLAT, DEED WHICH THIS NTS FOR R IS AFFIXED MEETS ALL STATUTORY ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. REDUIREMEN TS TOR RECORDING. -'-� ^'•^ - 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARIICUULRY ST JAMES OPMENT COL.11G�pEyEL - � FRONDED IN THE RESTRICTIVE t`OVENANIS APPLICABLE TO THIS PLAT. BY: ��- �. �_.._. G SCALE: 1" - 100' ARE RESERWO WTHN AM 15'OUTWARD FROM THE EDGE OF ALL LAKES AND PONDS. MANAGER/AUTHORIZED AGENT IRF IRON REBAR FOUND 11, THE 404 WETLAND LINE SHOWN ON THIS PLAT IS FROM A DELN£ATION RENEW OFFICER APPROVED BY THE CORPS OF ENGINEERS ON PE9RURAY 6. 2002, 0 50 100 200 360 WETLAND LINE ARE SUBJECT TO CHANGE DATE REVISION INITIAL AAEED1P1 & THE RESERVE BANCFcOFT I NEIGHBORHOOD 3987 BUS. HWY. 17 EAST LOCkWOOD FOLLY �� TOWN OF SECTION 9. PLAT IC BOLIVIA, NC 284?.'L TOWNSHIP • J1L ST. JAMES -- PHONE:910-253-5622 FAX:910-253-6634 RFL'NS6'ICA' COLINTI, PLANTATION NORTH LARDLINA DWGPRO ME: VS101-012500034 0-D034 CT ;M DATE:6/3/04 SCALE: 1"=100' Internrt Site: htlP /WWw.mc0TICreetl.CC•m REVISION: CHECKED BY.MRS DATE: 11DRAWN BY:RDT FIELD BOOK: j runswick County—Register of beds Robert J. Robinson Inst #220816 Book 190IPage 363 07/.19/2004 02:12:09pn .Rec:# (�7 5 .7 4, RE `�LR 4EV TOTA� X#L.7 REC# CK AMT._,._CK# CASH REF BY Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve,Section 9, Plat 1C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 1At 1 `l"" 2004, by St. James Development Co., LLC, a North Carolina limited liabifity company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat IC, St.James Plantation, recorded in Map Cabinet -ao , Page 405 Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143791_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title search) Inst # 220816 Book 1981Page: 364 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437911 - 2- Inst # 220816 Book 1981Page: 365 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety'(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the' Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways; as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1437911 -3 - Inst: # 22081.6 Book 1981Page: 366 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437911 -4- Inst # 220816 Book 1981Page: 30 St. James Plantation, except those vehicles used in the course of permitted construction and development within St. James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may,not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per 14 t is 7s500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1437911 -5 - Ins•t # 22081.6 Book 1981Page: 368 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited.by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1437911 -6- Inst # 220816 Book 1981Page: 369 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143791 1 -7- I Inst # 220816 Book 1981Page: 370 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: 11-J �— ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWIC OUNTY I, j �, a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS m hand and official seal,this the �dayof 20 o . OF ICIAL SFAL° (Notary seal • Notary Public,North Carolina Countyof Brunswick Donna Valk Commission Ex Tres 2/10l2008 Notary Public My Commission Expires: o .7—a a STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July 2004 in the Book and page shown on the First Page hereof. r ROhE-kT J.RO INSON,Register of Deeds 1437911 - 8- Brunswick County--Register of Deeds Robert j. Robinson inst #220817 stook 1981P 371 07/19/2004 02:13:39-pm _ RE`l� r_ 7a Lt my Tu-.4/ REC#. CK AMT CK# CASH--REF �BY:MT Amendment to Master(Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 1 C (Bancroft I Neighborhood) NORTH CAROLINA-BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 13 u C1 VN 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat DC, St.James Plantation, recorded in Map Cabinet _, Page L105 Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 143790_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) inst # 22081.7 Book 1981Page s 372 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent. NORTH CAROLINA BRUNSWICK OUNTY I, a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this& ay of 9A 200 ., °OFFICIAL SEAL' 11�7Ot Seal Notary Public,North Carolina �J ✓ (Notary county ofBrunswick A �'/ DonnaT Valk ✓'�,�- +-•-� Commission Ex 'res yi012iKi9 Notary Public My Commission Expires: fa `l 1437901 -2 - Inst # 220817 Book 1981Page: 373 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By. ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC COUNTY I, — a Notary Public of said County and State, certify that JOHN . ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC.,a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS m hand and official seal this the da of d—od 20© °OFFI I -AL' n�T Notary Public,North Carolina (Notary Se County of Brunswick DonnaT Valk •�� CommiesionFx Ire82/10l2000 Notary Public My Commission Expires: 0 00 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. { R013FART J.RO I SON,Register of Deeds 1437901 - 3 - YIII�IIII�I'I�IIIIIN��IIIIIIIII� rr-D= Br►nswick Canty, NC Registr ds page 1 of 3 alum I�Y `f,Pe � oral Rev Int. ;k$ —Ck#�—Cash$ defunct_ Cash$ Finance STATE OF NORTH CAROLINA arortione of dooument are illegible due to condition COUNTY OF BRUNSWICK of original. 0 Document contains seals verified by origins instrument that cannot be renmduced nr con+e.". Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C (Maximum Permitted Built Upon Area for Lot 14B) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat I C("Amendment")is made and entered into this t day of A.s Q ,2019 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat I C in Book 1981,at Page 363 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,PA.,University Corporate Center,127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 i ,.e1I pQ 'C� '� IIIIIIIIIIIIIIIIIIII,III�IIIIIIIIIII B ZidVa M. C1am or's PROP Brunswick County, NC Register of Deeds page 2 of 3 B. St.James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose.The Development Period has not yet expired. NOW,THEREFORE,St.James Development Co.,exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: I. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 14B to 9,200 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration,including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: aC k�gk _(SEAL) Robert F.Masters,Authorized Agent I�IIININIINIInlllllllllllnlll B ?�? s- � rufsa3ek County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF (ttuJ )r�U I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein, in the capacity indicated therein:ROBERT F.MASTERS. Date: Signature of Notary Pilblic Notary's printed or ty d name My commission expires: Qv y uJ I- 13 2az,3 (Okla!Seal) SHELLY J. BAKER Notary Public Pander County,North Carolina My commission expires Aug.13,2023 Notary seal or stamp must appear within this box. Bna—C*CbMty-Ragistes of Deeds Robert J. Robinson /f / IUtst f3640 Book 29Page 39 10/22/2003 01:49:061i Recf i r STAX OF NOMH CAROINA BRL"SNM C01NTY THE IMOERSIOED NIRE/Y ACKNOWLEDGES THAT THE L /i✓ f// 'Z}r LAMB SHOW OR THIS PUT TS VIT IN TIE SUDDIVMUN 9lIMSMOL C01sR7Y,OR11F"I THAT TIE wiP 06R RAT W by I.FTOBFRT B.hId1ENRY,R CERTIFY REMLATIM AND,ANOBETRW OF S WWICK CRSRY WON 7NIS CFIOIRG11011 B W=IOETS ALL STAWFORY STILA TAr O �P�' THAT 1N8 MAP WAS OR tUM NY AND THAT TIOS PUT ALLOTENT 1S MY FREE ACT AND RE)AQ1 PIAMTMl01 � Q a 'fd Z S PERNSION FROM AN ACTUAL FRLD FEEL ]/ �'/ �' . •I u y 'WAT15 SUR 'MADE W O W SIPERM901t ST.JAMS.IENELOPIENT L0..LLC zG•- (�f(.rG/ MAT TIE RI1TO AM UD!AMID N AS OIOD( CALgIIATED BY UTTUOE AND DE- RENEW OFFICER p� M Y vy PARTATES M 1%OOC +. THAT TE MANAL;ER/AUflOt�O T BONDAMM NOT SRLEWD ARE sHO�n N AS BROOM LINES PLOTTED FROM N- R CBYG FOWIATION FOUND N OMM REFER- At1,W -- 04001,TEAT THIS MW WAS PREPARED N ADCORDAMM UM C.S.47-30 AS N* 1114-rM41Y ■TESS MY HAND AND WAL IM TE Ll w 7M KYOC10BO1 OLD J VICINITY MAP - NOT TO SCALE w0.' .f i. ' I.ROOM&MaNDW.JL CFRIFY THAT ME SURVEY ~' ' • / ///�,:'r AS MOM ON THIS PUT CJWAIM A IUBOMSNN OF LAID 01 W w rn LAND FEOM L-3521-- '• wINN TIE AREA OF A COUNTY OR MUNICIPALITY TNAT �- •�In HAS AN=KAMM TEAT REQAATES PARCELS OF LAND. 100, 2Qo' 300' ROOM E MdRRRY.JL.PLS L-3 � 4 2 n �awZ oO q L QQ�0.01 Willa zorinp oP tits tract R-7500. This at Ic part of a LLJ N 2c LThe hi pl ►. 2 2 She calculations-mtal avenge of tract divided b 5.49 U a�$ \CONTROL CORNER aarws/never of lots vented Is 10 U density IsO•yaunits d u TES. per acre!IInear feet of streets Is y \\ 7 71730.49 3.Al.Lots shorn hereon are not located In a Flood 0. \ AREA Nurard Area The 100 year flood boundary Is � Cannon Areas and &t�- \\ \ , based on FIRM 0370M panel 0360 wffb( 'E'doted 4/9L tain Easerients St.Jones Developnent Co„LLC('Barser'>.by recordation \ �� J' 4. The owner of this tract Is St Janes Development Co,, of this plat,has designated certain areas of land shown hereon ` r � P 79,Southport,North GrdIns 2N464 as Common Area The Common Ar I.I.C. JIea expressly Is not dedicated hereby for use by the Ip�blk bet is to be W \$T v 'I' W,'!- I y O conveyed tb SR James Pl tlon Owners' r S The St.Janes Plantation name Is a service nark Association,Inc.(the•Association)for the use and '+ f UnsuthonYzed use Is not per mKted Z C enJoyment of proPwtY onewrs In Sic Janes Planrtatlon subject elNl 0.50 ACRES $ qq 31t_T to thhee conditions arld reservations set fa IN In the Nestor a '7t. 6.Iiinun bulldYp setbacks for oU lots si va- on this plat DMa,Eatbn of Cowrnants.COFWltlons arW Resirktlons for St. ,D� ' ,/ n I-= MExt lion dated Noverbw•26,19M and recorded In q -q� !j. are fCwwdttee of the PM and permitted by MtdVcabit al F Dd W-i1p9, pe 433. Dwuwkft Casty Real!",as +� i p t� '4, ;= ngLJrements*front 30'U side 101 side an c iri y a ter Declaration Is hereby Incorporated se q 1 Q rear 30'. and*t q this plat. ' l ►^ / WATERCOURSE ��' vious s to Drinswkk E]tetrk NSWarsshhpp �' 0.14tACRES 4 t `fe._� t� 7.IlrnAasr aleeNYg size and ama�forth the Restric" Covenants Cab tb or Atlwnile Telephone Mwrber•dep Jq`�f�, _l�• F �e rtoestirlhkci plot W he recorded in the DnxKalek County I�ir corporavon•c�ple b provides as designated by the �,/ ' RrObte•y. a{I(f thN^res Vve successors and asslpx,a Z Herne a to Install,mabMIn and service tMM� - 0.36 ACRES n &In addition to any easements ape%&Ll shown en this reside UI✓�.und�Ats and pipes whthMn the , G R( E 'd4 / / 3 .E' l '•t plot,easements for drainage and utAkies an all Lots,as more O Oonwan�Areofkur the purpose of pr vldhp service whthlrn ,L{tt► Z?• i particularly the (as defined h the Muster Declaration). / �, s Y Provged In the Resb'kih'e Comments applicable �t / 7 le plat,are reserved as follows 5' Inside front Lot Ones)5' tope �INi Va right OF Ingress en)�pprne over and uuppoonn ' - -1 M76' C .> 1 �' l_ti Inside Salt side lot Ones;W inside rear Lot lines W the lot has an Q the q D1 for such pls�pose,provl mtthat such rights i �A LB4E • i•! Z 39 ACC �,,' obuttklp lot to the rsorU 10'kMde rear lot Lh"W the lot does must,,�Rla�� In a manrar that Interferes as aloe as possile 51/B' W' yr 1'�f 2 4 ,� `� -, not Faye on abutting tot to the mar. with a!F'ie 'of the cwwrnsl Area by the Assoclatbn end tra / 6gTdy `tr Z M 9.Easements far pathwayys on all lots,as mare parft Marty a �,� , e4• ti d' preWded In the Restrkthre Covenants applicable to this plat, J !!frier Par Itself.Its successors and assgns.a e (�\ are reserved 13'Inside o0 lot lines abuttYp a street rndnexcl�i9ver of say and the Co nt Ear Ingress,tgress SM71ON 0 PUT to as ti OA3 ACRES r and rrespprreessss over and across the Cannon Area,and the for BANCROFT 1 !�` S r" lA Easements Far�a�aps aml nNntenance,as Wore the installation and ndnterance of*Vr&ge facEFt es and NEIGHBORHOOD 'C' dt7 20'WATERCOURSE portloAarly provided In the Res'h *Iva Covenants opplknble rrSEltles HIncludrp MNgottorJ In the Cowan Area,and such rA'bl. ,. T to this plat,ore reserved wiuiYi and 35'outward from the edge ptFMr easements os!fawn Or deser'betl wn this pplLaat.yl tla (. / all all IaWs and ponds. Master Declaration,or In the Dolor ftr of RestrkiW t DA2 ACRES'.Y / r a Covenamb applRable to this plat to be executed by Owner f 6 / A� IL TMs section of the reserve k pert of the Paladin Pun and rewrded In the BrnAlsfick County Rees",which right `�. of way and easements may be assigned In whale or In port �• / �I St.James DevelapMnt Co.,LLC0.3 6 k"•U ? 0.37 ACRES •� y d 6' a 1♦? T'QL CONTROL CORNER -U :3 COORDINATM Uq vh� (`�o •r rs •�P0.38 ACRES 6_ FAQ P4,9326.53 9 r4a� A CURIE DATA ON(ENIERLNE �r�y r 0.42 ACRES 0 gg CURVE RADIUS ARC LENGTH 9z2 CHOW BEARING r 4Cr .....` r,- Nk. �i L" g 04 C2 500A0 11M77' U5.31' 4 32'2022'E \ `� �' �' PRDMTY OF ST. JAMES DEVELOPMENT M, LLC C3 I 4o0A0' I 142W 1.41.951 5'34'E � .Fy � RESERVED FOR FUTURE DEVELOPMENT :S-: � {,� •^�� C4 EOLW 150.40' 146.88 25'' S E b CS 525W 25714' 254 S 05*39"E •� � �?' µ7 TM ^I 0. '�+i u�G•i CeR72461AI 04 8MWe93b'TCH EV W APPROYAL REQUIRED Q ::I CURVE DATA ON R/W I LIM I BEAR10NG I NIBANABEEN ANCE 60M a�Jo" Pq E, �oT PL N B RETIWMW u S 91-30-CRI 9a9 lip FOR EABEMEhRB ONLY AM Ca 40A0 690 60.4' N 48'S644, E L2 IN23'M-W E 1 CLERK BRUNSWO Glided iX. q1 L; M6 BEEN h APPROVED FORL3 I N P'EQi d z EA9100 BONLYBYTNB PLANNING LOARD CUUMYENOINEER DATE: A7 oc .J -4 L Brunswick County---Register of Deeds Robert J. Robinson Inst #182974 Book 1847Page 124 10/23/2003 10:54:00am Rect / c'Na �. Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9,Plat 2A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of C644 Z 3 , 2003, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co.,,). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2A, St.James Plantation, recorded in Map Cabinet a of Page Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'j. WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the "Master Declaration'), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1179,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants,conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 1323471 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 182974 Book 1847Page: .125 NOW, THEREFORE, Development co. nereoy aeclares ana covenants tnat the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited, provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and-Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. S. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association'), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve(12) months. 1323471 -2- lnst # 182974 Hook 1847Page: 126 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner anal for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the Iocation of any dwelling or other structure on any Lot, provided, however,that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot,which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby giants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear,(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 132347_1 -3 - r Inr-t # 182974 Book 1847Page: 127 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes,satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle,or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes,and all terrain vehicles, shall be operated within 1323471 -4- Inst # 182974 Book 1847Page: 128 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four(4) feet high from ground elevation,nor any dogwood,flowerhig shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 132347_1 - 5- Inst 4 182974 Book 1847Page: 129 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,concrete, gravel,brick, stone,slate,coquina,driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom,and for rernediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co.may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1323471 - 6- Imt # 182974 Book 1847Page: 130 25- Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initials thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce,by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 2& Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 132347_1 -7- Lnst # 182974 Book 1847Page: 131 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAME OPMENT CO.,LLC By John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS WATKINSON, TY I, a Notary Public of said County and State, certify that JO JR. onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and fin ther acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this theca day of (Notary Seal) _ ••11N1111/1111fffff , ````••••.•'� D A 1/�/N Notary Public My Commission Expires: �� ems" STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 23rd Day of October 2003 in the Book and page shown on the First Page hereof. RObAT J.ROINSRON,Register of Deeds 132347 1 -$- Brunsswiek County--Register of Deeds Robert 3_ Robinson Inst #182973 Book 1847Page 121 10/23/7.003 10:53:08an Rect �L Amendment to Master Declaration of Covenants,Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat 2A (Bancroft H Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2 3 2003, by St. James Development Co., LLC, a North Carolina limited liability company ("Development CO.'I. First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2A, St.James Plantation, recorded in Map Cabinet Z! Page 3 , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020. without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 1323461 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 182973 Book 1847Page: 122 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES D LOPMENT CO.,LLC BY: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JO A ON, personally appeared before me this day and acknowledged that he is an Authorized Agcnt of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of 6j2 20&�.. (Notary Seal) Notary Public My Commission Expires: 3 6 f, �,.G o 1.,,"IAt1N�1111 ,. Trist # 182973 Book 1847Page: 123 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: /� ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNS K COUNTY I, a Notary Public of said County and State, certify that JO A.ATKIN N,JR.4ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the,;2,a_day of ,20C21 (Notary Seal) 1q0N 1nfp� ' Notary P 'c My Commission Expire s vf AP z: fFO G ffffffffff1111111N1, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 23rd Day of October 2003 in the Book and page shown on the First Page hereof. AV I 11011AT J.RO IRS N,Register of Deeds 1323461 -3- S.. ,;ek C..k r-Be9lstei Of Deeds a a &tort a• "i �k 393 \ CERTIFICATE REGARDING COMMON AREA AND CFJTTAII EASEMENTS V1113t 03855 ST.JAMES DEVELOPMENT CO LLC.('OWNER'). BY RECORDATION OF THIS r 04/12/2004 11:07:54®Rec3 \ PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS m"Q - COMMON AREA. THE COMMON AREA WRESSLY IS NOT DEDICATED HEREBY cant FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES PLANTATION PROPERTY OWNERS'ASSOCIATION.INC. ('THE ASSOCIATION') FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES wow-1 tom] � ! PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH / IN THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST.JAMES PLANTATION DATED NOVEMBER 26. 1990 AND RECORDED IN rr'nn a M \ BOOK NO. PAGE 453.BRUNSWICK COUNTY REGISTRY. AS AMENDED, WHICH MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OF �\ THIS PLAT.OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP A ` L ' LOT 1 1 LOT 1 _�• SELLSOUTI,OR ANTIC TELEPHON MEMBEWIP CORPORATION. CABLE A TV �tl1R"wr PROVIDER AS DESIGNATED BY ASSD'CIkTM,`i1D THEIR RESPECTIVE SUCCESSORS L , 0 AND ASSIGNS LINES.UWIIRES. TS WITHIN THE COMMON AREA VICINITY MAP 1 •� LOT 2 '�' EOEW.T T'�,INSTALL,MAINTAIN AND SERVICE ` LOT 3 1 A / LOT 2 i FOR ih1E PURPOSE PROVIDING AR DEVELOPMENT(AS DEFINED M1 THE MASTER DECLARATION)•T IGHT OF INGRESS AND EGRESS (NOT TO SCALE) =; fOVER AND UPON THE COMMON AR F OSE, LITTLE D 1HAT SUCH �' RIGHTS MUST BE USED IN A MAN TATSAS LITTLE AS POSSIBLE WITH THE USE OF THE COMMON AREA B AND ME MEMBERS THEREOF. rr L� , LOT 3 / CIRCLE OWNER RESERVES FOR ITSELF.ITS SOR D ASSIGNS, A NONEXCLUSIVE BRUNSWCK COUNTY. NORTH CAROLINA RIGNT OF WAY AND EASEMENT FOR 1 SS AND REGRESS OVER AND I MARTIN R. STOUGHTON,PLS L-3727, ACROSS THE COMMON AREA, AND FOR N LLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY DRAINAGE FACIU71ES AND UTILITIES(I DIN ROGATION)IN THE COMMON AREA. SUPERVISION FROM AN ACTUAL SURVEY MADE O LOT 4 \ AND SUCH OTHER EASEMENTS AS SHO BGHBOR T 1 C / MASTER DECLARATION.OR IN THE DECL OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND(OR) MAPS INFORMATION � /SNEIGHBORHOOD V APPLICABLE TO THIS PLAT TO BE I Q I OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT: THAT LINES NOT C� ECTION 9. PLAT 1A \\ a w' BRUNSWICK COUNTY REGISTRY,YR11C � WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN ONES � MC 29.PG.38 LOT 27 0 44 LOT 5 ASSIGNED IN WHOLE OR IN PART. AND WERE PLOTTED FROM INFORMATION AS NOTED Al � y ON THE PLAT; THAT THE RATIO OF PRECISION AS ir_ LOT 26 ACRES BANCROFT q • ST. JAMES DEVELOPMENT CO.LLB• ' ( CALCULATED BY LATITUDES AND DEPARTURES WAS f NEIGHBORHOOp<1 n i�� GREATER THAN 1:10,000; THAT THE AREA IS V'• 7g� SECTION 9, PLAT 214� ' `�� COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS LOT 25 w 1 1g"E 'e�, . MC 29.PG.39�' Cv ! / �. Lib •2? q �� B ` WITNESS�MYN ORIGINAL D SIGNATURE EGISTR3D AMENDED. MATCH 24 +I.0 / \ MANAGER/AUTHORIZED AGENT NUM1 R, ANN SEAL THIS THE, - 1 DAY OF �tr j �rE m 0.35 ; 12 P� L T�� 'fin A.D.. / ACRES $' 0.44 r o i T 7 \, r1 --+1/ APPROVAL p MONUMENT S�42'19'E ACRES �q\ �v`r I !IU I1rF1QVl1l ly j u-( tH PROFESSIONAL LAND VEY L-3727 �) MONUMENT 155 �. C11' - --- -- --- Q. •� N 73,530.05(MAD 2» F1��J � � ¢� L.6 •,kw,, I f � -�� L�"� --- •�v" � E 2.271,668.80 23 rn w• 1.3 M >> LOT 8 J, /o g�L THIS SURVEY CREAa� �- N 73.613.98(NAD 83) 0.35 n pOOA.n I E 2.271,66983 + ACRES a ? 0.37 ?'� 'r�)I / L ( y ��, 4 ; L 3n7 WITHIV THE AREA OFN-NlR♦T CMAUTY J u' ACRES�y * (�yl,l PU , DOAkD ( .� � THAT HAS AN ORDINC�l7�TES PARCELS 01 .44 E "��A.M� l \ LUT 91 �2• nIV P[8�e y _'- � � LJ 155• 3 2 , 14 / tr-il i1v q. •22 w ? 0.38 4` ( Et'tf1t,�/ MARTIN R. STOUGHTON Tin`' ~L-3727 -- 0.34 ACRES \ � PROFESSIONAL LAND pl ST. JAMES ACRES COMMON * .o�' 15 �� 10 THIS PLAIT HA&BEEN REVIEYYED DEVELOPMENT CO., LLC 1G f b t �\ �_ , CONSTRUCTION PLANS F TINtOPERTY HAVE (FUTURE DEVELOPMENT) ;o N As, AREA �' 0.37 I H�As KEN APPROVED FOR� Z , 21 0.68 seY ACRES ,.��� / CONTROL EASIBENm ONLY 9YTM BEEN REVIEWED AND APPRPVEO THE COUNTY 0.38 ACRES *� s �F 1 MONUMENT C1YENGIMM ENGINEER IN ACCORDANCE ARTICLE VIX OF y M N 7319047(NAD 27) THE BRUNSWICK COUNTY, SION ORDINANCE. 1i� ACRES ^► 4 �O OPEN `' 16 '; E 2,272.46i.61 LINE TABLE T �•y ,( 0.44 tg 1 N 73,236.40(NAD 63) LINE DIRECTION LENGTH �,(+ •►'w S9 SPACE ACRES 4i `fib I--- �1•E$272.541.34 COUNTY ENGINEER L1 3.76 ,� 20 4' 'Fj / / TIE LINE �) L2 w 28.90 0.38 17 J s t5'29'34' w L3 1•w 2D.24 ,y, 0.36 'f �� t7 60.00 NOTES: ACRES A *d.`W �,R C it ZONING OF THIS TRACT IS R-7500.THIS PLAT IS PART OF A PUD. L4 4 •W 92.55 • 1 L5 '4' 77.58 p ;w, .�y'S ACRES 1.� CTB �� 2. E CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS US 1 75.49 CONTROLS � F A 1 M+ 79 rp vP i) 7 ACRES; NUMBER OF LOTS CREATED IS 74: DENSITY MONUMENT O �3• ? !• qRn ;AI• 4 1 -59 TS PER ACRE; LINEAR FEET OF STREETS IS 1951.28'4 L7 N 1' 11.55 N 73.206.23(MAD 83) �f�' QT. 0' *�38 CURVE TABLE •'`' L�SHOWN HEREON-%'.%* LOCATED IN FLOOD HAZARD L8 •1'S8' 67.66 E 2,271.036.49 �F ACRES �� A � A E ".o. k O �, CURVE DELTA ANGLE RADIUS ARC CHORD BEARING CHORD L9 N 1' 3fL40 '7 4 n �a Cl 4p.pp 82.83 1, 56.57 J�7 ER OF THIS TRACT IS ST. JAMES DEVELOPMENT L10 N 1' 84.44 tir 67����,(��� ~�•. 1$ �•P C2 . " 170.00 152.64 '25' W 124.85 \'`✓� • P.O. BOX 10879, SOUTHPORT. NORTH CAROLINA 28461 LII 4 • 39.98 �. S .E- 4 (tA ) 3001. Opp• . tf0•�TO 0.44 G C3 34•E ' 43O.DD 41.80 4111W 4L79 '-�THE 0 JAMES PLANTATION NAME IS A SERVICE MARK. L12 IN •4'1" 15.26 r'• ! yt 1 ST. JAMES 4Y rj & ACRES C4 14 I' ' 430.00 111.49 S 1.3'41"E 111.15 � -gNAI( ZED USE IS NOT PERMITTED. Lt3 1 W 44.59 ? R/ J 1'¢, MIN M BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS 7120 DE LOPM T CO., LLC !y ; m CS 1 5'00' 470.00 100.49 N 1 ' W 100.30 CLL ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE L15 1• 80.00 E ELOPMENT) S•y �O C8 ♦'4T 40.00 65,51 1 '31• 58.43 E POA _ LIS N 1 1' 00.00 r, , C7 4.3' 4' 380.00 30-44 N 'O7" 3IK43 rll�Lgy PUCABLE ZONIRAL NG EOUIREMENT'S COMMITTE OF TM FRONT 30•:PSIDEIT OD �'{ ce 14'44 ' 420. 108.04 45h0' 16".m SIDE SS',REAR 3O'. u7 N 70.83 �� -L.�, CONTROL 0 ST. JAMES C9 •Y 3' 420.00 48.8E • W 48.58 5-MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE LIB 100.07 !� `a2 MONUMENT DEVELOPMENT CO.. LLC a "PVJ N 73,046.4�,(NAD 83 CID f09'09'SB• 40.00 76.21 N S'34• 65.20 ,,�� TmcTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS L19 74.59 ` fi. E 227^,,,i1ac (FUTURE DEVELOPMENT) C11 8.2T3B' 430.D0 BS50 N 43.43E W 83.44 4',"I&CABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY L20 14• '1 ' 18.5 s �:J `�� t, P ftEGfSTRY. \;�--� IImo�,,,, C12 11' 370-00 130.42 7 t'1 129.75 L21 14' '1 18.25 y ? 4" 71483 8.(I1�ApDITgN TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, Imo, M� C13 17'S1'1Y 370.00 115.29 '� �MENTS FOR DRAINAGE AND UTLTTES ON ALL L015. AS MORE CI4 1 1 4' 370.00 117.97 S 46'05' 117.47 AROOCULARLY PROVIDED IN THE RESTRICTIVE COVENANT'S I+`_ cis 291 1' 330.OD 168.55 S 59'52'30• 166.72 ABLE TO THIS PLAT. ARE RESERVED AS FOLLOWS- V INSIDE FRONT n �� r j C16 '45' 33D.DD 11,78 S 75.31'48•E i1.78 L UNES; 5'INSIDE ALL SIDE LOT LINES; 5' INSIDE REAR LOT LINES IF ��j ('� C77 49'49'OT 270.OD 234.78 S 773T22'W 227.44 THE LOT HAS AN ABUTTING LOT TO THE REAR; 10'INSIDE REAR LOT LINES IF THE L07 DOES NOT HAVE AN ABUTTING LOT TO THE REAR. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE 1`�� `,�: CUL° = cis 21 2'14' 360.OD 134.27 S 42VI*42•W 131 9, EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY LAND SHOWN ON 7HIS PLAT IS WITHIN THE SUBDIVISION �� " C19 4'04' 270.0D 237.5E S 06 229.93 PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, REGULATION ARID JURISDICTION OF BRUNSWICK COUNTY 1,, ���<< tILL OF 'Aa o C20 370.00 186.50 1T w 184.6E ARE RESERVED 15' INSIDE ALL LOT ONES ABUTTING A STREET. AND THAT THIS PLAT ALLOTMENT IS My TREE ACT AND A(dt CK COUNTY,CERTIFY 7NAT THET TO u� C21 5619. 3' 430.00 422.55 '4T34"E 405.85 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTCULARY DEED. lit CER7IFlCATON IS AFFIXED NEE TO!IY �� PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, ENTS FOR RECORDING. v 1A C22 1.00'56' 470.00 8.34 N 58h752' W 6.34 TRESERVEDW1TNN MCI 15'OUTWARD FROM X£OF ALL IJJtES AND PONDS,ST. JAMES DEVEL OPMFNT CO., LI f. +" L� f �W� SCALE: 1" = t0U' ARE RESERVED MANAGER/AUTHORIZED AGENT REVIEW OiflCER e -- - 0 50 100 2 pmmmmL DATE REVISION INITIAL h&4& CRMD THE RESERVE BANCROFT H NEIGHBORHOOD �3987 BUS HWY. 17 EAST LOCKWOOD FOLLY TOWN OF SECTION 9, PLAT 2B PHONES BOLIVE; 0 28422 BRUNSWICKTOWN COUNTY HIP • NORTH CAROLINA DWG NAME: VS701-01 2 500029 PHONE:910-253-6622 FAX:910-253-6634 PLANTATION PROJECT NUMBER: 01 2 50-002 9 SM DATE:1/22/04 SCALE. 1"=100' REVISION: CHECKED BY:MP`' Internet Site: http://www.mckimcreed.com DATE: DRAWN BY:ROT FIELD BODY: 1Y1 �A�b AJ#r otlllt(®q 9(:6q:sq OkAlLF0 �l Brunswick Cmmty--Re jistar of Deeds Robert J. Robinson Inst #197111 Hook 1895Page 989 02/12/2004 11:14:39m Reci('7 3--2 Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9,Plat 2B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of Tva 18S" �Z, 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2B, St.James Plantation, recorded in Map Cabinet ?_9 , Page 3q 3 Brunswick County Rogistry (said numbered lots are hereinafter referred In individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County Registry(as amended,the "Master Declaration"), was executed by First St. James, Inc. C First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 136763_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JANO Inst # 197131 Book 1895Page: 990 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots,or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. as contained Each combedmLot s all be considered a single Lot for assessment and voting purposes ter Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1367631 -2- Inst # 197111 Book A95Page: 991 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute, discroti.on, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5) feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1367631 - 3 - Inst # 197111 Book 1895Page: 992 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be crected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other houschold pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longcr than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1367631 - 4- Inst # 197M Book 1895Page: 993 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and ,maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 136763_1 -5 - Inst # 197111 Book 1895Page: 994 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 136763 1 - 6 Inst # 197111 Book 1895Page: 995 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall rcquirc the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1367631 - 7- Inst # 197111 Book 1895Page: 996 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: G �-- ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, a Notary Public of said County and State, certify that JO . ATKINSON, Jlt. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the f( day of 200 q . (Notary Seal) <<, :per OtMY Notary Pub My Commission Expires: - �► z= STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 12th February 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. Ord• ROWAT J.RO INSON,Register of Deeds 136763 1 - 8 - Rnmwalck CD1mty--Regist er of Deeds Robert J. Robinson Inst #197110 Book 189%age 986 02/12/2004 11:13:50am R+ea#J Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as ofTe b?ucwy 12- , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2B, St.James Plantation, recorded in Map Cabinet 2.9 , Page 3q Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment's (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 136762_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 197310 Book 1895Page: 987 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC By: L �GA=--- ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSON, ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this// day ofc✓ 20 C . (Notary Seal) ••°LNG a r 2 �S 'Vk Notary Pub My Commission Expires: 1367621 - 2- Imt # 197110 Book 1895Page: 988 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMBES,INC. By: �C hn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI Y I COUNT , , a Notary Public of said County and State, certify that JOHN A. ATKINSU , JR. p nally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of ,20_0q. (Notary Seal) ��\tUHIHah4r . aG �" Notary Public o� i .G My Commission Expires: =Z C to v 6. Gam;: . O '�►arnnnl!\tt STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN SOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is (are)Certified to be Correct. 12th This Instrument was filed for Registration on this Day of February 2004 in the Book and page shown on the First Page hereof_ ' RD EXT J.R I SON,Register of Deeds 136762_1 -3 - 30ficoo CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST.JAMES DEVELOPMENT CO LLC. ("OWNER'),BY RECORDATION OF THIS _p PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS COMMON AREA, THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY Brunswick County--Register of Deeds FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES Yoaols au ww S1 Robert: J. Robinson PLANTATION PROPERTY OWNERS'ASSOCIATION.INC. ('THE ASSOCIATION") lost I4009 Book 30Parne 1.5 FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH i 04/13/2004 02:51:16pm Rml j�:-I.,I I IN THE MASTER DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR ST.JAMES PLANTATION DATED NOVEMBER 26.1990 AND RECORr>iD',1N v tM�'1X1�GyHU eA10M 11 Y � l e BOOK 839.PAGE 453,BRUNSWICK COUNTY REGISTRY,AS AMENDED. r 1�1 �i MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART - pi F THIS PLAT. --� vti/ �n,wnc Nm,looAsxr w,m�,yr „�L' e OWNER HEREBY GRANTS TO 13RUNSWACK ELECTRIC MEMBERSHIP CORPORATIQN I'9 BELLSWTH OR ATLANTIC TELEPHOA'E MEMBERSHIP CORPORATION.CABLE1Viv PROVIDER AS DESIGNATED BY ASSOCIATION. AND THEIR RESPECTIVE SUC� S�;a �`. AND ASSIGNS A NONEXCLUSIVE EASEMENT TO INSTALL.MAINTAIN AND M E THEIR RESPECTIVE UNES, WES,CONDUITS AND PIPES WITHIN THE COMM E,� VICINITY MAP FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS�FN€8 (NOT TO SCALE) N THE MASTER DECLARATION). TOGETHER WITH THE RIGHT OF INGRESS ANB-E09ESS 1 BANCROFT II OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE,PROVIDED TiAT, .4Ti o _ r1 �i NEIGHBORHOOD RIGHTS MUST BE USED N A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH G` �; Y \SECTION 9, PLAT 2A j THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBEf(S T I cG MC 29,PG, 39 BRUNSWICK RCSWGMTON, PLS La3727�+ 33 IIYY OWNER RESERVES FOR ITSELF.ITS SUCCESSORS AND ASSIGNS.A CLUB CERTIFY THAT THIS PLAT WAS DRAWN UlikR 1O �, 4 •i-' r�'- - \ L•y A RIGHT OF WAY AND EASEMENT FOR INGRESS.EGRESS AND REGRESS OVER ARQ: -' n `1 lW7,Cy�y\ LOT 10 Jr ACROSS 1HE COMMON AREA.AND FOR THE INSTALLATION AND MAINTENANCE OF SUPERVISION FROM AN ACTUAL SURVEYXQE , H1'' C� C` I DRAINAGE FAOU71ES AND UTILITIES(INCLUDING IRRIGATION)N THE COMMON AREA, UNDER MY SUPERVISION FROM INFORMAT1011 ON DESCRIB O AND lt ED THIS PLAT.IN THE SHOWN 1N DEED BOOKS AND{DR)MAPS' ND SUCH OTHER EASEMENTS AS SHOW s0• MASTER DECLARATION.OR IN THE DECLARATION OF RESTRICTYE COTENANTS REFERENCED ON THIS PLAT; THAT UNESf#M3I, LOT 16 �i ,� APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE ACTUALLY SURVEYED APPEAR AS BROKENr_9RES'' BRUNSWICK COUNTY REGISTRY,WHICH RIGHT OF WAY AND EASEMENTS MAY BE AND WERE PLOTTED FROM NFORMATION AS►)ij TIED -" BANCROFT II ASSIGNED IN U40LE OR IN PART. ON THE FLAT; THAT THE RATIO OF PREOI" AS IG 77 CALCULATED BY LATITUDES AND DEPN(9URF�$WAS NEIGHBORHOOD ECTI 9, PLAT 26\ ST. JAMES DEVELOPMENT CO. LLC GREATER THAN 1.10,000; THAT THE•'AREA(S r i. / COMPUTED BY COORDINATE METH00i:THAT hH1 ,PLAT WAS -� ` t\ �IJ PREPARED IN ACCORDANCE WITH G.S. 47- AMENDED. C7 LOT 17 \V' St 1 C IRF WITNESS MY ORIGINAL SIGNATURE.REGISTRATION ��' BY: �- NUMB _AN SEAL THIS THE-yL-DAY OF-141& f' y, L I�. _ \ / ,�yT•� G / MANAGER/AUTHORIZED AGENT A-D....L�• 0.40 'va - �L- 82 a� ACRES w •-i, `►t PROFESSIONAL LAND SURVEYOR. L-3727 -- LOT 18 b� 0.39 L ACRES =r 3.27 ° E TS15 SURVEY CREATES A SUBDIVISION OF LAND , p 83 '� ' L2 ,•��+.D sL10 WITHIN THE AREA OF A COUNTY E ULATEMUNICIPALITY R V �_M��fJ THAT HAS AN ORDINANCE//E THAT REGULATES PARCELS 't �•fjj 0.36 ' R " OF LAND / 1 F'AF, ac y. ACRES CONTROL MONUMENT `�'" ------ -^ / L-3. 7 N 73,W1.61 (HAD 83) MI,i�TNI,R.SIPUGHT00001XXX�jjj'''' E 2,272,446.00 PRdiE551ON' LAND/$1JRVEVOR \ rna 84 0.37 THE RESERVE CLUB AT T I. ACRES CON T f5 FOR THIS PROPERTY HAVE LOT 38 ST. JAMES PLANTATION, LLC �^; BEEN'REVIEWED D APPROVED BY THE COUNTY \ ENGRIEER'.W A ANCE WITH ARTICLE I OF S 817g•0 ---- y 8.E CONTROL ?: THE gI W1CIS.);pUNTY SUBDIVISION ORDINNANCE. r�1L 13.08 N072.88771.63(NAD 83) p n_ li; BANCROFT I ' 85 E 2,272,308.00 `- NEIGHBORHOOD 0.3� 6 �: } �? i n COUNTY R SECTION 9, PLAT 2E 'A ACRES u � SIN., • '�'� 1rA+.g4 1i_il i NOTES: V TURF S�yO'41" W �� F', 1 ; I. THE ZONING 00'THIS`-TRACT IS R-7SD0. THIS PLAT IS PART OF A POD. L1 ;tn 2 SITE CALCII'ATIOI=;,,T07AL ACREAGE OF TRACT DIVIDED IS LOT 39 IkF _ - LINE TABLE CURVE TABLE 1.89 ACAtS; NUMBER OF LOTS CREATED IS 5; DENSITY " c:' `�ADIOS ARC CHORD BEARING CHORD LINE DIRECTION LENGTH DELTA 1178 IS 0.39 UNITS PER ACRE; LINEAR FEET OF STREETS IS FLOOD It S ECTIO 4' W LENGTH rs` C1 30.00 11.78 7'3' 12426 3. ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD .�70.00 125.39 '45'1 'E HAZARD AREA. S 37'24'W 7�:1 C3 Y 70.00 112.12 S -47' 111.32 4. THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT / - 81 Iy C4 4' 1'•- •00 103.05 S 39 2' "W 102.70 CO., LLC P.O. BOX 10879, SOU THPORT, NORTH CAROLINA 2846t L4 40'1 '1a" W i F --Do 31.23 50T3'4"W 31.22 THE 2`•T. JA1• •I LS S 1 h '3 "W 70 4 a �" CS 4 12" 1 5. THE 253 JAMES PLANTATION NAME IS A SERVICE MARK. 1r• '• 77. '� --^D C6 19 '0" 270.00 89.62 UNAUTHORIZED USE IS NOT PERMITTED. L7 S ry1'11" W Rio � C7 3W4'04" 270.00 145.15 S 87'07'54' 143.41 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE YNtBILApNMRRRKRl18lIIFRID C' La 31 O'3 'W 229 ,.`1 41-`y ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED F011RAANHAIROINW4LLYAND I L9 1 0'3 W 21.7 r' BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': "AS OM APPROM FOR L10 42'49'E 15.2 ti+ .<`' CORNER SIDE 15'.REAR 30'.REAR ALONG GOLF COURSE 40. RABHAEMIROILYWYNR 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE ODIIIFFYlM (�J,1� RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS - , APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY L' 4 REGISTRY, B.IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT. ►tl1 �VAL REQUI O EASEMENTS FOR DRAINAGE AND UTILITIES ON ALL LOTS, AS MORE PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS b D APPLICABLE TO THIS PLAT, ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT LOT LINES; 5'INSIDE ALL SIDE LOT LINES; 5'NSIDE REAR LOT LINES IF `� { CL,EgK:3RUN�`t%I+�•`''•"er'' THE LOT HAS AN ABUTTING LOT TO THE REAR; 10' INSIDE REAR LOT LINES I,f �•, )`• ",f' IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. "' PL1TdNING�� {� 9. EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE - nA'(C• 7 A1rl� �y PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION ,!`�� r' ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. f /N GGaY/r't/ RENEW OFFICER OF 1 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTCULARY REGULATION AND JURISDICTION OF BRUNSWICK COUNTY L .•,.. U; r•' PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO unJ PONDS. DEED. WINCH TITS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY .(�7� ARE RESERVED 1117}IM AND 15'WTWARO FROM THE EDGE OF ALL LAKES AND REQUIREMENTS FOR RECORDING. n7 ST.JAMES DEVELOPMENT CO.,LLC // y�• (�',�' SCALE: 1" 100' IN AGER/AUTHORIZED AGENT REVIEW OFFICER 200 300 DATE REVISION INITIAL t THE RESERVE '� BANCROFT IO I NEIGHBORHOOD l(.l) PLNTAT TOWN OF SECTION 9, PLAT 2C LOCKWOOD FOLLY ST. JAMES 3987 BUS. HWY. 17 EAST TOWNSHIP �� NORTH CAROLINA DWG NAME: VS101-012500035 BOLIVIA, NC 28422 BRUNSWICK COUNTY PROJECT NUMBER: 01250-0035 PHONE910-253-6622 FAX:910-253-6634IONSM DATE:3/12/04 SCALE: 1'=100 (�1 REVISION; CHECKED BY:MRS DRAWN BY:RDT FIELD BOOK; Internet Site: http://www.mckimcreed.cor--wn DATE: Brunswick Oatmty-Register of Deeds Robert J. Robinson Inst #205225 Book 1925' 895 04/13/2004 02:55:20pm Rec# ktr tt TOYALr �-- REll ?C#..s•�- REC1i _ K AMI CKt— r ARSH ��OcF ® By41 Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9,Plat 2C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY HIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of UA r'i 1 2004, by St. James Development Co., LLC, a North Carolina limited lia ility company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2C, St.James Plantation, recorded in Map Cabinet 3 0 , Page / 5 _, Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139581_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAK (Without Title Search) 1 I Inst # 205225 Book 1925Page: 896 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395811 -2 - Inst # 205225 Book 1925Page: 897 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shrill be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395811 -3 - Inst # 205225 Book 1925Page: 898 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street;provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395811 -4- Inst # 205225 Book 1925Page: 899 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built on area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395811 -5- Inst # 205225 Book 1925Page: 900 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet Swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources, Division of Water Quality. 1395811 - 6- Inst # 205225 Book 1925Page: 901 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 139581_1 -7 - Inst # 205225 Book 1925Page: 902 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: G� ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. pUsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the_L�3 day of ,20"1 (Notary Seal) ,..:• , ",,,,,, - 0 Lllv''�, BSc`'�01 PA Y Notary PubUic My Commission Expis: z ri STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificates)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. dam. ROW J.R INSON,Register of Deeds 1395811 - 8- Brunswick County---Register of Deeds Robert J. Robinson Inst #205224 Book 1925Pwe 892 04/13/2004 02:54:39im Rec# Q 4LT TC#� TOTAL RE ND REC# CK AMA CK#�. ocF sP� BY!�`� Amendment to Master Declaration of Covenants,Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 2C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY t THIS AMENDMENT TO MASTER DECLARATION is made as of t 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2C, St.James Plantation, recorded in Map Cabinet 3 0 Page 1 5 Brunswick County Registry(the"Lots"). WHEREAS, Fast St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has bccn assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. Jaynes in each instance; 139576_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) s Inst # 205224 Book 1925Page: 893 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ,edo �—... ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, Aq a Notary Public of said County and State, certify that JOHN ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this/,k day of ,20 0 •��•�uunua""� (Notary Seal) •.%•`•• DAw/v' c�0 lypz,99 z 73 Notary lic � My Commission Expires: Sn .,. !"c �s 0 1395761 -2- Inst # 205224 Hook 1925Page: 894 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: --- ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, L'24A-- , a Notary Public of said County and State, certify that JOHN A.ATKINSON, JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES, INC., a corporation, and that he as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of 20&t. (Notary Seal) ,,tptlf Ufllffpf••' 1 Q Notary Public My Commission Expires: tAOTq C�iIS =m e �� �emu, �Bl,IG 2vS %`fie ;.•' k C0%3 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING 1 Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. To ROE J.RO INSON,Register of Deeds 1395761 -3 - Mktg FI CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST. JAM OPMENT CO LLC. ('OWNER'),BY RECORDATION OF THIS r PLAT, 'DIE CERTAIN AREAS OF LAND SHOWN HEREON AS C A.` E ON AREA EXPRESSLY IS NOT DEDICATED HEREBY rnf� FOR U RAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES ' PLAN[A PR OWNERS'ASSOCIATION,INC. ("THE ASSOCIATION') �oatas nu aw. FOR IN"*AID(CA JOYMENT OF PROPERTY OWNERS IN ST, JAMES BrUnSWICk Count l.stet of Deeds PLANTATXK,Sft50ff TO THE CONDITIONS AND RESERVATIONS SET FORTH County--Register IN THEM DF'�1ARATION OF COVENANTS,CONDI7IONS AND RESTRICTIONS y� Robert 01J. Robinson FOR 5T. NTATION DATED NOVEMBER 26. 1"0 AND RECORDED Ni in5t 94010 Book 30tPa4e 16 » c1 BOOK 839��,•3• BRUNSWICK COUNTY REGISTRY,AS AMENDED. WHICH yy.aucs •,nos r" 04/13/2004 02:51;39pn ReLl ` ''(.11 �: MASTER DB,r,C1R IS HEREBY INCORPORATED AND MADE A PART OF wwrneon THIS PUT.'-'�-'' "a•ano OWNER HEIIEB GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION �'mPK"r t BELLSOU*OR=7pLANTIC TELEPHONE MEMBERSHIP CORPORATION. CABLE TV 1,�•;; '�K n'n 2,` I ROYID0k-_ASlM5tGNATED BY ASSOCIATION, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS"ONEXCLUSIVE EASEMENT TO INSTALL, MAINTAIN AND SERVICE ''`� •V'� "� 7HEIR`OESPECVX')UMES, WIRES,CONDL47S AND PIPES WITHIN THE COMMON AREA VICINITY MAP 6P FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED n;�, .���• IN THE MASTER DECLARATION), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE,PROVIDED THAT SUCH RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. z _; `;.-•, L-^� b OWNER RESERVES FOR ITSELF,175 SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE BRUNSWICK COUNTY, NORTH CAROIWiA BANCROFT I '.� , +� LOT 27 LOT 11 RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND 1, MARTIN R. STOUGHTON.PLS L-3727, € Cm ACROSS THE COMMON AREA,AND FOR THE INSTALLATION AWE) OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY NEIGHBORHOOD LOT 26 DRAINAGE FACIU71ES AND UTILITIES(INCLUDING IRRIGATION)IN THE COMMON AREA. SUPERVISION FROM AN ACTUAL SURVEY MADE �' - .-.• SECTION 9, PLAT 1A AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT, IN THE UNDER MY SUN'ERNSION FROM INFORMATION u r rl MC 29, PC. 38 O j~ ` MASTER DECLARATION, OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND (OR) MAPS LOT 25 8 W J( -� APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT: THAT LINES NOT •�.- "� 1 , 1 BRUNSWICK COUNTY REGISTRY,WHICH ipGHT WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES ASSIGNED IN WHOLE OR IN PART. � � AND HERE PLOTTED FROM INFORMATION AS NOTED ji\ ` LOT 24 w nl p U. LOT 24 ON THE PLAT; THAT THE RATIO OF PRECISION AS BA T+I •F' ST. JAMES DEVELOPMENT CO.LLC '� �-- CALCULATED BY LATITUDES AND DEPARTURES WAS NEIGH - _• D nj ._� :u\ �µ s GREATER THAN 1:10,000; THAT THE AREA IS LOT 23 28 L COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS SECTION g=.fLAT 1B \ 1 d o` 0.45 - r',r 1 y; r;, `-•,e 9 ' BY: _?._� '" ^� WITNE$S MYNORIGINALSIGNATURf G.S. EGISTRATION AMENDED. ACRES C,_i; BANCROFT II /� S3 u MANAGER/AUTHORIZED MI EY(i NUM SEAL THIS THE_ Y OF ` ; LOT 22 VT6' r, _-e��_-_ E a 1 � 'OT 23 NEIGHBORHOOD ,,>,, �-� .M,Mu A.D., �. .' �7 1\ SI>>tA9 29 SECTION 9, PLAT 28L !: T► 0.37 MC 29.PG. 393 +�s- LOT '2T 1.4 30 ACRES Gg �'r' eJ / (r" •• ' PRd�ApLAND SURVEYOR.---- L-3727 c` 0.3E s . a. � ACRES ': _7 E �I LOT 20 ` 31 - f O C Iti- LOT 22 y:•p �u�ff THIS1RUEY S A 9UBOIVISION OF LAND k 0.41 �. 4 - - % `i 'S7i •F'� WITHIN•..•7 A COUNTY OR MUNICIPALITY ACRES C / AUN65 ( CE THAT REGULATES PARCELS OF LINE TABLE _ lvv 32 CV1 0.35 ACRES LOT 21 LINE DIRECTION LENGTH MARTIN TTT000��� L-3727 ---- n S 0.48 35 L1 N 41.25"03"E 89.58 PROFESS10N�AL,LAND�l1RNEYOR 6? ACRES L2 N r46'3o'E 5&41 _' /L PUD BUFFER I^ �i• 0.32 ' L3 N 2r4G'3T E 25.00 ' (GREEN SPACE) he OA/y *7 n ACRES N� L4 49.21 CON9TRUCTi�LANS FOR THIS PROPERTY HAVE jA• qp, 34 Nam' LS S 20Yi0 W W 25.20 BEEN•RENEWER, NO APPROVED BY THE COUNTY LOT 17 / Nr 4fq M C14 0.38 , 4 L6 25.89 THE BRUNSWICK COUNTY SUBDDIIVI/SION ORDINANCE. ACRES 3, ACRES h5 L7 N 28U0'06"E 49.21 / S°� \ L8 N 71.31 -- ----------------- n / LOT 16 A t �� L9 N o8'21'58"f 1 73.21 COUNTY ENGINEER PHASE M M I ,"DYs 33 SECTION 33, PLAT 1 / LOT 15 0.40 - MC 22,PG 315 I ACRES ST. JAMES NOTES. r j CONTROL �. •1 7 .8, DEVELOPMENT CO., LLC 1. THE ZONING OF THIS TRACT 1$ R-7500. iH15 PLAT IS PART OF A PUD. - 7 .:RDELTA CURVE TABLE 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS ' N 73.12NT �_I �E`S (FUTURE DEVELOPMENT) -1 'AANGLE RADIUS ARC CHORD BEARING CHORD 4.34 ACRES; NUMBER OF LOTS CREATED IS 9; DENSITY .Ij;I� .•- E 2,271,265.61 C7 �, �' ??,t f"••-L� '14' 430.OD 75.83 318'51'W 75.73 IS 48 UNITS PER ACRE: LINEAR FEET OF STREETS IS 352.40'+/-.3. ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOODq- ^u •°: 1 n 7.1 430.DD 102.23 'E 101.95 HAZARD AREA.ICONTROL ��' 0' 430.00 115.18 3 1' 114.85 II( n+ 4. THE OVWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT .-MONUMENT ,)) .a1 '44' 25,00 32.05 30.55 CO., LLC P.O. BOX 10879, SOUIHPORT, NORTH CAROUNA 28481 N 73.021.61 (NAD 83) r '01' 200.00 67.78 '44"W 67.45 (910)253-3001. JAMES E 2.271.462.97 xi'00' 200.00 14.31 5 Szro3' 14.31 5. THE ST. JAMES PLANTATION NAME IS A SERVICE MARKDEV ref NT CO., LLC i UNAUTHORIZED USE IS NOT PERMITTED.�-L � '31'28" 275.00 88.91 1 '57" 88.52 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THISTHE PLAN NAB�lNREVIEXED {FlI'IL7R VELOPMENT) �lA 1' 7' 275.00 25.51 N 7117'24' 26.50 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE �L"r,"'^'^�-' C9 17' 225.00 69.94 S W 69-65 FOREAIREMTiONLYAND �l j ITV{IPP��I�IX RE'JIIi11tU {Ci� ARCHITECTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED NAf�f m FM �. II � � C10 7'4S " 225,OD 30.35 S 5272'45' 30,33 BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': L4$Ek E411B ONLY BY THE !r a � , Cl l 0W 46' 50.00 25,10 7'17'E 24,94 CORNER SIDE 15'. REAR 30'. COUNTYB19111�R ryA V' _; A• C12 , 2" 50.00 23,03 S 6411'597 W 22.83 7, MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE ! I I N"r. i n<` r-7. C13 1 50.00 90.89 78,76 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS •�i�9Kp,��B�R�II��NSR4innrr��''{ ,l•;V�'�', APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY ' PIMhG MUA11U I C15 50,00 27.86 57 N 791'14' 27.50 S. IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT. VA7e �/ef[Zoo -nl_L: -7 f C16 674S55" 50.00 53.87 S 3MS'Nr W 51.30 EASEMENTS FOR DRAINAGE AND U71LTITES ON ALL LOTS, AS MORE C17 1 '1 ' 175.00 39.1E S 67*3MW39.38 PARTICULARLY PROVIDED IN THE RES7ftICT�yE COVENANTS °- C18 m7vml a 202 9121 30'11"E 92.89 APPLICABLE TO THIS PLAT. ARE RESERVED }S,DDLL 5'INSIDE FRONT C19 r 32300 4320 4317 LOT LINES; 5' INSIDE ALL SIDE LOT LIES: S','d.MM lLE' AR.LOT LINES If THE LOT HAS AN ABUTTING LOT TO THE REAk;'10' II DE:41EAR LOT LINES 3 C20 1 1 ' 150.001 34.62 34.54 IF THE LOT DOES NOT HAVE AN ABUTTING Lq{e0 REAR. i THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE C21 1 30.QD 54.92 N 67'25'47" 47.5E 9. EASEMENTS FOR PATHWAYS ON ALL LO75,*S-,MO_tE I RTICULARLY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION FRONDED IN THE RESTRICTIVE COVENANTS A C 0 THIS PLAT, REGULATION AND JURISDICTION OF BRUNSWICK COUNTY 1,L'�/��' N�� - REVIEW OFFICER OF ARE RESERVED 15' INSIDE ALL LOT LINE$A UT A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, iOR WARTICULARY DEED. WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS AP TO THIS PLAT, REQUIREMENTS FOR RECORDING. ARE RESERVED WITHIN MID 15'OUTWARD FROM THE EDG*' '-/J(ES AND PONDS. ST. JAMES DEVELOPMENT CO.. LLC 1 SCALE' 1" = 100' MANAGER/AUTHORIZED AGENT RENEW OFFICER p 50 100 200 300 DATE REVISION INITIAL THE RESERVE 4wmm&CREM �_ BANCROFT I NEIGHBORHOOD 3987 BUS. HWY. 17 EAST LOCKWDOD FOLLY TOWN OF SECTION 9, PLAT 2D TOWNSHIP ST. ST. JAMES BOLIVIA. NC 28422 ' -253-6634 BRUNSWICK COUNTY NORTH CARDLINA DWG NAME: 01250003E PHONE:910-253-6622 FAX:910 PLANTATIq� PROJECT NUMBER: 01250-003 6 DATE: 3/10/04 SCALE: 1"=100' Internet Site: http://www.mckimcreed.com �v9 REVISION: CHECKED DY:AIRS P'// DATE: ' r = DRAWN BY:ROT FIELD BOOK: Brunswick CmmtY-ftP9astEw r Lae 1EObert J. Bnbitmcm CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS IOst#4088 ' Book 30Page 117 ST. JAMES DEVELOPMENT CO U.G.("OWNER"). BY RECORDATION OF THIS 05/11/2009 09:58:36mn ITedl TR PLAT, HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS �0r COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY p ' FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES uolfa0rs ple e�w. fiG)PPROVAL REQUIRE) + PLANTATION PROPERTY OWNERS' ASSOCIATION, INC.("THE ASSOCIATION") it FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES a` h/+Mo PLANTATION.SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH IN THE MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS I CLERK,BRUNSWICK COUNTY j FOR ST, JAMES PLANTATION DATED NOVEMBER 26. 1990 AND RECORDED IN PIANNIN&BOARD I BOOK 839. PACE 453,BRUNSWICK COUNTY REGISTRY, AS AMENDED, WHICH r I MASTER DEQARATION IS HEREBY IYCORPORATED AND MADE A PART OF vlurr+mv DATA: 6-4r.20PV THIS PLAT. ,aM no OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATIONK1,I w'JrftAl BELLSOUTH OR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION. CABLE TV PRDVIOFR AS DESIGNATED BY ASSOCIATION. AND THEIR RESPLCTIVE SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT TO INSTALL• MAINTAIN AND SERVICE THEIR RESPECTIVE LINES, WIRES, CONDUITS AND PIPES WTHI.N THE COMMON AREA VICINITY MAP FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED IN THE MASTER DECLARATION). TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE. PROVIDED THAT SUCH 3 RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH g 1 I a THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. Jot LOT 27 b OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS, A NONExCLU51 Ve , BRUNSWICK COUNTY, NORTH CAROLINA BANCROFT I LOT 11 RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND I,MARTIN R. STOUGHTON, PLS L-3727, NEIGHBORHOOD •�� to ACROSS THE COMMON AREA, AND*'OR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY i LOT 26 > DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION) IN THE COMMON AREA, SUPERVISION FROM AN ACTUAL SURVEY MADE SECTION 9, PLAT lA 1 l {___ AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT. IN THL UNDER NY SUPERVISION FROM INFORMATION MC 29. PG. 3B ( O I MASTER DECLARATION.OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND (OR) MAPS 1 LOT 25 LB Li ' APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT; THAT LINES NOT BRUNSWICK COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES LOT 24 24 �' 1�0 O� a , ASSIGNED IN WHOLE OR.IN PART. AND WVFRE PLOTTED FROM INFORMA-ION AS NOTED LOT p \ \ qy, a ST ON THE'LAT; THAT THE RATIO OF PRECISION AS `_ . JAMES DEVELOPMENT CO . LLC CALCULATED BY LAP7UDE5 AN) DEPARTURES WAS BANCROFTI D0;5A'Jg" I_-�- GREATER THAN 1:10,O THAT THE AREA IS NEIGHBORHOOD LOT 23 g 28 COMPUTED BY COORDINATE METHOD; THAT THIS PLA-WAS SECTION 9, PLAT 1B ` ` d N 0.45 / �.^- PREPARED IN ACCORDANCE MIH G.S. 47-30 AS AMENDED. I 1 ACRES I BV° -" __ WITNESS MY ORIGINAL SIGNATU2 , REGISTRATION LOT 22 , 1`„Elry6 y2 WSS3 O I BANCROFT II MANAGER/AUTHORIZED AGENT NUMBER,AND SEAL THIS THE��_7AY OF_�� L'___ �r°� LOT 23 NEIGHBORHOOD A.D.,-�-Y L9 N , SECTION 9, PLAT 28 W LOT 21 5W 30 ;�.� ACRES GS Gk ' J NO 29. PG. 393 �L/� i y PROFESSONAL LAID SIIRVEYOF L-3727----- s> u ACRES .8 ; LOT 20 ,� L 31 �I # 1 �` o C2J ` LOI 22 .F! e, 0.41 •,0`r\ O G1' �:':.� „r THIS SURVEY CREATES A SU VISION OF LAND E•r WITHIN THE AREA OF A COUNTY OR MUNICIPALITY 01� ACRES 4 G8 4O �9 , ."4{,;'A;'--`�.'.I.���•'��„?" THAT HAS AN ORDINANCE THAT REGULATES PARCELS OP LAND. LINE TABLE _ 32 G GAT LINE DIRECTION LENGTH MARTIN R. STCITGHTON L-3727 -� ACRES \ LOT 21 0.48 b 35 N 41 '03"E 89.58 PROFESSIONAL LAND SURVEYOR - / L2 N 2746'30"E 56.41 PUD BUFFER 0. 1'. ACRES 3 COAREAMMON " 0.32�� � \ L3 N 7 25.00 (GREEN SPACE) H PRIVAr ACRL$ P eySO RN L4 N " E 49.21 CONSTRUCTION PLANS FOR TN6 PROPERTY HAVE y7. >o STREET 34 p Jj� ,� L5 5 W'14" 25.20 BEEN RENEWED AND APPROVED BY THE COUNTY LOT 17 / p A)FE` `W \ " ENGINEER IN ACCORDANCE WITH ARTICLE VIII OF A Cl ACRES 9 L6 N 2" ' 25.89 ACRE$ � •°75` L7 N 28 O6" E 49.21 THE BRUNSWICK COUNTY SUBD VISION ORDINANCE. Le N 8 71.21 PHASE IS[ / LOT 16 v Y I f4�`CI'r 33 l•.ry`A6'. S ` L9 73.21 COUNTY ENGINEER LOT 15 - T--y_-_ SECTION 33, PLA7 1 s 0.40 MC 22, PG. 315 / '39. ACRES 0 s ST. JAMES NOTES: CONTROL J/ -� NUJ ?e f DEVELOPMENT CO., LLC I. THE ZONING OF THIS TRACT IS R-1500.THIS PLAT IS PAR!OF A PUD. MONUMENT 4- / 395s"gQpE�s+/88, "+ 'FUTURE DEVELOPMENT) CURVE TABLE 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS N 73.125.45(NAD 83) �� ly? DELTA ANGLE RADIUS ARC CHORD BEARING CHORD .348 ACRES: NUMBER OF LOTS OF STREETS DIS159: DENSITY ENSI Y E 2,271,265.91 V ?3 C1 10 6'1 " 430.00 75.83 S D3'1 1" W 75-75 24 � C2 1 '3718" 430.0D 102.23 08' 'S4"E 101.9R 3. ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD �'." vCONIROL C3 0'56" 43QDD 115.19 S 23 '01" E 114.85 HAZARD AREA. 4. THE OVMER OF THIS TRACT IS ST. JAMES DEVELOPMENT /a0 h st MONUMENT C4 75ry '44' 25.00 32.86 N 35 8' E 3D.55 CO., LLC P.O. BOX 10879. SOUTHPORT. NORTH CAROLINA 28451 /R N 73.021.61 (NAD 83) C5 19-2601 200.00 67.78 " W 57.45 (910)253-3001. 'y ST. JAMES E 2.271.452.97 C6 4"0'00" 2DO.00 14.31 S 52'03'13" W 14.31 5. HE ST. JAMES PLANTATION NAME IS A SERVICE MARK. DEVELOPMENT CO., LLC C7 18.31' " 275.00 88.91 N 59'1S'S7" f 88.51 UNAUTHORIZED USE IS NOT PERMITTED. (FUTURE DEVELOPMENT) CB 7" 27S.00 26.57 N 7T'17'24"E 26.50 S. MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS C9 17'48'32' 275.00 26.51 S 6SD8'ST" W 26.50 PLAY ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED CID 7-43'43" 225,00 30.35 S52'22'45" W 30.33 BY APPLICABLE ZONING REOUIREMEYIS): FRONT 30': SIDE 10% C71 28'5 '46" 50.130 25.20 N 62-57'17" 9 24,94 CORNER SIDE 15'. REAR 30', C12 2623'22" 50.00 2103 S 5411'59' W 22.83 7 MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE _ THIS PLAN HAS BEEN REVIEWED C13 1 .3 '07" 50.01) 90.69 S OM7'16"E /8.76 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS FOR EASEMENTS ONLY AND C14 _ �5.45'53" 50.D0 B3.57 N 79-12'14"E 74.16 APPLICABLE TO THIS PLAT TO BE RECORDCO IN THE BRUNSWICK COUNTY REGISTRY. HAS BEEN APPROVED FOR CI5 31'56'IB" 50.00 27.86 N 1 1'3 27.50 8 IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, EASEMENTS ONLY BY THE CI6 61'43' " 50.00 53.87 s 30*2 59' w 51.30 EASEMENTS FOR DRAINAGE AND UTLTITES ON ALL LOTS. AS MORE COUNTY ENGINEER CI7 12 J5,1 " 175.130 39.4E S 67'5' " W 39.3E PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS C18 IgS'5" 325.00 93.21 A ' 11"E 92.89 APPLICABLE TO THIS PLAT, ARE RESERVED AS FOLLOWS: 5 INSIDE FRONT -- ---••- C19 326.00 43.20 'q3" 43.11 LOT LINES; 5' INSIDE ALL SIDE LOT LINES; 5'INSIDE REAR LOT LINES IF THE LOT HAS AN ABUTTING LOT TO THE REAR; 10'INSIDE REAR LOT LINES • C20 13-13-25-1 150.001 34.62 S 56*36'55'W 34,5A IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. THE UNDERSIGNED HEFEBY ACKNOWLEDGES THAT THE C21 104*53'09*1 30.001 54.92 N 7'25'47'W 47.5E 9. EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO TAIS PLAT, REGULATION AND JURISDICTION Or IIRUNSVACK COUNTY I, SMJN �• `CA•// REVIEW OFFICER OF ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTICILARY PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, DEED. WHICH TERM CERTIFICATION IS MEETS ALL STATUTORY PROVIDED RESERVED MINN AND 15'OUTWARD FROM THE EDGE OF ALL LAKES AND PONDS. REOUIREMEN TS FOR RECORDING. .ST. JAMES PMENT CO.,LLC Ii. THIS PLAT SUPERC'DES THE PLAT PREVIOUSLY RECORDED N MC 30. � 0� ® SCALE; 1° = 100' Pc. 16.Ry � r: MANAGER/AUTHORIZED AGENT REVIEW OFFICER 0 50 100 200 300 DATE REVISION (INITIAL THE RESERVE r �Not MIOM&=D BANCROFT I NEIGHBORHOOD 4 v 3987 BUS. HWY. 17 EAST LOCKIJOQD FOLLY TOWN OF SECTION 9, PLAT 20 BOLIVIA, NC 28422 TOWNSHIP • ST, JAMES PHONE:910-253-6622 FAX:910-253-6634 BRUNSWICK COUNTY 1�LANTATIO\1 NORT>, CAROLINA DINGPRO NAME: VSIOI-012500036 0 003E ;M DATE: 3/10/04 SCALE: 1"-100' Internet Site: http;//www.mck;rncreed.com REVISION CHECKED BY:MRS DATE: DRAWN BY:ROT FIELD BOOK: I!1 I ) 11� hih.�. �n u�G . !'?•� q: 5�: 3r.. A,�t 21.�! g 1 �� h�l A Je. Bnmsv ick County--Register of Deeds Robert J. Robinson Inst #205227 Book 19 e 9 04/13/2004 02:57:17tm Rec# �'fp� L&T , TOTAL REC# ��CK AMj-� OK ncf ---- BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 2D (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY HIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of f i , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2D, St.James Plantation, recorded in Map Cabinet 30 , Page ) G Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139582_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) r � Inst # 205227 Book 1925Page: 907 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395821 -2- Inst # 205227 Book 1925Page: 908 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 139582_1 -3 - Inst # 205227 Book 1925Page: 909 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395821 -4 Inst # 205227 Book 1925Page: 910 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area ner Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395821 -5 - Znst # 205227 Book 1925Page: 911 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395821 -6- Inst # 205227 Book 1925Page: 912 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (213) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 139582_1 - 7- Inst # 205227 Book 1925Page: 913 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW COUNTY I, c , a Notary Public of said County and State, certify that JO A. ATKINSON, JR. onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of 20Qq. (Notary Seal) t Al!" Notary Public My Commission Expires: 4C a�rA y iz- ,G�s y STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of 1 Notary(ies)Public is(are)Certified to be Correct. 13th Da of A r.1 2004 This Instrument was filed for Registration on this Y r in the Book and page shown on the First Page hereof. RO E J.RO INS N,Register of Deeds 1395821 - 8 Brunswick County-Register of Deeds Robert J. Robinson inst #205226 Book 1925Paae 9 3 04/13/2004 02:56:45pm Rec# 3(0 / 4LT TOTAL RECO BY (�p5H W.= Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve, Section 9,Plat 2D (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as ofotba 1 3 2004, by St. James Development Co., LLC, a North Carolina limited lia ility company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2D, St.James Plantation, recorded in Map Cabinet 3 d Page _, Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment's (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); . WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 139577_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205226 Book 1925Page: 904 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: �� ohn A.Atkinson, Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, , a Notary Public of said County and State, certify that JO A. ATKINS N, JR. bibsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of , 20 �• (Notary Seal) ,.�`�r1 HOC%i�'%, _ �1 a Notary Public U My Commission Expires: 19 B010 1395771 -2 Inst # 205226 Book 1925Page: 905 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: - <-- . ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA. BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON,JR. rsonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of dkj Lj 20L)q . (Notary Seal) so Notary`�,o•PyjN B Notary Publ O �pT�pY My Commission Expires: ° o ` J z /r`� o�1 D pG�k j UB05A CK C ''I,I''l•r,l7llllO```,,• STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of t Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. ` ROhE'P-T J.RO IN ON,Register of Deeds 139577_1 -3 - Bru mdek Comtr-i"letn of Deeds Robert J. Robinson CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS Dot 04419 Book 31Fage 56 ST.JAMES DEVELOPMENT CO U.C.(-OWNER-),BY RECORDATION OF THIS uKA 09/2Z/2004 09:21:23=Rec1 t=1 PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS S -ow COMMON AREA THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY am FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST.JAMES g PLANTATION PROPERTY OWNERS'ASSOCIATION.INC.('THE ASSOCIATION") ■^�4stns wl.e M~' i tin, Cam ••` FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAMES M +\T PLANT.(tTION B,ECT TO THE CONDITIONS AND RESERVATIONS SET FORTH =� IN 7lIE'11A5 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS ' FOR JA PLANTATION DATED NOVEMBER 26,1990 AND RECORDED IN BANCROFT 1 LOT 36 t '��f'- T 21 / B '�39 W93.BRUNSWICK COUNTY REGISTRY.AS AMENDED.WHICH S. NEIGHBORHOOD StSr �/ TMHASIER-BEC( R1 N IS HEREBY INCORPORATED AND MADE A PART OFT^ ~++ �t• SECTION 9 PLAT 2D �'`'6NTROL � � I(��li ✓i MC 30,PG 177 yl.�.,iy MONUMENT / BANCROFT II OWNER�BY����'tFAHIS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION LOT 35 yp - N 73,161.67(MAD 83) NEIGHBORHOOD BELLSOU,TNJOR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION.CABLE TV 2 � Vie' E 2,271.796.30 PROVID 11Ag EOGNATEO BY ASSOCIATION,AND THEIR RESPECTIVE SUCCESSORS 6 SECTION 9, PLAT 2B AND AS5�1���tW_I "ONEXCL.USIVE EASEMENT TO INSTALL,MAINTAIN AND SERVICE S O // MC 29,PG. 393 THEIR RBSPECJ151E UNES.WIRES.CONDUITS AND PIPES WITHIN THE COMMON AREA �\ LOT 34 b 44 �( LOT 20 FDR THE osE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED VCINITY MAP A /A„ / IN THE M DECLARATION). TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) r 0.47 •tj), \ / OVER .Gil7FgN THE COMMON AREA FOR SUCH PURPOSE,PROVIDED THAT SUCH ACRES \ RICHTI=MUST<BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH LOT 33 \ r^.q�' LOT 19 THE m 0 COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. a" 45 ••!'F Q 2 A44,P/LF // OYdNER RES6OES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE BRUNSWICK COUNTY, NORTH CAROLIN 27. c, 't '11 RIGHT OF WAY AND EASEMENT FOR INGRESS.EGRESS AND REGRESS OVER AND 0.36 4r " rF 0 i ACROSS THE COMMON AREA.AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY w ~ ! 6 0• SUPERVISION FROM AN ACTUAL SURVEY MADE N ACRES J LOT 18 DRAINAGE FACILITIES AND UTS AS (INCLUDING DESCRIBED O IN THE COMMON AREA, '+ AND SUCH OTHER EASEMENT'S AS SHOWN OR DESCRIBED ON THIS PLAT,IN THE UNDER MY SUPERVISION FROM INFORMATION CONTROL' MASTER DECLARATION,OR IN THE DECLARATION OF RESTRICTIVE COVENANTS MAPS -_v! !>� •8, v 0.44 ' J ���' _ SHOWN REFERENCED D ON THIS PLAT; (OR)LINES NOT MONUMEN T[q APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE ACRES N 73.001.8/`W,3ADI ) .` ACTUALLY SURVEYED APPEAR AS BROKEN LINES Y 46 ) "E 2.271.97 y - BRUNSWICK COUNTY REGISTRY,WINCH RIGHT OF WAY AND EASEMENTS MAY BE 4� 0.36 ^' t t e-, ASSIGNED IN WHOLE OR IN PART. AND WERE PLOTTED FROM INFORMATION AS NOTED ^r `--� ON THE PLAT; THAT THE RATIO OF PRECISION AS Tr H ACRES - 43 •! 1y 4• r' "1j ST.JAMES DEVELOPMENT CO.LLC CALCULATED BY LATITUDES AND DEPARTURES WAS !*• � 0.38 15 ,_,t. GREATER THAN I:10,D00; THAT THE AREA IS ST. JAMES `� .� NP ACRES �l 65'W n �f'1.� r�� COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS DEVELOPMENT CO., LLC °j 47 ♦ ' c BY: PREPARED YNOACCOR SCE WITH H CREG47-30I AS ON AMENDED. h' G N 816.7/' �' 1 _ + MANAGER/AUTHORIZED AGENT NUMDER.PA SEAL THIS TIE_I DAY (FUTURE DEVELOPMENT) ^ D•36 �+°j W �° X >; ��L A ACRES I80.77 ! AC(�E9; 1'` w m ZS'WATER -;) '". _yl� A.D.. .h h COURSE 42 !! I(-" 'P �..1 `•:,\.,Z.A 4, 6 II �I EASEMENT 0.38 ,p 1 " ACRES 67. - E ~`''1L 41 M SURVF-- ry :." ( 1 PROFES LA SURVEYOR. L-3727 n PUD BUFFER = 48 r o a ^?) �-•� (GREEN SPACE) h�' 0.55 Fy ^ 41 n i� BANCROFT II ACRES 0.33 n nr•d vW 9y ACRES y 40 I r M�sc1A '+ NEIGHBORHOOD ; ,1.p THIS SURVEY CREATES A SUBDIVISION of LAND VO y �, 0.34;r,•, 39 SECTION 9. PLAT 2C ,' ,� WITHIN THE AREA OF A COUNTY OR MUNICIPALITY 'r {7 THAT HAS AN ORDINANCE THAT REGULATES PARCELS V9 F J MC 30,PG. 15 �� 1.41'>D. CrN CI • AL"R$ . g 0. E R R�STv" .'1 .., I_ S •_-.$t, C.� y m' Tyr + 49 1 ACRES 0.47 ��:• C S 14�% M R fATWGHTON �L-3727---- ACRES a MOH ej334T II>,I ...' PIjOF[5511X0L LAND SURVEYOR ({ 1 LOT 60 "ej3�J?P•f'a� 5 14CRES 51 Jr 6D 4RFq fnq?FA ePe Do c #�l ?D > IS '.J 0.36 •!' S �ERI F.•V :::%:.. t CON3TRJC*N'EI.ANS FOR THIS PROPERTY LOT 59 "0 ! 0 97, BEEN: ,'AND APPROVED 8Y TY N !> ACRES n 52 3 / 0 ''-�rA:�#tir'�i B:•y ENO IN TICLE VIII OF � r-r q _ E 1 6> ! 1;' 2 THE NSWILIF CO 'ALL ON ORDNANCE. �- LOT 58 f 7Di3. C 0.33 3 I>b '7 CB CS Jp V.1' �-�'( 1 r ; / NP N OAF r " ACRES t?^ 53 SECTION 32 0.32 .^ ��• N�. •``DER 1y \ MC 2,PG. 274 LOT 57 l �I��Rfq ACRES,. 54 C88 A V 0.33 _ ` NOTES: 'LOT 56 fJ N Biy3jNts ` ACRES \I , CURVE TABLE 1 N� 1. THE ZONNG.�qF 1H1$T11ACT 1S R-7500, THIS PLAT IS PART OF A PUD. LOT 52 ,LOT 53,.' W ?* R DELTA ANGLE RADIUS ARC CHORD BEARING CH _ 2.SITE CALCULATIONSI,TOTAL ACREAGE OF TRACT DIVIDED IS Cl 1• 300.00 61.62 4"E 61. •` 9.55 ACRES; NUMBER OF LOTS CREATED 15 18; DENSITI - SECTION 32B' LOT 54 t\ N 681 7 ST. JAMES C2 1 '52' 43000 82.41 S 3611' "E 822 IS 0.53 UNITS PER ACRE; LINEAR FEET OF STREETS IS 1085.84'+/-. CS 615'44' 430.00 17.00 S 14'4913" 46 9 l 1;,A ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD C� LINE TABLE f WIC 18.PFi lel�' �.� *••3. DFUTU E DEVELOPMENEVELOPMENT CO., C C4 2883Y6' 370.00 186.58 N 33'30'17'W 184.6 1, �f HAZARD AREA. LINE DIRECTION IEN60. / IA - ,i4-THE OWNER OF THIS TRACT IS St JAMES DEVCLOPMCNIP Lt 7 1"w 60.00 _ N C5 1 T 3=00 51.81 1 7'w e1,56,`_: CO L2 W 103.04 ` LOT 55 ` 1 6j7.3 b C6 15 1B' 130.00 26.1E S B613Y3'E 26.14�` � (910)253-30. BOX 10879. SOUTHPORT. NORTH CAROUNA 28461 L3 '4' 25.00 r 8, C7 1 1' 130.00 28.41 7411' 26.36 '-_' 5.THE 5T. JAMES PLANTATION NAME IS A SERVICE MARY.. LI 9•13 LOT 58 C8 713' 26MOO 32.95 6411*52'E 32.93 t, ,c: UNAUTHORIZED USE IS NOT PERMITTED. L3 i 92,45 LOT 59 C9 tY4P33• 26400 62.39 S 53.48'19' 62.44 L-6j 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS L8 N 4 e6.86 SECTION 328 I CIO 1'1 5G.00 40.60 7 3049 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE L7 N 42 78.54 MC 1B.PG. 161 f LOT 60`` CII 41T1619' 100.00 71.74 7 7021:< - ARCHITECTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED L8 5.91 C12 3030'26' 10100 53,83 S 72W335*52'09'E 70. r c,:. BY APPUCABLE ZONING REQUIREMENTS), FRONT 30•: SIDE 10': THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE 1 CORNER SIDE 15',REAR JO'. L9 1 5.23 G13 T45' 100.00 4L06 07TM7 • 46, 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE L10 35.23 LAND SHOWN ON THIS PLAT M WITHIN THE SUBDIVISION C14 46.22.05' 100.00 80.93 S 28141'51'IN 7&'>< RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS REGULATION AND JURISDICTION OF BRUNSWICK COUNTYAPPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY L71 N W 52.03 C15 7' 100.00 5.73 1' S.73 L12 E 00 AND THAT INS PLAT ALLOTMENT IS MY FREE ACT AND INS FOR ENFS ON YANG!REVIEWED REGISTRY. GEED. TOR EIIBBlJ118 ONLY AND C16 •11 ' SO.W b.60 N 1 4' 'E 39.49 8 IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, L13 7' 69 NAB BEEN APPROVED FOR C17 1 19' 260,00 46.89 S 13'48'44'W 46.62 EASEMENTS FOR DRAINAGE AND UTILTITES ON ALL LOTS. AS MORE L14 N 7' Y J ST. JAMES DEVELOPMENT CO..LLC EA8•MEMONLY•VTWE CIB 1 '1 ' 200.00 01.93 1'W 81.59 PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS L15 67'10.1 ' .9 .� BY: COUNTY EMOINLRIt C19 260.00 22.76 7" 22.75 APPUCABLE TO THIS PLAT,ARE RESERVED/S FOLLOWS: 5'INSIDE FRONT L16 7 1 i // / C2D 84'42'12" JO.OD N.3S N OD'20'I6'E b.42 LOT LINES; 5 INSIDE ALL SIDE LOT LINES; 5 INSIDE REAR LOT LINES IF L17 MANAGER/AUTHORIZED AGENT 'ram-` C21 -30.00 17.16 40.42 THE LOT HAS AN ABUTTING LOT TO THE REAR: 10'INSIDE REAR LOT LINES IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. U8 S 6710'15' -^ 50 u C22 200.00 140.70 / 5 W 137.82 9,EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY' L19 S 4'3' C23 49'08'37' 200.00 171.31 S 224T53'E 155.33 PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, L20 7'14' -19.99 I, 13a7•I REVIEW OFFICER OF C24 20 1' - 200.00 71.65 7• 71.26 ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. L21 'L E BRIM COUNTY,CERTIFY THAT THE MAP OR PLAT TO C25 13116' - 70.00 160.38 N 462815"E 127.53 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE,AS MORE PARTICULARY L22 66'44'45'E ••7'21 WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, L23 •N'4 -8 06 REOUNTEMENTS FOR RECORDING. .rl ARE RESERVED WITHIN AND 15'OUTWARD FROM THE EDIT OF ALL LAKES AND PONDS g 11. hNS PLAT SUPERCEDES THE PLAT PREVIOUSLY RECORDED IN MC 30, L241 S b'44'4' +--3.93 SCALE: 1" = 100' � (E3� PG. 211. '77TT REVIEW OFFICER 0 50 100 200 300 �J ��i rl1 R DATE c` "� REVISION INITIAL M & ' 1 THE RESERVE C "s4W k BANCROFT I NEIGHBORHOOD J 3987 BUS. HWY. 17 EAST LCICKWDDD FOLLY TOWN OF SECTIQN g, PLAT 2E il BOLINA, NC 28422 TOWNSHIP �;' • ST. JAMES �r11 91 BRUNSWICK COUNTY NORTH CAROLINA DWG NAM 10-012,500037 L PHONE:910-253-6622 FAX:910-253-6634 r' 1 q' `F�L NTATIONNTATION PROJECT o 0037 GSM DATE:3/10r0$t ;5 SCALE: 1'=100' r" REMSION:1 T-'. CKED BY:MRS `r Internet Site: http://www.mckimcrelHl.com DATE: DRAWN BY:9 D BOOK: IonP Cho 3 t 5e 5� �q �� v q : 1 � ' I .. :•'! 'r t:.^.w -ct!•q?:;L,.r u1 I,t..x1:• 2-1 CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST. JAMES DEVELOPMENT CO U.C.(-OWNER-), BY RECORDATION OF THIS 3 .. / fd!-"' . .r:: '?r•3'• PUT, HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS --� KAYN COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES am rIa PLANTATION PROPERTY OWNERS'ASSOCIATION, INC. ("THE ASSOCIATION") ' FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES W 'I`T .,• 7� PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH IN THE MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS t FOR ST. JAMES PLANTATION DATED NOVEMBER 25. 1990 AND RECORDED IN ^? x BANCROFT I t LOT 36 \ `� LOT 21 / BOOK 839.PAGE 453, BRUNSWICK COUNTY REGISTRY.AS AMENDED, WHICH 3T_ tt ' NEIGHBORHOOD / MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OF putnlmx A�• SECTION 9 PLAT 2D CONTROL / THIS PLAT, ABM �r MC 30, PG. 177 LOT 35 `, MONUMENT ! BANCROFT II OWNER HEREBY GRANTS TO BRU14SVACK ELECTRIC MEMBERSHIP CORPORATION TAL N`�+ - \ 30 N 73.161.67(WAD 83) NEIGHBORHOOD BELLSOUTH OR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION.CABLE TV 2 \ �511'• E 2,271.796.30 PROVIDER AS DESIGNATED BY ASSOCIATION,AND THEIR RESPECTIVE SUCCESSORS E SECTION 9, PLAT 2B u 0 AND ASSI(IIS;A NONEXCLUSIVE EASEMENT TO INSTALL, MAINTAIN AND SERVICE s 1 MC 29,PC. 393 iw z h5 THEIR RESTIVE$VIES, WIRES, CONDUITS AND PIPES DWITHINEVELOPMENT THE COMMON AREA y LOT 34 44 x( LOT 20 FOR THE %%��FF PROVIDING SERVICE WITHIN THE DEVELOPMENT AS DEFINED VICINITY MAP i \ 0.47 Q. / IN THE MA aDEffAROON), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) ti OVER AND 1! ON AREA FOR SUCH PURPOSE,PROVIDED THAT SUCH € ACRES 6, ��\ / RIGHTS MUS Il§ED�A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH z8 LOT 33 \ SS 6 A �'4g'c� LOT 19 THE USE of;` j CAM AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. ��I 7't, 4` 2 J.q� OWNER RESE T F ITS SUCCESSORS AND ASSIGNS.A NONEXCLUSIVE BRUNSWICK COUNTY. NORTH CAROLINA 45 RIGHT OF WA r; MENT FOR INGRESS,EGRESS AND REGRESS OVER AND I,MARTIN R. STOUGHTON.PLS L-3727, �. 0.36 fp0F E ACROSS THE C A1REA. AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY ACRES /$ J 0' \ / LOT 18 DRAINAGE FACI 4AND UTILITIES(INCLUDING IRRIGATION)IN THE CgAMON AREA, SUPERVISIO*FROL1eAN ACTUAL SURVEY MADE i `` AND SUCH OTH ASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT, IN THE UNDER MY SIIPERIJSION FROM INFORMATO�J _ 0.44 , J �'� CONTROL MASTER DECLAF? OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN# BQOKS ND(OR)MARS '1 -' MONUMENT' CF=d„0 �q. 46 ACRES N 73.001.87(WAD 83) APPLICABLE*TNIS7PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE RAECFE�L �. I) . AST UN N ' BRUNSWICK,�6UN�EGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE ` 0 36 ry 3i, E 2,271,973.47 E QQ1H ASSIGNED YJ WHOIF. IN PART. AND WERE INFORMATION 1!A5=N0 ^ L �? `•�� l ON THE T,'hN T E RATIO OF PREC�IOkN ��,` N e ACRES S 43 Bi 'q6 +? ) I*' O 38 ' ST. JAMES DEVELOPMENT CO. LLC CALCULATE LA S AND DEPART'H•I &AS I •B• 1'� 5 GREATER 1:1 4)00; THAT THE AREA::& ST. JAMESs W ACRES A CGMPUTED HATE METHOD; THAT TINS P WAS DEVELOPMENT CO., LLC °�6 47 ,�► ati 38 ' PREPARED INr�Cco ANCE WITH G.S. 47- *MENDED. (FUTURE DEVELOPMENT) yh ~ 0.36 L,y N I '41' W �0 6 0.49 ' BY: WITNESS MY dtlGw�i;SIGNATURE,REGISTRk11 i 160.77 MANAGER/AUTHORIZED AGENT NUMBER AND L THIS THE_�_'1AY QF' w ACRES w I ACRES AO -- ry0 y4• 4 25'WATER I�-•�, '7 >.==COURSE 42 A7 Pan_ 0 3 ~ �• EASEMENT 0.3E ,Q1 86 ,47.E w�I "�N ACRES rV ,� r 67.83 OZ21 PROFES9117NAL LTjNII RVEYOR�PUD BUFFER x 48 - (GREEN SPACE) ^ 0.55 fit^ ,y. _ ; ",L t T L r, ACRES 0.33 ,y 3 ,r i BANCROFT II y: fi27 y N 92 ACRES '� 40 �H,ZCN NEIGHBORHOOD a :9.rf THIS SURVEY CREATES A SUBDIVISION OF LAND 0.34 n^ 39 SECTION 9, PLAT 2C 'R �,�9��pjtT WITHIN THE AREA OF A COUNTY pr MUNICIPALITY 6A•�9 f^ to ••sA A' r3 THAT HAS AN ORDINANCE THAT RZ ES PARCELS S 1 CIO C F y ACRES °' 0.48 V d MC 30.PG. 15 I�C),Q ti '4A OF LAND. 1 49 +1 Qip o- ACRES ~ o.w►� & 0.47 S67S B 3g.T�.I`T7 Cc*4q f , ArVV1111 MARTIN R STOUGHTON-��- �L--37-27ACRES 50 ' 'X MA PROFESSONAL LAND SUR0 ^MIx -- .55 LOT 60Jd"f e l�q ACRES �i 51 3 qp? fq fOM�tge $p0 4 LOT 59/` IO (15 ti 0.36 / AAF S CONSTRUCTION PLANS FOR THIS PROPERTY HAVE ACRES 7. 3 9j' 7 '•�F)7 BEEN REVIEWED AND APPROVED BY THE COUNTY JI, E VIII OF 62 0. L7j h• 52 s? 7 ENGINEER BR IN CK COUNTY SUBDIVISIONORDA14CE WITH CLORDINANCE. LOT €1 7pY1' C y 0.33 08 C5 >d a L tt/ T:;r7 W AMON le ACRES y^ 53 ^ `` -- SECTION 32 ��p .,g I 14 pys AR, U y 0.32 54 V, COUNTY MC 2, PG. 274 ��..,�.J; r f...1 al W 0 ACRES m / ( 66 0.33 3 AC� y ACRES NOTES: S •ry CURVE TABLET V THE ZONING OF THIS TRACT IS R-7500. THIS PLAT 15 PART OF A PUB 56 a� ? h ST. JAMES L t}S LOT 52 ,LOT 53! W ��; r DEVELOPMENT CO., LLC RC1DEl1'w4no' R33000.00 6;62 CHORD24 ARING6'34"E CHORD 2 .-± P*917E CALCULATIONS: TOTAL ACREAGE T TRACT DIVIDED IS lL l ai-� a �, ! J' a 5>)i ACRES; NUMBER OF LOTS CREATED IS TB; DENSITY SECTION 326 t A` LOT 54 , A 8�l y (FUTURE DEVELOPMENT C2 " 430.00 82.41 y1' ffi.29 7 I-I 9.53 UNITS PER ACRE. LINEAR FEET OF STREETS IS 1085.84'+/-. LINE TABLE `f`} MC 18,PG. 161 �� �� BBV�NSS ) C3 6'15'44" 430.00 47.00 4'4'13' 46.97 l' LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD LINE DIRECTION LE N _'} / N' S C4 370.00 188.5E '17' W 184.61 t�--!} ARD AREA. U 7 1 .� N C5 IW3Y " 300.00 81-M N 84.10'37" W 81.5E OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT L2 S 5 W 03.04 LOT 55 S77•lt v LLC P.O. BOX 10579, SOUTHPORT. NORTH CAROLINA 28461 '•.v.�' ` /r3 C6 11 '18" 130.00 26.1E 3'13' E 26.14 10)253-3001. 3 25.00C.� I N, `��� C7 12.31' " 130.00 28.41 4 1'23' E 28.36 iJ 5.; E ST. JAMES PLANTATION NAME IS A SERVICE MARK. 'J ° 'py 9' 9.13 I LOT 58 CB 7'75'39" 260.00 32.95 4-17' 32.93 .1 �';"AUTHORIZED USE IS NOT PERMITTED. 92.25 LOT 59 //�` `�\* C9 1 '4 280.OD 62.59 46'1 ' E 52.44 MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS 2'02'55'E 88.8E ) SECTION 32B I / •�� CIO 1'1 ` 50.00 40.50 N 70 39.49 ,,�C.��PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE ARCHITECTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED JL -+ 14-0 ' ' 78.54 MC 16, PG. 161 LOT 60 C11 41 '19' 100.00 71.74 S 72'S0'32' E 70.21 +."{ 'BY APPLICABLE ZONING REOIJIREMENTS): FRONT 30': SIDE 10': 4 5.91 C12 " 100.00 53.83 S 36.52' ' E 53.1E f�• +`CORNER SIDE 15'. REAR 30'. 19U ' 14.86 THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE C1J '45" 100.OD 47.0E 1:5... ' E 46.63 INIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE L1 4 'W 35.23 LAND SHOWN ON THIS PLAT IS MR71iIN THE SUBDIVISION C14 .0 " 100.00 60.93 8'41 1'W 78.74 STRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS L 1 52.03 REGULATION AND JURISDICTION OF BRUNSWICK COUNTY APPLICABLE TO THIS PLAT TO 8E RECORDED IN THE BRUNSWICK COUNTY AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND C15 3M7.03` 100.00 5.73 S.73 REGISTRY. DEED. Cie 46'31'12' 50.00 40.50 I.N-31'S I• 39.49 Lt t Ll ~N 27' 39.69 TFIIlF'LANlIABBEEl1REVIEYFED e. IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, FOR EASUIRM ONLY AND C17 1 ,19,58" 260.00 46.89 1 46.82 EASEMENTS FOR DRAINAGE AND UTILTITES ON ALL LOTS, AS MORE f; '46' E 16.72 ST, JAMES DEVELOPMENT CO..LLC NOBEENAPPROVEDFOR C18 I '1 " 260.00 81.93 S 1.1 81.59 PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS /.5 '1 ' 30.92 BY, pNLY W TM C19 M0, ' 260.00 Z2.76 S 32' _ 22.75 APPLICABLE TO THIS PLAT.ARE RESERVED AS FOLLOWS: V INSIDE FRONT LIS S 67'10't5"E 45.77 •MANAGER/AUTHORIZED AGENT CO11111YEIIOIA C20 8442'1 30.00 44.35 N '4 E 40.42 LOT LINES; 5'INSIDE ALL SIDE LOT LINES; 5'INSIDE REAR LOT LINES IF f.> L17 .- 7' '1 74.12 C21 0' ' 70.00 47.16 5 10 .Mr 42.45 THE LOT HAS E ABUTTING LOT A THE REAR; 10'TO INSIDE REAR LOT LINES If THIS LOT DOES NOT HAVE AN ABUTTING LOTS OR REAR. L78 S 67'10'1 'E 50.17 C22 40'18'29' 200.00 140.70 � W 137.82 9. EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY 09 S 67"I4' 2'E 3829 +Al C23 4'08'37' 200.00 171.54 S 3" E 18633 PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, L20 714' 91.99 1 'f l�� •"' =� Cs VFFICER OF C2a ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. - '31'30' 200.00 71.54 T_ " E 71.26L1 714' 2'E 17.35 BRUNSWICK COUNTY, CERTFY THAT'MMPL,AT TD �4:y C25 1 t 1 ' 70.00 160.3E Y46 127.53 10-EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTICULARY L22 72.21 YMICH THIS CERIIFlCATION IS AFFIXED 111TORY PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, L23 4a'a ' 90.06 REQUIREMENTS FOR RECORDING.[-, i�� t �, ARE RESERVED k1TIgN AND 15'OUTWARD FROM THE EDGE OF ALL TAXES AND PONDS L24 '44' ' 3.92 / . f _t 7 �L)� .. t L25 S 61'14'32`E 83,34 r� L e 5) y - SCALE: 1" = 100' REVIEW OFFICER 5p 100 200 300 AA C ATE REVISION INITIAL THE RESERVE BANCROFT T NEIGHBORHOOD t a 3987 BU$t HWY.1-EAST �R 51 �; LDCKVDUD FULLY TDVN OF SECTION 9, PLAT 2E u� j ,119 tj BOLIVIA, NC 28422 C..3 L�tJ TDVNSHIP s ST. JAMES ( � " BRUNSVICK COUNTY NDRTH CAROLINA D%''G NAME: VS1 01-01 2 50 0037 `? PHONE:910-253-6622 FAX:910-253-6634 `�� 'IN PLANTATION PROJECT NUMBER: 01250-0037 6_-T WPL_ SM DATE:3/10/04 SCALE: V-100' A•.t:r Internet Site: http://www.mcklmcreed.com REVISION: CHECKED BY:MRS �L>� •fir �: DATE: DRAWN BY:RDT FIELD BOOK: , is►1Clt n Robe>t J� ROb nson istFir vF Deeds rust #2103ss 05 Book Zgg /.1$/200� 08:44:40� Rem#g5� age 882 L(ET TOTAL LREV.- TC# REC# _CK AMI CK -ASH —C'CF BY Declaration of Restrictive Covenants and Eas for St,Jaes Plantation ements m The Reserve,Section 9 (Bancroft I 'Plat 2E NORTH C 8eighhorhood) AROLINA_BRUNS WICK COUNTY S DECLA�T,,ON as ofOF RESTRICTIVE COVENANTS limited11ilit com2004, by St James PanY " evelo Co.') Development Co.,N CS ENh a made a North Carolina �ESSETH: County, N�RECAS, Development Co. is the azolina,and more owner of certain Particularly described as follows:cape located in B All of the Horn Bruns St.James Plantation,tiered lots shown on that plat of The t- antation, recorded in Reserve, Section 9, Brunswick County Regis Map Cabinet Plat 2E, individually as a " (said numbered lots � Page hereinafter referred to as and collectively as the `,Lots" hereinafter referred to the"Plat'), and the aforesaid WHEREAS Plats are James Plantation , that Master Declaration recorded in Book 83 of Covenants, Conditions "Master Declaration" age 453,Brunsck County and Restrictions for St. and Development 1 was executed by First St. JameY Registry as in Book 1178,page t Co. is the assignee ands s, Inc.I ("First St. James( amended, the 529,Brunswick Conn a Partial Assignment of DecIar �,�' as Declarant, t3'Registry; ant's Rights recorded Co, anFirst i WHEREAS J,pursuant to an Amendment to Master been subjected to amen, and to be recordedDeclaration executed b the Master Declaration; in the Brunswick County Registry,Y Develo Oertain additional , and Development the Lot phavet the value covenants, conditions prnent Co. des'and desirability 'fictions and a Tres to subject the Lots to ty of the Lots. easements for the PurPose of protecting SBAAL_141141 1 PIPared by; Schell Bray Aycock Abel&Livin ston P g -L.L.C.{,lq" (Without Title Search) f I Inst Ik 21038G Book 194r)Page: 883 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. SBAAL 141141 1 - 2- I Inst 11 21038E Book 1945Page: 884 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. b. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. SBAAL 141141 1 -3 - I r inst # 210386 Book .1945Vage: 885 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within SBAAL 141141 1 -4- I Inst # 210386 Book 1945Page: 886 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. To the extent that all or any portion of a lake or pond is-located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An casement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot SBAAL 141]41 1 - 5 - i I ' r tnst # 210386 Book 1945Page: 887 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. SBAAL_141141_1 - 6- I Tnsf. #t 210386 Book 1945Page: 888 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] SBAA L 141141 1 - 7 - I Inst: # 210386 Book 194.5Page: 889 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAME,S DEVELOPMENT CO.,LLC By: ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI¢ COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of ,20 (Notary Seal) ♦•�QiOI.IN�".'�aya _ ♦♦� PAY �' Notary Public My Commission Expires: �\ R ------------ t• � \sl\\ STATE OF NORTH CAROL&A COUNTY:OF BRUNSW-iCIf TheForegoing(orannexed Certificate(s)'of :DAWN BOLING Notary lic is(are)Certified( tse,Gorrect. This Instrument vvas filed-for Registration on this 18th Day of May . 2004 in the Book,'and;page shown on th4 First Page hereof: ROIBERT J.RO I SON,Register of Deeds SBAAL 141141 1 - 8 t Brunswick County--Register of Deeds Robert J. Robinson Inst #210385 Book 1945P qe 879 05/18/2004 08:48:50r�m Rec:#1 VB4TL1r 4ET TOTAL V ftECii _,CK AM1,.....•-- CK ",ASH ..d--.k McF BY!M Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2E (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liabi ity company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2E, St.James Plantation, recorded in Map Cabinet _ �, Page 2 j� Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Dcvelopmmt Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; i SBAAL_141140_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) i Mat # 210385 Hook 1945Page: 880 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G'I—--.-.. ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS "CKCOUNTY a Notary Public of said County and State, certify that JOS N, JR. ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of , 20006 Div 41 (Notary Seal) `;40 ti7�- -ZlY Notary Publi Z My Commission Expires �'''a+muBFly a�a SBAAL 141140 1 2 Inst # 210385 Book 1945Page.: 881 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST S T. JAIVIES,INC. By: ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK COUNTY I, , a Notary Public of said County and State, certify that JO . ATKINSON, JR. onally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC., a corporation, and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of ,20 o (Notary Seal) n ,,/j1/91111 I IIIt#+++�+ ON .,1 Notary Public :2 My Commission Expire p `.� u n Q co ro aX Q= '+u+,aleloleB 11�1`' STATE OF.NOBTI CARO'LINA COUNTY U BRUNSWICK The Foregoing(or annexed)CerCificat�(sj:of DAWN 'BOLING rtfede. orrecNotary(ies)Pubari C4s This Instrurrienf wa.sfled; or t: Registration on this. 18t h :Day of May 2004 in the Book-and page'.shown on.thQ First Page.hereof.. ROhEkT J.RO I S N,Register of Deeds; SBAAL 141140 1 -3 t PCA:Ti'�ua . �.,��.y,�� .• - __ i16D1.- - (+LATITATI'pT PRppFNtll'- - ,�O�A�IdI')• - F'OR T+0 711RtT11.: FOR S.JNgll,,N,iW71tA7fw DA7@ 1 i6 AND1 W 5 a BODX TLTe pAOE:'453uAlSftt K AS d1ar. MASTi]t DECLARATION FS'NEREBY'7TCdiPORA 'AND'MAOE A OF wrarni THIS PUT. - •ru'Ap .. Q1� OWNER 11EREDY GRAµTS tD 9RIRISt�01C:FLZMiIC QORPBRATiON BANCROFT II ww nti" r Bfl49OHTH OR A7LAN=IEL00da 1111 60ts'H mArl";'GA41E TV NEIGHBORHOOD 10�� PROVIDER AS.pliStpFAhA BY AtiSffG1111TON:Awp VOR R C111IE SUCCESSORS s o"SECTION 9.1aLA' 2B P��y r P1RP Lp S ) 11T6�p1P C i VIGN1TY MAP I{. c• / v +u161iPAN- ACAIMOii. �iOH.O[QPhSg.� THATSUCHE ..(NOT TO SCALE). ._ . g u` MCIISTE IS.k1u51'��EE uS®:W A IA 7lfA �16 D1AE.A6..POS3lBLF wTN 7HE VSE OF THE COMMON AtTHE� A71DItiUb 7HE UEMB(:RS THEREOF: / OWNER RESERVES.F.OR 175FLF,.ITS SJo E'SM ll7 -A-NO 991LUBIVE 83twsWx COUNTY.A RTH CAROUNA BANCROFT R RIGHT OF WAY AND EA�EwEN1 FOR➢{IXtEB•4.E=%alk` 'OMN AND I:YARVW'R.STOu"DW,'PLQ-"Y27, �P. NEIGHBORHOOD ACROSS THE COU19W AIIBA,.ARD.'FOR THE WSTAtLA 1 - CERTIFY THAT THS PLAT WAS DRAWN'-.VNOER MY CECTION 9, PLAT 2C DRr(RIgsE..FACq�1tFS ANO UTYT7 S. DMI6 NS 1F1E.AREA SUPM AgON FROM AN ACTUAL SURVEY MADE LOT 38 ix ue An Pe rs / NAS7ESR O�p.AW 71aq DR�w 1 E D�ES1.FgA�1ioDN.+DF SII�C1fti£W 'fB - Um*R MY'S�F+ERM5ol1.FRROl4 TIFORV.AIION APPLICABLE W'TMIS PUT..'[0.8E 171E�I,t O 1!Y tlMWER NiD'REPi0RDE0 W THE BRVNSwCK'CAIUNTY REGISTRY NHCN Pof31T OF-WXti.AID EASFGENTS NAT 8E BOOK¢A {f;t!Tm0 WA }..ML11$PSS NOT 4YUALLY wNvE E8 APPE Boak.ows. A5 N WHt7LE OR W PART. AND WM PLOTTED FROM M%tVWAitOb1 AS � _ BANCROFT I ' ON THE?LAT; MAT RE::RATW Off- A5 r'� LOT 85 ST.JAMES DEVELOPMENT CO LLe CALOULATED BY rA sWP9EPAITI �IIB NEIGHBOR HOODTf CORITROLRTAT-TN6; EA'i8 SECTION 9, PLAT 2t I IRF MONUMENT fGREATER.M f f 1R ��gg � '7 OOMPU71<J 8V CAOR!?I!U(.. 1 }IOp,1NAT 1a5' TiBAS'. SAT•E- N 72 78856(NAD 83) C r �� - _ 7 +AFfED IN A ��1R G$,+T7t 0--AS-AMIDII1®.. •� 4 E 2,272,T33.54 BY: y < - TRINESS MY ORNifNirf:5KNA7UIE.- If Z RF 156'9 MANAGER/AUTHORLMO AGENT NL�M6F�.I:ItND SEK'TH65 y�`�S' �Y ar" A.D., LOT 39 ma 0.39 THE RESERVE CLUB AT w ACRES ST. JAMES PLANTATION, LLC _ IRE 87 0.43 ACRES 4 CONDIOL �" THIS SL"V CREATES A TII11V1M-OF 4,MD .. a r MTM THE AREA OP.A CUM-OIR'MUMIGIPALLTY 1 �`�'' MONUMENT �WrwAd� THAT HAS AN ORDINANCE 1HAT11ELVLATES FIARCEIS BANCROFT I w 88 E 2Z727T 93) OF LAND NEIGHBORHOOD 0.40 4 SECTION 9, PLAT 2E , � . . _ �~ !� , ACRES - MARM+9ONAl UCKT $t!R OR L-3727 LOT 54 i 89 LOT 55 N,, ACRES (, �- /LOT 56 GJp 90 \ 0.35 ACRES LOT 57 % LOT 58 so-R ,pry LINE 7 AKE `\ \� BANCROFT I Vice"' LEN NEIGHBORHOOD �` r�•A� ' L2 42.n NOTES:. . II'!� SECTION 9, PLAT 58 f U I. THE ZOWNG OF WA.WACY iS R-7.380.VdP ftAT IS kiJRT'*+k IDB.: ` .,� 2.SITE Ci t=ULAl1DNS:"TTITAL ACKAG€'b'F TttACT m t3 - /LOT 59 J LA 1 94 A[."T MBQR pF L.OTS CREATTCR I S Ul .6? IS.0.86.UFN1-$ ..L�1LAR F4ET.OF S Ts.is•p`: ST..JAMES Le 51 3.ALL"LOTS*004'►iEREQN 7WE IyGT 1ACAlE0 IN / DEVELOPMENT CO., LLC HAZO110AREA- 1M T / /LOT 60 4.11it 1*15 Of TAw TI t^pT_Ns�r �•i►(E9. .ta C.Ts O HCAt T8879, OIt1PIofRr,_r;1pRt1t CKRQI.piA_26AL>I• - N °.. � \\'•..� / LOT 61 / •Lt,D g 5.(YHE �ATJI fS y► "N iS'A'SE7Ry AiildiK:' - s.11etINk kllt}1i.1600.(11NGi'S[ \` \��• , / LOT 82 Lt� y� PLAT.AMfgWS 5l �\ \ By On cOfinRDLimw� �coo"-i�TF>�d4 AF R A LDS,RETS. , T FgRTHTH (�TFIIE'e07. -111R>01dUbF" b. �` A1aPU G 10 9N8 PLkT TO tiE T TiIE 9RWNDS� PRIG \ TA CI'- 2`07111.7 RAOIU'L' yEf e.RN AfJlRTt(iM T�ABY fN? >H9 C23W471 I ml 106 S ifElT EASEiifil5 fQR 6RTdHAf 'AISD,LT/1L7#15HJ 1�A5 '197 TIO 1N- 81. PARTIfH`L1LAR1_Y ff1bV3DE!�-0F'ITH',11AE TREE YtOYEAIA DO T t 106:75 LOT-UNE9:,APOUdAkt ASKF�4,,LLT-s +�- R.LdT<Jh CS 30D:0a TT:67 .. 1T.97 THE LRT'ffi&Tl1+/4 N�l•J!ER.1T18I0 t.OT ; ,..; RE.+'1R 44T.LBIE . L CB' ..30D.00 49.66 4R,60 WIqT IIIE MNDEIlSIp{ED 1lFJffBY ACKNOY0.EOGE3 iNAT THE 9.EA .T+A'IH AS,7mw TOL*l��IS PUT 19-w7FRN RIE,SU8pV19TON4 7!Mv . c.rRr/ REVIEW OFFHCER of R.E' VED T5:,IN .L T L(NE6 PO A Y SOIC11pN OFBRUNBwCK COUNTY Lro ALLOTMENT IS MY FREE ACT AND B WNSIVICK COUNTY,.CERTIFY THAT THE MAP OR PUT TO DPRrnIDtb N1 1 TRfCSNE COWEN7WIS��+OfPLKABLE TO�REQUIWHICH REMENTS"!RECOORDD�/MLT_TS ALL STA7IITg1Y ARE RESE'RVO NIM AND IS'OUTIMM FM THE EDGE OF,tli LAMES Am PONDS. SCALE:.1" 0 100' R AUM) 2ED AGEMT REVIEW OFFICER IRE IRON REBAR FOUND MANAR 0 so 100 200 30D DATE REVISION INITIAL THE RESERVE 4UMM&CREM BANCROFT H NEIGHBORHOOD LOCKWOOD FOLLY TOWN OF SECTION 9, PLAT 2F 3987 BUS. HWY. 17 EAST 3987 , NC 28422 TOWNSHIP • ST. JAMES BOLIDWG NAME: VS101-012500049 PHONE:910-253-6622 FAX:910-253-6634 BRUNswtcx couNrY PLANTATION NQRTH CARDLINA PROJECT NUMBER:01250-0049 SM DATE:7/7/04 SCALE: I"=100' RE41510N: CHECKED BY:MRS p� Internet Site: htip://www.mckmcreed.com DATE: - DRAWN BY:ROT FIELD BOOK: Fh A n at w e . - • - - - ". +• i .- A - -- r Brunswick County—Register of Deeds Robert J. Robinson Inst #220814 Book 1981Page 352 07/19/2004 02:09:51pm Rec# RET G' cx i TOTAL,.YS REy TC#,(-f RED CK AMT CK# CASH REF BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 2F (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY S DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of vl `�t'' , 2004, by St. James Development Co., LLC, a North Carolina limited lia ' 'ty company("Development Co.,,). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2F, St.James Plantation, recorded in Map Cabinet 10_, Page 409- . Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry(as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143794_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAK (Without Title Search) T inst # 220814 Book 1981Page: 353 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437941 -2- Inst # 220814 Book 1981Page: 354 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143794_1 - 3- Inst # 220814 Book 1981Page: 355 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437941 -4- Inst # 220814 Book 1981Page: 356 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond duc to stormwater or other- runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SWS 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area.constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 143794_1 - 5 - Inst # 220814 Book 1981-Page: 351 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co.may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1437941 -6- Inst # 220814 Book 1981Page; 358 25. Amendment. These covenants may be amended at any time by an mstruiucut signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143794_1 -7- Inst # 220814 Book 1981P:age: 359 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY I, ll a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. �k WITNESS m hand and official seal this the day of , 2004. OFFICIAL SEAL° (Notary Seal) Notary Public,North Carolina County of Brunswick DonneT Valk Commisslon Ex ores 2J10/2009 Notary Public My Commission Expires: , to 00 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is (are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July 2004 in the Book and page shown on the First Page hereof. > f kG- RO E J.R I SON,Register of Deeds 1437941 - 8 - Brur��vick County Register of I� s ed Robert J. Robinson Inst #22081.5 Book 1981Page 360 07/19/2004 02:11:20pn Rec# r r-�,70 ,,h - T;�;Ake_REV TO CK AMT CK# CASH _REF By Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2F (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of t` 2004, by St. James Development Co., LLC, a North Carolina limited liabih company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2F, St.James Plantation, recorded in Map Cabinet Page !qQ0- , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.Jaynes in each instance; 143793_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) i Inst # 220815 Book 1981Page: 361 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: '�� John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY 1, �- 7 /" a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. fersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. Q WITNESS my hand and official seal,this r j?day of 20 4, K. No;t0ry ICIAL SEAL'(Notary Seal) blic,North oaroiinoty of BrunswickonnaT Valkission Ex irea 21 012mg Notary Pu lic My Commission Expires: to 00 1437931 -2- lrt,,t # 220815 Book 1981Page: 362 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: ��— John A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK OUNTY I, — J a Notary Public of said County and State, certify that JOHN A. ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the J j�may of J1 20C "O�FFI�CII L SEAL' n (Notary Seal Notary Public,North Carolina County ot Brunswick DonnaT Valk • Commisaionl x 2J1012009 Notary Public My Commission Expires: /d 'Lof.' STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July 2004 in the Book and page shown on the First Page hereof. ' R013EIT J.RO INSON,Register of Deeds 143793_1 -3 - CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS .x ST. JAMES DEVELOPMENT CO LLC, (-OWNER-),BY RECORDATION OF THIS r 'k4 r PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON Wt '- Brunswick County--Register Of Deeds COMMON AREA. THE COMMON AREA EXPRESSLY 15 NOT DEDICATED Y I`. Robert J. Robinson FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO amp IRSt t1652 Hook 3lJ?age 129 PLANTATION PROPERTY OWNERS'ASSOCIATION.INC. ("THE ASSOCIAT 4=) m;A"A�X a.. - FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAM 1 `�+ ].0/05/200� 01:56:0 RecaY i,'•r <- PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET 7�pmRTH IN THE MASTER DECLARATION OF COVENANT'S,CONDITIONS AND RESTRIFOR ST. JAMES PLANTATION DATED NOVEMBER 26. 1990 AND RECORDWrill ; N BOOK 839.PAGE 453. BRUNSWICK COUNTY REGISTRY, AS AMENDED, "WSMASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OIL-, ,- iiTHIS PLAT. f % OWNER HEREBY GRANTS TO BRUNSIMCK ELECTRIC MEMBERSHIP CORPORt. " BELLSg11H OR ATrWTC TELEPHONE MEMBERSHIP CORPORATION, CABLE` PROVIDER AS DESIGNATED BY ASSOCIATION, AND THEIR RESPECTIVE SI7L`C6SSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT TO INSTALL, MAINTAIN A SER,V_ICE HEN!Y'55 T RESPECTIVE LINES,WIRES, CONDUITS AND PIPES WITHIN THE,OMMON` A A FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED VICINITY MAP 1 ,'$ IN THE MASTER DECLARATION),TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE, PROVIDED THAT SUCH �,-�l ' ••:7 \ RIGHTS MUST BE USED NI A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH *- &WCRORT 11 CONTROL THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. NEAa`HQO ODD NO721,49 16(NAB=tB3 %` C•( ) ;� OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS.A NONEXCLUSIVE BR MARTIN COUNTY,NORTH GARDENIA SECTI01`,9,;;- LAT 2F E 2,272,640.53._.-, );, RIGHT OF WAY AND EASEMENT FOR INGRESS.EGRESS AND REGRESS OVER AND 4 MARTIN R. STIXJGHTON, PLS L-3727, MC'' ti1P3H? 4O2 �� `,. + � &:. .. ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY J^�•f.1 ,l_`•' ey.+ +�, a` ,.-a DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)IN THE COMMON AREA. SUPERVISION FROM AN ACTUAL SURVEY MADE LOT 89 r-? J� i;y THE RESERVE CLUB AT AND SUCH O11ffR EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT, IN THE UNDER MY SUPERVISION FROM INFORMATION �•' r^ y� 11 ST. JAMES PLANTATION, LLC MASTER CLA ON. OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND(OR)MAPS LOT 90 r" - '"?' •� �• APPLr-AA TO IS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT; THAT LINES NOT r ,T• BRCK, C Y REGISTRY,WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES ASSIGNS R WI LE R IN PART. AND ON THERE P OTT E THEM RATIO OF PRE AS ISIONOTED AS ST. JAM"�T�SOFNT CO.LLC CALCULATED BY LATITUDES AND DEPARTURES WAS `�I.. 7 A)• U);1 G. GREATER THAN 1:10,000; THAT THE AREA IS COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS / J35 N PREPARED ACCORDANCE NTH G.S. 47-30 AS AMENDED. .` _ •`ACRES R . , BY: r WITNESS MY ORIGINAL SIGNATUR REGISTRATION �,• '� ..•..,. NUMy,AN SEAL THIS THE_ -DAY OF MANAGER/AUTHORIZED AGENT ! ~` 92 IRF rA 0.34 !,.a -•,1 ,+ C MARTIN R. S/TOODUGHTTOON.N ---L-3727 - ACRES PROFESSIONAL LAND SURVEYOR 3 s Y"+r L 372T LOT 59 � j'� �� � z� THE RESERVE CLUB AT 93 ST. JAMES PLANTATION, LLC � ! ',�t� H THIS SURVEY CREATES A suBaN51oN OF LARD 0.34 �q•gjlJ«¢ WITHIN THE AREA OF A COUNTY OR MUNICIPALITY ACRES r.w' THAT HAS�N ORDINANCE THAT REGULATES PARCELS LOT 60 ! wJr w OF LAND. _C q� 94 - •. CONTROL MONUMENTMARTIN R. STO SURVEYOR GHT L-3727 •� / / `SO' . ' 3NAD 83) LOT 61 Rjh ACRES E 2273,059.7 m LOT 62 NHFq�� A•ti / qe ♦ 95 J.63 IRF y 0.34 �"O'• BANCROFT I LOT 63 ` 4,4, ',B0 ACRES NEIGHBORHOOD e SECTION 9, PLAT 56 r4 o NOTES: MC 30,PG. 403 / 'x f; 96 �, I. THE ZONING OF THIS TRACT IS R-7500. THIS PLAT IS PART OF A PUD. •'�,� .., 'Z 0.34 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS CW C' q�e� ACRES 2.31 ACRES; NUMBER OF LOTS CREATED IS 6: DENSITY / ---'i =r 'R•' '4 '60 3 THE RESERVE CLUB AT IS 0.42 UNITS PER ACRE: LINEAR FEET OF STREETS IS 293.76'+/-. 3 1 �✓ .ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD LOT 64 / -� tl q'Q A ST. JAMES PLANTATION, LLC HAZARD AREA. r 4.THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT ,y q 525R S-F.t CO.. LLC P.O. BOX 10879• SOUTHPORT, NORTH CAROLINA 28461 1'•L•e�� q!?e q�' +/� q (910)253-3001, -0 S.THE ST- JAMES PLANTATION NAME IS A SERVICE MARK. T c + UNAUTHORIZED USE IS NOT PERMITTED. ' � r<.3T n°D ST. JAMES 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS DEVELOPMENT CO.. LLC PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE CURVE TABLE _ -5T. JrPME$ y ARCHITECTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED u .- `�S, (FUTURE DEVELOPMENT) BY APPLICABLE ZONING REGUIREMENTS): FRONT 30': SIDE 10': �r CURVEDELTA ANGLE RADIUS ARC CHORD BEARING CHORD / DEVELOPMF�CO., LLC W , H, CI 11T8'2B- 5025.00 100.07 N 1'W 100.07 _J FUTURE DEVELOPMENT ^ 2y CORNER SIDE 15', REAR 30', REAR ALONG COL I40. S JJ// ( J 7.MINIMUM DWELLING SIZE AND MAXIMU ER IS COVERAGE C2 7 " 5025.00 97.80 '4'4'W 97.80 RESTRICTIONS ARE SET FORTH IN THE TRIC VE„ VENANT'S C3 4' ' 5025.00 6216 62.16 a APPLICABLE TO THIS PLAT TO BE RECORDED itl"I(E N5ACK COUNTY ; C4 4' 5025.55 M63 N '11'5"W 35.63 Tm PLAN"" NEVI MID Iry REGISTRY. +�, C5 0 0'0- 5025.00 29.27 N 4' 'W 29.27 FOR LVEYENR ONLY AND `.� t'LANIIIED UNIT DEvFLr';a"VI`Rar 6.E EMENTS TO ANY EASEMENT SPECIFITES S�O OAT'THIS PLAT, EASEMENTS FOR DRAINAGE AND UTLTTES ON_.AL L6. AS MORE C C6 - 5025.00 35.01 35.04 HAS OEM APPROVIEOFOR \. MAITEFPLANAPP`AGVA: ;--.Ti+1h:ET. PARTICULARLY PROVIDED IN THE REST)iH6TIVEr�''COVENANTS" C7 4975.00 292.45 •'17' 292.41 IFA/EMEMf6 ONLY eY THE Own,O)OPMER ` APPLICABLE TO THIS PLAT, ARE RESERVED AS INSIDE FRONT. LOT LINES; 5'INSIDE ALL SIDE LOT LINES; 5' IH LOT LINES IF p r THE LOT HAS AN ABUTTING LOT TO THE REAR; 1 ,tNSI*REAR LOT ONES F U j� IF THE LOT DOES NOT HAVE AN ABUTTING LOT T&dU,�EAR. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE CLERM .��; - ...^r - 9.EASEMENTS FOR PATHWAYS ON ALL LOTS. AS MORE'PARTICULARLY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION - PROVIDED IN THE RESTRICTIVE COVENANTS APPLCABLE TO THIS PLAT, REGULATION AND JURISDICTION OF BRUNSWICK COUNTY I, �_ REVIEW OFFICER OF "-i•hP.` ARE RESERVED 15' INSIDE ALL LOT LHNESj)44tT)NG A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUN COUNTY, CERTIFY THAT THE MAP OR PLAT TO i, CS'-,O.4-e� 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE,,,.•�S,L'5S��EE PARTICULARY DEED. WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS APPLCABtC TO INS PLAT, REQUIREMENTS FOR RECORDING. SCALE: 1" = 60' ARE RESERVED MTHIN NO 15'OUTWARD FROM TKE#J E OF/QtX/nS AND PONDS, ST. JAMES DEVELOPMENT CO.,LLC J Q :iP BD 120 1ltU TURF 1�R HD MANAGER/AUTHORIZED AGENT REVIEW OFFICER � M DATE REVISION INITIAL ® ! �: ~ ra� :� rU` w THE RESERVE �WKI & � r' sty BANCROFT II NEIGHBORHOOD �') ` -M• LOCKWOOD FOLLY TOWN'LII� SECTION 9, PLAT 2G 3987 BUS. HWY. 17 EAST �5 TOWNSHIP • $T. JABOLIVIAI ' T Sj N PHONE:, 0 28422 ;fir? BRUNSWICK COUNTY NDRTH CARFI,A DWG NAME: VSIOI-012500057 PHONE:910-253-6622 FAX:910-253-fi634 �. E- +fl ;SJ vz N TATION PROJECT NUMBER: 01250-0057 DATE:9/23/04 SCALE: 1"=100' REVISION: CHECKED BY:ORS Internet Site: http://www.mcklmcreed.com DATE: �A" 1�7} DRAWN BY:RDT FIELD BOOK: �. Obv Brunswick County--Register of Deeds Robert J. Robinson a 1352 Inst #232329 Book 2021pM 10/05/2004 01:56:45pn Rec# 1 Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9, Plat 2G (Bancroft II Neighborhood) NORTH CAROLINA BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of C'Xs+ r — 5 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2G, St.James Plantation, recorded in Map Cabinet -31 Page 12 9 , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County Registry(as amended,the "Master Declaration'), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. ws1326.tmp Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) 4f Inst # 232329 Book 2021Page: 1353 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co. replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. ws1326.tmp - 2- Inst # 232329 Book 2021Page: 1354 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines, five(5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. ws 1326.tmp - 3 - Inst # 232329 Book 2021Page: 1355 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within ws1326.tmp 4 Inst # 232329 Book 2021Page: 1356 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage Tanks and outdoor receptacles for ashes, trash or garbage shall be govemed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7.500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot ws1326.tmp - 5 _ IrIst # 232329 Book 202leage: 1357 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources, Division of Water Quality. ws1326.tmp - 6- Inst # 232329 Book 2021Page: 1358 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] ws1326.tmp - 7- Inst # 232329 Book 2021Page: 1359 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A. Atkinson,Jr., Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY f a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. p soe� nally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the �., day of20 (Notary Seal) f Ileon Ion rrar Notary Publi My Commission Expires: 7 O STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 5th Da of October 2004 This Instrument was filed for Registration on this y r in the Book and page shown on the First Page hereof. RO E J.RO I SON,Register of Deeds c wsl326.tmp - 8- Brun_gwick County—Register of Deeds Robert J. Robinson Inst IR232330 Hook 202 Page 1360r_ 10/05/2004 01:57:49pn Rec# U2 is•' .. ..,. Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2G (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of C(e.4v 5 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2G, St.James Plantation, recorded in Map Cabinet 3 1 Page 12-ct , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St_ James in each instance; wsl323.tmp Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 232330 Book 2021Page: 1361 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC By. G John A. Atkinson,Jr., Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JIQ personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this,_day of 20U . j,1Nno. (Notary Seal) a \ e Notary Public My Commission Expires;jfoN C7 ,n„Ic ws1323.tmp -2- Inst # 232330 Book 2021Page: 1362 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES, INC. By: ohn ZAAtekinson,Jr., Vice President NORTH CAROLINA BRUNSWI COUNTY I, 1 , a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation, and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the <— day of — 2 (Notary Seal) 0„gpua0 �laaa,,, ON 0%n�4y ?� J� °;:''• Notary P lic My Commission Expires::to r a c� ,�arNaia1 iV814Cia , STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK ln The Foregoing(or annexed)Certificate(s)of v Notary(ies)Public is(are)Certified to be Convect. This Instrument was filed for Registration on this 5th Day of October 2004 in the Book and page shown on the First Page hereof. Va e ' ROE J.RO INSON,Register of Deeds ws1323.tmp - 3 - du 13cunidcC�omt�_geQ;Stec of Deeds e� CERTIFI 3CATE REGARDING COMMON AREA AND CERTAIN EASEMENTS _ Robert, R 1[Ison ST.JAMES DEVELOPMENT CO U.C.("OWNER-), BY RECORDATION OF THIS r Book 30Pa�e 14 TM PLAN"At BM RENIkIRIEO PLAT, HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS AwwR 04/13/2004 02:50:47>m Ttec9 I II `� ApRfAfBlafRONL1/ANG COMMON AREA THE COMMON AREA Y IS NOT DEDICATED HEREBY �a4Y'moI t(-!, �� NN NA FOR FOR USE BY THE GENERAL PUB T 1 'TO BE CONVEYED TO ST. JAMES , PLANTATION PROPERTY OWNERS' A N ('THE ASSOCIATION") " S am SW` FOR THE USE AND ENJOYMENT ME IN ST. JAMES rA•w Mr PLAII n caum►isilum R PUNTATON, SUBJECT TO THE C RVAAONS SET FORT" ~ N THE MASTER DECLARATION OF A �? DITIONS AND RESTRICTIONS I<:, ' ',l5' e•y FOR 5T.JAMES PLANTATION DATE' 1990 AND RECORDED IN " l�1 }_. ><:; '_� - --:. �••• r BOOK 539.PACE 453, BRUNSWICK G15TRY, AS AMENDED, WHICH c. • �: J sr..Iwcs 8' J/'•; S57DECLARATION IS HEREBY - AND MADE A PART OF wTHIxrew e NEIGHBORHOOD OWNER HEREBY GRANTS TO BRUNSWIfJRIC MEMBERSHIP CORPORATION ftwwi7lW 11"NIIMr SECTION 9, PLAT 2A �' Y� 3ELLSOUTH OR ATLANTIC TELEPHONE RSHIP CORPOIthnON, CABLE TV r . o �WETLANDS LINE PROVIDER AS DESIGNATED BY ASSOCIA. AI AND THEIR RESPECTIVE SUCCESSORS = MC 29, PG. 39 �` I}. +,. ANO ASSIGNS A NONEXCLUSIVE EA$ VE INSTALL, MAINTAIN AND SERVICE elDe / f,^jj 1• E A 8053.40• THDR RESPECTIVE LINES, W1RE5, C(lffDU1"� D PIPES WITHIN THE COMMON AREA VICINITY MAP LOT 9 N 1.W 81.4g E FOR THE PURPOSE OF PROVIDING�RN�IN THE DEVELOPMENT(AS DEFINED a''�• ,60 82 IN THE MASTER DECLARATION),TOGETHER-- THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) ST. JAMES OVER AND UPON THE COMMON FIREA FOR H PURPOSE,PROVIDED THAT SUCH ;) c 26 DEVELOPMENT CO., LLC RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH _ y '>r THE USE OF THE CCMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. LOT 10' � m (FUTURE DEVELOPMENT) `• \ / ' 25 '�s 0.43 w 27 OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE BRUNSWICK COUNTY, NORTH CAROLINA a 0.43 ja a ACRES „ 0.44 d. RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND 1,MARTIN R. STOUGHTON. PLS L-3727, \ c ACRES iO~ ACRES g. ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)IN THE COMMON AREA, SUPERVISION FROM AN ACTUAL SURVEY MADE .� 404 WETLANDS LINE AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT.IN THE UNDER MY SUPERVISION FROM INFORMATION MASTER DECLARATION,OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND(OR)MAPS C3 wti' 28 APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENOED ON THIS PLAT; THAT LINES NOT i C2 t 0.37 S 13RUNSWICK COUNTY REGISTRY,WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES m' iesM wg ACRES ,�v y ASSIGNED IN WHOLE OR IN PART. AND WERE PLOTTED FROM INFORMATION AS NOTED VISEME ON THE PLAT; THAT THE RATIO OF PRECISION AS 404 WETLANDS LINE ST. JAMES DEVELOPMENT CO.LLC CALCULATED BY LATITUDES AND DEPARTURES WAS 1:10.000; THAT THE AREA IS 9M ?r 29 S COMPUTED By N COORDINATE METHOD; THAT THIS PLAT WAS Ct l ,SIR 0.41 SIy BY. PI6=PARED4N ACCORDANCE WITH G.S. 47-30 AS AMENDED. LOT 81 '� FA ACRES +1 °.►S• ,r MANAGER/AUTHORIZED AGENT N SS ORIGINAL LATHIS TTMe�_OAYY REGISTRATION _�-_ 'I✓A.t L. LOT 82 ` ( � w `� _ A.D: 4 BANCROFT 11 1 m 40 0 �' "e q>• of 0 .`„ ,C T ro .t��S NEIGHBORHOOD - ACRES w '� ACRES, T ---_ -_ SECTION 9. PLAT 2C z 79 riotv' �� -`"V . tizj PR A" AND suRr. L-s72T 0.41 72 31 ACRES ' 0.50 1r MTEIIOOIM9E ST. JAMES CONTROL t * ACRES �` Y F THIS S�tYRVk'CREATES A SUBDIVISION OF LAND LA8eEI1T DEVELOPMENT CO., LLC .T (FUTURE DEVELOPMENT) i7 t WITHIN THE A OF A COUNTY OR MUNICIPALITY MONUMENT w ' 78 •♦ +,, :`• � THAT NICS�iW ORINNANCIL THAT REGULATES PARCELS ��33 .; //,N 73,028.03(HAD 83) 0.41 7 ? tea;. •p , OF l E 2,27Z540.77 .(q ACRES 77 k.�ES 404 WETLANDS LINE ~. -- {-::,1 LGiRTIN 0 L-3727 7 0.40 at ' i•` 33 AOFESSI&f LAND YOR cy ACRES �i 0.40 r �s 6qN s ACRES.+ 1C WATFIM*URSE q' 76 S CjP r EASEMENT . CONSTRUCTION PLANS FOR INS PROPERTY HAVE ST. JAMES PHE LAN ATION. LLC NVE CLUB AT ' 0.38 ' T* ETA°ir 34 BEEN GIINEER INWACCORDANCEWI�TH ARTIICCLE COUNTY OF ACRES .q °t• Cy w ACRES /q$' THE BRUNSWICK COUNTY SUBDIVISION ORDINANCE. w r-q .r 75 f J•QI` s 4 0.38 B° 0•� gry COUNTY ENGINEER }} ----- ( ACRES 74 �C, ;i 0.38 NOTES., ZONING OF THIS TRACT IS R-7500. T1gS' If ART OF A PUO. L'.;^ ^�`� `•����, u- ;� 'r ACRES • J 2. SITE CALCULATIONS: TOTAL ACREACrE_L1tF:RYT DIVIDED IS _ y:y ST. JAMES 9.58 ACRES: NUMBER OF LOTS CRED 19; DENSITY 73 DEVELOPMENT CO., LLC IS 0.50 UNITS PER ACRE; LINEAR FEET OFuSTBEEIS 1679.61'+/-. T .I.`-^�' `+ k y 0.39 3.ALL LOTS SHOWN HEREON ARE NOT -T 3J'IN A FLOOD CU !T E M' ACRES .rr 'B� (FUTURE DEVELOPMENT) HAZARD AREA. r UR DELTA ANGLE RADIUS '� CHORD BEARING_ CHORD '�` 6 h ♦ 72 _ 4.THE OWNER OF THIS TRACT IS ST. j1A�_,1 "DEVELOPMENT C1 7" 1110. 77 18.32 &r t!'. CO., LLC P.O. BOX 10879, SOUTHPORT. N� �CAROUNA 28461 C2 '4" 180. 52.81 LINE TABLE `hl1 ,�,� ' ACRES (MO)253-3001. y� _ _Z c, 5.THE ST. JAMES PLANTATION NAME;+W4.SERVICE MARK. C3 ; 127s 54Uf8 N 4 '4r W 54.26 LINE DIRECTION LENGTH T_� �� UNAUTHORIZED USE IS NOT PERMITTED. r= C4 0" 127.00 49.04 N 61 48.73 LI N 20.47"E 80.94 8.MINIMUM BUILDING SETBACKS FOR CS I" 127.0D 45.74 '18" W 45.49 L2 =' '-' r` "•. Atl. II SHOWN ON THIS S 74'30'8' E 11.69 ., 7 CONTROL ry N tit-� a PLAT ARE AS FOLLOWS (UNLESS %k)VED`IN-,`)VRITINO BY THE CB 48MOD 56.74 56.71 L3 2'47'1 ' 80.75 :�� MONUMENT N B f y P.nl ARCHITECTURAL CONTROL COMMITTE L1F THE FDA AND PERMITTED C7 480.00 98.38S 4 98.20 L4 N 8 47'12"E 9.50 I -I N 72 580.14(NAO 83) � BY APPLICABLE ZONING REQUIREMENTS): FRONT 3W: SIDE 10': `!'; CORNER SIDE 13', REAR 30', REAR ALONG GOLF COURSE 40'. C4 10 4' 430.00 81.82 6 87,70 L5 S 29'47'77" 55. _,E 2,273,157.78 IY 1 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE C9 4" 540.00 38.26 38.25 L6 '17"E 49.49 `1-'mow': __ _ RE57HICTOONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS CIO 71'03' " 310.00 59.79 N 56•D " W 59.70 L7 N 10114' " W 76.13 1 NG P�FPIN APPLICABLE TO THIS PLAT To BE RECORDED IN THE BRU143MCK COUNTY THE RESERVE CLUB AT (., I I YhL tt °:+1t+? Ot•C11 7• 3/0.0D 89.96 N 69.81 L8 74' '26"E 62-20 pwO a ® e.IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, C12 " 270.00 13.44 7 13.44 L9 74• 16,72 ST. JAMES PLANTATION, LLC �:, ` ; I C13 4'09'S9' 370.00 26.91 S 26.90 r - EASEMENTS FOR DRAINAGE AND UTILTITES ON ALL LOTS, AS MORE C14 6,16'49'1 480.00 52.61 1 S2.59 F« ,--. CLc'tl�,f1(II;1fS!�li�:(yl;;jlji; PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS •r1'1 APPLICABLE TO THIS PLAT,ARE RESERVED AS FOLLOWS: 5 INSIDE FRONT 7CITUANING BM-D LOT LINES; 5 INSIDE ALL SIDE LOT LINES: 5'INSIDE REAR LOT LINES IF nAI .7_1014, 00 ! IF THE LOT DOES NOT THE LOT HAS AN HAVE LOT AN BUTTINGELOT TO THE REAR.REAR LOT LINES THE D EBY ACKNOWLEDGES THAT THE 9.EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY LAND' WN. S PLAT IS WIT"IN THE SUBDIVISION G�!i,� PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, RE" .11 D RISDICTION OF BRUNSWICK COUNTY I, GY REVIEW OFFICER OF ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. AND ' A, T ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARRMLARY DEED. WHICH 719S CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, 3 ST. ENT CO.,LLC REQUIREMENTS FOR RECORDING. ARE RESERVID NTHN AND 15'OUTWARD FROM THE EOM OF ALL LAKES AND PONDS. �. u ;�? � - SCALE: 1" = 100' R/AUTHORIZED AGENT REVIEW OFFICER 0 50 MR 100 200 300 DATE REVISION INITIAL - - � ��& THE RESERVE BANCROFT II NEIGHBORHO� LOCKWOOD FOLLY TOWN OF SECTION 9, PLAT 3A V 3987 BUS. HWY. 17 EAST BOLIVIA, NC 28422 TOWNSHIP ST. JAMES PHONE:910-253-6622 FAX:910-253-6634 BRUNSWICK COUNTY PLANTATION NORTH CAROLINA DWG NAME. M . VSIOI: 01 000038 SM DATE.3/16/04 SCALE: 1"=100' REVISION: CHECKED BY:MRS 2 Internet Site: tittp://www.mckimcreed.com DATE: DRAWN BY:ROT FIELD BOOK: .�; Brwmswick OxMtY--Register of Deeds Robert J. Robinson Inst #205229 Book 192 917 04/13/2004 02:58:50pn Rec# S-C-Al 4 TOTAL . REC# ..a--C K cMTr— B V Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 3A (Bancroft H Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY S DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of , 2004, by St. James Development Co., LLC, a North Carolina limited lia ility company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 3A, St.James Plantation, recorded in Map Cabinet W , Page ( 4 Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended, the "Master Declaration', was executed by First St. Jaynes, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139583_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAK (Without Title Search) } Inst # 205229 Book 1925Page: 918 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395831 -2- Inst # 205229 Book 1925Page: 919 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construct—ion. No dwelling shall be oc=lpied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395831 -3 - Inst # 205229 Book 192SPage: 920 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395831 -4- Inst # 205229 Book 1925Page: 921 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7.500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395831 - 5 - Inst # 205229 Book 1925Page- 922 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. WeIls. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 139583 1 -6. Inst # 205229 Book 1925Page: 923 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 139583 1 -7- Inst # 205229 Book 1925Page: 924 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G_. ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I A a Notary Public of said County and State, certify that JOHN A. ATKINSON, J ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the_,1.3 day of 200�. (Notary Seal) ��,.,���►,►►„�� [ARY Notary Publi My Commission Expireg �G Z= 02 9k PUBS L CK���G,�,�01 Milo STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN SOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. ROhE-kT J.R I SON,Register of Deeds 1395831 - 8- Brunswick County--Register of Deeds Robert J. Robinson Inst #205228 Book 192 a 914 04/13/2004 02:58:17pm Rec# 5 TOTAL Rh»r ""r" T REC# ..,:.�CK ANii CK#�,,. -ASH �."�f BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9, Plat 3A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of Llax / , 2004, by St. James Development Co., LLC, a North Carolina limited li bility company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 3A, St.James Plantation, recorded in Map Cabinet 30 Page l 4 , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration', and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the defmitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, -which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 139578_1 Prepared by. Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205228 Book 1925Page: 915 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By:/'ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSON, JR. p&sonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. ; WITNESS my hand and official seal,this day of JAtJ ,2( . ysN BOu'y, (Notary Seal) P ti M: AS v" Notary Publi My Commission Expires: 1395781 - 2- Inst # 205228 Book 1925Page: 916 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. J�2MES,INC. By:��fohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNS COUNTY I, , a Notary Public of said County and State, certify that JOHN . ATKINSON,J . ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES, INC.,a corporation,and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the A:3 day of tj 20(. (Notary Seal) r Notary Pub My Commission Expires: �10T as - k co STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is (are)Certified to be Correct. 13th This Instrument was filed for Registration on this Day of April 2004 in the Book and page shown on the First Page hereof. cg- ROBERT J.ROBINSON,Register of Deeds 1395781 - 3 - \�-,7Q r iJ Cob�Regist:- of Deeds CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST JAMES DEVELOPMENT CO LLC. (OWNER'),BY RECORDATION OF THIS r II 99007 Book 30J`It TII��AMIIMBIEENRlVIlWWEO PLAT,HAS DEgGNATEO CFJITAIN AREAS OF LAND SHOWN HEREON AS K�,at 3/2009 07.:SO:llpm Rtx/ FOREABBAEIITBOIILTAMD COMMON AREA, THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY M aw FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES No BEEN APPROVED FOR PLANTATION PROPERTY OWNERS ASSOCIATION.INC. ('THE ASSOCIATION') ynelaH au ago• S41.X"l: BAamam ORLY By THE FOR TK USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES COIBITY6NBMEBI PWdT,TION;ASUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH j�'i 11 MA OF COVENANTS,CONDITIONS AND RESTRICTIONS a F01�41 J ��NNTATION DATED NOVEMBER 26, 1990 AND RECORDED IN BOW(' �DECLIAATION =5131. BRUNSWICK COUNTY REGISTRY.AS AMENDED, WHICH ON IS HEREBY INCORPORATED AND MADE A PART OF ST.A.", r1 I I r f OW,NEIY:HfEB%6ANYS YO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION '. BRO.SI�m SIGN TIC TELEPHONE MEMBERSHIP CORPORATION, CABLE TV 1KNOVIDER AS' gGNATEO BY ASSOCIATION, AND THEIR RESPECTIVE SUCCESSORS '. NONEXCLUSIVE R AND E15 THEW R1:SP�ES VE NES,WIRES COONDUINTS TO INSTALL. WITHIN THE A COMMON AREA r-�, y., FOR THE(PUAPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED VICINItY]MAP,a"' 8 IN THE^MIASTER DECLARATION), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT Td%CA('jr') € OVERs%lN�HPON THE COMMON AREA FOR SUCH PURPOSE, PROVIDED THAT SUCH TBGIBtS MBE USED IN A MANNER THAT INTERFERES AS UTTLE AS POSSIBLE WITH TN[,USE OE]HE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. ST. JAMES OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE BRUNSWICK COUNTY,NORTH CARNAL �. DEVELOPMENT CO., LLC RIGHT OF WAY AND EASEMENT FOR INGRESS.EGRESS AND REGRESS OVER AND I,MARTIN R. STOUGHTON, PLS }11 3721,7i� (FUTURE DEVELOPMENT) ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS 0hi AWN r NCR MY DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION) IN THE COMMON AREA, SUPERVISION FROM AN ACTUAV�SURVEY,MADE �• AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT,IN THE UNDER MY. UPERVIVON FROM-INFORMAt1ON MASTER DECLARATION,OR IN THE OECLARA71ON OF RESTRICTIVE COVENANTS NI IN, D BOOKS AND(OR)MAPS a 1 APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE RFY90EN ON THIS PUT; THAT LINES NOT BANCROFT II -� �nS EtUNSWICK COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE A ALL URI�YEO APPEAR AS BROKEN LINES ASSIGNED IN WHOLE OR IN PART. A11D i'LOfiJEO FROM INFORMATION AS NOTED ON NEIGHBORHOOD ST. JAMES w 3C ` LOnE T THE RATIO OF IONASPRECISION TE SECTION 9, PLAT 3A CtAS DEVELOPMENT CO., LLC ST. JAMES DEVELOPMENT CO. LLC CW6Lj �i7. LATITUDES AND DEPARTURES WAS j Cp BANG OREA'TER THAN' 1:10,000; THAT THE AREA IS RIFT ti (FUTURE DEVELOPMENT) _ com¢� "'I w X CI 7 PLg THIS PLAT WAS ct v BY. i PR r I.OCO2DANCE WITH CORDINATE G.S. 47 T30 AS AMENDED. \\ /, LOT 7 �J 71,s 3 CTB NA11pN LINE MANAGER/AUTHORIZED AGENT NV MY;, SEAL THIS TTHE_GINAL �AY OF�`LN•2 3 w W L3 AD.. 70 ACRES v 0 4 J-- ___ T ACRES .ti; lCyt.. "S - LAND SURVEY-- 1-3727 s 2 68 , �) ~ O 41 ;j• �• r THIS SURVEY CREATES A SMBDINSION OF LAND 9 N 1p4.05 :' ACRES = �•�"�' WITHIN THE AREA OF A COUNTY OR MUNICIPALITY ' �4822•W 1p • ' S`) jr. THAT HAS AN ORDINANCE THAT REGULATES PARCELS L<;' THE RESERVE CLUB AT {` • 67 R OF LAND. p` ti 1', « ST. JAMES PLANTATION, LLC=. -' 0.42 u � %. r`•' `'i ACRES �- iL}) 3, ..-' MARTIN R. STOVGNT 4 h; 000���ttt L-3727 ; C; PROFESSIONAL LAND VEYOR _c ST. NAMES `n; MENT CO., LLC �`-•'1 %: 66 DEVELOP CONTROL N {`.�'• CONSTRUCTION PLANS FOR THIS PROPERTY HAVE _'cy MONUMENT 0.40 "$$'I (FUTURE DEVELOPMENT) "' BEEN RENEWED AND APPROVED BY THE COUNTY N 72,339.73(NAD 33) �'.� ACRES iXl !i_11 ENGINEER IN ACCORDANCE WITH ARTICLE VII OF E 2.273,669.37 .1! y��y E T, m - THE BRUNSWICK COUNTY SUBDIVISION ORDINANCE. ;. i:"'•': CURVE TABLE I'-' ^:' COUNTY ENGINEER ---� - 65 LTA ANGLE RADIUS ARC CHORD BEARING CHORD S^; IJI 370.00 374.63 358.83 rY, 0.37 _I c iN 1 - ACRES NOTES: TC4 ' S0.00 108.97 •w 87.71 POND a 0, :'^ '�1 LINE T ..h::: 1. THE ZONING OF THIS TRACT IS R-7500. THIS PLAT IS PART OF A PUD. I ' 470.00 76.50 'W 76.42 (REUSE WATER 1' LINE DIRE trn NCTIN 2. 577E CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED 15 30.00 121.03 N 104.96 F'OR IRRIGATION) �`: N 7 g 4.59 ACRES: NUMBER OF LOTS CREATED IS 8; DENSITY 7` 330.00 H.03 N 11.03 1L7 .13- J 64 L21NW 00 IS D.57 UNITS PER ACRE; LINEAR FEET OF STREETS IS 1342.1T+/-. 220.00 10624 105.21 !•.. 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD 1 225.00 SM47 1 60.28 --'-� 0.39 D0 HAZARD AREA. 4' 75.00 32.12 14 •'47' 31.87 �'Y - ACRES V L465 4. THE OWNER OF THIS TRACT 1S ST. JAMES DEVELOPMENT 6Q00 32.19 N 74' •W 31.81 a Mtn L542 CO., LLC P.O. BOX( 10879, SOUTHPORT, NORTH CAROLINA 28461 C10 T4'1T 100.00 12.01 N 'I1` 11.00 't-� �,I 173.6'' L6 .91 5. 7HE)S JAOMES PLANTATION NAME 1S A SERVICE MARK. C11 120.00 51.39 74' '4'r 50.99 CONTROL L786 UNAUTHORIZED USE IS NOT PFJtMITTEDONUMENT L835 6. MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS C12 200.00 9472 9383 N 72,072.79(NAD 83) L9 S 5511VOIr E 78.24 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE C13 0`57-31• 430.00 7.20 N 2M33" 7.19 E 2,273.732.32 ST. JAMES Lip ' • 85.77 ARCW TECTIJRAL CONTROL COMMITTE OF THE POA AND PERMITTED C14 17' 43ILOO 132.38 N 729• 131.81 DEVELOPMENT CO.. LLC Lil '4 " 58.15 BY APPLICABLE ZONING REQUIREMENTS FRONT 30': SIDE 10': CIS 1 6 430.00 119.50 •4' • 1T8.12 (FUTURE DEVELOPMENT) L12 'S'49`W 2.73 CORNER SIDE 15'.REAR 30'. EXCEPT LOT 71 REAR IS 40' C18 430.00 119.50 W 119.12 L73 02 '43" 47.27 7. MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE CI7 4 430.00 35.45 1 •W 36.44 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS C18 '10'03" 430.00 6&8D 81'3' ` 8&73 L14 '4 24.29 APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY C19 11 '4" 130.00 86.14 71'13'33"E 86.00 Y. 8, IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, EASEMENTS FOR DRAINAGE AND UTLTITES ON ALL LOTS, AS MORE PARTICULARLY PROVIDED HN'THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT.ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT _ LOT LINES; S'INSIDE ALL SIDE LOT LINES; 5'INSIDE REAR LOT LINES IF r'`- `• THE LOT HAS AN ABUTTING LOT TO THE REAR: 10'INSIDE REAR LOT LINES THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE NHIdO 4 IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION �✓/��' 9. EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY REGULATION AND JURISDICTION OF BRUNSWICK COUNTY I, !-•fil/1 M F�'// REVIEW OFFICER OF PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY, CERTIFY TNAT THE MAP OR PLAT TO ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. DEED. WHICH THIS CERTIFICATION I Xm JETS ALL STATUTORY 10. EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTCULARY REQUIREMENTS FOR RENG.�° y PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, ST. NAVIES DEVELOPMENT CO., LLC / ev r} a �/11t ARE RESERVED"THIN AND 15'OUTWARD FRW THE EDGE OF ALL UUSES AND PONDS, { 1" = 100' 11. THE STORAGE POND SHOWN ON THIS PLAT IS INTENDED FOR STORAGE BY: _ _ _-.. OF TREATED EFFLUENT REUSE WATER FOR GOLF COURSF IRRIGATION. MANAGR/AUTHORIZ"c0 AGENT _r El RENEW d,I�F1}�E W `a... .y 0 50 200 300 DATE REVISION INITIAL 5 THE RESERVE BANCROFT II NEIGHBORHOOD LOCKVOOD FOLLY 3987; (1�IWY. 17 EAST TOWN OF SECTION 9, PLAT 4A BOLISr1A, '18422 g ��t BRUNSV CKTOVNSHIPCOUNTY a ST. NAMES PHQ1�E:914-4jP3-6622 FAX:910-253-6634 nl FL VITIATION NORTH CAROLINA DWGPRO NAME. VSIOI-012500040 SM DATE:3/23/04 SCALE: 1"=100' Internet Site: http://www.mckimcreed.COm REVISION: CHECKED BY:MRS DATE: DRAWN BY:RDT FIELD BOOK: ti 3� Pw 13 :sus;`o ��v�=0� 'rr41113 " 11,410% MA Brunswick County--Register of Deeds Robert J. Robinson Inst #205231 Book 192 a 928 04/13/2004 03_00:34pm Rec# (( 4tT TOTA RE%f--. TC# REC# --�—CK AML� — CK ''.A1SH ncF r— BY iF Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 4A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY S DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 7— /3 -, 2004, by St. James Development Co., LLC, a North Carolina limited li bility company("Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4A, St.James Plantation, recorded in Map Cabinet , Page Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139584_1 Prepared by: Schell Bray Aycock Abel 8t Livingston P.L.L.C.(JAM) '"Without Title Search) Inst # 205231 Book 1925Page: 929 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395841 -2- Insst # 205231 Book 1925Page: 930 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for consi action. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five (5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 139584_1 -3 - Inst # 205231 Book 1925Page: 931 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395841 - 4- Inst # 205231 Book 1925Page: 932 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-Won area per Lot is 7.500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the fi°ont Lot 1395841 -5 - I I Inst # 2.05231 Book 1925Page: 933 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395841 - 6- Inst # 205231 Book 1925Page: 934 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 139584_1 -7 Inst # 205231 Book 1925Page: 935 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: � ... ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. p onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of ,2 . (Notary Seal) Notary Public My Commission Expires: ` "`� •`' Q 'ys, Y ,,y 7. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 13th Day of April 2004 This Instrument was filed for Registration on this I in the Book and page shown on the First Page hereof. RO E J.R I SON,Register of Deeds 1395841 - S- Brunswick County--Register of Deeds Robert J. Robinson Inst #205230 Book 1925 a 925 04/13/2004 02:59:47am Rea# KET� .� TOTAL �2E`I TC#j CK AMT-- CK#j,,. .._. ncf — BY....-.., Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 4A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 13, 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4A, St.James Plantation, recorded in Map Cabinet Q Page 1 , Brunswick County Registry(the"Lots"}. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which :ncludees the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 139579_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205230 Book 1925Page: 925 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, J . ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this_13 day o � 20 Q ' (Notary Seal) O �OTM1' Notary Publia v: My Commission Expir X0 �G z 1395791 -2 Inst # 205230 Book 1925Page: 927 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: hn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON,JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC.,a corporation, and that he as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the,8-day of 20 (Notary Seal) �T 4' Notary P lic My Commission Expires ° ..1..11:1•.it STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. ' RO�EJ.RO I SON,Register of Dee s 1395791 -3 - C nor v o_ B".11K Csou -P S L iGAr 404 WETLANDS LINE , CORK TAME - 1.MARTIN k.STOUOMIOIN.4W:5 L-3727, -"'r ST. JAMES DELTA NVaE RADIUS CAROTID SEATING ,CERIWY THAT THIS PLAT US,DRAWN UNDER MY 668'`'•', sIPERN51Q1 FN01 AN ACTUAL SURVEY MADE DEVELOPMENT CO., LLC 2a"" 5T4'07 cONTROI cT 60. 7.es 7,84 HINOEN wr SIIPEkVISIwI FROM NFOIMIATDN :` '- GSLIat MONUMENT c2 30.00 1tA7 x. N1Sacon 5H(pwlW N DEED BOOS AM(OR)MAPS = 6E111 192.2E N 73,146.40(NAG 83) ? _ M•� 67.54 6 wlwRls am ave. R6EtENCED ON.7HIS PLAT,THAT LIES NOT ��� O9"E C4 50.m 4231 S 4'l - 41. ACTUALLY Sl6tVEYED'AFPEAR AS BROKEN UNRS �"0• 5 6 A 47 E 2,274,513.30 CD 44.19 43.04 .9m�Y `t• •• 1)B 12.45 N Y 41.19 AND HEIIE PLOTTED FROM ATW10 ATION AS NOTED AT ON 1IIE PLAT; WHAT 1K RA110 a i'1EG990N AS 4 d T6 0.49 - C7 Y• 60A0 ZS.64 'W 2&27 CALCULATED BY LATIAMM:AND DEPARTtRIES WAS f Y' 46 T0' .• ACRES Ca t 60.m a.l 'OB'1 9.11 DREAMER THAN 1:f opDDK TNAT THE AREA IS I R. 0.53 PREPARED M .NIIH Ca$:�7 TOO 15 ALIfNDEO. 4A WASrnx>7 7O'w7EAC01ININ 1 ACRES OG NOT s rA .,K GSEMWT E N 4218'41'W C1 NOT USEII AIIIIIII WITNESS MY ORIGINAL.SIONA77ll/I�RREOSIRATI011 . < LYt 75. 12 S.14 '4Y 3IA7 ARy, NUM SEAL T415 TIE• p,LY OF�Ia/� 0.39 , $i��• 32.62145.82 R C12 13.02 1A01 WI 47.45 47.21E ACRES 48 m c14 t ISam" 53.22 I 5&05 ' 0.37 -d ctS 13L6.09• 229,00 33% 5 025WSC 01 5ZS3 MARTIN PROFESSONALi MOQ9yl+,E -----I-37z7 44 �7 ** C' ►.• ACRES v 19 f ' 'T1A3 IRA] N 4218'41"W ?e a7 B0.m I- toco VICINITY MAP 0.40 176.54 nm 470,00 71 7m.71 (NOT TO SCALE) ,= ACRES \ 3 C34 e, F 49 P IRO t •4s 37DAD tt v• tiD:10 TARS SURVEY AREA OF A COUNTY OR N NI LAND N'3'I13'T3• 0.42 m C2t '1' 3x m I .26 13&47 THAT THE AREA OF A COUNTY OR YUHICIPAUIY t W Ih 'ra Q2 370A0 1 B7 126.25 THAT"AS AN OIDNMICE THAT TIE S PJRCELS �•70 ACRES ._y C73 7D. ?•L14 1 Zit CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS O ST-JAMES DEVELOPMENT GO LLG("OWNER•L BY HECaROATDN OF MIS LNA. n Q4 1 1 .BD.45 4• 8&41 PLAT.HAS DE9CNAVED COITAN,AREAS OF LAM SHOWN HEREON AS Z V 43 N 42'18'41'W 74A6 6MI3 COMMON AREA TIE COMMON AREA OPRES9.Y IS NOT DEDICATED HERBY 0.43 +b n 171.85 mD;00 104.87 S a7.1m FOR USE BY THE GENERAL PUBLIC BUT IS TD 6E CONVEYED TO ST.JAMES MARTIN I S TGII L-3727 tr PLANTATION PROPERTY OWNERS'ASSOCIATION.INC.('TINE ASSOCIATION') PROFESSIONAL LANE RIRVEYOR � 'ACRES i� 50 Q732W44'1 "1 w`�a VI 0.44 O Qm al.r. 7B 44.1 FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS N ST.JAMES` N W79•� u ACRES S Q9 30.m 49.02 � ♦ 47A7 IN THEEAyAS'�DE���D�aCOWjµTS CoHDITIam AND MM�1NDCTL. CJO 5d 17.4E 17.40 FOR ST.JAMES PLANTATION DAIED NOVEMBER WIM AM RECORMO N C71 65.D0 23.'7B 27.6E 42 N 421'52'W CONTROL C BOOK 839,PAGE 45X BRUNSWIC K COUNTY REGISTRY.AS AMENDED.NN71 w 72 OO �,OO ,2B 39 MASTER DECLARA113N IS HEREBYAND INCORPORATED A MADE A PART OF A 0.40 205 7 MONUMENT 65.m 39: 7B,D1 THIS PLAT. ACRES 2V WAIERCOURSE _ £ i N 72,879.30(WAD 63) C74 BS.00 xmB 38.2E E 2.274.140.19 w � OWNER HEREBY GRANTS 1p BRLINSWICK ELECTRIC MEMBERSHIP CORPORATION ST. JAMES EAaI1Enr N 034E °% H 6 11' amm 31.1m c3a 1• 65AD 76 BELLSOUTH OR KMNIIC IELFJ+lIOIE NEABERSHP CORPORATION.CAME TV DEVELOPMENT CO., LLC ,(s`* 41 5RTu ACRES m yl 66•OO 42 N.4 42.Om PAIRm AOROVIDER B A NDREUIM 9rvE EEAIITOOTOI�R AND THAeiR, ,RESPECTIVE iW uRD SERVICE S 0.47 S B7.D7 OLm Y4• 66.82 THEIR RESPECTIVE U NES,WIRES,CONDUITS AND PIES WITHIN THE COMMON AREA a .2O'3fi E < N/F C78 m0.m 13.13 FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT{AS DEFINED c� .n 17]C w: 1SI1 N THE MASTER ECLARATI TOGETHER WITH THE RIGHT OF NORESS AND EGRESS ACHES u, THE RESERVE C_UB A7 oMo 20D.p0 H K6e.22 47' ; 1D2. OVER AND UPON THE COMMON AREA FOR SU0I PURPOSE,P THAT 104 WETLANDS LINE 374 i4, 0 w 52 ST. JAMES PLANTATION, LLC 41 �• 2m.40 w ese RIGHTS MUST BE USED N A MANNER THAT INTERFERES AS UTITILEEAAS POSSIBLE WITH 9 0.2 A+ MC 29, PG 230 W 711 3SO.m .JO I 54.28 THE USE OF THE COMMON AREA BY TIE ASSOCIATION AND THE MENEM THEREOF. 40 PCN ACRES •E LINE ABLE OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AM ASSIGNS.A NOENGLUSIVE 0.52 COMMON'l `A MBE I DNIMIM RIGHT OF WAY AND EASEMENT FOR MC ESS•EOESS NO REGRESS OVER AND O1 ACRES R/W VARIES g 7D V1 LL '4• U A ACROSS THE COMINN AREA,AM FOR THOTHoM�iALLAYMIpIj M THECOMMONE,F `Y �, 53 .y ANDNAm!FACILITIES AND SUCN OTHER EASEMENTS AS SHOWN ON DESCRIED ON THIS PLAT.IN TIE 2 N 54-0- W PRIVATE STREET) 0.37 7 L3 1 IS • 4• 61 MASTER DECLARATION.OR N THE DECLARATION OF RESPECTIVE COWYANTS 42, y 238.92 ( T) ACRES M1 DA S L4 1' 43.67 APPLICABLE TO THIS PLAT TO ICE EXECUTED BY OMEN AM RECORDED IN THE 39 •A O Os• lS 77.86 BRUNSWICK COUNTY REGISTRY.wHld1 RIGHT OF WAY AND EASEMENTS MAY BE H 0 4' y S9• US IN 2LIAW w 6489 N WHOL E LE OR IN PART, 7O�7G ACRES A 7 A 54 T`•f Um IS9OO9 5T.JAMES DEVELOPMENT CO,LLC p�ry� s63 77 ACRES 7 *. L9 4am yNH�ppp �� IpCyH el Liu 40.00 �• AS '�X" 7ms� A1H0• 38 A Js a�' (A- L11 1 SS.B6 BY: ,�.6".-•- -..•�-- 0 ?l"` 0.44 55 rT� MAIUGEIi/AUTI1oNaE0 AGENT ST. JAMES ACRES 36T Pt I7 2 0. " 42 • o0IN7ROl DEVELOPMENT CO., LLC N R'TB•W VH ACRES MONUMENT L71mIR� 1 3.I IRF 7 IRF W272,349.25 ,05.D4 3 2 A3 83) 56 E 2 7'1118 NIARiY1�iE�M REY166B� 5 T✓L t 3 37 N M4J NF 4 0.43 PDRNA1121IM pONLYMC IIA641A�1S011lGm 0.43 IRF LT IRF ACRES wt o7 s7r 7` YSYTHl 404 WETLANDS LINE M o ACRES h S7 7�,8 is 4 2 0.43 36 IRF IRF 7 ACRES Pj(T07 MONUMENT ` CONTROL a'AY,10RCDIINx ✓ 0.39 G9FNEHT 0.44 N 7U77.06(NAD 83) NOTES ACRES C,�' RF E 2.274,136.24 1.THE ZCM*OF THIS YRACT IS R-75M.THIS PLAT 19 PART O°A MAID. Z 1 35 `�' ,j �p' - l - sO 4j ACRES Z SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED-IS THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT lE N O.34 't`AO 1 "� - LOT 68 f LOT 67 [/f7' a'W ,(`+' S9 Cd, 14.67 ACRES; NUMBER OF LOTS CREATED 15 29:)DENSITY G LAW SHOWN O THIS PLAT 15 WITHIN THE SIRgYSDN LOT 34 >.pp ACRES > I / k U+ F 0.38 tj. Is 0.31 UNITS PER ACRE;LINEAR FEET OF STREETS IS Na5.R0'+/-- B[OI14A71pN•ANp JUMSDICTI IN OF BNRNSwcK CflUNrY O •� 6O T 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD `& 1� BANCROFT 11 tiokF 7 ACRES + >. HAZARD AREA. TWAT AXIS PGT ALLOTLEMT IS MY FREE ACT AND ` 0 /� K ;"1 ? �(`�a 0.39 °' 4.THE DIMMER OF THIS TRACT IS ST. JAMES OEVELOPMENT DUD. NEIGHBORHOOD �' NF rY $62 ACRES CO..LLC P.O.BOX 10679.SOUTHPORT.NORTH CAROLINA 28461 (BID)253-30D1. ST.JAMES T CO..LLC Iy G141KDIr � SECTION 9, PLAT 4A / LOT 66 ��CB 48" LRF C 2U'IfA'wltpOVIISCF i N S. TI4 ST. JAMES PLANTATION SAME IS A SIE RVICE MARK. LOT 69 uC 30,PG 13 N c> A WIE[FASmn UNAUTHORIZED USE E NOT PERMITTED. By, - i _ N MANAGER/AUTNORcZM AGENT COMMON _" 1 _ &ANNIMUM BULGING'SETBACKS FOR ALL LOTS SHOWN ON THIS ' X 7 LUT 65 d A9' '46 E PLAT ARE AS FALLOWS(UNLESS WAIVED IN mrnNC BY THE SANCROFT I1 ` AREA R?F ~�> S 1 0.3S--V+a ' ARCHITECTURAL CONTROL CbLMTTE OF THE PDA AND PERMITTED - LOT 70 - 1 T` I (PRIVATE STREET) r BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE ID': NEIGHBORHOOD `• r N f CORNER SIDE IT,REAR W.REAR ALONG GOLF COURSE 401. SECTION 9, PLAT 3A - _ _ �.-___ I f 4 II p3 7.MINIMUM DWELLING SIZE AND MANMUM&PERVIOUS COVERAQE MC 30. PC. I4 - L07 64 •'• CA �'4 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS LOT 71 m,•�, A�E TO THIS PLAT TO BE RECOIOED N THE RRUNSwCK COUNTY /c A. 63 yy 67 r &IN ADDITION TO ANY EASEMENT SPEOFICALLY SHOWN ON THE PLAT, I LOT 72 RV 3 `r£ ACRES EASEMPARTICULARLY PROVIDED DRAINAGE M THE RESTRICTIVE UnLT17ES ON ALL DCOVENANTTS AS MORI THE RESERVE CLUB AT 0.38 62 �r ACRES APPLIABLE TO MIS PUT.ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT S7. JAMES PLANTATION. LLL, ACRES c o LOT LINES s NME ALL SIDE LOT LNE9:S•INSIDE REAR LOT LINES IF NC 29.PG 230 0• y'1• THE LOT HAS AN ABUTTING LOT TO THE REAR: 10'INSIDE REAR LOT UNFS ACRES IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. 177 9.EASEMENTS FOR PATHWAYS ON ALL LOTS•AS MORE PARTICULARLY I, (FV7M C.IK��Ii,7I REVIEW OFFICER OF Y ' OB y PROVIDED IN SHE RESTRICTIVE COVENANTS APPLICABLE TO TINS PLAT. i,..\�.�` = ` ARE RESERVED 15'INSIDE ALL LOT LINES ABUTTING A STREET WWICH T IS COUNTY,CERIFY THAT THE NAP OR ALAI TO ,_ .• 27 6I.34 10.EASEMENTS FOR DRAINAGE AND MANTENANLE,AS MORE PARTICULARY REQUTHIS CERTIFICATION FAR R IS REFRIED MEETS ALL STANTORY -- - 4'• PROVIDED N THE RESTRICTIVE COVENANTS APPLICABLE TO AM)PLAT. REQUIREMENTS FOR PECORONG � 4 3g S THE RESERVE CLUB AT ,�pfSERLEO YRINx HIND 15 OUTWARD FROM TINE LONE O ALL lANF7 AN PONDS. Q r SCALE: 1" 100'_, ~r'w ST. JAMES PLANTATION, LLC tI.THE 404 WETLAND LINE SIOWNI ON THIS PLAT IS FROM A W..UWATI(WN C1 _ IRF IRON REBAR FOUND .g.I NC 2B, PC 230 APPROVED SUBJECT OF ENGINEERS ON FEBRUMy 6,2002 REVIEW OFncER 0 SO 100 200 300 TW DATE REVISION INITIAL & THE RESERVE 49$M1a4 �..1WLD BANCROFT II NEIGHBORHOOD 3987 BUS. HWY. 17 EAST LOCKWODD FOLLY TOWN OF SECTION 9, PLAT 4B BOLIVIA, NC 28422 TOWNSHIP . ST. JAMES PHONE-910-253-6622 FAX:910-253-6634 BRUNSWICK COUNTY PLANTATION NORTH CAROLINA PDWG ROJECT NAME: VSIOII' 01250 0048 t... $M DATE:6/11/04 SCALE: V" 100' Internet Site: http.//wwWrnCkinc.reed-com REVISION CHECKED BY:MRS DATE: DRAWN BY:ROT FIELD BOOK: "runswick COunty..._Rec}ister of Deeds Robert J. Robinson Inst #220817. Book 981Page 341 07/1.9/2004 02:07:&)ok R 1 � 975 7�, CKARr Q Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 4B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 3'ty �`tT- , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4B, St.James Plantation, recorded in Map Cabinet 30 Page, Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the "Master Declaration'), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143796_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) . 1 Inst # 220812 Book .1981Page: 342 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected.or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437961 -2- Inst # 220812 Book 1981Page: 343 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and (Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five (5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear, (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143796_1 -3 _ Inst A 220812 Hook 198]Page: 344 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437961 - 4- Inst # 220812 Book 1981Page: 345 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stonnwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1437961 - g - 7nst # 220812 Book 1981Page: 346 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the daze these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 143796 1 -6- Inst # 220812 Book 1981Page: 347 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof; which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143796_1 . 7- Inst # 220812 Book 1981Page: 348 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: G .�- ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICTY 4I, iZ J a Notary Public of said County and State, certify that JOHN SON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. Ird WITNESS my hand and official 3ay of L 200 OFFICI t- -SEAL- Notary (Notary Seal) Public.North Carolina County nck DonnaT Valk Commission 'res2/10/2009 Notary Public My Commission Expires: � /o o 0 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Da of July 2004 in the Book and page shown on the First Page hereof. y 76 r ��. ROE E J.RO I SON,Register of Deeds 1437961 - 8 - Brunswick County_ `Register of Dees Robert J. Robinson Znst #220813 Book 1981Paqe 349 07/19/2004 02:09:06pm Rec# 1 7 757(e G ' T. Tc#_ .Q_ CASH ____--REF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 4B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of v 1 Ott`' 2004, by St. James Development Co., LLC, a North Carolina limited liabi ity company ("Development Co.'D. First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4B, St.James Plantation, recorded in Map Cabinet .30 � Page Liay , Brunswick County Registry(the%ots'j. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 143795_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Tnrt 1 220813 Book 1981Page: 350 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY I, a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this cT ay of ,20 C 0�—' OFFICIAL SEAL' (Notary Seal) Notero Public,North Carolinappunty of BrunswickoonnaT Valk commission Ex 'res2/1012M Notary Public My Commission Expires: 0 � 1437951 - 2- Inst # 220813 Book 1981Page: 351 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: G �— John A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC Y I, OUNT , a Notary Public of said County and State, certify that JOHN .ATKINSON, JR personally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES, INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the Aft of 200 OFFICIAL- L" f RfCou:nty c,North Carolina / (Notary Seal) of Brunswick naT ValkonFx ?110/2008 Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19 th July 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ROMIT J.RO INSON,Register of Deeds 1437951 -3 - IIIIIINIIIIIilllll�lllllllllllllll OP Brunswick County, KC Register of Deeds page i of 3 {etum Type Total Rev Int. Gk$ Ck#f�_Cash$ Refund Cash$ Finance STATE OF NORTH CAROLINA p portions of document are illegible due to condition COUNTY OF BRUNS WICK of original. 0 Document contains seals verified by original instrument that cannot be reproduced or copied. Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 4B (Maximum Permitted Built Upon Area for Lot 51) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 4B("Amendment")is made and entered into this I day of }44%3.k,2019 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 4B in Book 1981,at Page 341 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration'). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,P.A.,University Corporate Center,127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 IIIIIIIIIIIIIIIIIIlullllllIIIIIIIIII B42z�p��si 4'.PROP Brunswick County, NC Regis er of Deeds page 2 of 3 B. St.James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose.The Development Period has not yet expired. NOW,THEREFORE,St.James Development Co.,exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: I. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 51 to 7,560 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration,including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: � �` Odl `��(SEAL) Robert F.Masters,Authorized Agent IIIIIIIIIIIIIIIIIII�IIIIIII�II IIIIII � 5 P���. s e4'PROP Brunswlek Cam y, NC egister of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF n,eA )Aanp0er-- I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. Date: L6L,j —�n l 4 11... ion Signature of Notary PubtV 0. Notary's pnn ed or t3Wed name My commission expires: (Official Seal) SHELLY J. BAKER Notary Public Pender County,North Carolina My commission expires Aug.13,2023 Notary seal or stamp must appear within this box. Roberti J. Robinson o:inson gists: of Deeds �� ° Robert J. 11Obineon IDst#3B56 Book 29Page 394 /5W 02/12/2004 11:08c52ins Rm* STALE OF MOM CAROLINA momsom COUNTY -- r p L ROOM IL Mo MENRI.R.O:R11Flr 6 RaBOLT B.1IdNNRY. IRR OERIIFI 7NAT IIIE SURVEY I ,�dwVN L. M64� RE1rt1N CFTTER aF THE UmERSTGIED IMTwtI AOgWLED6Ei THAT 71E �v by dy TNT TO NAP WAS DRAW Ul M MY AS SMO1IN ON THIS PLAT OEA7E8 A SUBDIVISION IF WD i1R1AeOC OMMM.OER1iY MAT It MAP OR PLAT TO LAND alldN UH THIS PLAT It VITMM THE SUSDIVISIMN SUPERMSNRI FROM AN ACTUAL FE1D leT IN THE AREA OF A WJNTY OR ULDW PM,TY THAT ■MFI THE CEN MN ATM IS AFFDKD IrE1S ALL STARIM" F43L ATMN Alm JURISDICTION DF 1111UNSVICK COUNTY ST.AIYe y n ' S AIRY Y MADETHAT 7W UIDNA MY K* HAS M�NANCE THAT RESIR.A7M PARmS OF REQUIREMENTS FOR R�EC�ORDIDIG. An TIMT THIS PLAT ALLGTIENT IS MY FREE ACT Alm ILWTATpI ` W n y ; CALCIRA7W BY LATITUDE AND OE- .s.TIO OF PRECISION AS ••"1>• �!S 1'e+' �. �rd�le/4L 0T y p W J ,�9 ®' PMMM IS 10AW +: THAT TE M.JAMES DEVELWIlIIT CO.LLC YAM Y J 9M*VAMS NOT SMIIMM ARE 9 00 11111- .JL. - RENEW OfP'ICER - 4� :� N dOH d �p FFOORMATTp FO,pD DH B00NS�WDI-- �— AUT^OIM AGENT I Yv ROB DOW THAT IM MAP VMS PWARND A11E11DE mM GS.47-30 AS 111111011138 MY NAND MB SEAL 7115 THE vm PLAN HAS BSI REVIEWED SiN DAY FOOMARY A.D. / POR L49MM IfFS ONLY AND t t P,;.,I _ r;'1 ><4Y1Nw �M WAMIWAY W W //1. / NAB BM APPROVED FOR 1:'J r Fr•.�.�I rC. - M G L3 a BABeIENTBE O�YBYTIIE "f1/0 �p� ------ \ VICINITY MAP - N 1AND suRM:YOR W L-350 COUNTY � �.•�, ' ,. NOT TO SCALE NT NO a Ii,Vni�i C� nt1 r�r , Quc 0' 100' 200 300 t^`I"1 n maim P:'F. N for goof_.. _ l,�l} + a q w R tO1+�T L 1;&zaNng of this tract is R-750L This plat is part of s 2 K I, V4 Pond L Site cWMatkllw total swage of tract dvkled Is We < > O 2 across me,Mr of Lots seated is 10/density is L67 volts per acre)linear•feet of streets Is U711.73 � 1 H Ar A M Lots shown hereo are not located In a Flood l►1 t k n t� Lazard Area.The 140 year flood boundary Is ' c :._ I 1 = base on FRN 5370293 panel 0360 suffix R'dated 4rn. ci 1 � LA'S e4 TNRU as 1 I V �O ( c 4.The owner of this tract b St.James Developnerht Co„ t I � '' 1 CQ TEE I PLAT 3 1 I C3 t=1 P.D.314 `M ioe79.Southport,No a,Earauna A6C4 1 1 1 7 j B8 I 89 a N r" T�� I S 1'helhw ft thorls�ed�is ro name Is o.service nark. II y + ea as �� CZ, 6.Minimum buRdng setbacks for au lots sham on this pat I ► 1 , l ,y -4r ,•` r _ 90 car ¢ L are as follows(odes:sowed In w•HYp by the Mchltectural I - \ *� z Control Committee of the PDA and pot m!tad by applkabit I 1 ; / -j wNp�front 30',side w,side on corner IWP 1 �' CREST s� (�..q 1 rear ,rear on Dolt unrrse 40'• 1 1 1 ���� T,1 VE.� / '' -�° l'--`l !tom � •. 7.IlrhYeel �y �� ` C)Fes= �•. covernpe�torhs are set Forth rt tine Restrktivt Covenants 1 y�i. ` // `fj� i yl. Rnbtry• m this pat m br recardrd ti the Drvhswkk County !^ \ ;'u 76 &In addition to a easements specifically shovel an iris I _ �� ` Q> +. 92 S� pap Y nb 1n,=.7 utilities on all lob 4 m this pat.are reserved o y front lot Ir1es,s' }y plyVEn�pLME 83 S� �) J \ r ; Inside alit side lot Ines;s' If the lot has on 8 I \ p lot m the rears 10' rear, lines N the lot does °"abnYtiMp lot m�i� ' � 9,Easements for patlslsys on all s a y provided„are d 11s'r all at m this pat. d�aywft- A PEa'�Y P d Tn and naN .as r J� / A 110 Lit DINATES,Y / ^ 7, l cf \ ss ~ ins appUrablw �F 23, v 167W79 LATi78TLRW Ss T' m this mat on rmwa 1� from tN..gpe e~' C'� I4 us I E2871ile7 1 FESOM 1 \ 79'A' 1 J V Z of all takes and ponds. �, 1 :..1 20. V 1 1 SP07M7 PLATS J ` 3 �\ 76 a J 1L The 404 wetland Irne slhaen on this t a J ^ s�16 I L j 81 J 80 dothis Man approved Feh►',san'Y 6.-200P. Vr�Mond 1 area o an L LS 46 v p S I 5 + ` ` / IF 1�1 re � 1 t %b P p 4 1 ^' � I �� J � � Certm t\.ReBardrw Canon Areas and L� , 3 a y �, I ¢. '��` ,, f:erteM Easrnents J I- I a I / St James Development Ca,LLC('Darr),by recordation / Of this pat,has desig ated certain areas of and show,hrrean k q u1B111ET►AIO UNE--- a:Canon Area. The Common Area expressly Is not z U F.79.73' I cT, 4�1�, dMcated Mreby for use bye al P ape,trp but b m beSt Jaws Sy €c HATCH TJ►E I W '`�qy�,ctt. OO edtw�tnc.(the'Plantation for the use and p u N 07• 6o DDE 1 S BB'S3 39'E �qI r �C en pYment or w apertr ti St James Plantation,"Ject 1-V3is j 9i+� E _24"' mI to the conditions and vet forth In tfie Nester Declaration of Covenonw, and Restrictions or St DEARDIG DISTANCEJames Plante dated ted 19M and recadedf In -I �c TES, I ATER3 8776 C cAREA N_`� 1871' Iu2 N 14 uSr E R2979' • ^ �Eµe2703% �23' � ' ram, ` L2 I L.3 N 01.06'21' E uW made a part of this � vJ 0' ^°� A-13R7 FWATE STREET 1 LS S 83'Oy7'2•E 30.91' Ca Paatlen,Dodsowth�or N. sMP q ~°• the tar 3967 G502' J I I L6 N 77'EY48' E 3228' Asilsociaai ahclheTi sates ta w a Ae4336' I w I L7 N 31'0123'E 35Ab' nonexaluswe easement m and service g�Iy 1 8 S TY a I LB N 21.12'21' E 38.LS' respectwe Iris,sires, wlt/dn the m I L9 N 4734W E 3227' Connor Area far the purpose-eve service.0U e f u0 N 76's3W E 23.79' tiv Development(as defhed Declaration), p m m _ ^, [ ,• a S together with the right of ess over and upon 8 e " ' is + Lll S 78'UP2V E 30.44' q a T' �n 1�+P+� u2 S 72'07'20' £ 45bt' the Connate Area for wj&nor that such rights CrI Ei must be use In a roamer yore: as Unto as d *I*a �i I � � � tr p• o 1.13 S s3'S7'31' E 3;G44' Mtn Mid use of tM Carron tine Association end the 1e1 CORER CONTRd y * I + 1 u4 S 40.49'4W E 20.3C nerixrs iiwreof, aj` 0' �E CQORDDVATES, I 7 1 u5 S 60'2B 3`i'E 23As' a' Ee270987 Shy 'O16B I I . 76'2634' E 39.W Owner reserves for iise ,ks s and assigns,a a E,2270970b9 �7� ' 7 t 1 nahexclusivr right of and far A'npfess,tpress a I 139 sB 1 L17 N 20'l5'30'E 22 85 and regress over and : Area,and the for j T► <� S 88'S3'39'E the rtsta0silah end tonoThw fadlFtlrs and ST R3 1 L19 N Ol°0621'E Wow utAltks uhci,+�,0 h Area,and such faR other easement: es shown or drso*W an this pat,In the w O B Mister Declaration,or In the Declaration of Restrictwe .4 _ CURVE TAKE ON CENTERLINE �7 LC �'--'} R & 1 M I�wner ►I �f CULVE RADIUS ARC LENGTH CHORD LEN CHtitD DEMtDxn 1l_J h r I lb7 D. andCov rents appin thelote Dr this pat n W exetry, by right `E�i �, I a a CURVE TABLE lTN RIGHT t1< VAY and recorded s 11n 8rmay be Canty Registry, r in art '�. 'Soldd C1 300A0' 11s.26' U4.55' N 0.0'27'E l �( 14 gD1VE RADIUM ARC LEN CHORD DEARING roll and easements may be asslgrxd W dtde or M pert W I t C2 40000' 1D7.7B 1D745' N 83'23'12'E �r� �� � C/j I Lr-1 R C1 7• 35,s7' S 67'SB 40' E St James DevNopnent Ca LLC V C3 50.00' 68.4W 6325' S '07'E 11 C4 5Q00 96W 6826' N 44 C3 30A0' 38.97' N 50.36 02'E (a k7 < CS 800AD' 1252P 125W S O3'2241'E , ��� � � CS 30g0' 4z 12' 4i'43 N 46•06 21' E BY, C6 H Dgm' 224JI8' 223b1' S OS'18'48'£ _ ]L?) I Hangar/Authatze Agent �+ 15t@= Of p Inst #197107 Book 1895P 02/12/2004 11:09:53.m Rl ofso 967 Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9, Plat 5 (Bridgewater Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 're. n oo s6 12.., 2004, by St. James Development Co., LLC, a North Carolina limited liability company Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5, St.James Plantation, recorded in Map Cabinet 2-9 Page 394 , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 136768_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAbo Inst # 197107 Book 1895Page: 968 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co. replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1367681 - 2 Inst # 197107 Book 1895Page: 969 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines, five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1367681 -3 - Inst # 197107 Book 1895page: 970 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary"sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No `off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1367681 - 4- Imt # 197107 Book 1895Page: 971 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1367681 - 5- Inst 8 197107 Book 189SPage: 972 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality, 1367681 - 6 - Inst # 197107 Book 1895Page; 973 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1367691 - 7- Inst # 197107 Book 1895page: 974 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By. John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JOHN A. AT SON, JA. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the Lf_day o "_,20 0 . `.Nunuiry� O (Notary Seal) 3M-1NGy Notary Publ ©:, � s My Commission Expires; s STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 12th February 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. RO E J.RO SON,Register of Deeds 1367681 -8 Robert Ji.` � � ar Inst #197106 Book 189P age 02-112/2004 11:09;18am �#5/ 964 Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 5 (Bridgewater Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5, St.James Plantation, recorded in Map Cabinet 2 5 , Page 3 � 4 Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 136767_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 197106 Book 1895Page: 965 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized.Agent NORTH CAROLINA BRUNS CK COUNTY I, , a Notary Public of said County and State, certify that JO A. ATKINSON, . personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this 11_day of ,20 C%`� . 0111uueu,,, (Notary Seal) ,,,.�� 4I-IN(x'''. .� pFtY c� gG �O,� G, Z= Notary Pub !' 0 ; My Commission Expires:i P100 WIGS ^: Manua,+ : 1367671 - 2- Inst # 197106 Book 1895Page: 966 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIR I S I JAMES, Il`.C. By: X40ohn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSW CK COUNTY I, , a Notary Public of said County and State, certify that JO A. ATKIN ON, J . ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the( _day o 200 . (Notary Seal) 2-1 * ,OU j�j '•�•.,,� Notary PublQ My Commission Expires: Q2 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 12th February 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ROE J.RO I 50N,Register of Deeds 1367671 - 3 - No / 57 B:.>ooddc cb,,,k3.-Regf of D'Ift 1 3tp6ezt J. BObinman CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS INst#4419 Bpi* 11FWge 57 ST.JAMES DEVELOPMENT CO LLC.('OWNER"),BY RECORDATION OF THIS 09/22/2004 09:22.09M Sect PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS � � �• M'W� � IS COMMON AREA. THE COMMON AREA DMSSLY IS NOT DEDICATED HEREBY "� R _•'- f�:'` 1 e. FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST.JAMES � I" PLANTATION PROPERTY OWNERS'ASSOCIATION.INC.('THE ASSOCIATION') �omlc aw ww. .•' - ^ FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAMES luwr r. 5 PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH _- r` IN THE MASTER DECLARATION OF COVENANTS.CONDITIONS AND RESTRICTIONS BANCROFT II FOR ST.JAMES PLANTATION DATED NOVEMBER 26,1990 AND RECORDED IN - BOOK 539.PAGE 451 BRUNSWICK COUNTY REGISTRY.AS AMENDED.WHICH - '• NEIGHBORHOOD 60,E MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OF Aprt' wal SECTION 9. PLAT 2B THIS PLAT. lk- LOT 18 vp OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION wAlrKyilT1°til^ 7� y��. BELLSOUTH OR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION,CABLE TV SFP� �tQ ANND ASSIGNS AOVIDER AS ENONEXCLUSIVE EASEMENT TO INSTALL.MAINTAIN AND SERVICED BY ASSOCIATION.AND THEIR RESPECTVE S r` 1 11 -' / 2 7HDR RESPECTIVE ONES,WIRES.CONDUITS AND PIPES MITHIN THE COMMON AREA VICINITY MAP i \ �9j -I FOR THE PURPOSE OF PROVIDING SERVICE WITKW THE DEVELOPMENT(AS DEFINED IN THE MASTER DECLARATION).TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) OVER AND UPON THE COMMON ffl"FOR CH PURPOSE,PROVIDED THAT SUCH `• V- ��j RIGHTS MUST BE USED IN A YAWq�R THA INTERFERES AS LITTLE AS P0551B1E 1W1F1 LOT 38 n I THE USE OF THE COMMON AREA�Yt;y11E OkIADON AND THE MEMBER$THEREOF. BANCROFT II OWNER RESERVES FOR ITSELF,IS )AND ASSIGNS,A USIVE BRUNSWICK CO1111TY,NORTH CAROLNA } I• h NEIGHBORHOOD / RIGHT OF WAY AND EASEMENT F01(�1N� ��R ESS AND REGRM 0 r9 MID; 1.MARTIN R.STOUGHTON.PLS L-3727, ACROSS THE COMMON AREA,AND E IR@TALLADON AND _ NTNCL?1F CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY BANCROFT I SECTION 9, PLAT 2C DRAINAGE FACILITIES AND UTIU71ES ITN N IRRIGATgN IN SUPERVISION FROM AN ACTUAL SURVEY MADE IrKUO_ I MC 30,PG 15 1 AND SUCH OTHER EASEMENTS ASBED P�F OE NEIGHBORHOOD -may%j a LOT 85 MASTER OECLARAn01N,DR N THE oFTR�cn EI c$Y;NAiiTjEA• UNDER MY IN SUPERVISION eoacs aFNo((rsjMnps� SECTION 9, PLAT 2E " APPLICABLE TO THIS PLAT TO 8E E Q-�Y OWNER Alm RECD INI'.T1E REFERENCED ON THIS PLAT; THAT LINES NOT i BRUNSWICK COUNTY REGISTRY,WH1�1""OF WAY AND EASEMOI MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES '- ASSIGNED IN WHOLE OR IN PART. ,;(„ v, AND WERE PLOTTED FROM INFORMATION AS NOTED CI r T 40I 3 r -1', sw�w/ ON THE PLAT; THAT THE RATIO OF PRECISION AS \ ST.JAMES DEVELOPMENT CO.LLC �- �t (A SV CALCULATED BY LATITUDES AND DEPARTURES WAS rLOT 39 ILOT 86 _ , , Ci IL GREATER 1HAN1:10,DD0; THAT THE AREA IS 1rr.-�.�f SC'', •1F�fy COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS `T'"' /, •\ BY: -+'I 191 L.,4 '4E':T 1L PREPARED IN ACCORDANCE WITH C S.47-30 AS AMENDED i-': �• '.� s�'SAL WITNESS MY ORIGINAL SIGNATURE KOSTRA71ON?) --;,;� , �•� MANAGER/AUMORIZED AGENT _ - Cain :NUMB SEAL THIS THE_21:-DAY OF_Jt!L[f IRF LOT 87 BANCROFT B 1�..: NEIGHBORHOOD CURVE TABLE �� wMFr MARn STOUGATON � L-3727 i• Rp Wt�' SECTION 9, PLAT 2F R DELTA ANGLE RADIUS ARC CHORD BEARING CHORD PROFESSIONAL LAND SUR BANCRIN`T_j 11 CIO IRF Q V \ Cl 203' ' 300.00 109.34 41 •08" 10&73 NEIGH86RKOW IRF \ C2 T 1975.00 263.88 4 4' 208.73 THIS SURVEY CREATES A pVI9.OF LAND LOT 88 �� C3 4'4" 5025.00 64.90 N 1,53"W 64.90 WITHIN THE AREA OF A COUNTY OR MUNICIPALITY 46 SEC110N_• P 2E N cl, C4 1' 4975.00 66.60 N "W 86.60 THAT HAS AN ORDNANCE THAT REGULATES PARCELS - c10T 54 �+1 f\ C5 2025.00 U-13 '1 R. BB.13 OF LAN 0.wA1EKtaAUSL/ 55 56 gY' / /. LOT 89 CCS_XjL4Z 7 2D25.00 90.55 4 7' 90.54 WwAwA¢rwxMlNr 0.40 A� ' '35' 2025.00 91.65 S 'SY 91.84 MARTIN R.STOUGHTOH L-3727 ACRES. 0.44 $ •c4 CS 7 '1" 300.00 41.44 w 41w1 PROFESSIONAL LAND SURVEYOR ' ` ACRES'' A / �\ C9 17 300.00 90.95 1'14"W 90.61 .1 POND KiF I ) `yam 0.43 3 57 [ 1 � LOT 90 C11 11t371 ' 130.DO 26.22 300.00 N 4T0''M' 26.57 THIS FOR ELAN HAS 140KY V. CONTROL ' \ ACRES•• f/ ` S HAS SEEN APPROWEO FOR MONUMENT NNam�,,, ST. JAMES PJ16EMIlm ONLYIf IHE N 72,439LS961. (MAD 83)r \ \ O40 ! -�C4; 1,-, DEVELOPMENT CO.. LLC LINE TABLE COUNTY ENDIN66R , E 2,271,961.89 7 ACRES, a0 ss'WAWAeaMM/ LINE DIREC110N LENGTH +- �,, _ \ LOT 58 LOT 59 \ • ` 59 R, pw.nlAe[YAS6/CIY �•,�_ 0.37 ,t°B L2 \ 1 ACRES •. s 1ro5'O9' 36.12 l.: PO * Ls 1 49.06 NOTES: LOT 60 NB7y' ^ 630q 1'L'• OJ �'L' L4 6 44 4.25 1. THE ZONING OF THIS TRACT IS R-7500, THIS PUT 5 PART OF A PW, POND iS�. \y AC'=S W %Y• S �I 7 "W 25.04 2•SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS HG, ' ' ' 5.18 ACRES; NUMBER OF LOTS CREATED IS 10; DENSITY Vti"'`-,. /• '- N k�'T! - 61 r 09" J 26428 W 25.00 IS 0.52 UNITS PER ACRE; LINEAR FEET OF STREETS IS 789'+/-. LOT 66 7t (TOJ� y �'CRES `h * 3 ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD j, HAZARD AREA. t - ' 1 OT 67 l 62 3 4.THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT SANDERLING EAST r, y \ 0.34 CO., LLC P.O."BOX 10679. $OVTMPORT, NORTH CARpLNA 28461 SECTION ,PG PLAT 1 �- .., 4• ACRES.^ �� (91D)253-300 MC 16.PG 161 I'�.V , 'C 63 = J I 5 THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. .�gy; f 0 34 UNAUTHORIZED USE IS NDT PERMITTED �1 iV1rV` 8 POND '�Qy\ 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS \ "WJ ACRES• PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE 0'• 64 ST. JAMES ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED 0.34 DEVELOPMENT CO., LLC BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': LOT 54 ,V'-`..L �•rJ / P. \ ACRES CORNER SIDE IS'.REAR 45. !" 1'1PU0:SUFFER / y 7.AONMIUM DWELLING SIZE AND MAXIMUM WPERVIDUS COVERAGE SPACE) LOT 54 h RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS 1 y.:: APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY C_ IifbN AREA REGISTRY. (p 7 ACRES CONTROL / S.IN AD017ION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, c1 x, MONUMENT EASEMENTS FOR DRAINAGE AND UTILnTES ON ALL LOTS.AS MORE �1'j '� N 72,056.71(NAD 33) C�� PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS 1' E 2.272.603.07 LOT 54 �40 . _ APPLICABLE TD THIS PLAT, ARE RESERVED AS FOLLOWS; 5'INSIDE FRONT C_-4 :; �•, ��, •.:,• LOT UNES; 5'INSIDE ALL SIDE LOT LINES; 5'INSIDE REAR LOT UNES IF - n.q L \\ -' THE LOT HAS AN ABUTTING LOT TO THE REAR; 10-INSIDE REAR LOT LINES I; cl E' THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. •. ��•D-='I 9 EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION �j GEORGETOWN AT ST. JAMES PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, ^� r AND THAT AND PLAJURT ALLOTMENT OF BRUNSWICK COUNTY AN 1. K REVIEW OFFICER OF LOTS 93-109 ARE RESERVED 15' it ALL LOT LINES ABUTTING A STREET. 1 LLI I AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND WHICH 1 K'CRIfInC CERTIFY THAT THE MAP OR PLAT TO 10. EASEMENTS f DR DEED. RECOU THIS LETS FOR IS AFFIXED PEES ALL STATUTORY MC 25,PG 18 PROVIDED IN STHE bTRICTtVE COVENANTS APPLICABLE TO THISAGE AND MAINTENANCE, AS MORE ARY PLAT. 11l' REQUIREMENTS FOR RECORDING. IRF IRON REBAR FOUND 5, ARE RFSE N 15'OUTWARD FROM THE EDGE OF ALL LANES AND PONDS. LJW, ST.JAMES DEVELOPMENT CO..LLC THIS PLAT BY., _ ,.Q.f�n� ,�V '-F ,1 SCALE: 1" = 100' PG 403. =.1� 5E PLAT PREVIOUSLY RECORDED N MC 30. ,i',s•+-.;1 MANAGER/AUTHORIZED AGENT R W OFFICER 'F 1-.1 `� 7 11 " C�J F 0 56 1 200 '.:;,' ✓� r� DATE REVISION INITIAL . ;, [..�} -5 n11. �=. THE RESERVE 4MFM&OMED � - 1-:� iC'�) BANCROFT I NEIGHBORHOOD 3987 BUS. HWY, 17 EAST tom`' LOCbYOUD FOLLY 3T( N SECTION 9, PLAT 5B BOLIVIA. NC 28422 8>" WNSHIP o STD'JAF1 PHONE;910-253-6622 FAX:910-253-6634 BPLINO�[CK CQUNTY NQRTF9'CA NA DWG NAME: VS101-012500050 a PLANTATION PROJECT NUMBER:01250-0050 DATE:7/7/04 SCALE: 1"=100' Internet Site: http://www.mckimcreed.com �•,' 1r. REVISION:I CHECKED BY:MRS DATE: DRAWN BY:RDT FIELD BOOK: ')MCA foT 31 _PW�E 1517 09 aalo* 09 : as :[A-a am tutu Robert �k Inst /220 Rc ns 1R sicr 07/1.9/2004 02:05:1.0 35p, R"Wage 330 RET l7' �' -SQ.� =-�- g TOTAL.f—REV �TC# � .. REC# _�CK AMT_CK# CASH _ REP______BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 5B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY TVIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of ul" V V" , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5B, St. James Plantation, recorded in Map Cabinet _:Z a Page J13 , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143800_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220810 Book V)81Page: NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1438001 - 2- Inst 1 220810 Book 1981Page: 332 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5) feet from the front and side property lines,five (5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143800_1 -3 - Inst # 220810 Book 1983_Page: 333 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1438001 -4- Inst # 220810 Book 1981Page: 334 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor,clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 143800_1 - 5 . w Ir►st # 220810 Book 1981Page: 335 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise,Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1438001 - 6- Inst # 220810 Book 1981Page: 336 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143800_1 - 7 - u n I1"St # 220810 Hook 1981Page: 337 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: y -- A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, AO-0— , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the S day of ,20_0 (1,. (Notary Seal) "",,•�,,,� Notary PuQic My Commission Expires: ?w "' : -•,, �- ) J .,, SR .� STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ics)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. R013EkT J.RO INSON,Register of Deeds 1438001 - 8 - brunswic:k County-=tteg i suer of Iles Robert J. Robinson Inst #220813. Book 1981Page 338 07/19/2004 02:07:01pn Rec# ' q 7,j-7( RETO 3 TOTAI2_REV U TC# , REC# CK AMT CD CASH REF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 5B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liabi company ("Development Co"}. First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 99 Plat 5B, St. James Plantation, recorded in Map Cabinet 31) Page 0,3 Brunswick County Registry(the"Lots'l. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration!), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment's (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 143799_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) v r Imst # 22081.1. Book 1.98]Page: 339 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC By: l� ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, J a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. L WITNESS my hand and official seal,this 1�day of J20 0 (Notary Seal) J Notary Public My Commission Expires: C Notary Public,North Carolina County of Brunawick Donna Valk •✓' CommissbnFx rea2/10/2009 143799 1 -2" IT'si: # 22081.1 Book 1981Page: 340 To evidence its consent to the annexation effected hereby,First St. James has causes utis Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: ohn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC NTY I, OU , a Notary Public of said County and State, certify that JOHN . ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC.,a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the 4426ay of 9 ill .200 'O FI L SEAL' A CNotary Seal) C'-a--' -*GomrrdeWn:E ,:1G:j notary Public, Carolina County of wi Donnak 2/ Notary Public My Commission Expires: to oD STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July 2004 in the Book and page shown on the First Page hereof. ROE J.RO INSON,Register of Deeds 1437991 - 3 - �I INRUNSAHGN CGNn,HIDR7H CAROLINA ��` RESERVE DEVELOPMENT CO., LLC / 4 MARTIN R,STHIS PLAT AS RAML-3727,U SGAVOT e� ' CERTIFY THAT iW5 PLAT WAS DRAM UNDER.Y7 F WTURE DEVELOPMENT MM AN ACN"�- Y M � Mc 24,PG 34a ST. JAMES DEVELOPMENT CO., LLC UNDER MY;;� MAPS �W` FUTURE DEVELOPMENT �IN•ED ON Tes PUT: A LINES HOT °ieue 1 / Mc 13.PG, Be064D WERE PLOTTED APPEAR AS BROKEN A ONES ALL WETLANDS AND HERE PLOTTED THEY INFORMATION PRECISION As NOTED LOT 35 / ON THE PLAT-THAT THE SA N aF PREdRM AS C+IEATER THAN NY LATITUDE1:1DODD, AND DEPTHE AREA I WAS /Af CONTROL GREATER THAN 1:DOMINATE THAT THE AREA 6 R �76R� MONUMENT COMPARED Pi CCORDANCE WITH TXOO:THAT 7-0 A RUT WAS 1 t A J. PREPARED N ACCORDANCE wIH C5.A7-3D A5 AMENDED. ST.JAMES R N 77,298-50(NAD 83) WITNESS MY ORM L%NANR EasRGTHTN PLANTATION LOT 34 E 2.272.153.67 �� ,-.'r,F A Alphi Aa TABS THE OF- ' A / 16 '•°`-.' 't' yam 'N1RACG,Iy7,µ rA>ERHAr LOT 33 �� 4 r , N t s MARTINI iCN L-3727 ] 'G PROFESSIONAL iAND SWtVEYdi I WYNDM�nEIRE �,TTpq VICINITY MAP ^•,, 11 4 - r;•'e A-'••. iNl6 5LR1Er CAEATEs A OF uND 3 Y "7s•cy :1�3" wTHN THEE AREA of A COU Y KIR+Y'PAun NOT TO SCALE) U ✓ 1�.. ,Q6) -�•,,..��'}_ _,,, THAT HAS W1.GE 1 ATES PARCELS 32 O fn a h: ar LArm. `" - - - ,;��,0.3E ,yam N - ? .+rwR::�:c• " - y__-, }�.�p_� f ^ 9 YWPROFEAIWAL LAND suR L 3727 Robert j. ftbivzm fttm-f '�y35tQL O1` ACRES r Z 0.63 I11St #4769 z 31 g ACRES 02/09/2005 OS:23:"" 3UkW 488 0.39 to RN>Ly a D(p33 ACRES t9 CERTIFICATE REDMOND cGAARDN AREA AID CERTAIN EASEMENTS C7 q ST.JAMES DEYELOPYEIIi CQ,LLC(�f�ER�BY RECORDATION Or INS C V 0 PLAT.HAS DESIGNATED CERTAIN AREAS OF L11D SHOM HEREON AS C T �W9 A� ry CONTROL 4'T COMMON AREA. THE COMMON AREA IDPRESSLY B NOT DEDICATED HEREBY WYNDMERE NEIGHBORHOOD 30 MONUMENT 1 -h r`r' PpL�A.T�TuiTPppdPWTMo�sNER� SUTAnn,INNCC CONVEYED 4nmr)JAMES ? N 61'15'S"E N 77,158.B6(NAD 63) -v"Ri,. I T,tea l bx LL:3 FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAMES 0.33 89.89 E 2,272.294.09 '1 Ln IN THE TION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH Le 'I BSAs ATION OF DOVO4AMM CONDITIONS AND RESTRICTIONS ACRES [V �� �, FORTHE JAMES OECVA71ON DATED MOVO4M 28,1DDO µD RECORDED IN n G, J BOOK BSD.PACE 453 BRWfSWCN COUNTY RE(iST Y.AS AYENDFD,RH Oi LOT 26 3 -4�s �l I ��/�� PSP� L� I( 3 MASTER DECORATION IS HEREBY INCORPORATED AND MADE A PART O' v� I •/� THIS PLAT. cy ' LOT 26A pi^v 27 �� O �j "La I;S OWNER HETYnc TELEPHONEmaj9EPsw TO 'C1«tORPDORRATION,TRIC MEMBERSHIP CORPORATION. nw. ATLM/ yV�b3 •� AS DESNCNATED BY n#ASSOOATWN,AND MDfl RESPECTIVE SVOCESSORS 0'40 �Y S pry yI AND ASSIGNS A M@E(CLVSiK EASEMENT TO INSTAEJ,MAINTAIN AND SFRNCE r ACRES I O,� ELOPMEkT(AS DEFINED /� i p, O q° EI0 THEIR RESPECTIVE LNES,WIRES.Y]IDAfS AND PIPES WITHIN THE COMMON AREA TAIGA, £ _ �� N TIE MASFOR THE TER CCCCLARATTCN) 7OZ`ImEt NTH THE FIGHSE OF PROVIDING SERVICE WITHIN THE T OF MOMS AND EaRCss Y 0.54 0"MD UPON THE COMMON AREA FOR SUCH PURPM PROVIDED THAT SUCH 7 y RM MUST RE USED N A MAIBNER THAT INTERFERES AS LITRE AS POSSEtl.E WTH h S s ACRES m ST. JAMES DEVELOPMENT CO., LLC RC THE TISE OF THE COMMON AREA BY THE ASSOCLATION AND THE MENBF7t5 THEREOF. FUTURE DEVELOPMENT OWNER MERVES FOR nMF. t /T OF WAY AND EASO"T IFOR MS$ REGRESS M£R MOD WETLANDS r �A MC 16, PG. Be `�T' y ( k' R�� o MROSS THE COMMON ARFi1,-FOR THE INSTALL,111GN AND MNETENANCE OF Jp2 q GIANALf FACLITIES AND UTRIIES(N�.IIORD RRRNTENN)IN THE OOMOM ARE& ST. 11�1 5_DEYk}(QPtSIF�►T, Vd..{C6'--1� sa MAS ER D LAR EASEMENTS AS 9DHN OR DECLARATION OF RESTRICTIVE d THIS PUT,N THE THE RESERVE S T I.03 �� Imo'J r ST4„ C APPU�M TO THIS PLAT TO BCE EXECUTED Y OWNER AND REL17�IN TIE NDMERE NEIGHBORHOOD B4f r REG$ BE S'S•2' 1 r Y� (I :J `r` ASSIGNED IN MH E OR IN PART. T OF WAY AND EASEMENTS WAY SECTION 8-2 W J 1 I N, LnG?N?H r .7 T MC 29,PG. 36 % t L L(,%4;1��•�,�, •ts,Q ST.JAMES DEVELOPMENT CO.,LLC X!/Z �Sti s LOT 2OOryi YJNACER/AU7HORZEO AGENT.. ,i .. N so. >oo= Rid NOTES 1.7MEST ZCANG L THIS IO TRACT IS R-Asap. GE POT M PART OF A PAD. ONE.TABLE �, p 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS LINE RECTION LEND - L�J '1'' �7 3.93 ACRES: NUMBER OF LOTS CREATED IS B: DENSITY �^J I �n I QS IS OAG UNITS PER ACRE;LINEAR FIST OF STREETS IS 927.NY+/-. Li N Yll' I���i'� 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD L2 1 "`R F-' M.A.7AAD AREA. H. 0%NFR OF THS TRACT IS ST.JAMES DEVELOPMun CO.LLC W 3 .. NNLY BOX TOM SOUTHPORT,NORTH CAROLINA 2114N(210)253-30OL 67 I4 (l`JJ S THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. UIIWTHOR®USE R NOT PEASWTED. '1 S.MINIM.IM BUILDING SETBACKS FOR ALL LOTS SHOWN ON T49 L6 N 7 ' 1"E•,..1 N 1 2 O) AARCHITECTURRAAL C'OONNTTROOLL(caMMT7TE OF THE VED POA�AND►ft Eo L7 4' 34.79 'v[ BY APPLICABLE15'. ZONING REQUIREMENTS): FRONT 30': SIDE 10': IB i'1 "W 107.85 7.NCWWIJN DWFI.UHG SIZE AND MAXIMUM NPERNOUS COVERAGE L9 W 15-561 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS FAIT TO BE RECORDED IN THE SRINSIMCK COUNTY RMSTRY THIS PLAN HAS BEEN REVIEWED e.IN ADDITION TO MAY EASEMENT SPECIFICALLY SHOW ON THIS PUT. FOR EASMEN79 ONLY AND eASEKNTS FOR DRAINAGE AND UNTIES ON ALL LOTS,AS MORE PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS HAS BEEN APPROVED FOR CURVE TABLE PLAN:U-::`UNIT!]k1FF..LCAF'MT:N 1 APPLICABLE TD THIS PLAT,ARE aESOnEo qs F'DLLOIFS:D'INSIDE FRONT EASEMENTS ONLY BY THE CURVE DELTA RADIUS ARC CHORD BRG CHORD -27, "•.:;N APPFIOVAN;f.Ar i 1'LO LOT LINES;s'INSIIIF ALL SIDE LOT LINES;a IMSIOE REAR LOT UNE3 IF COUNTY ENGINEER Y THE LOT HAS AN ABUTTING LOT TO THE REM+:t0'INSIDE REAR LOT DIES Cl 10'41'16" 300.00 55.98 S 89 1'43"W 55.88 l'u;T',, 1 S IF THE LOT DpES NOT HAVE AN ABUTTING LOT TO THE REAR. C2 555'33" 360.00 37.23 N 1 '27" W 37.22 r 9.EASEMENTS FOR PATHWAYS ON ALL LOTS,AS MORE PARTICULARLY +•-mil. " NMI OF" l r, J� 6! PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PUT, C3 300.00 37.1E •44'40" W 37.15 .a�` (L,1`f Ir a" ARE RESERVED 75'INSMDE ALL LOT UHES ABUTTING A STREET. C4 2'04'03" 2000.Q0 72.1E S 7913'42" 72.16 - IUUN�� x /0.EASEMENTS FOR DRAINAGE AND MNNTENANCE AS MORE PMTIHIS PLAT. Irr PROVIDED N THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT. C5 2'D4'03" 20SOiO0 74-33 S 79'13*42"E 74.33 1 -, , '----VE-1 � '� I V >rE°E�7++L0 WITHIN AND 1s'aFTW,wD FHaMH THE DOE OF ALL MM MD P"M _ /7 'T^ 11.THE 40A WEn.AND UNE SHOWN ON TIE PLAT IS FROM A DELINEATION CB 1852'S4' S30.00 174.66 N 70'49'18"W 173.8E - �•C.�p�n NP •{y APPROVED BY THE CORPS OF OIGHEERS ON FEB.8,2002. C7 1852.54" 470.00 19T89 N 70'49'16"W 154.19 �"7_eC q. WETLAND LINED ME 9US"T TO CHANCE. ZUIRL• ;As THE RESERVE THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE �`�y MARSHFIELD NEIGHBORHOOD LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION !r'L(yk,Y RENEW OFFICER OF p SECTION 4-1 WIC REGULATION AND JURISDICTION OF BRUNSK COUNTY I. ../` AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSSSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO MC 28,PG. 35 DEED. WHICH THIS CERMCATION IS AFFIXED MEETS ALL STATUTORY � REQUIREMENTS FOR.RECORDING. �s SCALE: 1" = 60' �. .� ST. JAMES DEVELOPMENT CO.,LLCO- y ,3 Rw l."!-�" 1 0 '00 LOT 29 MANAGER/AUTHORIZED AGENT REVIEW OFFICER C I:� \ \ DATE _ REVISION INITIAL LL�)[j THE RESERVE v WYNDMERE NEIGHBORHOOD TOWNSHIP T398E BUS. HOMY. 17 EAST LQCKWQQD FOLLY TOWN QF LOTS 27-32 TOWNSHIP ST. JAMES BOLIVIA, NC 28422 BRUNSWICK COUNTY NORTH CAROLINA DWG NAME: VS102-040180009 PHONE:910-253-6622 FAX:910-253-6634 PL N TATION PROJECT NUMBER: RESERVE2 Slq DATE: 2/1/05 SCALE: 1"=60' REVISION: CHECKED BY:MRS Internet Site: htkp://www.rnckimcreed.com DATE: DRAWN BY:RDT FIELD BOOK: A49 Jr alp cs 5:a 3 : x 4 AM s�' 1.oa MIS BrunswirJr CmMty—Register of Jos Robert J. Robinson Inst #25051.1 Baal; 2087P?agre 31 02/09/2005 05:24:07pn Rec# RET TOTAL 3 F REV REC#�`CKAM CASH_ REF_ B C1G# Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation, The Reserve Wyndmere Neighborhood Lots 27-32 NORTH CARO:LINA—BRUNSWICK COUNTY THIS AMENDMENT AND DECLARATION is made as of February Z005, by St.James Development Co., LLC, a North Carolina limited liability company ("St. James Development Co."). WITNESSETH: WHEREAS, St. James Development Co. owns certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of the property shown on that plat of St. James Plantation, The Reserve, Wyndmere Neighborhood, Lots 27-32, recorded in Map Cabinet ,31 Page Brunswick County Registry(said plat is hereinafter referred to as the "Plat" and the property shown on the Plat is hereinafter referred to as the "Property" and the numbered lots shown on. the Plat are hereinafter referred to individually as a"Lot"and collectively as the"Lots"). WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together with all amendments thereto recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise defined herein, all terms defined in the Master Declaration shall have the same meanings in this Amendment acid Declaration); WHEREAS,the Master Declaration provides that a Declarant may annex additional land into the Development, and the original Declarant has assigned that right with respect to certain land, including the Property, to St. James Development Co. pursuant to that Partial Assignment of.Declarant's Rights:recorded in:hook 1178, Page 529,:Brunswick County Registry; 154428_1:DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Examination) rnst: # 250511 Book 2087Page: 32 WHEREAS,the Master Declaration establishes certain covenants, conditions, restrictions and easements running with the land located in the Development, including provisions setting forth certain functions and duties of. St. James Plantation Property Owners Association, Inc. (the "Association") and its Architectural Control Committee (the "ACC"), and easements and other rights reserved by Declarant; WHEREAS, St. James Development Co. has determined to annex the Property into the Development and subject the Property to the provisions of the Master Declaration, and St. James Development Co. also desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability thereof and of other adjacent properties. NOW, THEREFORE, St. James Development Co. hereby declares that the Property is annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions'and easements contained in the Master Declaration, and to the following additional covenants, conditions, restrictions and easements, all of which shall run with the land and be binding upon every Person having any right, title or interest in such land or any part thereof.,their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a .Lot may be used as a temporary sales office and/or model with the prior written consent of St. James Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of St. James Development Co. St. James Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of.any Lot or Lots owned by St. James Development Co. A combined Lot may be created by (i) St. James Development Co. replatting any two or more Lots, or (ii) an Owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. .For purposes of this paragraph, the area to be included in the determination of the total number-of heated square feet shall be all 154428_I.DOC - 2 Inst # 2505U Book 2087Page: 33 interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ArchitecturaI Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the Owner and for good cause shown, the ACC may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the ACC. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the ACC reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot;provided,however, that the following shall be minimum standards unless expressly waived in writing by the ACC (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of. a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. St. James Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of. St. James Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all.property lines,measured five(5) feet from the front and side property lines, five(5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association ui easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 13 below for additional provisions regarding lakes and ponds); and (iv)other easements as shown or described. 154428_1.DOC -3 _ Inst # 250511 Book 2087Page: 34 on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the :Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the Owners thereof. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the ACC, no structure of a temporary character shall be erected, placed or allowed to remain on any:Lot, nor shall any building materials be stored on any Lot. No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the ACC. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except W a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor,the design of which must be approved by the ACC. 10. Animals. No animals, livestock or poultry of any .kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite:Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the ACC, as amended. 12. Boats, Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however,such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such:Lot. 154428_1.DOC - 4- Inst # 250511 Book 2087Page: 35 A The Board of Directors of the Association; in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b)"above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James PIantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the ACC. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board. of Directors of the Association and as set forth Master Declaration. in the 17. Repair or Removal of Improvements. Any improvement damaged in whole or debris removed and the Lot restored to a sightly condition. Such rebuilding o in part by casualty, fire, windstorm or from any other cause must be promptly restored or all shall be completed within three(3)months from the date of the casualty unles s s the ACC grants r removal of debris written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the ACC unless it is in the area of fine Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any Owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. To the extent that al l'or any portion of a lake or pond is located within a Lot, the Owner of. such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with the State Stormwater Management Permit issued or to be by the Department of Environment and Natural Resources, Division of Water. Quality, under NCAC 21 .1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the 154428_1.DOC _ 5 Tnst: # 250511 Book 2087Page: 36 Stormwater Management Permit. These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is as follows: Lot 29 9,000 square feet All other Lots 7,500 square feet This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of.-way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways,and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean.high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. St. James.Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of. North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the ACC or the Board of Directors of the Association, the ACC or Board of Directors, as applicable, may waive a violation. of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, St. James Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the 154428_1.DOC - 6- Inst # 250511 Book 2087Page: 37 concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 24, Term. The covenants, conditions and restrictions set forth herein shall run with the land and shall be binding or. all Owners of the Trots and all persons claiming under them through April 18, 2021 (which is thirty years from the date the Master Declaration was recorded), after which time such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years unless terminated pursuant to a recorded instrument signed by two thirds (2/3) of the then Owners of all property in the Development in accordance with the requirements for termination of the Master Declaration as set forth in Article IX, Section 3 thereof... The easements reserved herein shall run with the land subject thereto and shall. be binding on all owners of such land and all Persons claiming under them, s except to the extent that the Person or Persons having rights to an easement have relea ed such rights pursuant to an instrument recorded in the land records for Brunswick County, North Carolina. Any termination of. paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 25. Amendment. St. James Development Co. may unilaterally amend any of the covenants, conditions, restrictions and easements set forth herein so long as it still owns any portion of the Development or Additional Property, and so long as the amendment has no material adverse effect upon any substantive right of any Owner. No amendment required by any state or federal agency or to correct obvious typographical or drafting errors or inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions set forth herein (but not the easements) may be amended only by the affirmative vote or written consent, or any combination thereof,of members of the Association representing two thirds(2/3) of the total votes of each Type of Membership; provided that any such amendment prior to April 18, 2021 shall require the written consent of St. James Development must be properly recorded. Any amendment of paragraphs 20-22 shall equi a the concurrence of the State of North Carolina, Department of Environment and Natural Resources, .Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, St. James Development Co., the Association, and their respective successors or assigns, and each Owner of property in the Development, shall have the right.to enforce, by a proceeding at law or in equity, the covenants, conditions and restrictions set forth herein,against any Person violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by St. James Development Co., the Association, or any Owner to enforce any provision hereof shall in no event be deemed a waiver of the,right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of St. James Development Co. hereunder shall inure to the benefit of its successors and. assigns if so specified by St. James Development Co. in a recorded instrument; provided, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of. the Development owned by St. James Development Co. 154428_i.DOC _ Inst # 250511 Book 20BIPage: 38 28. Severability. Invalidation of any provision hereof by court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. IN WITNESS WHEREOF, St. James Development Co. has caused this instrument to be duly executed as of the day and year first above written. First St. James, Inc. joins in this instrument for the sole purpose of consenting to the annexation of the Property into the Development, as required by the Partial Assignment of. Declarant's :Rights to St. James Development Co. St. James Development Co.,.LLC By: - ohn A. Atkinson, Jr.,Authorized Agent First St.James,Inc. By: ~� ohn A. Atkinson,Jr., Vice President NORTH CA:ROLINA BRUNSW COUNTY I, �. a , a Notary Public of said County and State, certify that.JOHN A. ATKINSOppeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the g day of 2012s {Notary Sea]) Paix 4& My Commission Expires: �'`(L�IN0�m, Notary Public 31 V �= �A' A1e6911\\\`,\ 154428_1.DOC - 8- NORTH CAROLINA Inst # 250SU Book 2087Page: 39 BRUNSWICK COUNTY n I ` a Notary Public of. said County and State, certify that JOH:N A. A��R�Onally�, me before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation,and that he as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of 2 (Notary Seal) -448-"` "" �y''',, �Not�aPub�lic -�g �� My Commission Expires: _ ?- © _C n 1 =Q v cNS . °jnpqHr9*�� STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK b �. The Foregoing(or annexed)Certificate(s)of l Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this in the Book and page shown on he First Page hereof. Day ofOli1� `CJvS RO E I RO SON,Register of Deeds 154428_1.DOC - 9- Johnson, Kelly From: Johnson, Kelly Sent: Thursday, March 5, 2020 4:07 PM To: Jack Noland Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) & Phase 3 Members Club (SW8 950325) Hi Jack, We typically require certifications that the project was built per the plan. But,this is essential�y a certification that the alternate configuration is adequate. This is new territory for us. I have not done this before, and we do not have a form for it. Keily From:Jack Noland [mailto:jack@stjamespoa.net] Sent:Thursday, March 5,2020 10:28 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:dhopkins@riverbrookbuilders.com Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) & Phase 3 Members Club (SW8 950325) Hi Kelly, Mark Brambell has not responded and I imagine he is wrapped up in his new projects. I think he is holding off doing further work on this project if he is not certain the POA will accept. I spoke to David Hopkins (cc'd)who is representing the developer. David and the POA board president met and discussed the possibility of an escrow account set aside by the developer for any future issues that may arise if we agree to accept an"intent/functional" certification like you mentioned. Do you have a sample or form of what the certification would need to look like? A group of POA representatives are going to Annette's stormwater meeting March 18. After that we plan to meet with the developer again to hopefully firm up an agreement. Thanks for your patience. Jack JACK mNOLAND, P.E. ENGINEER ST.JAMES PLANTATION POD. 4140 Southport-Supply Road Suite B Southport,NC 28461 910-253-4805 910-253-4808 (fax) 'The information in this email,and in any attachments,may contain confidential information and is intended solely for the attention and use of the named addressee(s)only.It must not be disclosed to any person without authorization.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to,and must not,disclose,copy,distribute or retain this message or any part of it." 1 t r From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent:Tuesday, March 03, 2020 10:00 AM To:Jack Noland<iack@stiamespoa.net> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) & Phase 3 Members Club (SW8 950325) Hi Jack, I still haven't heard back on this one. Is this something that you all still plan to pursue, or should I just return the application? Thanks, Kelly From:Jack Noland [mailto:iack@stiamespoa.net] Sent:Tuesday, February 4, 2020 10:24 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) &Phase 3 Members Club (SW8 950325) ■ Hi Kelly, Ironically, I just met with Mark Brambell and David Hopkins about permit transfers. Although the development is mostly complete and POA board controlled, David is the new point person for the developer for loose ends. I believe Mark is still allotting some time for this project. I forwarded your email to both and expect one will respond. Let me know if you don't hear back. We're continuing to work towards a transfer that will satisfy all parties involved. Thank you, Jack JACK NOLAND, P.E. ENGINEER ST.JAMES PLANTATION POA 4140 Southport-Supply Road Suite B Southport,NC 28461 910-253-4805 910-253-4808 (fax) "The information in this email,and in any attachments,may contain confidential information and is intended solely for the attention and use of the named addressee(s)only.It must not be disclosed to any person without authorization.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to,and must not,disclose,copy,distribute or retain this message or any part of it." From:Johnson, Kelly<kelly.p,iohnson@ncdenr.l;ov> Sent:Tuesday, February 04, 2020 10:00 AM To:Jack Noland<iack@stiamespoa,net>;JOHN ATKINSON <atkinsoni @ bellsouth.net>; 'Bobby Masters' <bobby.masters stiamesplantation.com> 2 Subject: FW: [External] RE: St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) & Phase 3 Members Club (SW8 950325) All, Who is the new contact for addressing this since Mark Brambell has moved on? We had met before Christmas about how to address the swales that were constructed differently than the original permit. We had agreed that you all would look at the swales and submit a certification that the constructed configuration meets the intent of the original design and that the project functions appropriately. But, I have not seen that come in? I have attached the letter from October and the data that Mark had sent me in October, but it doesn't fully address the items in the letter? Thanks, Kelly From:Johnson, Kelly Sent:Thursday,January 23, 2020 1:06 PM To: 'jack@stjamespoa.net'<iack@stiamespoa.net> Cc:JOHN ATKINSON <atkinsoni@bellsouth.net>; 'Bobby Masters'<bobbv.masters@stiamesplantation.com>; Mark Brambell<mark@terra-novo.com> Subject: RE: [External] RE:St.James State Stormwater- Paladin Club Phase 3 (SW8 030818) & Phase 3 Members Club (SW8 950325) All, I have the application submittal for SW8 950325. That will go out this afternoon. But, I don't think I have seen the resubmittal for SW8 030818. What is the status of that? Thanks, Kelly From: Mark Brambell imaiito:mark@terra-novo.com] Sent: Friday, December 20, 2019 11:07 AM To:Johnson, Kelly<kelly.p.io h nso n @ ncde n r.gov>; 'jack@ stja mes poa.net'<iack@stiamespoa.net> Cc:JOHN ATKINSON <atkinsoni bellsouth.net>; 'Bobby Masters'<bobbv.masters@ stiamesplantation.com>; Scott, Georgette<georeette.scott@ncdenr.eov> Subject: [External] RE:St.James State Stormwater-Paladin Club Phase 3 (SW8 030818)& Phase 3 Members Club(SW8 950325) 1/17/20 is fine. Do I need to get you anything for them at this time? Also,when do you think you can do an inspection for#40. The Maint Office- (Reserve and Players Maint Area) SW8 041205.That the one set to transfer to Troon. FYI 3 On my year-end list, I only have the red ones left to do. I did 4 yesterday so I will get them done. ai ALI YT'--Y4r�Y,pr IRSDTMM YIRp03 A.� tCa.� s . Ph—M.YrwmY —- PUM m, iee. - - f Uc F' N 'YwSna Rw2• Il�rmtlrY�r14 Ellwtrntonasa_ 7iSr wh o" SMIUM Yrri� G •�.T iM TeMri � : it :EEJ�wsPYrWar•SntWeTlr71 Y u M N YrrwYwd.trot L!C 41 @v 1 'A.I�IIAPWM011,.Sii11YlY�'llPrll M1_ _.. 11'AS 1 _-.... Mr S.1lnt�YYiil• __�........ �4 ' IS tl !. 1i�Y.PMw1.687w.1 o Piy�Nli�_„- rind - t ■ Nf - %luw.fuc 71 N- - STAR 40 �m: t[ Y60SNt 4WOR m. H remr W as a Y. alu wrTun,,,__ _ SSA8i01 a Mi isle d sll. .11V' [r Jrw ASP �A Hi . iY haON SY� t!lRW% nYYini lam t3; MO To"".ItsG Or �� Rw�ids Aww- F1 Y Nwo Tandw OYAo ! -1 o _ •, .mac. .. . ...,... .Paw ' 1 bntlaga7 ptW►iN7!t1u fowti �r'rti;ipgY :YttMrw Ca.:::.� Thanks Mark Brambell, President Terra Novo Consulting, LLC. r3i: 910 335-9011. Fars:91.0-338-30t12 From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent: Friday, December 20, 2019 10:50 AM To: Mark Brambell <mark@terra-novo.com>; 'jack@stjamespoa.net'<iack@stiamespoa.net> Cc:JOHN ATKINSON <atkinsoni@bellsouth.net>; 'Bobby Masters'<bobby.masters @ stiamesplantation.com>;Scott, Georgette<georgette.scott@ncdenr.gov> Subject: St.James State Stormwater-Paladin Club Phase 3 (SW8 030818) &Phase 3 Members Club (SW8 950325) Mark, We met last month to discuss these, but we never revised the due date as was set in the Cctober 14t'' letter. I need to do that so things are square for the auditors. Is 1/17/20 reasonable? Thanks& Merry Christmas, Kelly From: Mark Brambell [mailto:mark terra-novo.com] Sent: Monday, November 18,2019 11:35 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov>; 'jack@stjamespoa.net' <iack stiamespoa.net> Cc:JOHN ATKINSON<atkinsoni _ bellsouth.net>; 'Bobby Masters'<bobby.masters@stiamesplantation.com>;Scott, 4 Georgette<georeette.scott@ncdenr.eov> Subject: RE: [External] RE:St.James Plantation Paladin Club Phase 3 -State Stormwater(SW8 030818) VG. I just talked to Jack. We will see you at 10 Thanks Mark Brambell, President Terra Novo Consulting, LLC. Ce!i:9110-279-4439 ' 0'0.?33-9,0'i1 ax: 910-338-3002 From:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Sent: Monday, November 18, 2019 11:27 AM To: Mark Brambell<mark@terra-novo.com>; 'jack@ stja mespoa.net'<iack@stiamespoa.net> Cc:JOHN ATKINSON<atkinsoni@bellsouth.net>; 'Bobby Masters'<bobbv.masters stiamespiantation.com>;Scott, Georgette<georeette.scott@ncdenr.eov> Subject: RE: [External] RE:St.James Plantation-Paladin Club Phase 3-State Stormwater(SW8 030818) Thurs, 11/21 at 10am? From: Mark Brambell [mailto:mark@terra-novo.com] Sent: Monday, November 18, 2019 8:01 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.eov>; 'jack@stjamespoa.net'<jack@stiamespoa.net> Cc:JOHN ATKINSON<atkinsoni@bellsouth.net>; 'Bobby Masters'<bobby.masters@stiamesplantation.com>; Scott, Georgette<g_eorgette.scott@ncdenr.eov> Subject: RE: [External] RE:St.James Plantation-Paladin Club Phase 3-State Stormwater(SW8 030818) Hi Kelly Yes, I am proposing a two-tiered option at this time. With respect to your concerns and public accountability, I have copied Jack Nolan on this email. He is the St.James HOA engineer and as such I can think of no better person on weighing in on some potential issue for the homeowner's reliance on a Swale or potential erosion. I want to be clear here that I'm not trying to circumvent a final inspection prior to a transfer. Would you and Georgette have time to meet at your office on Wednesday or Thursday of this week to review? I will bring two copies of the full-size plans at that time. Thanks Mark Brambell, President Terra Novo Consulting, LLC. F, 5 Off: 910-338-9011 Fax: 910-338-3002 From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent:Thursday, November 14,2019 10:54 AM To: Mark Brambell <mark terra-novo.com> Cc:JOHN ATKINSON <atkinsoni bellsouth.net>; 'Bobby Masters'<bobby.masters stiamesplantation.com>; Scott, Georgette<georgette.scott(@ncdenr.gov> Subject: RE: [External] RE:St.James Plantation - Paladin Club Phase 3-State Stormwater(SW8 030818) Mark, Thanks forgetting back to me on this. I talked to Georgette and she said that you all were trying to get the BUA/rot issues corrected by the end of the year to meet an internal deadline. She said that you all had discussed the possibility of a two-tiered approach where you first get the BUA/lot addressed and then you address the plans at a later date (TBD). Is that what you are proposing here? You all brought up at the meeting that you didn't want to show inverts, supplements, or calculations for the swales that weren't installed per the permitted plan. I am open to other ideas on that. My concern is that I have to ensure that the plans are accountable to the public. In particular, if there are issues with the swales (erosion, draining the wrong direction,etc.)then the homeowners impacted by the change in drainage areas between the original plans and the proposed plans will want to know why the State allowed those changes to be permitted. What do you propose to mitigate this potential issue for the homeowners relying on the swales? Georgette said that you all may want to meet to discuss this? Also, assuming that you all are proposing the two-tiered approach, we will need to have two copies of the full-sized plans rather than a pdf via email when that comes in. We do not have a printer that large. Please also propose a schedule to complete the second tier if we only address the BUA at this point. Thanks, Kelly From: Mark Brambell [mailto:mark terra-novo.coml Sent: Monday, November 11,2019 10:21 AM To:Johnson, Kelly<kelly.p.iohnson(a ncdenr.gov> Cc:JOHN ATKINSON <atkinsoni@bellsouth.net>; 'Bobby Masters'<bo bby.masters@ stiamesplantation.com>; Hall, Christine<Christine.Hall @ncdenr.gov> Subject: RE: [External] RE:St.James Plantation - Paladin Club Phase 3 -State Stormwater(SW8 030818) a al email.Do not click links or open attachments Hi Kelly Please find attached the updated plan sheet revision. I have updated it to show the current swale locations. I have also marked up the drainage area sheet to reflect the same to demonstrate that the number of outlet swales per drainage basin is the same or has increased. I will not be submitting the following at this time. a. inlet elevations. b. Please submit an updated curb outlet supplement. 6 Johnson, Kelly From: Mark Brambell <mark@terra-novo.com> Sent: Monday, November 18, 2019 8:01 AM To: Johnson, Kelly; jack@stjamespoa.net' Cc: JOHN ATKINSON; 'Bobby Masters';Scott, Georgette Subject: RE: [External] RE:St.James Plantation - Paladin Club Phase 3 State Stormwater(SW8 030818) Attachments: Min Mod shts 3-1 and 3-2 r1.pdf CA UT I■ I Hi Kelly Yes, I am proposing a two-tiered option at this time. With respect to your concerns and public accountability, I have copied Jack Nolan on this email. He is the St.James HOA engineer and as such I can think of no better person on weighing in on some potential issue for the homeowner's reliance on a swale or potential erosion. I want to be clear here that I'm not trying to circumvent a final inspection prior to a transfer. Would you and Georgette have time to meet at your office on Wednesday or Thursday of this week to review? I will bring two copies of the full-size plans at that time. Thanks Mark Brambell, President Terra Novo Consulting, LLC. Cei!: 710 7a-448c - Off: 910-338-9011 Fax: 9_,,; 333-3,0C2 From:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Sent:Thursday, November 14, 2019 10:54 AM To: Mark Brambell <mark@terra-novo.com> Cc:JOHN ATKINSON <atkinsonj @bellsouth.net>; 'Bobby Masters'<bobby.masters@stjamesplantation.com>; Scott, Georgette<georgette.scott@ncdenr.gov> Subject: RE: [External] RE:St.James Plantation-Paladin Club Phase 3-State Stormwater(SW8 030818) Mark, Thanks for getting back to mQ on this. i talked to Gecrgette and she said that you al:were trying to get the BUA!lot issues corrected by the end of the year to meet an irterr:al deadline. She said that you a:1 had discussed the possibiiity of a two-tiered approach where you first get`he BUA/lot addressed and then you address the p!ans at a later date (TBD). Is that what you are p1 oposing here You all brought up at the meeting that you didn't want to show inverts, supp:•aments,or calculations fo:the swales that weren't installed per the permitted plan. I am open to other ideas on that. My concern is that I have to ensure that the plans are accountable to the public. In particular, if there are issues with the swales(erosion, draining the wrong direction, etc.)then the homeowners impacted by the change in drainage areas between the originai p;aos and the proposed plans will want to know why the State allowed those changes to be permitted. What do you propose to t mitigate this potential issue for the homeowners relying on the swales? Georgette said that ycu all may want to meet to discuss this? Also, assuming that you all are proposing the two-tiered approach, we will need to have two copies of the full-sized plans rather than a pdf via email when that comes in. We do not have a printer that large. Please also propose a schedule to complete the second tier if we only address the BUA at this point. Thanks, Kelly From: Mark Brambell [mailto:mark@terra-novo.com] Sent: Monday, November 11,2019 10:21 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Cc:JOHN ATKINSON <atkinsoni@ bellsouth.net>; 'Bobby Masters'<bobby.masters@stiamesplantation.com>; Hall, Christine<Christine.Hall@ncdenr. ov> Subject: RE: [External] RE:St.James Plantation -Paladin Club Phase 3 -State Stormwater(SW8 030818) not click links y_4..or open att eats unless ynu a Suspicious emaTirmachment to Hi Kelly Please find attached the updated plan sheet revision. I have updated it to show the current swale locations. I have also marked up the drainage area sheet to reflect the same to demonstrate that the number of outlet swales per drainage basin is the same or has increased. I will not be submitting the following at this time. a. inlet elevations. b. Please submit an updated curb outlet supplement. c. Please submit revised calculations for the swales as summarized in the supplement. I understand that this may result in the return of the minor modification submission. Thanks Mark Brambell, President Terra Novo Consulting, LLC. `2 I:9'0-279-448S Of�:910-338-9011 Fast: 91G-338-3002 From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent:Wednesday, October 30,2019 11:51 AM To: Mark Brambell<mark terra-novo.com> Cc:JOHN ATKINSON<atkinsoni@bellsouth.net>; 'Bobby Masters'<bobby.masters@stlamesplantation.com>; Hall, Christine<Christine.Hall @ncdenr.gov> Subject: FW: [External] RE:St.James Plantation - Paladin Club Phase 3 -State Stormwater(SW8 030818) 2 68"'6LZ'0I6 VN['IOZIVO H.LWOM'AJMOJ MIMSISMI&I jQ P03,I31M IOZ£ g J 60b8Z va1�J WON`QOleunuum �? 1\IIa�''IVa sarnvr'Zs ^r 11`JNI.L'If1SN03 OAON V2RIH Xtl7d K3.L MWNO,LS s s E A w A 'X- 1111,171,171 PX n mne'' pr_ � II ITI_ g �$F cs aAn9 J. �AIA AAA $ mi . p A j Ii uuam KRA..auAB ' 9 e gl 5 >ei 000sd�if („a� M m All g zg gg g gigi -M 1 �� � PI ���2� E I! s ��� ��� ��� 5! i���! °888�8 � _ I g, q � a S ! yT „ a g 4 6 F C 4 � 9 . s g _ 8 i N W 4 A 4 p A A R A g.. a m. VNaloldvZ)HDIOWAINnOD XJIMSNn-dG l'Ic PUOJND!A 1OZE CV1 (IV' V '60VSZ VqT—D qmK,UoVftRnT!M HSHd -Ull SaWVf isei all,DNUTISMOD OAON Mal Xod MV-]ddHIVA%W'dOJ.S T TpjBjCjp FF l!;!J!j I -1 i I i at t PI 11 1!1V1!lll 11IT11; t --- - -------- i 11g- 21 L CLL 3 j 2111 -Z-1 16 :L IA �l VNN 4 21 Ili �vl 6Z08119COT6 69t,Z-09*o'j-72a4S UM VNIIOUVO HIX A ONlMnOC)313 aldIMSN .NS16V �1 8 6648Z vull� 4M D WOX' IRW V'd'AXVd]KOO C HSVH-J NIGVqVl SMVVf-JLS and a ' �A ) D1�RRWDNj isvoo isva JM STIWAS EUVANVOISsol gv-dlry aDvtawa a 71- f ov q U 7 Consent of Directors of First St.James,Inc. to Action Without Meeting The undersigned, being all of the directors of First St. James, Inc., do hereby adopt the following resolutions by signing our written consent thereto: Removal of Officer RESOLVED,that effective as of the date hereof,Norman Hash,shall cease to serve as Vice President and Assistant Secretary of the Company and is hereby removed from such positions. Appointment of Officers RESOLVED, that the following persons be and hereby are appointed as officers of the corporation,to serve as such until their respective successors shall have been duly appointed: President Kenan C. Wright Vice President Robert F.Masters Secretary and Treasurer Amelia W.Dallas Assistant Secretary Margaret W. Wills Chairman of the Board RESOLVED,that Homer E.Wright,Jr.shall continue to serve as Chairman of the Board of Directors of the corporation until his successor shall have been duly appointed. This action is effective as of June 19,2013. Omer E.Wright,Jr.,Direct Kenan C. Wright,Direct r Martha W. Hopkins, hector 354445vr Brmnmaick County—Register of Deeds Robert J. Robinson STATE Ynst #27794 Rook 1336Page 959 10/15/199/1999 02:17pn Rem ►a��frr NORTH... went or The BAR©EI1NA I,ELAINE F. MARSHALL, Secretary of State of the State of North Carolina,do hereby certify that the following is a listing of all changes in the corporate name of the corporation named below, insofar as disclosed by the records of this office: Original name at date of incorporation or authorization: HOMER E.WRIGHT,M,INC. State of Incorporation: NC Date of Incorporation or Authorization: 20 Feb 1984 T0''�` � FiEv—_ TCi5L_ Name Changes Name Change was effected by Document and date filed or i Led Name changed to: Articles of Amendment F112ST ST.JAMES,INC. fled Ol Oct 1999 1 FURTHER CERTIFY that this certificate is in compliance with North Carolina General Statutes 55-4-05 and may be recorded in the office of the Register of Deeds in the same manner as deeds, the former name of the corporation appearing in the "Grantor" index and the amended name of the corporation appearing in the"Grantee"index. IN WITNESS WHEREOF, I have hereunto set my hand and affixed in official seal at the City of Raleigh, this 8 day of October, 1999. V s Secretary ofStatc STATE OF NORTH CAROUNA COUNTY OF BRUNSWICK This Instrument was filed for Registration on this t Day of .1999 in the Book and Page shown on the First Page hereof. ROB J.�ROB �N���Zeror �mds � b @1kj!I flIIII1IIIII1IIII IIII III!IIB34�3t!�t:S-18:6®1.001 ick County, NC Reglster of Qee mons PROP page 1 of 10 fir'il3.r v �..1 ,�;. ":ustocuni�ntdre�fleyiuib;lU�tGiX}ntlilipn ..")1x)nIfllARSEi��VkrifiptybyOfIQIQB� ... ..,,: !)iihaiCan00iDE?I(:AtptlllCL'dUfCQ j NORTH CAROILINA AUTHORITY TO SIGN DEEDS,PLATS, � RESTRICTIVE COVENANTS AND BRUNSWICK COUNTY OTHER REAL PROPERTY DOCUMENTS THIS AUTHORITY TO SIGN is executed as of 'L:T V" , 2013, by the undersigned Members and Managers,as applicable,of The Clubs at St.James Plantation,LLC; Harborwalk at St. James Plantation, LLC; Reserve Development Co., LLC; St. James Development Co.,LLC;St.James Plantation,LLC;St.James Plantation East,LLC;St.James Plantation West,LLC; and St.James Properties,LLC,each a North Carolina limited liability company (collectively, the "Companies'), is effective as of the date hereof, and shall remain effective until revoked in writing by the Companies. WITNESSETH: WHEREAS,the Companies are in the business of developing and selling lots or parcels of land in the development known as St.James Plantation in Brunswick County,North Carolina;and WHEREAS, the Operating Agreements of the Companies, as amended (the "Operating Agreements'),provide that the Members and Managers,as applicable,may delegate in writing to other persons("Authorized Agents")who need not be a Member or Manager of the Companies,the authority to execute deeds,plats,restrictive covenants and other real property documents. NOW,THEREFORE,the Company,the Members and Managers hereby take the following actions: 1. Authority of Members and Manager. The Companies acknowledge and affirm that, pursuant to the provisions of the Operating Agreements,the undersigned,without the joinder or consent of any other persons,are authorized on behalf of the Companies to execute,acknowledge, deliver and/or record deeds, plats, restrictive covenants, annexations, easements, settlement statements,affidavits, certificates and any other documents or instruments that they,in their sole discretion,deems necessary or advisable in connection with the marketing,development and sale of lots or parcels of land owned by the Companies. 2. Delegation of Authority to Authorized Agent. Pursuant to the provisions of the Operating Agreements and the authority granted by Section 57C-3-24 of the North Carolina General Statutes, the undersigned, being all of the Members and Managers of the Companies, hereby 354453v1 Prepared by: Schell BrayPLLC(JCK) i ]JJ 11 !ff 83 P1091 116-8cs01001 Brunswick I I kCl III IIII II I II II� Brenda M. C lemmons PROP: un y, NC Register of Deeds page 2 of 10 delegate to Robert F. Masters, as an Authorized Agent, authority on behalf of the Companies to execute, acknowledge, deliver and/or record deeds, plats, restrictive covenants, annexations, easements,settlement statements,affidavits,certificates and any other documents or instrumenk—that such Authorized Agent,in his sole discretion,deems necessary or advisable in connection with the marketing,development and sale,in the ordinary course of business,of lots or parcels of land owned by the Companies. 3. Binding Effect. Any and all documents and instruments executed and delivered by the Authorized Agent on behalf of the Company shall be deemed to be the act of the Company and shall be in all respects binding on the Company. 4. Modification or Revocation. This acknowledgment and delegation of authority shall remain in effect until modified or revoked by an instrument executed on behalf of the Company and recorded in the Brunswick County Registry. [signature pages follow] - 2- llI11 111111111111111101111 B34?3 p!kq song 5, PROP Brunswick County, NC Register of Deeds page 3 of N IN WITNESS WHEREOF,the undersigned have executed this instrument on behalf of the Companies,as of the day and year first above written. The Clubs at St.James Plantation,LLC By its Manager apolis Management Co.,LLC By: J A. Atkinson,Jr.,Manager BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person.personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A. ATKINSON,JP, Date: 1 i.,i JL. ,2013 ti ' r '`� =C Official Signature bfNotwy i Nl>Y lc.EwEu aatary ,Pobli� N • Notary Public �runsw�ck Coup Math Carolina Printed or tyx4 name M CommEssion E 'ras January 1 2014 My commission expires: 1 r= ( 4.. - 3 - i @fi-26-2018 R�Illllllll!!lllIIlllli�lilllll+�I�� 83�23 P1�93 iB:te:6i.a@i ; Brunswick County, NC Register of Deeds' Clemmons PROP; page 4 of 10 . HarborWalk at St.James Plantation,LLC By its Manager,Annapolis Management Co.,LLC By: _-- J A. Atkinson,Jr.,Manager BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A.ATKINSON,JR- Date: € 1 _`� ,2013 L Ofcfal Signaturebf Notary DY K.EWEII Nolaty Pah11c t 6ransrrickCouatp 1-1 Notary Public North Carolina Commisaioa Ex Tres January 29,2014 Printed or typeame My commission expires: -4- r it IJIIIJI i N I Jill 111111111 Jflilli Ili eg as a®43 83423 P�094 46018'61.001 Brunswick County, NC PROP: Register of Deeds' Cfemmans Page 5 of 10 Reserve Development Co.,LLC By its Manager,Annapolis Management Co.,LLC By: <2C/ J A.Atkinson,Jr.,Manager BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A.ATKINSON,JR. r Date: LuV ,2013 Official Signature qfAfolary MR N.EWELL Not ryPu6lic ).e r\&'rA- 9 " e i I Notary public eruns ck County Nodh Commission m f piwanuary 29,Qo�a f Printed or typed me My comission expires: 1 -5 - IIIIII 11111111 Jill 11111111111111 Brenda33 Ps�C 8 5®1pRop Brunswick County, NC Register of Deeds page 6 of 10 St.James Development Co.,LLC ohn A.Atkinson,Manager BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A. ATKINSON. Date:. ,t tt ? r-45 2013 Qfflcial Signature Notary IL'Ia�i K.EWELL otary Public 4 r Brunswick County �. fir'ni^ t k' 1 ,Notary Public North Carolina Nl�Commission Expires January 29,2014 Printed or ty id name My commission expires: t___ r ` -6- 111111111111 Jill 111111111111111 B3423 P106 ons:5.001 I Brunswick County, NC Register of Deeds page 7 of Is St.James Plantation,LLC B L.� Y• Kenan C.Wright,Mana r �� I #,r'v i\5w i['f QCOUNTY NORTH CAROLINA I i I certify that the following person personally appeared before me this day,acknowledging to I me that he signed the foregoing document: IENAN C. WRIGHT. Date: "j i A rL. - `` ,2013 Official Signature YbfNotary ur K.eweu (Official Se eotaryI uidy �;L�C Notary Public North Carolina r� Fx Commission Ires lasuary 29,20140. P. Printed o~ d name My commission expires: I i I -7- i IIf IIIlI11!l�llllffl!llU fll! 111114�3 0fi 20f3 Wmmon- oBrunswick County NC Reglster• of D ee ds s PROPI page a of 10 St. James Plantation East,LLC By its Manager, .James Development Co.,LLC By: J A.Atkinson,Manager BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A.ATKINSON. Date:' f ``i ,2013 Official Signature of Notary ul i*cia edY�aY K.EwELI otarpp Public Sronswick County \ Notary Public North Carolina Comm}ssfon,. tres January 29 2014 Printed or typW name My commission expires: - 8 - llil II1�l If I1111 lii�Ill��illil�ill ���Z3 �1�s �6-,e-501�, Brunswick County, Brenda f7. C1emrMons PROP: NC Regsste� of Deeds page 9 of 30 St.James Plantation West,LLC By: Reserve Development Co.,LLC,its Manager By: Annapolis Management Co.,LLC, its Manager By: �----� J A.Atkinson,Jr.,Manager STATE OF C, -COUNTY OF'- f v i"-'�Lu 1 C:K I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document: JOHN A.ATKINSON,JR. P Date: h ? - ,2013 � /1F-C` f` Official Signature`fNVotary =ia =EWELLotely ' f" C - I%� ,Notary Public j luPrinted or typ name Y 2g,2014 My commission expires: /,,a q - 9- �I IIilI��III�III1jII1lI[11Illll1!l11RRUTg-ie, .001Brunswick County, NC Register o p QdsPROPge I® of !0 St.James Properties,LLC By its Manager nnnn^apolis Management Co.,LLC By: C A.Atkinson,Jr.,Manager State of -County of 6rLi Y -1W L.9 I certify that the following person personally appeared before me this day,acknowledging,to me that he signed the foregoing document: JOHN A.ATKINSON,JR. Date: '_ Urtk. �;-: ,2013 t . N6Y EWFlt Official Signatureature Notary Of Ecial Sea Public nswick County }, ' North Carolirt tt.t' �:' ,Notary Public Commission Ex res Janus ry 29,281A Printed or typed name My commission expires: � .--1A! q I - 10- Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, October 30,2019 11:51 AM To: Mark Brambell Cc: JOHN ATKINSON; 'Bobby Masters'; Hall,Christine Subject: FW: [External] RE:St.James Plantation - Paladin Club Phase 3 State Stormwater(SW8 030818) Mark, Christine told me this morning that there was a long-standing practice for signature authority for St.James that was based on the recorded document you mentioned yesterday. That is an unusual situation. I based my two letters yesterday on the document inserted below, which is not recorded. There has clearly been a misunderstanding. Perhaps there was a recorded document on the CD, but there was *a lot*of information on that CD. As I explained yesterday, Linda is retiring and so I will have to step in and work on St.James. If there are other long-standing practices that are unique to St.James that come up,it would be helpful for you to explain that that is the case as they come up. My coworkers should not have to mediate when you are unhappy with something I have requested. Thanks, Kelly i C0DM1dDhrfdWM4f iSM414 Am"WN106t A4001mg Jim ur signed,being all of the dkcdm of First S.JtLaos,Inc.,dD bavby adup the folkmft rawf tit Ica by Ard%our wriltion cotmed RomeAf9fow R1RW3LVFD,ihAtffadiveasefdo dRID h=4 Mmytiazi Ekiih."aerie 10 mom as Vim fteswellf and Ai-jv�h 'liaffat"of aw compow a1w Is homby M=Vd RM ILA POW& Apppnft 40 kL- mL—k — RLISOLVL-D.tha 4h*fb4cwt%paww ba md hoobW xrc appair4od as offam of the awWaxiM to%, "as wh"I eaWr aspective;st=m-vm 4taf4 ha",bma dWy Wpain . prmi&m XCAUD C.whgfii Vice Presideal Robert F.Mlmtcts wrouq Amoliz W Dullvm A.,siqlant-%,=zary Mxrgalvt%'.W413 Qqirnian(if thG,Boixd Wriea,Jrshid"con firroc:aucrvca-i OU&M,QaO.,the Boad elk' Dire;ors of the corpi-ationundf hu s=, tswTsWbavc'ven duly appvaxicd. '"Wa ackan 1.3 bfWAw as ofJuvc 19,2013. Cl/ ig;sginw w4K LM" r 01 ORA W. From:Johnson, Kelly Sent:Wednesday,October 30,2019 10:16 AM To: Mark Brambell <mark@terra-novo.com> Subject: RE: [External] RE: St.James Plantation -Paladin Club Phase 3-State Stormwater(SW8 030818) Yes, I will be at that meeting... From: Mark Brambell [maiIto:markCZDterra-novo.com] Sent:Wednesday, October 30, 2019 10:08 AM To:Johnson, Kelly<keIIV.pJohnson@ncdenr.gov> Cc:JOHN ATKINSON <atkinsoni@bellsouth.net>; Bobby Masters<bobby.masters2stiamesplantation.com> Subject: Re: [External] RE:St.James Plantation- Paladin Club Phase 3-State Stormwater(SW8 030818) CAUTION-- Let me review with my engineer to see if we can meet the deadline. 1 will respond later today. Will you be at the SW transfer meeting in Jacksonville on the 7th. Thanks Mark Brambell Sent from a mobile device. On Oct 30,2019,at 9:29 AM,Johnson, Kelly<kelly.pJohnson@ncdenr.eov>wrote: Mark, Please see below in blue. Thanks, Kelly From: Mark Brambell [mailto:mark@terra-novo.coml Sent:Wednesday,October 30, 2019 8:06 AM To:Johnson, Kelly<kelly.pJohnson@ncdenr.eov>;JOHN ATKINSON <atkinsoni@bellsouth.net> Cc: 'Bobby Masters' <bobbv.masters@stiamesplantation.com> Subject: [External] RE:St.James Plantation - Paladin Club Phase 3-State Stormwater(SW8 030818) Hi Kelly 1. Signature Authority [15A NCAC 02H.1040(1)]: The annual report dated April 11,2019 lists the only manager as John Atkinson. Please submit documentation that Mr.Atkinson has transferred signature authority to Mr. Masters since the annual report was filed. The Secretary of Stat_'s yearly report does not require every member of it firm to be listed. The 2019 report attached lists John Atkinson as the Manager. In 2013, John signed a document thatt was recorded in B3423 P1090 making Master's an Authorized Agent for St.James Development Co., LLC. Bobby has signed the application in that rapacity. Nothing has changed since 2013. John is still the manager. I'm not sure what else I can provide short of reeding a new authority letter ever year. I have copied John Atkinson on this email and I_ will contact my swnwy or guidance. Please confirm with yotnr legal staff about this. It is standard practice to have the latest annual report list the managers of the company. If a person that is not on the current annual report signs,then they have to have a cuiTent letter from an individual listed on the most recent annual report giving him authority to sigm the documents. An individual may have had authority to sign in 2013, but that does not mean that they still do. We unfortunately have many instances where business relationships fall apart,and so we have to work with the current documents. 3 2. Deed Restrictions/Covenants [I5A NCAC 02H.1003(7)and .1042(2)(k)]: There are 20+ files. Are all of these needed to represent the impervious allocations for the lots covered by this permit? I usually see covenants update a table showing all of the lots in a single version of the covenants. Is it done per deed at St. James? (It is OK if it is in lots of different places,just unusual.) Theme is no covenant for all the Jots. Since SL James started there ha been a mvenant for eery plat recorded. Plene see the attachod excel fife, h hsts every lot Jin the pemit and loxes the aid pop of the pid and coven.ant T'lw pW and covenant nww fitilds nU&I the pdf in the plats and cat+fokiem This is how [tract this Thanks. <rnage002JPg> 3. Curb Outlet Swales: The August 24, 2005 plans show several curb outlet swales that have been removed by the proposed configuration. Examples of these swales had been located between Lots 23 and 24, 57 and 58,and 50 and 51. I do not see curb outlet swales on Sheets"3-1 of 5"or "3-2 of 5". The other sheets submitted had been previously permitted,but the drainage areas reflect the previous configuration and not the proposed configuration. a. Please show the curb outlet swales on the plans with their drainage areas and supporting drainage data such as topography and inlet elevations. b. Please submit an updated curb outlet supplement. c. Please submit revised calculations for the swales as summarized in the supplement. My stated goal when 1 met with Linda to review the attached SW Boundary map was to do a him-ievel audit of each permit,to make sure all the covenants and permit allocations lined Tip. As you can see there are a lot of permits.This permit has 19.86 acres allocated to future development. While I understand your desire to confirm the swale calculations in the interest of lime I respectfully request you process this as a minor modification and allow me to focus on the matter at hand. As you stated in a previous email Linda is retiring at the end of thEo year. The same is true for me in that 1 will be►u, longer e-mnloyed b,the developer in ruy current deity. I talked to Linda. She agreed that there was a need to get the covenants and allocations resolved,that doesn't mean that we can move forward without getting other elements of the project(such as the curb outlet swales)permitted appropriately. While the accounting is an important element of getting the project finalized,I can't approve plans that don't have the new locations and supporting information for the curb outlet swales that were evidently not constructed.per the plan. Please let me know if you still intend to pursue this modification or if you would Like to have it returned so that you can have more time to resolve this issue. Thanks Mark Brambell,President Terra Novo Consulting, LLC. Cell: 9 .0-279-4489 Off: 910-338-9011 Fay..:91'-332-3002. 4 From:Johnson, Kelly<keily.P.iohnson ncdenr.gov> Sent:Tuesday,October 29, 2019 11:02 AM To: Mark Brambell <mark@terra-novo.com> Cc: 'Bobby Masters'<bo-bby.mastersCED stiamesolantation.com> Subject:St.James Plantation-Paladin Club Phase 3 -State Stormwater(SW8 030818) Mr. Masters, Please see the attached request for additional information. Thanks, Kelly I�.���I�OhV1.SOV1. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 284OS-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 5 Ago l�� 1 ROY COOPER Governor MICHAEL S.REGAN .� �,. secretary S.DANIEL SMITH NORTH CAROLINA Director E►evirw ntentdOua ltv October 29,2019 Via email only: bobbvmasters0sgamesplantation.com St.James Development Company, LLC Attn: Mr. Robert Masters PO Box 10879 Southport,NC 28461 Subject: Request for Additional Information Stormwater Project No.SW8 030828 St.James Plantation-Paladin Club Phase 3 Brunswick County Dear Mr. Masters: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for the subject project on August 8,2019. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review,please provide the following additional information: I. Signature Authority[15A NCAC 02H.1040(1)]:The annual report dated April 11,2019 lists the only manager as John Atkinson. Please submit documentation that Mr.Atkinson has transferred signature authority to Mr. Masters since the annual report was filed. 2. Deed Restrictions/Covenants [15A NCAC 02H.1003(7)and.1042(2)(k)]: There are 20+files. Are all of these needed to represent the impervious allocations for the lots covered by this permit? I usually see covenants update a table showing all of the lots in a single version of the covenants. Is it done per deed at St.James? (It is OK if it is in lots of different places,just unusual.) 3. Curb Outlet Swales: The August 24,2005 plans show several curb outlet swales that have been removed by the proposed configuration. Examples of these swales had been located between Lots 23 and 24, 57 and 58, and 50 and 51. I do not see curb outlet swales on Sheets"3-1 of 5"or "3-2 of 5". The other sheets submitted had been previously permitted,but the drainage areas reflect the previous configuration and not the proposed configuration. a. Please show the curb outlet swales on the plans with their drainage areas and supporting drainage data such as topography and inlet elevations. b. Please submit an updated curb outlet supplement. c. Please submit revised calculations for the swales as summarized in the supplement. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations,supplements,narrative,and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 �.a�erEr���rr 910.796-7215 Please respond by November 13. 2019. If additional time is needed to submit the requested information,please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due date.Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the application fee. The construction of any impervious surfaces,other than a construction entrance under an approved Sedimentation Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Sincerely, x A Kelly Johnson Environmental Engineer GDS/kpj: \\\Stormwater\Permits &Projects\2003\030828 LD\2019 10 addinfo 030828 cc: Mr. Mark Brambell, Terra Novo Consulting, LLC; via email;mark@terra- novo.com Wilmington Regional Office Stormwater File Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, October 29, 2019 11:02 AM To: 'Mark Brambell' Cc: 'Bobby Masters' Subject: St.James Plantation - Paladin Club Phase 3 - State Stormwater(SW8 030818) Attachments: 2019 10 addinfo 030818.docx Mr. Masters, Please see the attached request for additional information. Thanks, Kelly K.eLL,�Johwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i Burd, Tina J From: Burd, Tina J Sent: Friday,August 23, 2019 2:33 PM To: 'bobby.masters@stjamesplantation.com'; 'mark@terra-novo.com' Subject: SW8 030818 - St.James Plantation - Paladin Club Phase 3 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Minor Modification Application for the subject project on August 8, 2019. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington_ NC 28405 _ E Email conespooderrr� 1 01) ication Completeness Review Checi-:isProject Name r����� C(�y� Date Delivered to WIRO: SD 7-Z(07 BIMS Recaived/Accepted Date: 1 Project Count 4'BIMS Acknow!edged Date: Rule(s): pastar l ';1995 Coastal ®Phase II ®Universal 1988 Coastal j Permit Actior /Renewal/Transfer **New Permit#: Permit Type: HD/ D/LD Overall/HD&LD Combo jExisting Permit#: `,2C� General Permit/Offsite/Exempt/Rescission ®PE Cert on File? =CF."Te°,gib( Offsite to SWS: i Development Type: Commercial/Residential/Other r7Master PE Cart on File,, Subdivided?: Subdivision or Single Lot For New or Transferred Permits Permittee is: Stream Class: IDProperty Owner(s) Developer Lessee PurchaserriOA EISA Map ORW Map P�-,b�•«,R ,ri. En.ul41.9 Engineer on: ®Suppleme t(s) (1 original per BMP) ®O M With correct/original signatures(1 ariginal per BMP exceot LSIVhS and swalesl Application with correct/original signatures Email Address: Design Engineer Corp or LLC: Sig.Auth. per SoS or Signature Authorization letter or report Email Address: Property Owner E3$505(within 6mo) Check#(s): ®No Fee Deed ❑Soils Report:w/SHWT or General Report Email Address: Lessee ®Calculations(signed/sealed) ' ' Lease Agreement ®Deed Restrictions, if subdivided: G�S w, Email Address: Purchaser M**Signed &Notarized Template �� cou--� MPurchase Agreement ❑Correct Template(Comm/Res&HD/LD) or Dec.Covenants&Rest. Email Address: Developer Recorded Covenants Email Address: HOA Representative Recorded Plats 1150%or more Lots Sold List ❑Project Narrative ❑USGS Map Plans -i 02-*Sets Wetlands: Delineated or to Wetlands ®Vicinity Map ❑Project Boundaries ffKegend Layout(proposed BUA dimensions) ❑DA Maps Details(roads,cul-de-sacs, curbs,sidewalks, BMPs, Buildings, etc) L_JExisting Conditions Landscape Plan Grading --PE Seal , :>•�. �—ts �G-o-�F i —� REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS AcknoWledgad Date on this Sheet **rOR NEW Projects-Enter New Permit#on Supplements&Deed Restiction Templates. G:WQ\\\Refererce Library\Procedures\Checklists\Completeness Review Cherklist_2018 03 13 g uR : - ,\Ll a'O v S Cno A-) a N a -, H �Fi2,lU�c7 lcsls a�� =� 12+�OvCC Tv Dk C. _ /NPEO7 —to 1�2a��oc 3e-S 1� a�lrcrvS 5QV Ok c-j 4 =7 I�.cLv�,S YYlas� 1v'f3 �j\� CCN Csp -7 I pS � 5 w � Coss pex hr.r SuMQ ,• { W l%cavOr no4- Y14S 5 c--tvu " 6 V ' K-MQ I�`� Terra Novo Consulting, LLC. Tr=1 Land Development $ Project Management Specialists August 05th,2019 Linda.Lewis. E.I Environmental Engineer III (Stormwater) NCDEQ-Energy,Mineral,and Land Resources -Land Quality Section 127 Cardinal Drive Extension Wilmington,North Carolina 28405 RE: Minor Modification SW8 030818—St.James Paladin Club, Phase 3 Dear Linda, On behalf of St.James Development Company,LLC., I would like to submit a minor modification to the above-referenced permit. The permit was first issued November 7, 2003, and last modified August 24, 2005. The purpose of this submission is to update your records with respect to lot layout/numbering,lot BUA,and covenants. This minor modification leaves the projects total BUA unchanged at 3,142,005 SE It reduces the total number of lots from 218 to 212 and with the exception of one lot reduces the BUA allocation to match the recorded covenants, freeing up 19.86 Acres of impervious that I have assigned to Developer future allocation. Please note, I have left the existing permitted allocation for roads, sidewalks and cart paths unchanged, for when the final permit transfer review takes place. Please find attached the following submittial package. 1. Two hard copies (with original signatures) and one electronic copy of stormwater permitting form 7. 2. Two hard copies and one electronic copy of the revised existing plan sheet 3 of 5. 3. One electronic copy of the plats and covenants that cover the permit. (See 01 Legal folder) 4. One electronic;copy of the existing permits. (See 02 Permit folder) 5. One electronic copy of my excel worksheet (See 05 Min Mod Aug 2019 folder). 3201 Wickford Dr. Wilmington NC 28409 i Tel: (910) 338-9011 A1tG 020�5 Thank you for your time and consideration of this matters If you should require any further information,please do not hesitate to call. Sincerely, Mark Brambell project Manager AUG 0 8 2019 3201 Wickford Dr. Wilmington NC 28409 Tel: (910)338-9011 Paladin Phase III SW8 030818 Existing Impervious Allocation as Per 08/24/2005 Acres Total Low Density Project Area 240.47 Total Impervious Area Allowed at 30% 72.14 Lot Lot Single Family Sq.Ft. Count Acres Single Family Sq.Ft. Count Acres 10750 228 56.27 Marsh Field Drive Lots 27,28,30,31,32 7500 5 0.86 0.00 Marsh Field Drive Lots 29 9000 1 0.21 0.00 0.00 Wynston Court Lots 171-177 7500 7 1.21 0.00 0.00 1 thru 215 10570 215 52.17 Total Lots 2,451,000 22B 56.27 Total Lots 2,371,550 228 54.44 Roads 539,343 12.38 Roads 539,343 12.38 Sidewalks 5' 75,859 1.74 Sidewalks 5' 75,859 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Structures Golf Course Structures Golf Course Future Allocation Golf Course Future Allocation Developer For Future Allocation Developer For Future Allocation 79,450 1.82 POA For Future Allocation POA For Future Allocation Total Impervious Area 3,142,005 72.13 Total Impervious Area 3,142,005 72.13 Proposed Impervious Allocation Lot Existing Single Family Sq.Ft. Count Acres Covenants Reserve Wyndmere Lots 27,28,30,31,32 7,500 5 0.86 7,500 Reserve Wyndmere Lot29 9,000 1 0.21 9,000 Reserve Moss Hammock Lot 171-177 7,500 7 1.21 7,500 Reserve Marshfield Section 3 Plat 3 Lots 30 14,000 1 14,000 Reserve Marshfield Section 3 Plat 3 Lots 3144 7,500 1 14 2.41 7,500 Reserve Marshfield Section 4 Plat 1 Lots 19-29 7,500 11 1.89 7,500 Reserve Bridgewater Section 9 Plat 5 Lots 1-10 7,500 10 1.72 7,500 Reserve Bancroft I Section 9 Plat 1A Lots 1-5,54-27 7,500 9 1.55 7,500 Reserve Bancroft I Section 9 Plat 1B Lots 16-23 7,500 8 1.38 7,500 Reserve Bancroft I Section 9 Plat I Lots 6-13,14A, 15 7.500 10 1.72 7,500 Reserve Bancroft I Section 9 Plat 1 C Lot 14B 9,200 11 0.21 9,200 Reserve Bancroft I Section 9 Plat 2D Lots 28-36 7,600 9 1.55 7,500 Reserve Bancroft I Section 9 Plat 2E Lots 37-54 7,500 18 3.10 7,500 Reserve Bancroft I Section 9 Plat 5B Lots 55-64 7,500 10 1.72 7,500 Reserve Bancroft I Lots 65-66 7,600 2 0.34 7,500 Reserve Bancroft II Section 9 Plat 2A Lots 1-10 7,500 10 1.72 7,500 Reserve Bancroft II Section 9 Plat 2B Lots 11-24 7,500 14 2.41 7,500 Reserve Bancroft II Section 9 Plat 3A Lots 25-34&72-80 7,500 19 3.27 7,600 Reserve Bancroft II Section 9 Plat 4B Lots 35-50&52-63 7,500 28 4.82 7,500 Reserve Bancroft II Section 9 Plat 4B Lot 51 7,560 1 0.17 7,560 Reserve Bancroft II Section 9 Plat 4A Lots 64-71 7,500 8 1.38 7,500 Reserve Bancroft II Section 9 Plat 2C Lots 81-85 7,500 5 0.86 7,500 Reserve Bancroft II Section 9 Plat 2F Lots 96-90 7,500 5 0.86 t 7,500 Reserve Bancroft II Section 9 Plat2G Lots 91-96 7,500 1 61 1.03 7,500 Total Lots 1,585,760 212 36.40 Roads 539,343 12.38 Sidewalks 5' 75,859 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Structures Golf Course Future Allocation ,Developer For Future Allocation 865,240 19.86 POA For Future Allocation Total Impervious Area 3,142,005 72.13 Revised 8/5/2019 Q�.. � 2019 (� 0� �9/Q Sd C201910504629 ` t LIMITED M I �2 9 SOS1D: 0407570 Date Filed:4/11/2019 11:59:00 PM ED LIABILITY COMPANY ANNUAL Elaine F.Marshall I W20i7 North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: :ST, JAMES DEVELOPMENT CO., 1_LC, C2019 105 04629 SECRETARY OF STATE ID NUMBER: 0407570 STATE OF FORMATION: NC Filing Office Use only REPORT FOR THE CALENDAR YEAR: 2019 SECTION A:REGISTERED AGENT'S INFORMATION ^• Changes 1.NAME OF REGISTERED AGENT: JOHN A ATKINSON 2.SIGNATURE OF THE NEW REGISTERED AGENT' SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 4006 St.James Drive SE P O Box 10879 Southport,NC 28461 Brunswick Southport,NC 28461 Brunswick SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Golf Course 2, PRINCIPAL OFFICE PHONE NUMBER: (910) 253-3001 3.PRINCIPAL OFFICE EMAIL Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS B, -0 4006 St.James Drive SE P O Box 10879 Southport,NC 28461 Brunswick Southport,NC 28461 Brunswick 6.Select one of the following N applicable. (Optional see instructions) ❑ The company is a veteran-owned small businPSG ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: JOHN ATKINSON NAME: NAME: TITLE: Manager TITLE: _ TITLE: ADDRESS: ADDRESS: ADDRESS: PO Box 10879 Southport, NC 28461 Brunswick SECTION Q:CER—11119CATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. ��: } SIGNATURE Form m e signed by a Company official listed under Section C of This form. DATE _TD�1n +kV)( r( MftV1 aABI Print or Type Name of Company Official PHn or Type Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 MAIL TO:Secretary of State, Business Registration Divislon,Post Office Box 29525,Raleigh,NC 27625-0525 t a�dL 4 � _ 2 ROY COOPER Governor MiCHAEL S.REGAN +� + Secretory S.DANIEL SMITH NORTH CAROLINA Director Envkww WW Quality July 17,2019 Reserve Development Company, LLC Tri-Brunswick,LLC (dissolved) St James Plantation,LLC St James Development Co.,LLC Attn:John A Atkinson,Manager PO Box 10879 Southport,NC 28461 First St James,Inc. (former legal Homer E.Wright Jr., Inc.) Brunswick Harbor,Inc. Attn: Kenan C.Wright,President PO Box 610 Eden,NC 27289 Subject: Notice of File Review Inspection (not compliant) And Permit Transfer Process St James Plantation-Various State Stormwater Permits(see attached list) Brunswick County Dear Messrs.Atkinson and Wright: Effective August 1, 2013,the State Stormwater program was transferred from the Division of Water Quality(DWQ) to the Division of Energy,Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the state stormwater permits for St James Plantation. The Wilmington Regional Office of DEMLR has recently fielded several calls regarding flooding and the state of compliance with the permitted low density swale conveyance system throughout St James.As has been relayed in the past to the complainants and to the HOA,flooding is not the purview of the Division.A swale or ditch that holds water or floods is not a violation of the permit. The permittee is responsible for restoring the swales to design condition in the event that flooding or the normal wear and tear over time cause erosion, deposition of sediment,or slope failure. This letter is being sent to the main development companies noted above,since they hold the lion's share of all currently issued stormwater permits in St James. It has come to the attention of DEMLR that the development will allegedly be turned over to the HOA by the end of 2020. Prior to that turnover date,all of the permits as listed on the attached,need to be transferred to the HOA In recent years, a process to transfer and consolidate the permits was agreed to between the developers,the consultants, and the Division. However,the Division has received applications to consolidate or transfer a total of 9 permits in the last 5 years. The slowness of the process can be mainly attributed to a lack of a timely response on the part of the consultant,and the submission of incomplete information,necessitating a couple of rounds of requests for additional information.Other factors include expired permits that have not been renewed,a lack of routine maintenance,unapproved changes in the number of lots,or in the lot or road layout,missing curb outlet swales,piping of swales, overbuilding on the lot,or adding sidewalks where none were approved. North Carolina Department of Environmental Quality I Division of Energy.INtnerai and Land Resources z.-:!�fD-EOA Wilmington Regional Office I @7 Cardinal Drive Extension I Wilnungtom North Carolina 28405 �: St.James Plantation Page 2 of 3 In addition to these more common compliance issues,it has come to our attention that the golf course fairways were purchased by Troon St.James, LLC early last year.If any of these fairways are part of the project area covered by the low density permits issued for St.James,their sale would be a compliance issue that would need to be addressed prior to transfer. The Division can accept a signed agreement from Troon St.James, LLC stating that the golf course fairways will not be developed with addi anal built-upon area or developed for any use other than a golf course. If Troon St.James, LLC does not agree to this,then any of the permits held by the corporate entities above for St.James that depend on those fairway areas to maintain density,cannot be considered for transfer as currently permitted. If the project(s) covered by an existing permit can demonstrate and sustain low density without including the fairway areas,then modified permits can be issued, consolidated and transferred to the HOA,following the process described below: 1. No more than 5 active permits can be proposed for transfer and consolidation at any one time.The permittee or consultant should pick one of the 5 permit numbers as the "surviving"permit number going forward. 2. The permittee's consultant should schedule a file review appointment to familiarize himself or herself with the approved plans and details. 3. The consultant should conduct their own inspection of the 5 sites and address any obvious compliance issues based on how the as-built project may vary from the permitted/recorded condition. 4. If there are major differences that only a permit modification will resolve,then the permittee shall either restore the project to compliance with the approved plans or submit an application to modify the individual permit. 5. Upon the issuance of any required permit modifications,and the consultant's satisfactory inspection,an application to consolidate the 5 selected permits can be submitted.The Division will not conduct a compliance inspection prior to consolidation. 6. Upon issuance of the consolidated permit,the permittee shall submit an application to transfer the consolidated permit to the HOA. The application must be accompanied by all the required supporting documentation such as certifications,recorded deed restrictions and plats for all projects covered by the consolidated permit. 7. The projects covered by the consolidated permit will be inspected by the Division for compliance.If the inspection indicates that the project is in compliance,the Division will approve the transfer and issue the permit to the HOA. 8. If the project is not in compliance,then an inspection report will be sent to the permittee and to the HOA,listing all the items to be addressed.When the necessary actions to restore compliance have been completed and/or when the requested information is received and reviewed and found to be complete,the permit will be transferred. 9. If a follow-up inspection is required,it can be completed either by the permittee providing dated pictures of the finished product(minor issues),or another inspection can be scheduled (major issues).This is where the process can bog down. It is imperative that the permittee complete any necessary actions to restore compliance in a timely manner and it is imperative that the Division reinspect in a timely manner to keep things moving forward. Please contact the Division by August 17,2019.to discuss this process and to designate a point person within each respective organization through which all correspondence,pictures,questions, scheduling of inspections and follow-up inspections,modifications,consolidations and transfers will go through. The permit application form (to modify or consolidate) and the permit transfer application form are available on our web site at: hUps:/.Ideg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-ruies/stormwater-program/post-construction. Please note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Failure to follow the process described above,or to deal with the impact to a low density project due to the sale of the fairway area,may initiate enforcement action including the assessment of civil penalties. St.James Plantation Page 3 of 3 If you have any questions,please contact me in the Wilmington Regional Office, at telephone number(910) 796-7215 or via email at linda lewisOncdenr.gov. Sincerely',,f c4 's ' zz�("ta Linda Lewis, E.I. Environmental Engineer III �GDS/arl: G:\\\Stormwater\Linda Lewis\St James Plantation\2019 07 CEI_deficient St James Attachment-Project Owner List cc: St James Plantation Property Owners Association Inc. Jay M.McGrath,President Troon St James,LLC (15044 N Scottsdale Rd.Ste.300 Scottsdale,AZ 85254)