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Home My WebLink AboutSW8900230_HISTORICAL FILE_19900316 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 ADO Zia DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 0 03 I YYYYMMDD e'.SWL State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT March 16, 1990 Mr. Milford Quinn Post Office ,Box 1570 Jacksonville, North Carolina 28541 Subject: Certification of Compliance with Stormwater Regulations Project No. 900230 Sandy Ridge Subdivision Pender County Dear Mr. Quinn: The Wilmington Regional Office received the Stormwater submittal for Sandy Ridge Subdivision on February 21, 1990 and final information on March 16, 1990. Based on our review of the project plans and specifications, we have determined that the project complies with the Stormwater Regulations set forth in Title 15 NCAC 2H. 1003 (a) (2) . This certification shall be effective from the date of issuance until rescinded and the project shall be constructed in accordance with the plans and specifications as submitted to the Wilmington Regional Office. If you have any questions concerning this matter, please call Paul Rawls or me at (919) 256-4161. Sincerely, A. Preston Howard, Jr. , P.E. Regional Supervisor PER: 900230.MAR Attachment cc: Charles Riggs Bill Mills WiR �a F 7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 •Idephonc 919256-4161 • fax 91925&8572 An Equal Opportunity Affirmative Action Employer MAR 1 6 1990 rRoj SUBMITTAL FORM FOR PROJECTS USING DENSITY LIMITS FOR STORMWATER CONTROL PROJECT DATA NAME OF PROJECT:__SANDY_RIDGE__ ------------------------------- LOCATION (COUNTY, TOWNSHIP/MUNICIPALITY,ADDRESS) :-------------- PENDER_COUNTY,_TOPSAIL_TOWNSHIPL_SURF_CITY1_NORTH_CAROLINA___-_ APPLICANT NAME:_QUINN_BROTHERS--------------------------------- MAILING ADDRESS:__CLO_CHARLES_F__RIGGS_& ASSOCIATESi_INC____-__ _P_O__BOX_1570i_JACKSONVILLEi_N_C_...28541 -1570---------------- PHONE NO. : ( 919 ) 455=0877--------------------------------- SUBMITTAL DATE:- ------------------------------- BRIEF DESCRIPTION ( INCLUDE MAP AND APPROPRIATE DRAWINGS) : ___-- __19_0_ACRES_OFF_N_C___HWY_50i_SURF_CITY,_PENDER_COUNTYi_______ NORTH CAROLINA_ ------------------ ---------------- ---------------------------- WATER BODY RECEIVING STORMWATER RUNOFF: NAME OF WATER BODY:_INTRACOASTAL_WATERWAY---------------------__ CLASSIFICATION OF WATER BODY:-----SA_-------------------------- TOTAL AREA OF PROPOSED PROJECT (ACRES) : __-19_0_ACRES __ STATE/FEDERAL PERMITS AND APPROVALS REQUIRED: (CHECK APPROPRIATE BLANKS) CAMA MAJOR _N/A__ SEDIMENTATION AND EROSION CONTROL _PENDING_- 404 PERMIT VERIFIED DEM/DHS SEWAGE DISPOSAL COMMUNITY_SYSTEM____ iSURF_CITY1____-_--- OTHER (SPECIFY) AS_SHOWN_ON_PLAT-------------------------------- CALCULATION OF BUILT-UPON AREA (BUILT-UPON AREA MEANS THAT PORTION OF AN INDIVIDUAL DEVELOPMENT THAT IS COVERED BY IMPERVIOUS OR PARTIALLY PERVIOUS COVER INCLUDING BUILDINGS, PAVEMENT, RECREATION FACILITIES, ETC. , BUT NOT INCLUDING DECKING. ) A) BUILT-UPON AREA:_206 , 910___ B) TOTAL PROJECT AREA:_827�640___ $ BUILT-UPON = (BUILT-UPON / TOTAL PROJECT AREA) * 100 $ BUILT-UPON AREA = _25_$ IF THE WATER BODY RECEIVING STORMWATER RUNOFF IS CLASSIFIED AS SA, IS THE $ BUILT-UPON AREA < 25$? YES _ No N/A IF THE WATER BODY RECEIVING STORMWATER RUNOFF IS CLASSIFIED OTHER THAN SA, IS THE & BUILT-UPON- AREA < 30k? YES____NO___N/A_XXX STORMWATER COLLECTION SYSTEM IS THE ONLY KIND OF STORMWATER COLLECTION SYSTEM GRASS SWALES? YES XXXX NO (GRASSED-LINE SWALES SHOULD HAVE A SIDE SLOPE OF 3 : 1 (H:V) OR LESS. ) IF NO, PLEASE PROVIDE A DETAILED DESCRIPTION. ROADSIDE DITCHES & SIDESLOPES ARE 3 : 1 ----------------------------------------------------- BUFFER AREA IS THE BUILT-UPON AREA AT LEAST 30 FEET FROM MEAN HIGH WATER OF ALL SURFACE WATERS? YES_X_X_X__ NO_____ IF NO, PLEASE PROVIDE A DETAILED DESCRIPTION. --------------------------------------------------------------- -------------------------------------------------------------- (NOTE: ONLY BOAT RAMPS, PUBLIC ROADS, PUBLIC BRIDGES AND WALKWAYS TO WATER RELATED FACILITIES ARE ALLOWED WITHIN 30 FEET OF MEAN HIGH WATER IF THE PROJECT IS INTENDED TO MEET STORMWATER CONTROL REQUIREMENTS THROUGH DENSITY LIMITS. ) DEED RESTRICTIONS AND PROTECTIVE COVENANTS DO THE DEED RESTRICTIONS AND PROTECTIVE COVENANTS ENSURE THAT SUBDIVISIONS MAINTAIN THE DEVELOPMENT CONSISTENT WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DIVISION AND INCLUDE THE STATE AS A BENEFICIARY OF THE RESTRICTIONS? YES XXX NO ( INCLUDE A COPY OF THE RESTRICTIONS AND COVENANTS WITH THIS FORM) . CERTIFICATION I , _MILFORD_QUINN_—______, CERTIFY THAT THE INFORMATION INCLUDED ON THIS SUBMITTAL FORM IS CORRECT, THAT THE PROJECT WILL BE CONSTRUCTED IN CONFORMANCE WITH THIS INFORMATION, AND THAT TO THE BEST OF MY KNOWLEDGE, THE PROPOSED PROJECT COMPLIES WITH THE REQUIREMENT OF 15 NZJ2 . 10/3 (b) . 1150. fo SIGNATURE-OWNER OR . Y D_— T_- P_O__BOX 1570._1 ONVIL--- N_ _ C_ 28541_1570 ADDRESS IF AGENT, PLEASE LIST OWNER 'S NAME AND ADDRESS BELOW: OWNER:__MILFORD_QUINN________________________________ P.O. BOX_ 565 --WARSAW.a_N_C___28398------------------------- ----------------------------------------------- DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN-OFF Regional Office , D to Individual Evaluating Fors/Plat Date Regional Water Quality Supervisor DW ED STATE OF NORTH CAROLINA MAR.. 1990 . ERA . COUNTY. OF_ PENDER PR.OJ W • DECLARATION. OF RESTRICTIVE COVENANTS . OF SANDY RIDGE SUBDIVISION THIS DECLARATION, made this .the 27th day of February, ' 1990 , by GERALD H. QUINN, I .J.. QUINN and .MILFORD R. QUINN, the owners. of all .of the lots in SANDY RIDGE SUBDIVISION, hereinafter .called the "Declarants" . WITNESSETH 0 THAT WHEREAS, the Declarants are the owners of , the real property described in Article I. of, this . Declaration and . are desirous of subjecting ' saidreal ,*property .to the protective covenants and restrictions hereby declared. each and all of : which is and are for the benefit of such }property and for each owner thereof , and shall inure to the benefit of, and pass and run with the said property, and each and every ,lo,t :or. parcel thereof , and shall apply to and bind. the successorsiin,.;:interest and any owner thereof. ARTICLE I The real property which is, and shall be held, 'pledged, transferred, . sold and conveyed subject to the - protective covenants set, forth in the Articles of this . Declaration is located in the City of Surf City, ' Pender county,. State , of North Carolina, and • is more. particular.ly' .described as follows: ' That certain tract containing acres, more or less, as shown on a map prepared for Gerald H. Quinn, I .J. Quinn and Milford R. Quinn, said map being prepared by Charles F. Riggs and Associates, Inc. , and dated the day of 1989 , said map being recorded in .the Office of the Register of Deeds of 1 . r �� .. � .. �,! Pender County, North- Carolina, "in Map-Book ; -Page ARTICLE I,I',; The real property in Article j ' hereof is . subject to the protective covenants and restrictions hereby declared to insure the best use and the most appropr ,a.te development and improvement of each lot thereof; to protect th'e owners of lots against . such improper use of surrounding lots as would depreciate the value of their property; to preserve, as far as practical, the natural beauty of said. property; to guard against the erection thereon of poorly designed or proportioned structures , and structures built of improper or unsuitable materials; to obtain harmonious color schemes between homes; to insure, the. highest and best development . of said property; _to encourage . 'and ;secure the erection of, attractive homes thereon, with appropriate locations thereof upon lots; to prevent. haphazard and inharmonious improvements. of lots; to secure and maintain proper setbacks from streets and adequate free spaces . between structures and, in general , to .provide adequately for a high type and quality of improvement 1 . in said' property, and thereby to enhance the' value of investments 'made by .. purchasers of lots therein. ARTICLE ,.III All lots shall be used for residential purposes only and no building shall be erected, placed, ;or permitted to remain on any lot other than one detached single family dwelling not to exceed . three stories in height above ground level and a private garage for not more than 'two cars . ARTICLE IV a 2 I - �r � ♦ � l Y ? � ' � � � V A single story dwelling shall not be less than 1200 square' . feet of ground floor space and the ,ground floor area of a two or. ` more story dwelling shall not be less than , 800 square feet. That a 10% variance. from the above statedcareas" shall be allowed. ARTICLE V: No building shall be erected, ' placed; or altered on any . premises in said , subdivision' ' ' until ' ,the building plans , specifications, and plots showing the• location of such' building have been' approved in writing as to ;conformity' and harmony of . external, design with existing structures in .the development, and as to the, location of the buiading 'wrth• respect to topography and, finished ground elevation. by an ;architectural committee , composed of three persons designated' and 'appointed by' Declarants or' their : ' assigns . In the ; event 'said committee '�tfails to approve, or disapprove such design or location within thirty. ( 30 ) days after said plans and 'specificationshave been submitted to it or, in any event, if no suit to enjoin the erection of such building or the making of , such alterations 'ha ' been commenced prior to the 'completion thereof , such approval shal'1 be• deemed given and this ,r covenant will be deemed, to have been; compl-ied .with . Members of such committee shall . not be entitled ' to ' any compensation for -- , services performed pursuant to this._ covenant. Any ` modifications or additions to any structure, on the lot herein conveyed, including mail boxes , garages, fences ,' decks , patio's; screened areas or other. structures shall conform ' to the general architectural - character, material' .; and :?color of the main residence . It is the intention o£ ' the Declarants . that 'the. �. 1 �� .. 1 � � i ,. � . - .'' i , . subdivision shall be developed with. the .construction . of homes suitable to and in conformity with the, environment and that ' most of each lot shall .be left in,.a natural ;state.;; further, , that each home shall be constructed of. .cedar,+ or;'c'ypress''. .lap siding, that all bright and mixed pastels of paintsi ' and finishes on the exterior will be prohibited'. and 'theAu'se of subdued• colors shall be encouraged .. Further, that each 'Grantee of a lot shall , within six months from completion of his' house, landscape his lot by planting appropriate shrubs and/or trees in order for each lot to conform to the quality standards imposed .upon this• subdivision by this Declaration. The committee. shall have responsibility and authority to approve or to require':further landscaping. It .is ; the hope of the Declarants that. this . subdivision will be a relaxing and retiring environment with each homeowner having much privacy and able to enjoy the sound ,of."the pounding,'surf. and the . summer breezes, the rustle of the trees , the song of many . birds and the relaxing view and access to Topsail Sound and . access to the white sands of Topsail Island. Beach and the Atlantic ocean. ARTICLE VI No lot shall be 'subdivided by sale or otherwise except to increase the size, of an adjacent lot in' which: even the remainder shall be sold or otherwise utilized as a part of' the lot adjacent to' it . The lots herein conveyed . shall, not be subdivided or their boundary lines changed except with '`the • joinder. -therein.' - by • the , ' Declarants or the homeowner' s ' ,association; however; the 1i '.Declarants expressly reserve unto themselves .and their ' successors or assigns the right' to replat any lots as shown on the plat of ' 4 ' ; . �_ i' Sandy Ridge in order to create a. modified •'building lot or lots if desirable. to make for a• more suitable building site and to that . end, Declarants .may relocate easements', walkways ; common areas and rights of way to conform to the new boundary. ARTICLE.,VI•I No building erected' on any lot 'other than a corner lot shall face other than, the street upon which the said lot faces. No building shall- be located near the",ifrcnt, -rear; side yard..or, side street lot lines than the minimum ,set back lines set out in the ordinances of the. Town. of Surf City, N.C. For . the purpose of this covenant'; eaves ,� _ steps� and. '• open porches shall not be construed to permit any, portion ,of a building, -on a lot to encroach upon another. lbt or viola�teithe? ordinances 'of the Town of Surf City, N.C. ARTICLE VIII . No 'fence or wall . may be erected, placed or altered upon . any lot nearer to the street line than the minimum set back line. No fence shall be erected,. placed •or ,a,ltered 'on any premises in any subdivision until the. building plans, specifications and plots showing the location ,of such fence have been approved in writing' by the Architectural. Committee as to' the conformity . and.-harmony of design with existing structures in the 'development and' as , to ' the location of the fence with respect topography. "However, ' the Ar_chitectural. Committee has the , right. to refuse to allow any Grantee to build or place any fence, on the Grantee ' s• property if '. the Committee, in its' discretion,',b'elieves• that , the fence will not improve the looks of the lot in conformity with . this 5 , Declaration. .' Fences to be constructed of any wire material , including chain link fencing, shall be permitted in the rear yard only of each lot. No fence shall exceed six ( 6 ) feet in height . . ARTICLE IX Off street parking shall be' provided .by the owner .of ' each lot for the parking of automobiles owned by such. owner. Any dwelling constructed on any . lot shall provide at . feast one vehicle storage space in the form of'. a :garage or carport and if said vehicle storage space is not 'enclosed then it. shall be surrounded by lattice work: ARTICLE X, No residence of a temporary . nature shall be erected or allowed' to remain on any lot and no, trailer, tent; garagei barn, or other building of a similar inatured shall . be used as a residence or any lot, either temporarily or. permanently. No construction, storage building or shed and no. trailer, truck or other. vehicle used for the storage •,of materials. or 'equipment for ' construction of improvements on any lot shall be kept on any lot overnight at any time, including during construction of said improvements unless located in the" rear of the residence located on said .lot. ARTICLE. XI , No lot shall be used as a dumping ground, for any ' kind of refuse. Trash, garbage and other wastes shall not be kept in other than sanitary containers and shall be stored in , enclosed '. areas in the rear of the house' except for the purpose of 6 ar z.. collection. in accordance with pertinent' regulations of , the city s of Surf City, North Carolina . . ARTICLE XII , No tree, measuring more than 'six. ( 6 ) inches in diameter at a point five ( 5 ) feet above ground level: shall be cut, trimmed, destroyed, or remoded. from any lot,',unless dead or diseased or., unless it impedes the. construction• of the dwelling, driveways ,. utilities or impedes the drainage within drainage easements . Trees may be cut , trimmed, destroyed and removed from any lot on approval in. writing• from the Debha'rants or their assigns or the Architectural Committee. Violation of this restrictive covenant will automatically result in the•{,liabili,ty, on, the part, of ; those' u s ..l persons responsible ,for the said cutting„ ,trimming, destroying or removing of trees of liquidated damages to the said. Declarants •in . the amount of One Thousand Dollars ($1 , 000 . 00 ) 'in the case• of an ., Oak, Pine or Cedar Tree larger than,six. ( 6 )' inches • in diameter at a point five ( 5 ) feet above ground level . However, , from and after the time of establishment 6£•,a 'h6meowner ' s' association -fora . this. subdivision, then any damages shall be paid to the said homeowner' s association. ARTICLE XIII Fifty percent ( 50% ) of .eacli lot shall be maintained in .its natural condition except as abs6lutely. 'essential, for the construction and' maintenance of necessary , appurtenant` buildings to the dwelling' home. ARTICLE XIV ' Installation and maintenanc'e: . of utilities and drainage 7 . _ y. . . i1 . l f facilities are reserved 'as shown on• the recorded . plat' and over the rear 10 feet of each lot or as required by the town. of Surf City. Within these easements , no structure; "planting or other materials shall be placed or permitted to'•remain which may damage or interfere with the insta'llation,� and maintenance" of utilities, or which may obstruct or retard ;. th6 flow ` of water, : through a drainage channel in the easements., The easement area of each lot and all improvements in it shall' be maintained continuously by the owner of the''lot`, exceptfor "those improvements .for which a r . public authority or utility Fcompany ' is' ;- respons"ible. The Declarants reserve the right .unt'o `themselves, theik' ' successors and" assigns , a perpetual , alienable and releaseable easement ,with the right on, over, and under the 'ground with men and equipment to "erect, maintain, inspect, repair , and use electric and telephone -poles ,> wires", cables, ,coriduits , sewer and. water pipes and mains .and suitabl& equipment,T or the conveyance , and use of' ' electricity, telephone equipment, ,-,gas, " sewer, . water, or, other public conveniences or utilities; on, in or over the 'rear 10 feet " -of each lot and 7-1/2 feet along each, side of each -lot and ' 10 feet along the. front. .of -each lot and anywhere within the common areas and private streets, as well .as the. utility easement _ shown on the recorded plat of' Sandy "Ridge;_:provided', however that, ' the Dec larants 'may cut 'drainways for surface water runoff. - whenever such action may appear to the Declarants . to be ' necessary • to . maintain reasonable standards of health, safety and . appearance. These easements and rights expressly include the right to cut any trees', bushes..or shrubbery, make any. grading. of the soil or to 8 : �� .. . .. y�. �. 2. i • 1 r. 1. .. r r take any other similir 'action reasonably necessary to provide economical and safe "utility installations and to maintain reasonable standards of health, safety and appearances. Such ' rights may be exercised -by any licensee of the , Declarants', but this reservation shall- not -be considered .an obligation of . the Declarants to provide or maintain-any such utility or service. ARTICLE'XV That until such time as a public sanitary ' system or community sanitary •sewer system operated under '• legally constituted authority is available,' sewage disposal shall be by septic tank which meets ,the North Carolina State' Board of Health approval , and as soon as such public or community sanitary sewer system is available, no more septic, tankss shall be installed on any lots . No septic . tanks , t'he.' . condition of which becomes unsanitary or detrimental to the health of any resident within - x the, subdivision; after a public. orrcommunity or, sanitary sewer. system becomes 'available, shall be repaired for the purpose of continued use thereof , , but ., saiid',, unsanitary and ' unhealthful n ' conditions 'shall be abated 'and alleviated by immediate connection with said public or community sewer system. ARTICLE, XV.I All roofing shall be of asphalt or fiberglass type and shall be of the 300 pound or more "architectural line" shingles . All, roofs shall have a 5/12 pitch or 'greater. Any other type of shingles and/or roof ' pitch must ' be approved, in writing,, in advance of the construction by the: Architectural Committee. ARTICLE XVII 9 . Grantee may identify his residence with: 'street ' number and name. or a cottage name or, a combination of thereof ," but no, other signs shall be displayed or exhibited. on any lot except temporary "For Rent'! ' or "For Sale" signs- 'not4e,xceeding 10 ;ysquare feet in , area. ARTICLE XVIII+ No noxious , offensive or illegal activity" shall be carried upon any lot, nor shall anything be done. thereon which may be. or become an annoyance or a nuisance to the neighborhood. 'ARTICLE XIX No horses , ponies,, animals or livestock -of any kind shall be . raised, bred. or kept on any lot or• common area except that dogs, cats or household. pets may be kept.,, provided- that 'they are not kept, bred or maintained for any commercial purpose;' and provided such household aniimals' .do not become' an annoyance or nuisance to the neighborhood. • ARTICLE XX Declarants , their successors_ and. assigns; reserve . the right S ' to enter upon and cut grass, weed's',, or undergrowth on any lot or easement, but shall be under no obligation to do so. , Costs to Declarants, their- successors . and '^.assigns , . for cutting :grass, weeds or undergrowth of any lot shall be a charge to the owner of , said lot, and shall become a lien aga'inst. said. lot when said work jj , is performed by Declarants , their successors and assigns . ARTICLE XXI The Grantee of each lot, agrees that ., for each lot he purchases , he shall be obligated ,to *pay his pro,, .rata share 10 . ,° .t '. �., .. . . (determined by the number of. lots in the . subdivision) of any easements or charges necessary for .the maintenance of the private streets and common areas , including- any costs of improvements and repairs thereto and agrees that such assessments or charge or installment thereof shall , when 'due, become a lien against a lot against which such .assessment or.,charge is made. It is ,agreed that assessments or charges may " be incurred only after the affirmative agreement by the owners of 2/3 .of the lots of Sandy Ridge Subdivision. It. is furtheragreed ' that assessments or charges may be only ' for the purposes ' of :, maintenance,, ' repairs, operations and improvements to ands,•protection of the common areas and private streets . ARTICLE.'XXI I. It is further agreed that if the -owners of 2/3 of all of the lots in Sandy Ridge Subdivision so,, elect and sign instruments forming a homeowner' s association, that from and after the recording of such instruments , dul'y,.. signed by the owners of 2/3 of the lot owners, the said homeowner' s association shall have an exclusive jurisdiction of the common areas .and private streets of Sandy Ridge Subdivision. i ARTICLE XXIII The Grantee agrees ,to, maintain.the improvements in keeping with the manner and style at the time of original acquisition and agrees that the natural foliage, trees; shrubbery and bushes and dunes will be maintained and preserved in so far as possible in keeping with the setting within Sandy Ridge Subdivision. ' , ARTICLE, XXIV � � . . � �•. ,. -. . ' i �. 7 � � .. 1'�. The Declarants specifically reserve• the 'right to , amend or change any part or 'all of the " re'strictions , ' covenants and conditions herein set out at the time of filing, in the _Office of the .Register of Deeds of Pender County, a \deed to other'. lots in Sandy Ridge Subdivision„ which changed restriction shall apply to the conveyance of the lot or lots .at that time. ARTICLE• XXV ' No, dock or boathouse or walkway or pier shall be constructed extending .onto or over-the water's,_ of the 'canal adjoining the said property, boats shall be anchored offshore in the canal and when not in use, shall be moored as closely adjacent to. the bank 'as safety allows, in order that. navigation of the waterway will not be impeded. Those using the cana'leshall not cause a wake . ARTICLE XXVI The property conveyed to each .Grantee shall , be subject to a monthly charge in an amount as wi31 be fixed by Declarants , their . successors and assigns, not exceeding in any month the sum of Twenty Five Dollars ( $25 . 00 ) per 'lot . Declarants ' assigns may include' a property owners association, which may hereafter be organized, the sums, .provided for , in this paragraph shall be a; payable to such association': Such t charge shall be payable to beclarants or .their.,successors orga'ssigns on th'e first day. of each month in each and every year, and shall be devoted to , the ' maintenance of the paths ; parks , beaches, sewers ,, ramp and common area and such other purposes as ` shall from time .to' time be . determined •by Declarantsy .their. successors; or assigns . However, this charge may be increased if the roads and , streets' are not 12. dedicated to the public use and maintained by the Town of Surf City: Grantee, by the acceptance .of this deed, hereby expressly vests Declarants, their successors and assigns , the right and power to bring all actions against the owner of the premises hereby conveyed,, or any part thereof for the collection of such charge and to enforce the aforesaid ,lien therefore. ARTICLE .XXVII Each residence must be entirely completed w'ithin. twelve ( 12 ) months from the date„ on which constr,uction. thereof is, begun. ARTICLE' XXVIII Neither Grantee nor,.any person ,or .persons- claiming under him shall or 'wil'l at any time 'raise the grade , of any . lot or lots hereby conveyed above the grade• e's.tabl-ished'or to be established ' by 'Declarants as that_.existing.,at;the 't,ime.;of the° sale .of , the lot. ARTICLE XXIX . The Declarants hereby give,, grant,.,sell and convey unto the Grantee of each. lot, an undivided interest; proportionate to , the number of lots owned by. each Grantee', in common, in ' fee simple forever in all areas shown on the plat of..Sandy .Ridge Subdivision hereinabove referred. to and designated .-as "common area" and "private street" , and the Grantee of each lot does 'hereby . grant to the Declarants or subsequent owners .if ,' other lots in Sandy Ridge Subdivision a perpetual non exclusive easement to pass over, use and enjoy such common areas and private streets ,and agrees that such areas .and streets are not divisible by any proceeding at law or equity or by agreement. 13 . ' ,. r - ,. �. r ARTICLE AXXX+•, ' These covenants shall run with the land and be binding on all parties and persons claiming ' under them for a period, of twenty-five ( 25 ) years from the date that these covenants are recorded, and after that time, these covenants shall be extended automatically for successive periods of ' ten ,(.10 ) years each, unless an instrument .signed by a majority by then owners of the lots has been recorded, agreeing . to. change - said ,covenants , in whole or in part: ARTICLE ,XXXI In the event of a 'violation '.'ror breach -of , any of these restrictions by the Grantee, or agent or successor such Grantee, the Declarants or, their . successors or assigns, or owner of another lot in. Sandy Ridge Subdivision or the .homeowner 's association shall have the right to proceed at law or in equity . , to compel the compliance with the,:_terms 'hereof or to prevent their violation or breach or to recover damages . The failure to enforce any right , reservation, '. or _ condition in these restrictions however long continued, shall -Pot be deemed a waiver of the right to do so hereafter as ,to the same breach, or as .to a breach occurring prior or subsequent thereto and shall not bar or effect its enforcement. ARTICLE XXXII Invalidation of any one or more' of these. covenants or , any part thereof by judgment or court-order shall in no - way effect any of the other provisions which shall remain in full force and , effect and the failure of any person or persons to take action to 14: Y i. : � i. '• U MAR .1 6 1990 - DIE M PROI enforce the violation of any of the , covenants and restrictions shall not ' be construed as a waiver 'of any enforcement rights . and shall not prevent the enforcement 'of such covenant , or covenants in the future. ARTICLE XXXIII No lot shall be covered by structures and/or paved surfaces, including walkways orapatios of bri'ck, ,stone, slate. or similar, materials in excess of the total- square. footage; designated as Maximum Built-Upon Area , set forth , in.. Attachment. A attached hereto and incorporated herein by reference. This covenant is intended to insure continued compliance with storm water runoff rules adopted by the. Division of Environmental . Management, ' the Department of Natural. Resources and Community Development .of the State of North Carolina and the benefits afforded hereunder may be enforced by :the State of• North Carolina' or. any appropriate department or agency thereof . IN WITNESS WHEREOF ; the said parties have hereunto set their hands and seals, - the day and year 'first above written. ECLARANTS ( SEAL) G ral,d H. Quin . . ( SEAL) I. J. Qhinn. C-1-A/ Milfo/r� R. Quinn, 15. . t . � .. : . NORTH CAROLINA DUPLIN (CO[1N�TY / Q a Notary Public of Duplin Coif��nty, North Carolina, do hereby certify that Gerald H. Quinn, I. J. Quinn and Milford ., R.. ' Quinn, personally appeared before me this day and .acknowledged the -due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal , this day of. , February, 1990 . My Commission Expires : )t,ary. Public i 16. r : DEM ATTACHMENT' 'A PROD # MAXIMUM BUILT UPON AREA. LOT AREA LOT AREA 1 1900 36' . 2240 . 2 . 1900 37. 2240 3 . 1900 38 1900 4 1900 - ' 39' 1900 5 1900 40 1900 6 1900 41 1900 7 '1900 42. 1900 8 1900 . 43,; 1900 9 2240 44 . 2240 ' 10 2240 45 . 2240 11 2240 46 2240 12 2240 47 ' 2240 13 2240 4$ 224-0.. . 14 2240 49 2240 15 2240 ;;50 2240 16 • '2240 51. 2240 17 2240 52 2240. 18 2240 53 ' ' 2240 19 1900 54 1900 20 1900 55`. .1900 21 1900 .56 2240 'j 22 . . 2240 57. t 1900 23 2240 58 •1900 24 2240 59 1900 , 25 2240 60 1900' 26 2240 6r1 1900 2'7 2240 62 1900 28 2240 6`3 1900. 29 2.240 64 ' 1900 30 2240 ' .65 . ' 1900 31 2240 1.66 1900 32 2240 67' 1900 ' 33 2240 68 • 1900 . 34 2240 69. 1.900 .35 2240 . •.•70 _ 19.00 71 ' 1900 • FYI 1. , _ n, tip. .. •. S 17 . iL. .. - .. - - - - - - - - - --------------- 60 (F A C 0--e-S—) 5- s (040— _ 2S� r 2c ,�t.o }z llti+�—fie SOL Ia_?_, �t� Z 2_t -tt�ltt�1�,_ oR _1 ors 147�480 A I)A_ L . LDS �. - ----- ---------- -------- i i III �ii ,f IMPERVIOUS SURFACE CALCULATIONS 19 . 0 ACRES — TOTAL TRACT 827 , 640 SQ. FT. — TOTAL TRACT 827 , 640 X0 . 25 206 , 910 ALLOWABLE BUILDABLE AREA 206 , 910 —59 ,300 PAVEMENT AREA 147 , 610 ALLOWABLE REMAINING BUILDABLE AREA ddd S% as pm1sC°^'' /9YGPB11\\\\! IMPERVIOUS_SURFACE_AREA LOT AREA LOT AREA 1 1900 36 2240 LJ 2 1900 37 2240 3 1900 38 1900 4 1900 39 1900 5 1900 40 1900 (p 6 1900 41 1900 7 1900 42 1900 8� 190Q 43 1900 9 2240 44 -22-4`0- 10 2240 45 2240 11 2240 46 2240 12 2240 47 2240 13 2240, ,0 48 2240 14 2240 49 2240 �0 15 2240 50 2240 16 2240 51 2240 17 2240 52 2240 18 2240 53 2240 19 1900 54 1900 2 � 20 1900 55 190 21 _1-10-0- 56 2 24 0 22 2240 57 1990 23 2240 58 1960 24 2240 59 1900 25 2240 60 1900 26 22403 61 1900 27 2240 � 62 1900 28 2240 63 1900 1� 29 2240 64 1900 30 2240 65 1900 31 2240 66 1900 32 2240 67 1900 33 2240 68 1900 34 2240 69 1900 35 2240 70 1900 71 1900 -1 l IL Q,k . C¢. AI l