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HomeMy WebLinkAboutSW8900230_HISTORICAL FILE_20231010 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 qbo 23b DOG TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE OLI YYYYMMDD Hall, Christine From: Snider, Holley Sent: Wednesday, September 9, 2020 1:02 PM To: leg121684@hotmail.com Cc: Greer, Emily C CIV USARMY CESAW (USA); akimes@surfcitync.gov, Hall, Christine; King, Morella s Subject: Sandy Ridge subdivision SW8900230 Attachments: FAQ-Private Property Flood ing_2019072S.pdf Good afternoon John, Per our discussion,the wetlands present on your property fall within the jurisdiction of the USAGE and the DWR. Any request to construct within the wetlands,will trigger the need for authorization by these two agencies. Construction notification to the USACE and the DWR do not alleviate the need to obtain any other required local, state or federal regulations. If it is your desire to construct a retaining wall along the wetlands boundary on your property,the wetland boundary will need to be identified by a qualified individual and verified by the appropriate agency prior to initiating construction. It is recommended that you discuss your plans with the Town of Surf City Floodplain Administrator to ensure the retaining wall can be authorized within the flood zone. The approved low-density stormwater management plan (SW8 900203 Sandy Ridge Subdivision) controls stormwater within the subdivision by limiting built upon area (impervious surfaces such as roofs, driveways, sidewalks, sheds, etc.) for the individual lots and thru vegetative conveyances, such as swales. The swales are designed to allow stormwater to infiltrate prior to entering the wetlands. Variations in the seasonal high water table and rain events that exceed the design for the system will naturally take longer to infiltrate which may help to explain the standing water you described. The stormwater management plan required that deed restrictions and restrictive covenants be recorded for the subdivision. Although you stated that the HOA was not active and not enforcing the covenants, it may be wise to review those documents for specific rights and responsibilities and regarding any restrictions, easements or setbacks prior to construction. I have attached some information regarding stormwater and flooding for your review. Please feel free to call or email me if you have any questions or I may be of assistance to you in any way. Sincerely, Holley Snider . " ><((((°>..........><((((o> Environmental Specialist 11 Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 M �.�,..- 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties 1 From: Greer, Emily C CIV USARMY CESAW (USA) [mailto:Emily.C.Greer@usace.army.mil] Sent:Tuesday, September 8, 2020 2:32 PM To: Snider, Holley<holley.snider@ncdenr.gov> Subject: [External] FW: From John Moore Hey-you think you can take this one? I told him last week I would find someone to go out. From:John Moore<1ee121684@hotmail.com> Sent: Tuesday,August 18, 2020 10:33 AM To: Greer, Emily C CIV USARMY CESAW (USA)<Emily.C.Greer(@usace.armv.mil> Subject: [Non-DoD Source] From John Moore Emily, I hope you are doing well and staying healthy. We spoke a while back on the phone at about having someone come out and look at the drainage issue at my property located at 54 North Ridge in Surf City, NC. You said that you would put me on the schedule but I have not heard anything back. Can you let me know when I can expect to have someone out to take a look at it?Thanks, John Moore 919-753-3244 2 CHARLES F. RICCS & ASSOCIATES, INC. 202 WARLICK STREET P.O. BOX 1570 JACKSONVILLE, NORTH CAROLINA 28,151 TELEPHONE : (910) 455-0877 FACSIMILE : (910) 455-9033 E-mail riggsland@bizec.rr.com RECEIVED Dale: OVi-7103 SEP 17 2003 To: /YS. 11WPA LEM/S BY' From: Charles F. Riggs, P.L.S. ✓ Marie M. Riggs O James L. Riggs Edward J. Riegel Jackson Helms f l)�2k vOVC fh For Your Review: For Your Continents: For Your Use: ✓ Submitted for Approval: Number of Pages Including Cover Sheet NOTES: SA,re,� .2 o4e 4�j. Co i As Akip largo S1f ,olE XXX111 ,Q Gs T S/ 04"►+/4Jgc,. 09/17/2003 10: 38 9102591299 PENDER CTY RODOF DEE PAGE 01 , r.;e,7:,'• STATE OF NORTH CARDLINA TILED . . „ COUNTY OF FENDER '92 flnFpcR��10 PIS 3 03 DECLARATION OF RESTRICTIVE cOVIiNAriT'SfII CECOOD n�7y-lktt'O t: DEEDS OF SANDY RIbCE SLBDIV] 71mfp ocula Y, THIS DECLARATION, made this the Vtxday of. April, 1992, 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 "Declnrants". WITNESSETH THAT WHEREAS, the DTclaranta are the nwnnrg OF the real property described Vn. Article I OF this Declaration and are 7 desirous of subjecting said real property to the protective # k � a covenants and raatrictione hereby declared each and all of which g• g is and are for the benefit of such property and for each owner g 4 9 thereof, and shall inure to the benefit of and paea.and run with � the said property, and each and every lot or parcel thereof, and shall apply to and bind the succesacra in interegt 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 Articleg of t),io Declaration is located in the City of. Surf City, Fender county, State of. North Carolina, and is more particularly described as follows: loping all that tract of lRhd known an sandy Ridge Subdivision, as shown on that certain map entitled "Sandy Ridge", as prepared by Charles F_ Rigga and Associates, Inc„ end recorded in Hap Hook Z"7 , page lov of the Fender County Registry on April 10 lg '; ARTICL8, 11 � Rnaard°e and V°rfrl°d 7°7°e 11. g•laeaeed RrgA°Ser °t Deeds _......._._�� Feeder covey.Nc ® CEIUED 8 SEP 1 y ?003 Y\ 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 02 nox 8 27 PAoc 0 J . . The real property in Article Thereof is subject to the protective covenants and restrictions hereby declared to insure the best use and the most appropriate development and improvement . of each lot thereof; to protect the owners of lots against such improper use of surrounding iota 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 i 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; a to Secure and maintain proper setbacks from streets and adequate free Spaces between structures and, in general, to provide i adequately for 'a high type and quality at improvement in said property, 'and thereby to enhsnce the value of investments made by purchasers of lots therein. ARTIC6$ ISI ® 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 i three storito in height above ground level and a private garage for not more than two cars, r 09/17/2003 10: 38 9102591299 PEHLER CN RUPOF DEE PAGE 03 OUOK 827p&cE y �O ARTICLE IV A single story dwelling ah,ll not be lee, than 1000 square feet of ground floor space and the ground floor area of a two or morn story dwelling shall not be lees than 800 equars feat. That a 10% variance from the above stated areas shall be allowed. ARTICLE V We building shall be erected, placed, or altered on any promises in said subdivision until the building plans, specifications, and plots showing the location of much bul,ldine have been approved in writing as to conformity and harmony of external design with existing structures in the development, And 7 as to the location of the building with respect to topography and i 3q3 finished ground elevation by an architectural committee composed u of three persona designated and appointed by Declarants or their . e$ f assigns. in the event said committee fa.tla to approve or i disapprove such design or location within thirty (30) days after € e said plane and specifications have been submitted to it or, .in any event) if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the ® completion thereof, such approval-shall be deemed given and this covenant will be deemed to have been complied 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, patios, screened areas or other structures shall conform to the general architectural character, material and color of the main residence. It is the intention of the Declarants that the , I 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 04 I i dock 827.r�c� 1�1 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 ceder or cypress lap aiding, that all bright and mixed pastels of paints and finishes on thn exterior will be prohibited and the use 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 traes in order for each lot to conform to the quality standards imposed upon this subdivision by this Declaration. The committee shall have responsibility and t •y authority to approve or to require further landscaping. It is F Z the hope of the heelaranta 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 She Mummer breezes, the rustle of the trees, the song of many birds and the relaxing view and acceas 'to Topsail bound and access to the white sands of Topsail Island Beach and the Atlantic Ocean. ARTICLE VI ® No lot ahall be subdivided by sale or otherwise except to increase the Sirs 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 Iota herein conveyed shall not be subdivided or their boundary lines. changed except with the. joinder therein by the Declarants or the homeowner',-, association; however, the Declarants expressly reserve unto themselves and their sueeeasors or assigns the right to raplat any lots as shown on the plat of Sandy Ridge in order to create a modified building lot or lots if 09/17/2003 10:38 9102591299 PENDER CTY RnDOF DEE PAGE 05 nook 927PAoE 112 desirable to make for m more Suitable building site and to that end, beclarants may relocate easements, walkways, common areas end rights of way to conform to the new boundary. ARTICLN V1S No building erected or. any lot other than a corner lot shall face other than the atreat upon which the said .lot faces. No ® building shall be located near the front, rear, aide vard or aide, street lot lines than the minimum Bet back lines set out in the ordinances of the Town of Surf City, N.C. Per the purpose of this covenant, Paves, steps and open porchea shall not be _ construed to permit any portion of a building on a lot to a encroach upon another lot or violate the ordinances of, the Town p9p of Surf City, N.C. +� ARTICLP VlII No fence or wall may be erected, placed or altered upon any ` lot nearer to the street line then the minimum set bock line. No ` fence shall be erected, placed or altered on any promisee in any Subdivision until the building plane, apecifications 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 Architectural Committee hoe 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, believes that the fence will not improve the looks of the lot in conformity with thin Declaration. Fences to be constructed of any wire material, including chain link fencing, shall be permitted in the rear yard 09 17/2003 10: 38 9102591299 PENDER C1Y RODOF LEE PAGE 06 600K $27 PAGE 13 . only of each lot. No £enoa shall exceed six (6) feet in height, ARTICLE IX Off street perking Shall be provided by the owner of each lot for the parking of automobiles awned by Such owner, Any dwelling constructed on any lot shall provide at least 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, garage, barn, 7 • xxx� or other building of a similar nature shall be used as a residence or any lot, either temporarily or permanently. No rE construction, storage building or shod and no trailer, truck or !ypgjI other vehicle used for the storage of, materials or equipment for S ? con atruction of improvements on any lot shall be kept on. any lot E, 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 collection in accordance with pertinent regulations of the city of Surf City, North Carolina, ARTICLE XII NO tree, msusuring more than six (6) inches in diameter at a 09/17/2003 10: 36 9102591299 PEHDER &Y RODOF DEE PAGE 07 COOK 827rm 114 point five (5) feet above ,ground level shall be cut, trimmed, destroyed, or removed 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 Declarents or their assigns or the Architectural Committee. Violation of this restrictive covenant Will automatically result in the liability on the part of those persons reaponaible for the said cutting, trimming, destroying or removing of trees of liquidated damages to the said 0eclerants in the amount of. One Thousand Dollars (51,000.00) in the case of an Oak, Pine or Cedar Tree larger than six (6) inches in diameter at a point five (5) Cast above ground lnvcl. However, from and a after the time of eatablishment of a homeowner's association for this subdivision, than any damages shall be paid to the said E ' homeowner's association. ARTICLE XIII Fifty percent (50%) of each lot shall be maintained in its natural condition except as absolutely essential for the construction and maintenance of necessary appurtenant buildings to the dwelling home. ARTICLE XIV i Installation and maintenance of utilities and drainage 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 those easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, 09/17/2003 10: 38 9102591299 PENDER CTY RODOF DEE PAGE ' 08 souk 827ncoE 115 or which may obstruct or retard the flow of water through a drainage channel in the easements. The ennament area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. The Declaranta ,reserve the right unto themselves, their successors and assigha, a p.jrpetual, .olienable and relaaseable eaeement.wi.th the right on, over, and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cablea, conduits', sewer and water pipes and mains and suitable equipment for the conveyance and use of 3 a electricity, telephone equipment, gas, sewer, water or other + public conveniences or utilities, an, in or over the rear. la Feet a+i of each lot and 7-1/2 feet along each side of each lot and 30 9 Peet along the front of each lot and anywhere within the common areas and private streets, as well as the utility easement shown C � on-the recorded plat of. Sandy Ridge; previded, however, that the Declaranta may cut drainways for surface water runate whenever such action may appear to the Declaranta to be necessary to ® maintain reasonable standards of health, safety and appearance. Thtae easements and rights expressly include the right to cut any tress, bushes or shrubbery, make any grading of the soil or to take any other similar 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 Declaranta, but this reservation shall not be considered an obligation of the Declaranta to provide or maintain any such utility or service. 09/17/2003 10:38 9102591299 PENDER CTY RODDF DEE PAGE 09 OUGK 82°J PAGE 11� ARTICLE XV That until such time as a public sanitary system or community sanitary sever eystem operated under legally constituted authority,is available, sewage disposal aha11 be by septic tank which msets the North Carolina State Board or RAnith approval, and as soon as such public or community sanitary sewer ® system is available, no more septic tanks shall be installed an any lots. No septic tanks, the condition of which becomes unsanitary or detrimental to the health of any resident within the subdivision, after a public or community or sanitary sewer system becomes available, shall be,repaired for the purpose of r a R continued use thereef, but said unsanitary and unhealthful conditions shall be abated end alleviated by inmediate connection a ye3� with said public or community sewer system. Y ARTICLE XVI All roofing shall be of asphalt or fiberglass typo and shall EEE` be of the. 300 pound or more °architectural line" shinglea. All. roofs shall have a 5/12 pitch or greater. Any other type of shinglQn and/or roof pitch must be approved, in writing, in advance of, the construction by the Architectural Committee. ARTICLE XVII Grantee may identify his residence with street number and name or a cottage name or a combination of t:hereoF, but no other signs shall be displayed or exhibited an any lot except temporary "For Rent" or "For Sale" signs not exceeding 10 aguare feet in area. ARTICLE XVIII No noxious, offensive or illegal activity shall be carried 1 I I , 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE 10 GOGY, 82YPAGE 117 upon any lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. ARTICLE XXX No horses, ponies, animals or liVeatock-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 animals do not become an annoyance or nuisance to the neighborhood. ARTICLE XX Declarants, their successors and assignee reserve the right S to enter upon and out grass, weeds, or undergrowth on any lot or $ easement, but shall be under no obligation to do no. Costa to • 3p 0ealarants, 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 against said lob when said work C is performed by Declarants, their successors and assigns. ARTICLE XXI The Grantee of each Iot agrees that for each lot he purchases, he shall be obligated to pay his pro rate share (determinad 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 late of Sandy 09/17/2003 10:38 9102591299 PENDEP CTV RDDOF DEE PAGE 11 BOOK S 27 PdQG 11$ Ridge Subdivision. It is further agreed that pas essmente or chargas may be only for the purposes of maintenance, repairs, OparatiohR and improvementR to and protection of the common areas and 'privato streets. ARTICLE xxll ® It is further agreed that 1f the owners of I/3 of all of the lots in Sandy Ridge. Subdivision so elect and sign instruments forming n homeowner's association, that from and after the recording of such instruments, duly signed by the owns" of 2/3 Of the Sot * Wh ere, the said homeowner's a9.90ciation shall have ph exClueiVO jurisdiction of the Common areas and private streets of Sandy Ridge Subdivision. i4 ARTICLE XXIII " u Ths Grantees agrees to maintain the i @ mpzovements in keeping DE F with the manner and style at the time of original acquisition and f E agrees that the natural foliage, trees, shrubbery and bushes and dunes will be maintained and praservad in so far as possible in keeping with the getting within Sandy Ridge subdivision. hATICLS XXIV ® The Declarants specifically reserve the right to amend or change any part or all Of the restrictions, covenants and Conditions herein set out at the time of; filing, in the Office of the Register of Deeds of pander County, a deed to other lots in Sandy Ridge subdivision, which changed reatriction 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 er, ever the waters of the canal adlui.ning the said 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 12 COOK. 827pac, ) property, boats shall be anchored offshore in the canal and when not in use, shall be moored as closely adjacent to the bank. as I safety allows, in order that navigation of the waterway will not be impeded. Those using the canal shall not cause a wake. ARTICLE XXVI The property conveyed to each Grantee shall be subject to a I ® monthly charge in an amount as will be fixed by Declarants, their I successors and assigns, not exceeding in any month the sum of i ! Twenty rive pollard fS25.d01 per lot. Declarants' assigns may i include a property owners association, which may hereafter be I t organized, the sums provided for in this paragraph shall be 5 5 payable to such aacociation, such charge shall be payable to Decle.rants or their successors or assigns on the 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 7 9 area and such other purposes as shall from time to time be C � I determined by Declarants, their successors or assigns. However, thin` charge may be increased if the roads and streets arc not 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 within twelve (12) months from the date on which construction thereof is begun. ARTICLE XXVIII I i i 09/17/2003 10: 38 9102591299 PENDER CTY P.ODOF DEE PAGE '13 666K 827 RAGE 120, Neither Grantee nor any person or persona, cleiming under him shall or will at any time raise the grade of any lot or lots hereby conveyed above the grade established or to be established by Declarants as that existing at the time of the sale of the lot. ARTICLE XXIX ® The Declarants hereby give, grant, sell and convoy unto the Grantee of each lot, an undivided interest, proportionate to the number of lots owned by each Grantee, i.n 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 i • "private street", and the Grantee of each lot does hereby grant to the Declarants or subsequent owners if other late in sandy Ridge subdivision a perpetual non-axclusive easement to pass y+ over, use and enjoy such common areas and private streets and i agrees that such areas and streets are not divisible by any proceeding at law or equity or by agreement. ARTICLE XXX These covenants shall run with the land and be binding on all parties and persons claiming under them for, a period of ® twenty-five 125) year- from the gate that these covenants are recorded, and after that time, these covenants shall be extended automatically for successive pariods of ten 110) years each, unless an instrument signed by a majority by then owners of the late has been recorded, agreeing to change said covenants, in whole or in part, - ARTXCI,C XXXI In the event of, a violation or breach of any of these 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 14 UGUK 827PAUE 121 restrictions by the Grantee, or Agent or successor such Grantee, the Declarante or their successors or sasigns, or owner of another lot in Sandy Ridge Subdivision or the homeowner's ASSocintion shall have the tight: to g proceed at law or in :gaily to compel the compliance with the terms hereof or to prevent their violation or breach or to recover damages. The failure to e n£orce Any right, reuervation, or condition in these restrictions however long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or ar to a breach occurring prior or subsequent thereto and shall not bar or effect its enforcement. 3 7 - ARTICLB XXXTI a Invalidation of any one or more of these covenants or any 9 part thereof by lodgment or court acdez shall in no way effect @�E any of the other provieiona which shall remain in full force and 9 � effect and the failure of any person or persons to take Action to enforce the violation of any of the covenants and restrictions shall not be construed as a waiver of any enforcement rights and :hall not prevent the enforcement of such covenant or covennnts in the future. ARTICLE XX%III No lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, 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 roference. This covenant is intended to insure continued compliance with storm water runoff rules adopted by the Division of. Rnvironmental Management, the 09/17/2003 10:38 9102591299 PENDER CTY f-:ODOF DEE PAGE 15 000K 827PAGE 122 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 cr any appropriate department or agency thereof. IN WITNESS WHEREOF, the said parties have hereunto set their ® hands And ceala, the day And year first above written. ECLARANTS eYa Quinn - � —(BEAL) (SEAL) Qu nn vacs (SEAL) ML4 E d R Quinn - �sy NORTH CAROLINA 3 Y DOPLIN Y ,ry I, a Notary Public of a Duplin unty, North Carolina, do hereby certify that Gerald H. r Quinn, I. .7. 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 'aeai, this easy 01 April, V.... 4r •'ti'�` g.'G�� r TAfl y'•..;y. r story Pu bl C 5' �my ()binnission Expires: 1 n�f- E ♦000N1i,� No[sa CameosCw.,ry faeegui g (oc sanexed) eeni0eam a[ - -Q°t'? b eert(n ,e be Talyld.-dnY o A.D.,�9�Z to a M. SNlsogoad �t &ter of gsdo 09/17/2003 10:38 9102591299 PEIJDER STY RODOF DEE PAGE 16 VOOK 827em 1213 ATTACHMENT A MAXIMUM BUILT UgON AREA LOT AREA LOT AREA 1 190a 36 2240 2 1900 37 2240 3 1900 36 1900 4 1900 39 1900 ® 6 1900 40 1900 6 1900 41 1900 7 19.00 42 1900 0 1900 43 1900 9 2240 44 2240 10 2240 45 2240 11 2240 46 2240 1.2 2240 47 2240 13 2240 48 2240 14 2240 49 2240 16 2240 50 2240 16 2240 51 2240 17 2240 52 2240 . 3 10 2240 - • 53 2240 g 19 1900 q 54 1900 3 zo 1900 55 1900 21 1900' 56 22 2240 57 1900 9 23 2240 50 1900 24 2240 59 1900 25 2240 60 1900 26 2240 61 1900 -27 2240 62 1900 20- 2240 63 1900 29 2240 64 1900 30 2240 65 1900 31 2240 66 1900 32 2240 67 1900 ® 33 2240 34 2240 69 1900 35 2240 70 1900 71 1900 09/17/2003 10:38 9102591299 PENEIER CTY RODOF LEE PAGE 17 i 1' NORTH ChROLINA 000K (o�rrtllp �'dG�'"�IS/y�Q DECLARATION OF MODIFICATION OF - RESTRICTIVE COVENAN90 MY PONDRM 10 37 RIDGE EUDDTVXf<%ON PENDER COUNTY JDTCF ". SNIGE0090 1IF9I40TER OF 9M)S 4fHCh74 owift4 o. THIS. DECLARATION made this i ''_day of ip2 , A• ,D. , 1192, by QUINN BROTHERS, INC„ a corporation, duly organized and ® existing under and by virtu@ of the laws of the Mate of North , Carolina, with its office and principal place of businaas in Warsaw, Duplin County, North Carolina, DAVID C. SERSELL, Single, of the County Of -'ender, State of North Carolina, JAMES T. EVES, JR. and wife, LINDA DIANE EVES, of the County of Pander, Stets of North Carolina, and STGP11EN M. SELLERS and wife, BRENDA k N. SELLERS, of the County of Pander, State of North Carolina, S the owners of all of the lots in Sandy Ridge Subdivision, hereinafter called the "Declarants"; WITNESSETH: That whereas the Declarants are the owners of the real property described in Article I of the Declaration and are , f t deaireus of modifying certain Restrictive Covenants previously recorded in the Office of the Register of Deeds of Pander County in Book 816, page 172 and Rook 827, Page 108, Subjecting said real property to the protective covenants and restrictions therein contained and all of which axe for the benefit of such Property and for each owner there Of, and inure to the benefit of and pass and run with the said property, and each and every lot or parcel thereof, and apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the aforesaid Restrictive Covenants of Sandy Ridge Subdivision are hereby' modified or otherwise amended as follows: ARTICLE % That Article V shall be deleted in its entirety and the following shall be substituted in lieu thereof as Article V: No building shall be erected, placed, or altered an any promises in R^n"rend and p„rl rAsd J....tY .'1. .b . v[ C'a uJO fw:u.r Suw.ty, x,Q .i 09/17/2003 10: 38 9102591299 PENDER CTV RODOF LEE PAGE 18 oaoK 835Phsc ;(z5 said subdivision until the building plan., specifications,Plots showing the location of such hu ilding have b and ex writing as to conformityedn approved' existing and harmony Of external design with g 9trUcturae in the development, and as to the location of the building with respect to® topography and finished elevation by an *architectural committee ground oompoead 'o£ three persons designated in and appoihtod by Declarants or their aasignA, the event said Committee fail, to approve or dlaapprova design location wiebin thrity (an) pays after said plans and or such specifications have been submitted to it or, in any event if no suit to enjoin the erection of Such btilding ,king of thereof, suohm such Alteration- has been or thy,commenced prior to the Completion 'approval shall be deemed y given and thin Covenant will be deemed t! o have been oommittee obeli complied with. Members of such a a not be entitled to any compensation for services ,9y performed pursuant to this covenant. Any modifications ° additions to any structure ggg on the lot herein c or 3 � mall baxea, gnragee, fenc conveyed, including r other es, decks, patios, acXaehed area or er, material Shall Conform to the genoral architectural character, material intention and color of the main residence, It is the Of the Declarante that the subdivision Shall be developed with the construction of homes. Suitable to end in conformity with the environment And that moat 6£ each lot shall be left constructed a natural stater further, that each home Bhall be ® biding, TI- of cedar or cypress lap siding, inner a,ha lap Biding, T1-11 fir siding or mason'" type hardboard lap siding, that all bright and mixed pastels of paints and finishes on the exterior will be prohibited and the use of subdued colors be encouraged. FurtheY t shall within el,x months from completionhat each Grantee of a lot Shall, lot b of his house, landscape his y planting appropriate shrubs and/pr tzees In order £or each let to conform to the quality standards imposed upon this subdivision, by this Declaration. Theretpon committee Shall have . landscaping. and authority to Approve or to require £urther landscaping. It is the hope at the Declarants that this 09/17/2003 10:38 9102591299 PENUER CTV P.OGOF GEE PAGE. 19 U onoK 835v�cE 12G subdivision will be a relaxing and retiring environment with each homeowner having Much privacy and able to enjoy the aound of the poundi ny" Surf and the Summer breezes, the ruacle of the trees, the song of many bird& and the relaxing viow end access to Topsail Round and access to the white sands of Tep,,L2 Island Beach and the Atlantic oc&an. ® That Article I ARTICLE I1 X shall be deleted in its entirety.and the following Shall be substituted in lieu thereof as Article ix: Off street parking shall be provided by the owner of each lot I or the parking of automobiles owned by such owner. Any d"lling constructed on any lot shall provide 'at least one vehicle storage space in the form of a garage or carport. j ARTICLE III That' Art'Ole XVI shall be deleted in its entirety and , the following shall be substituted in lieu thereof as Article XVI: All roofing shall be of asphalt or fiberglass type. All g b . 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 IV That the lots denominated a& Lot, A through E shown on Map recorded in MSp Book 27, page 105 of the Pender CFunty Registry Shell not be considered a portion Subdivision and, therefore, shall IOf Sandy Ridge not hnOfB subject..,-to the ® Restrictive Covenants imposed and recorded in Book 016, page 172, and Back 827, pogq LOB of the Ponder County Registry, nor st said lots be Reatr subject to the Modifications of the ReLetive Covenants egntained herein. ARTICLE V That except as modified herein, all Restrictive covenants as cvn twined in the original oeclarations of 09/17/2003 10: 33 9102591299 PENDER CTY RODOF DEE PAGE 20 Rmatrict „ enaK 835f��cr• 127 i e Covmnnnta recorded in Book 016, page 1)2 and Book 877, Page 108 of the Fender county Registry shall remain d full force and effect. IN WITNESS WHEREOF, the said partiea have hereunto set their hand- and peals, the day and year fir at above writto n. N M1N, 09,p,llfgsw., `ap O�A7E•'�FA ti OBINN BROTHERS, INC. BYa- dent d. C 3 " .�O,RATb BEN. G * T: • B mretary , Davi Bar all SEAL) e 18EN,) Go T. Eves g ; L n a Diane Evoa (SEAL) C4 if t Pen N, Se lleze (SEAL) -a„aa rv. Be era / i I J, 09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE 21 Doak . $35F�cr 128 NORTFI CAROLINA OUPYIN COUNTY I, aforesaid County, nd Bteta a Notary Public of the Quinn .pernonall a do heroby certify that Gerald A. y PPeared before t this day and 9aknoWledged that he is Secretary of pdinn Arolhere, Inc., the corporation namsd herein, and by authority duly given and an the act of the QaXpOration, the eforeg instrument WAS signed in its name by its esident with its co,: himself as ita Secretary. Pcrate sial, and atteeted by Nltneas my hand and notarial 9e4111 Elf dq �, ❑1 ! 1 Notary P l C .. R My commission k^ P'x ir.ea: D— NJB �� . t NOR4'N CAROLINA rr.ar NYh,., COUNTY I, uA acres , a Notary Public Of the 7 L aid Coun y and. grate do hereb certify T Sorrell, personally appeared Y rtitY khat Oauid C. the du before me this day and acknowledged e execution of the £orggoing instrument for the par ogee theieln expressed, p 6E. Witness my hand and notarial seal, thisda r, , 1992. y \.. •, `'+ O'+.• „ifr.:�" .r.�'slon 8xpirea e gt" "cover i 09/17/2003 10:38 _ 9102591299 PENDER CTY RODOF LEE PAGE 22 NOS--e�RezrmA (/irP�iiri.� BGIIN H$r�P^GG 123 COUNTY OF--4c�gFpI, S �7W aforesaid County 'nd St'te �� a Notary Publio of the and Wife, Linda Diane Eve6 o hereby certify that dame, T. eves day and acknowledged personally apPeared before me this the due exew tJ,on of ® instrument for she purpasss therein a the �r'09oing witness expressed. ,rpN4w'yam mY hand a of nd notarial pr , 1992. sea ,as, „ x �U � N ry Fu lie c MY coomis'ion Expires: a/ b y � NORTH CA'ROLSNA ' I I COUNTY OF 1, ,{f aforesaid Cou t -'x'� a Notezy Puhlia. of the, Sellers and Wife B d state do hereby% . certify that Ste rends N. Sellers Phen M. me this day and aoknOWlad a Personally apPeered before I ged ere due execution of far the purposes therein the foregoing r witness m expressed. Y hand and notarial seal, this—V--day 1�, 1992. '�,fiber•, iC i,n,.:;'\ "M� v f•� �fB:���, Notary Fu6, c l � , ' .? i lion Expire': I , 09i17/2003 10:38 9102591299 PENDER CTV PODOF DEE PAGE 23 I soak 835e�cc 130 NORTI{ CARtlL;NA , PRNDER COUNTY The fo eogin certificatea of ® Correct'. Thin in st rMimant was $1e cartiftod to be day and hourPresorted for registration this and duly recorded in the Office of the Rsgiote.t of Deeda of Fender County, North Carolina, in Book Jay 83S at Pago This -AwNay of n�. A. D.. 1992, at byre AL BMeelood 5 Register O Dee B By, a Recorded and vezifiad: ' 11 I Search Results - Netcenter http://kevdb.infospace.com/ 1S8EU3S02CHMYGK_. People Search Powered By PeopleData First Milford Last Quinn Last i [� Name Name state _- _.—. i Search Listing details for: Milford Quinn Warsaw NIC US Sponsors Milford Quinn PUBLIC RECORDS SEARCH! People Result 1 of 1 update/remove I add listing Search Milford Quinn Easy Look-Up 544 E College St Phone: 910-293-4390 Warsaw, NC 28398 First Milford Last More for Milford Quinn: Quinn •Map • Directions • Email Search • Find Neighbors (Required)_ Last Known State U NEW! INSTANT BACKGROUND CHECK on Milford Quinn Find Your Old High School Friend Milford Quinn at Reunion.com! {Search •Businesses near Milford Quinn Restaurants Automotive Useful Links Entertainment Family Background Checks Medical Retail&Community US People Search All Categories... Address Histories Refine Your Search Phone Numbers Last Name ulnn (required for Canada) Address Locator First Name/Initial ilford Public Records City arsaw People Finder State/Province (required for US and North Carolina Canada) - Powered by (-•Including Surrounding Region(U.S.Only) PeopleData Country United States J (required) •Add Your Listing •Mortgage Quotes =Find dafatryai��l' POWERED BY InfoSpacelNc ®2003 InfoSpace,Inc.InfoSpace,the InfoSpace logo,and related marks are trademarks of InfoSpace,Inc. All other marks are the property of their respective owners.All rights reserved. Legal Notices •Help • Terms of Service • Privacy Policy • Download Netscape 7.0 Copyright g2003 Netscape.All rights reserved. 1 of 1 9/15/2003 10:14 AM • ..Sing 1 W yn+n 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 March 18, 1992 Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. Milford Quinn Route 1 Box W-12-T Warsaw, North Carolina 28398 Subject: Sandy Ridge Subdivision Pit County Pemdar- Dear Mr. Quinn: This letter is in response to the attached letter received March 17 , 1992 from Mr. Charles F. Riggs, R.L. S . . The letter references a meeting held with Mr. Paul Rawls of my staff on February 17, 1992 concerning the Sandy Ridge Subdivision. During the meeting Mr. Riggs inquired as to the possibility of utilizing a tract of land adjacent to the Sandy Ridge Subdivision in an effort to increase the built-upon coverage for your subdivision. During the meeting Mr. Rawls explained that the Division currently allows the percent built-upon area for low density projects to utilize all areas of a project inland from the mean high water line; as long as there are no areas within the project that would be deemed as pockets of high density. The attached site map provided to Mr. Rawls during the February meeting depicts a channel bordering the previously approved project. The channel would act as a interceptor for stormwater. This being the case, any increase in the built-upon area of the current project could be viewed as a high density pocket that is inconsistent with the criteria for low density stormwater certifications. Based on the above, it is our opinion that the additional acreage can not be utilized in a manner outlined in the request. -continued- 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845•Telephone 919-395-3900•Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer ' Mr. Quinn March 18, 1992 Page 2 of 2 -------------- If you have any questions regarding this matter please contact Mr. Rawls or me at (919 ) 395-3900 . Sincerely ave Adkins Water Quality Regional Supervisor PER:DSK1 : Sandy.Mar cc : Charles Riggs, R.L.S. Paul Rawls, DEM, Wilmington Regional Office Bill Mills,lP_..E.._,_DEM Stormwater -Wilmington-Regional—Sto mr water-File-900230--� Central Files WArtA&tr ` ;� --� _ _� -1 •tea LIMY Qv.i J r r COA L L � 5A vy 4Ji ATLANTIC VJ11JL 11LJ WII II VIG .. J1J YJJ YfYJG GYJl CHARLES F, RT -jGS t, AS✓OC;IATES, INC. 202 WARLICK STREET F'. 0. FOX 1570 JACKSONVILLE, NORTH CAROLINA 28541 -1570 C919? 455-0877 MARCH 11 1992. MR. FAUL RAWLS ENVIRONMENTAL. TFCHNICTAN V DIVISION OF ENVIRONMENTAL. MANACdCME:NT WATER QUALITY SECTION 127 CARDINAL DRIVE EXTENSION WILMINGTON, NORTH CAROLINA ;28A03 SUBJECT: ADDITIONAL 31, ACRES NORTH OF SANDY RIDGC SURF CITY, NORTH CAROLINA PROJECT NO. 900230 MR. PAWLS: IN REFERENCE TO OUR: CONVERSATION OF MONDAY, FEBF?UARY 17, 1992, 1 WOULD APPRECIATE A DECISION CONCERNING THE INCLUSION OF APPROXIMATELY 31 ACRES OF LAND LOCATED NORTH OF SANDY RIDGE, WITHIN OUR: PRESENT APPROVED STORM!•JATER FLAN CONSISTINei OF 19.0 ACRES. THIS WOULD INCRFASE OL1F: TOTAL TRACT AREA TO 50 ACRES AND WOULD THEREFORE INCREASE OUR IMPERVIOUS SURFA!=E COVERAGE PER LOT. SINNCCEER'ELLY, CHARLES F. ttl , P. L. S. OWNER: MR.. MILFORD QUINN — RT. 1 , AOX W-12—T WARSAW, NORTH CAR:OLINA 28390