HomeMy WebLinkAboutSW8900711_CURRENT PERMIT_19900813 STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 ow o l I t
DOC TYPE ® CURRENT PERMIT 9
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 1q g 0 0 8 t 3
YYYYMMDD
f ' A
'guy.
State of North Carolina
Department of Environment, Health, and Natural Resources
\Vilmington Regional Office
James G. Martin, Governor Bob Jamieson
Williarn W Cobey, Jr., Secretary August 13 , 1990 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Nathan S . Sanders
110 Hinton Avenue
Wilmington, North Carolina 28403
Subject: Certification of Compliance
with Stormwater Regulations
Project No. 900711
River Island at River Hills Plantation
New Hanover County
Dear Mr. Sanders:
The Wilmington Regional Office received the Stormwater
submittal for River Island at River Hills Plantation on July 20,
1990 and final information on August 10, 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 15A NCAC 2H. 1003 (a) (3) . 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rescinded and the project shall be constructed in accordance with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 filed with the Wilmington
Regional Office.
If you have any questions concerning this matter, please
call Paul Rawls or me at (919) 256-4161.
Sincerelya
5
Preston Howard, Jr. , P. E.
Regional Supervisor
PER: 900711.Aug
Attachment
cc: Ward Andrews, P.E.
Steve Morrison, Timber & Land Management
Bill Mills
WiRO, CF
7225 Wrightsville Avenue, Wilmington, NC. 28103-36% • -telephone 91925(.4161 • Fax 919256-8,572
N
DIVISION OF ENVIRONMENTAL MANAGEMENT
Submittal Form for Projects Using Density Limits for Stormwater
Control
PROJECT DATA
Name of Project: River Island at River Hills Plantation
Location ( County, Township/Municipality, Address) : New Hanover QJ=ty,
Federal Point Township off River Rnad on Capp. Fear River.
Applicant Name: Nathan S. Sanders
Mailing Address: 110 Hinton Avenue, Wilmington, N. C. 28403
Phone No. : 919-799-506
Submittal Date:
Brief Description ( include map and appropriate drawings ) :
10 single family lots on an island in the Cape Fear River,
Water Body Receiving Stormwater. Runoff:
Name of Water Body: Cape Fear River
Classification of Water Body: not SA
Total Area of Proposed Project (acres ) : 5.72
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks )
LAMA Major yes Sedimendation and Erosion Control rio
404 Permit no DEM/DHS Sewage Disposal no
Other ( specify) :
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. ) 0\1
' Lr b
.500 .. U .
a) Built-upon area: L sq. ft. �u'L 20
b) Total project area: 29)-,163 sq. ft.
% built-upon = built-upon / total project area * 100 90_0: (
% built-upon area = 22 %
If the water body receiving stormwater runoff is classified as
SA, is the % built-upon area < 25%? Yes No x
If the water body receiving stormwater runoff is classified other
than SA, is the % built-upon area < 30%? Yes No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes r No
(Grassed-line swales should he:.ve a side slope of 3 : 1 (H:V) or
less. )
( Grassed-lined swales should have a side slope of 3 : 1 (H:V) or less . )
If no, please provide a detailed description.
BUFFER AREA
Is the built-upon area at least 30 feet from mean high water of all
surface waters? Yes x No
If no, please provide a detailed description.
(Note: only boat ramps, public roads, public bridges and walkways to water
related facilities are allowed within 30 feet of mean high water if the
project is intended to meet stormwater control requirements through
density limits. )
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that subdivisions
maintain the development consistent with the plans and specifications
approved by the division and include the State as a beneficiary of the
restrictions?
Yes x No
( Include a copy of the restrictions and covenants with this form. )
CERTIFICATION
I Nat#ran sanders certify that the information included on
this submittalS 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 th requirement of 15 NCAC 2H. 1003 (b) .
/',_ 7 - 1 9,- 91:D
Si nature Ow r Date
110 Hinton Avenue, Wilmington, N. C. 28403
Address
If agent, please list owner' s name and address below.
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN-OFF
Regional Office
DadZe
� I Indivi ual Evaluat' g Forms / Plans
Date vriaTu Water Quality Supervisor
- '9ooar�
ADMITTED TO RECORD
�� �� BOOK� PAGE
1�nAr of -`— `-_
I � 1882 0128
AT Lei LI9P. M
No,:,Y 5t)� GUTS
STATE OF NORTH CAROIWS 1 rOV0I;UU,1TY DECLARATION OF RESTRICTIONS
OF
COUNTY OF NEW HANOVER RIVER ISLAND, PHASE I
THIS DECLARATION OF RESTRICTIONS, made this the day of
May, 1995, by SANCO OF WILMINGTON SERVICE CORPORATION, a North
Carolina Corporation, herein referred to as "Developer" ;
000O54A W I T N E S S E T H :
THAT Developer is the owner of all of the interest and equity
in that certain tract of land known as Lot , Phase RIVER
ISLAND, and it is the desire of the Developer, to ensure the use of
said property for attractive residential purposes only, to prevent
the impairment of the attractiveness of the property, to maintain
the desired tone of the community, and thereby to secure to each
lot owner in RIVER ISLAND, the full benefit and enjoyment of his
home with no greater restriction upon the free and undisturbed use
of his lot than is necessary to ensure the same advantages to the
other lot owners in the subdivision .
NOW, THEREFORE, the Developer does hereby covenant, agree and
declare to and with all persons, firms, or corporations owning or
hereafter acquiring Lot , Section I , RIVER ISLAND, as shown
upon a map recorded in Map Book at Page , of the New
Hanover County Registry, that said lot is hereby made subject to
the following restrictions as to the use thereof, running with the
land by whomsoever owned, and that all of the lots to be sold in
RIVER ISLAND, to be shown on future maps to be recorded in the New
Hanover county Registry, shall be made subject to the following
restrictions as to the use thereof, running with the land by
whomsoever owned, to-wit:
1. RESIDENTIAL USE ONLY: All. lots in said subdivision shall
be known as single-family residential lots, and shall be used for-
residential purposes only.
2 . SIZE OF STRUCTURES: Only single family dwellings will be
allowed. The inclusion of detached servant 's quarters or "mother-
in-law quarters" shall not be considered a violation of this
restriction. No one-story dwelling containing less than 2, 400
square feet of heated floor space will be allowed on any lot in the
Subdivision. No two-story dwelling containing less that 2, 800
square feet of heated floor space will be allowed on any lot in the
Subdivision. No three-story dwelling containing less than 3 , 000
square feet of heated floor space will be allowed on any lot in the
Subdivision.
1.
fiF.H�fSi�iCt, l'F'S
BOOK
1 8 8 2 Pace
0129
A detached or attached garage for not less than two ( 2) cars
must be constructed on each lot in the Subdivision at the time of
construction of the primary dwelling located thereon.
In cases where the square footage area computed as provided
herein is not more than ten percent ( 10% ) below the minimum
requirements established herein, the Developer or its designated
agents may, in its sole discretion', approve the construction of the
dwelling if it is in conformity with the general development of the
Subdivision.
Driveways on each lot shall be constructed of black or dark
gray concrete, brick, asphalt, exposed aggregate or other material
approved by the Developer.
3 . DETACHED STRUCTURES: All detached structures, including
pump houses, constructed on any lot in the Subdivision shall
conform to the design and material specifications and colors
approved for the dwelling constructed thereon.
4. PIERS: No individual pier construction shall be allowed on
any of the individual private lots.
5. EXTERIOR COMPOSITION: No concrete block, concrete brick,
asbestos siding, aluminum siding, cinder block or tar paper
composition shall be used for the exterior of any dwelling
constructed on any lot located in the Subdivision, it being
intended that only conventional frame, clay brick, stucco, or vinyl
exteriors be constructed on the lots subject to these covenants.
6 . SETBACK REQUIREMENTS: Since the establishment of standard
inflexible building setback lines for the location of houses on
lots tends to force construction of houses directly to the side of
other houses with detrimental effects on privacy, views,
preservation of important trees and other vegetation, ecological ,
and related considerations, no specific setback lines are
established by these restrictions. In order to assure, however,
that the foregoing considerations are given maximum effect, the
Developer reserves the right to control and approve absolutely the
site and location of any structure upon any lot.
7. PROHIBITED USES: No lot located within the Subdivision
shall ever be used for business, manufacturing, commercial or
professional purposes, it being intended that all lots are
restricted to residential use only.
8. TEMPORARY STRUCTURES: No house, trailer, mobile home,
tent, shack, garage, or temporary structure of any nature, shall be
located_on any lot or used at any time as a dwelling, temporarily
or permanently, nor shall any structure of a temporary character be
l used as a residence.
2
aoox Pace
1882 0 .130
9. FENCING: The Developer reserves the right, in its sole
discretion, to approve all fencing plans for any lot in the
Subdivision. Any owner of , any lot who desires to erect a fence
thereon must first submit a perimeter plan for said fencing, along
.with the specifications on materials and design to the Developer
and obtain the Developer's approval prior to the beginning of
construction of said fence. Developer encourages fencing, but it
must be of an historical style.
10. CLOTHES LINES: The outdoor drying of clothes and the
erection of outdoor clothes lines or similar devices in the
Subdivision shall be subject to the approval of the Developer, and
then only when thoroughly screened from view.
11 . YARD SALES: No yard sales or garage sales shall be
permitted upon any lot in the Subdivision.
12 . SIGNS: No advertising signs or billboards shall be erected
on any lot or displayed to the public on any lot, except that one
sign per lot, not to exceed five (5 ) square feet in area, may be
used to advertise a completed dwelling for sale. No "For Sale"
signs are allowed on any unimproved lot. This covenant shall not
apply to signs erected by the Owner of the lot (individual or
Developer) used to identify and advertise the Subdivision. as a
whole, by the general contractor/builder of the residence doing the
construction, or by a bank or mortgage bank advertising that it has
provided the financing for said construction, provided that such
financing advertising is included on and made a part of the general
contractor's/builder's sign.
13 . FUEL TANKS, STORAGE RECEPTACLES, ETC. : No fuel tanks or
similar storage receptacles located on any lot may be exposed to
public view. Any such receptacles must be installed only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.
14 . ANTENNAE, SATELLITE DISHES: Possession and placement of
television antennae, or television or radio satellite dishes on any
lot in the Subdivision shall require the express written approval
of the Developer. Thorough and effective screening for the same
shall be one of the essential conditions for the granting of such
approval by the Developer.
15. ANIMALS, NUISANCES:
(a) No noxious or offensive activity shall be carried on or
maintained on any lot or part of any lot, nor shall any use be made
of _ any_ portion . of said. property which may be or may become an
annoyance or nuisance to the neighborhood.
3
BOOK PAGE
1 .882 0 .131
(b) No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot in the Subdivision, except that
dogs, cats or other household pets may be kept for the purposes of
providing companionship for the private family. Barking dogs shall
be restrained by . their owners to the satisfaction of the.
surrounding residents. Animals are not to be raised, bred or kept
for commercial purposes or for food. It is the purpose of these
provisions to restrict the use of any lot so that no person shall
quarter on said lot cows, horses, bees, hogs, sheep, goats, guinea
fowls, chicks, geese, rabbits, chickens, turkeys, skunks, snakes,
or any other animals that may interfere with the quietude, health
or safety of the community. No more than four ( 4) household pets
will be permitted on any lot. Pets must be restrained or confined
on the homeowner's back lot inside a fenced area or within the
house. It is the pet owner's responsibility to keep the lot clean
and free of pet debris . All animals must be properly tagged for
identification, and further, must be kept on a leash when not
confined within the fenced area. When such animals are not confined
within a fenced area of the owner's yard, it is the pet owner's
responsibility to remove any pet debris left by their pet upon any
of the lots or common areas within the subdivision. Any costs
incurred by the other lot owners or the Association as hereinafter
established, for the removal of pet debris left by the pet of a lot
owner upon any lot or upon any part of the common areas shall be a
charge against the pet owner's lot and shall be assessed against
that individual lot owner as a special assessment and subject to
the regulations regarding liens and assessments as hereinafter set
forth. The Association may, in addition, establish a schedule of
fines for violations of this Paragraph and such fines shall be
assessed as a special assessment and collected in the same manner
as costs of removal provided herein.
(c ) Unsightly or inoperative junk cars, equipment,
materials and like exposures cannot be maintained on the property
either prior to or after the residence has been erected on any lot.
Further, automobile maintenance and repair should occur inside the
garage, and at no time shall automobiles be allowed to be placed on
jacks or blocks, in the view of neighboring residents, even for a
brief time period.
16. CONSTRUCTION APPROVALS:
(a) It is the intent of the Developer to create a
"historic lookingtt neighborhood and that all home construction and
landscaping should be in and consistent with the "Old South" ,
"Antebellum" , or other styles or blends of styles as may be found
in the Historic Districts of New Bern, North Carolina, Wilmington,
North Carolina, Charleston, South Carolina, or Savannah, Georgia.
All building plans for any structure to be constructed in the
subdivision-,shall. -be. approved - by the Developerprior--.to ,. the
i beginning of construction. Front, rear and side elevations,
together with specifications on the exterior siding, windows,
4
„ r
BOOK PACE
18B2 01. 3. 2
doors, roofing and exterior colors, together with actual color
samples, as well as complete interior floor plans, . must first be
submitted to Developer for review and approval prior to the
beginning of construction, to include site work.
(b) Landscaping' shall be approved by the Developer
simultaneously with the building plans. Plans submitted for
approval shall include a site plan with lot lines, building
outlines, driveways and parking areas. Identification of
vegetation to be removed is required. Landscaping plans shall
include sufficient cover to screen air conditioner compressors and
trash receptacle areas, and shall provide visual breaks to the
building foundation. Each lot shall include significant areas of
sodded lawns, and all landscaping shall be maintained and watered
by underground irrigation sprinkler systems. Landscaping plans as
submitted shall specifically encompass the entire lot and include
regular proper mowing and maintenance from the foundation of the
residence to the edge of the lot line or to the edge of the
pavement of the private right of way. Further, removal of any
existing vegetation shall require the express written approval of
the Developer. It is the intent of the Developer herein to
extensively retain as much of the natural existing vegetation, as
well as the natural existing placement of the same in order to
preserve and enhance the natural aesthetics of the Island
development as fully as possible . The intent of this article being
to have landscaping which will enhance the "historic look'' of the
Island.
(c) Removal of any tree with a caliper of 311 or more at a
height 2 ' above the ground shall always require written approval of
the Developer or the Home Owners Association if such responsibility
has been transferred to the Home Owners Association.
(d) All trash and debris shall be cleaned from the site
within fifteen ( 15 ) days after completion of the main structure on
any lot. During construction, trash and debris shall be removed
from the site daily to prevent unsightly accumulations and the
resulting spread thereof to adjacent property. Dumpsters or fenced
areas shall be required for the placing of loose trash and debris.
Dumpsters shall not be placed within any street right of way. Upon
a lot owner's failure to collect and dispose of such trash and
debris within fifteen ( 15 ) days after receipt of written notice
from the Developer, Developer may collect and dispose of same at
the lot owners expense.
(e) All property improvements on any lot must be completed
within six ( 6 ) months after the beginning of construction. '
( f) Developer may appoint a committee to assist it -in the
review of--plans and specifications hereunder. After -all-lots in
the Subdivision have been sold and closed, all of Developer's
responsibilities .for such approvals will - be turned over to a
5
BOOK PAGE
last 0 13 3
committee appointed for such purpose by RIVER ISLAND OWNERS
ASSOCIATION, as herein established.
(g) No structure, planting or other material my be placed
in such a manner or location as to impede the installation and
maintenance of utilities ' and drainage facilities, unless the
location and manner of use thereof has been first approved in
writing by the Developer.
17 . PROHIBITED PARKING: No boats, trucks, cars, trailers,
campers, motorcycles, travel trailers, or other type of
recreational vehicle may be parked or stored on any of the common
areas or the street rights of ways in the Subdivision. All
vehicles referenced herein shall be parked in the rear of each
individual lot and screened from neighboring views by a minimum of
six feet of significant screening material (e. g. treated wood
fencing or natural vegetation, or both) , except that each
.individual lot owner may have a total of four cars, minivans or
pickup trucks routinely parking in the subject driveway for each
individual lot.
18 . EASEMENTS AND MAINTENANCE:
(a) Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the plat
of RIVER ISLAND. Easements are also reserved for the installation,
operation, maintenance and ownership of utility service lines from
the property lines to the residences. The Developer reserves the
right to make changes in and additions to the above easements for
the purpose of most efficiently and economically installing
improvements. By acceptance of a deed to any lot, the owner
thereof covenants and agrees to mow weeds and grass and to keep and
maintain -in a neat and clean condition any easement which may
traverse a portion of the lot, and in the event that the Buyer or
Purchaser of any lot within the said subdivision breaches this
restriction, the Developer reserves the right to enter upon said
lot and mow the grass, clean up the lot and remove unsightly
structures and objects, at the owner's expense.
All maintenance required hereunder shall also include
that area from the lot line to paved streets and any easements that
traverse any portion of the lot.
(b) The general grading, slope and drainage plan of a lot
may not be altered without the express written , approval of the
appropriate New Hanover County authorities, and the Developer, and
other appropriate agencies having authority to grant such approval .
(c) Each lot owner shall maintain the exterior of all
buildings;-fences; walls and other- improvements on his lot in good
condition and repair, and shall replace worn and rotten parts, and
shall regularly repaint all painted surfaces and shall not permit
6
BOOK PAGE
188.2 0 13 4
the roofs, rain gutters, downspouts, exterior walls, windows,
doors, walks, driveways, parking areas or other exterior portions
of the improvements to deteriorate in an unattractive manner. The
maintenance referenced herein shall be supervised and regulated by
the Homeowners Association. In the event that the lot owner shall
fail to comply, the Homeowners Association is expressly hereby
authorized, and the lot owner hereby expressly agrees, that said
maintenance and/or repair may be effected by the said Homeowners
Association with the expenses incurred for the same to be assessed
against the individual lot . owner as a special assessment and
subject to the regulations regarding liens and assessments as set
forth herein in Paragraph 24.
19. STORMWATER RUNOFF REGULATIONS: Restriction of built upon
areas:
(a) Built upon area, defined: Built upon area shall mean
that portion of each lot that is covered by impervious or partially
impervious cover, including building, pavement, recreational
facilities, etc. , but not including decking. The built upon area
for each lot shall not exceed 6 , 350 square feet, unless and until,
the State of North Carolina shall revise its stormwater runoff
regulations to permit a greater built upon area for,.,each lot.
(b) Built upon area, restricted: No more than 6 , 350
square feet of any lot of River Island Subdivision shall be covered
by structures and/or paved surfaces, including walkways, driveways
or patios of brick, stone, slate or similar materials, all of which
constitute effective impervious cover which is controlled by North
Carolina Coastal Stormwater Regulations. The Developer reserves
the absolute right to re-calculate the' maximum allowable built upon
area for each lot if required by North Carolina Coastal Stormwater
Regulations. This covenant is intended to insure continued
compliance with stormwater runoff rules adopted by the State of
North Carolina, and therefore compliance may be enforced by the
State of North Carolina.
20. UTILITY EASEMENTS: The Developer reserves the right to
subject the real property in this Subdivision to a contract with
Carolina Power and Light Company for the installation of
underground electric cables and/or the installation of street
lighting, either or both of which may require an initial payment
and/or continuing monthly payment to Carolina Power and Light
Company by the owner of each residence.
21. MAIL BOXES AND NEWSPAPER BOXES: Each lot in the
Subdivision shall have only one ( 1 ) mailbox and one ( 1 ) newspaper
box to be mounted on a single post, and all such boxes and posts
shall be of a historic style and must be approved by the Developer.
Such mailboxes or paper boxes may be provided by the Developer.
Any boxes ' provided - by the Developer shall be considered an
l`, improvement and must remain with the lot.
BOOK PAGE
1882 0 13 5
22 . WATER AND SEWER:
(a) All water to be used in said subdivision for domestic
purposes shall be .obtained 'from the community water system, unless
other sources are approved by the. City-County Board of Health and
the owner of the community water system, or their successors. Lot
owners may, however, drill shallow wells for irrigation purposes
and for non-domestic usage. An eight ( 8 ) foot radius from each
water meter shall be an easement for maintenance and repair of such
meter. Additionally, the front ( 10 ) feet of each lot is hereby
reserved for utility easements.
The Developer hereby grants an easement to the
community water company along all streets and roads in the
subdivision for the purpose of installing, maintaining, repairing
and replacing water lines.
The Developer hereby expressly retains the right to
provide for the water needs of each individual lot to be supplied
by the drilling of individual wells by the individual lot owners,
as an individual alternative or a collective alternative to the
community water system described herein.
(b) Sewage disposal systems shall be only into the New
Hanover County sewage collection system, or private sewage
_-. collection system for the Subdivision, or through individual septic
tanks, only if a sewage collection system is not available.
23 . BOAT SLIPS:
(a) Each lot set forth on the Subdivision plat recorded
in Map Book , at Page of the New Hanover County
Registry, shall include and be assigned, one non-severable boat
slip in the marina dock area in the RIVER ISLAND Subdivision as
shown in Exhibit A hereto attached and incorporated herein by
reference. Assignment of the slips pursuant to this paragraph shall
be made by the homeowners association as hereinafter established,
and slip assignments shall be made on a first-come, first-serve
basis as each of the lots in River Island is conveyed by the
Developer. The homeowners association shall maintain, as part of
the corporate records, a record of the assignment of slips and may
issue such documents to the association members as it shall deem
necessary- to evidence such slip assignments.
(b) Except as hereinafter provided, no property interest
concerning the herein described boat slips shall ever be conveyed,
sold, transferred, leased, mortgaged, or otherwise encumbered
-individually and-apart from the lot associated with, the boat slip
l assigned to it. Lot owners in River Island, with the approval of
the homeowners association, which shall not be unreasonably
8
BOOK PAGE
withheld, may exchange 11$� 2betweeno themselves mselves to suit the needs
of the owners of the lots. The said boat slips shall be exclusively
for the use of the owners/residents of the primary residence of the
subject lot. Guests shall not be permitted to use, enjoy, or
occupy the said boat slip for more than any seven ( 7 ) days in a
given (30) consecutive day period. Any exceptions to the guest
time period set forth herein shall require the express written
consent of the homeowners association with an individual, case by
case, review and consideration.
(c) The Board of Directors of the homeowners association
as herein established shall have the authority to formulate,
publish, and enforce reasonable rules and regulations concerning
the use and enjoyment of the boat slips and pier areas. Enforcement
of such rules and regulations may be made by the levying of fines
for violations, which shall be assessed, collected, and enforced
against the responsible lot owner(s) in the same manner as a lot
assessment pursuant to Paragraph 25 of this Declaration.
24. OWNERS ASSOCIATION: To provide for the maintenance,
repair, upkeep and replacement of the private streets, bridge,
street signs, pier, dock, boat slips, walkways, , gazebo; fire
protection water tank and appurtenances, irrigation system, and
other amenities, and other common areas, the Developer has formed
RIVER ISLAND OWNERS ASSOCIATION, INC. , a non-profit corporation
( organized pursuant to Chapter 55A of the General Statutes of North
Carolina. The Association shall be responsible for providing any
necessary liability insurance. The Articles of Incorporation for
said corporation are recorded in Book , at Page of the
New Hanover County Registry. The By-Laws for said corporation are
attached hereto as Exhibit "B" , and are incorporated herein by
reference.
Every owner of a fee simple title to a lot within the
development shall be deemed to own, possess and have accepted:
(a) A membership or memberships in the RIVER ISLAND
OWNERS ASSOCIATION, INC. , appurtenant to his lot(s) ;
(b) An undivided equal interest with all other owners,
for each membership in the Association owned, in the Association
and all of its assets;
(c ) An easement of access and enjoyment, equal to that of
all other owners, in and to all of the streets, common areas and
amenities, subject to the right of the Association to dedicate or
transfer all or any part of the common areas and amenities, for
such purposes and subject to such conditions as the Association may
determine, acting by and pursuant to the provisions of its duly
enacted By-Laws.
l
9
PAGE
BOOK
i882 013 '1
(d) The duty of complying with and abiding by all of the
provisions of these Articles, the By-Laws of the Association and
the Rules and Regulations of the Association, including the payment
of dues and assessments as provided herein.
25 . LIENS AND ASSESSMENTS: The Association has heretofore
been given the authority to administer the operation and management
of the common areas and the amenities, of the property, it being
recognized that the delegation of such duties to a single entity is
the best interests of the owners of all lots subject hereto. To
properly administer the operation and management of the common
areas and amenities, the Association will incur, for the mutual
benefit of all the owners of such lots, costs and expenses
sometimes herein referred to as "common expenses" . To provide the
funds necessary for such proper operation, management and capital
improvement, the Association has heretofore been granted the right
to make, levy and collect assessments against the members of the
Association and their lots. In furtherance of this grant of
authority to the Association to make, levy and collect assessments
to pay the costs and expenses for the operation of, the management
of, and for capital improvements to the common areas, which for the
purposes of these By-Laws shall be deemed to include, but not be
limited to, the common areas and amenities, and all other
improvements, the following shall be operative and binding upon the
owners of all lots:
(a) The owner of any lot subject hereto, with the
exception of the Developer, by acceptance of a Deed therefor,
whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association:
(i) annual assessments or charges; and
(ii) special assessments for capital improvements
or special assessments as established by the
Board of Directors of the Association, such
assessments to be established and collected
as hereinafter provided.
The annual and special assessments, together
with the interest, costs, and reasonable
attorney's fees, if any, shall be a charge on
the lots and shall be a continual lien upon
each lot against which they are levied. Each
such assessment, together with interest, ` costs
and reasonable attorney's fees, shall also be
- the personal-obligation of the person-or entity
lwho is the owner of such lot at the time when
the assessment falls due. The personal
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BOOK PAGE
1882 0138
obligation for delinquent assessments shall not
pass to any successor in title unless expressly
assumed by him.
(iii) ' The Developer shall only be required to pay
twenty-five percent ( 25% ) of the regular annual
assessments on any lot owned by it prior to its
sale. For example, if regular assessments on
a lot are $100 . 00 per year, Developer shall
only be required to pay an assessment of $25 . 00
per year per lot owned by it at the beginning
of the assessment period.
(b) The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and
welfare of the residents of the property in particular for the
maintenance, repair and replacement of all common areas (including
but not limited to common bridge, common pier, amenities and
streets. )
(c) The annual assessments for each calendar year shall
be established by the Board of Directors, and may be increased by
the Board of Directors for any calendar year without approval by
the membership by an amount not to exceed ten percent ( 10% ) of the
maximum annual assessment of the previous year. The maximum annual
assessment for any calendar year may be increased without limit by
a vote of two-thirds ( 2/3 ) of the members who are voting in person
or by proxy at a meeting called for this purpose.
(d) In addition to the annual assessments authorized
above, the Association may levy, in any calendar year, a special
assessment for the purpose of defraying in whole or in part, the
costs of any construction, reconstruction, repair or replacement of
a capital improvement to the common areas (including but not
limited to common bridge, common pier, amenities and streets) ,
provided that any such assessment shall have the assent of two-
thirds (2/3 ) of the vote of the members who are voting in person or
by proxy at a meeting duly called for this purpose. All special
assessments shall be fixed to the uniform rate for all lots and may
be collected on a monthly basis.
(e) Written .notice of any meeting called for the purpose
of taking any action authorized under Paragraph 24(d) shall be sent
to all members not less than ten ( 10 ) days nor more than sixty ( 60)
days in advance of the meeting. At the first .such meeting called,
the presence of members or of proxies entitled to cast sixty
percent (60% ) of all votes of the membership shall constitute a
quorum of_the ..preceding meeting. No such subsequent meeting shall
be held more than sixty ( 60 ) days following the preceding meeting.
11
IPAGE
BOOK
0139
(f) The alnn� 2 uaalassessments provided for herein shall be
collected on a yearly basis and shall commence as to all lots on
the first day of the month following recordation of this
Declaration of Restrictions. The first annual assessment shall be
adjusted according to the number of months remaining in the
calendar year.
(g) Any assessment not paid within thirty ( 30 ) days after
the due date shall bear interest at the rate of fourteen percent
( 14% ) per annum from the date due until paid. The Association may
bring an action at law against the owner personally obligated to
pay the same or foreclose on the lien against the lot, and
interest, costs, and reasonable attorney's fees of such action. for
foreclosure shall be added to the amount of such assessment.
(h) The lien herein granted unto the Association shall be
enforceable from and after the time of recording a claim of lien in
the public records of New Hanover County, North Carolina, which
claim shall state the description of the lot encumbered thereby,
the name of the record owner, the amount due and the date when due .
The claim of lien shall be recordable any time after default and
the lien shall continue in effect until all sums secured by said
lien as herein provided shall have been fully paid. Such claims of
lien shall include only assessments which are due and payable when
the claim of lien is recorded, plus interest, costs, attorney's
fees, advances to pay taxes and prior encumbrances and interest
thereon, all as above provided. Such claims of lien shall be
signed and verified by an officer or agent of the Association.
Upon full payment of all sums secured by such claim of lien, the
same shall be satisfied and canceled of record. The lien provided
for herein shall be subordinated to the lien of any first mortgage
or Deed of Trust and any person, firm, corporation or other entity
acquiring title to any lot by virtue of any foreclosure, deed in
lieu of foreclosure or judicial sale, shall be liable and obligated
only for assessments as shall accrue and become due and payable
subsequent to the date of acquisition of such title, and such owner
shall not be liable for the payment of any assessments which were
in default and delinquent at the time such owner acquired title.
In the event of the acquisition of title to a lot by foreclosure,
deed in lieu of foreclosure or judicial sale, any assessment or
assessments as to which the party so acquiring title shall not be
liable shall be absorbed and paid by all owners of all lots as part
of the common expenses, although nothing herein contained shall be
construed as releasing the party liable for such delinquent
assessment from the payment thereof or the enforcement of
collection of such payment by means other than foreclosure.
(i) Upon the sale of eighty percent ( 80% ) of the lots in
all phases of-RIVER-ISLAND, the Developer may -turn- over control of
the Owners Association to a Board of Directors to be elected by the
membership in accordance with the By-Laws of the Association.
12
BOOK PAGE
11 01y0
Until such time, howevc'Y8 the Developer shall elect the Board of
Directors of the Association.
26. INVALIDATION: Invalidation of any one of these covenants
by judgment or court order shall in no way affect any of the other
covenants herein, which shall remain in full force and effect.
27 . VIOLATION: If the parties hereto, or any of them, or
their heirs or assigns, or any other party subject hereto, shall
violate or attempt to violate any of the covenants herein, it shall
be lawful for any person or persons owning any real property
situated in said RIVER ISLAND to prosecute any proceedings at law
or in equity against the person or persons violating or attempting
to violate any such covenants, and either to prevent him or them
from doing so or to recover damages or other dues for such
violation.
28. VALIDITY: All covenants, restrictions and affirmative
obligations set forth in these Restrictions shall run with the land
and shall be binding on all parties and persons claiming under them
to specifically include, but not be limited to the successors and
assigns, if any, of the Developer, for a period of twenty ( 20 )
years from the date hereof after which time all said covenants
shall be automatically extended for successive periods of ten ( 10 )
years unless an instrument signed by the owners of a majority of
the lots (not including mortgagees or trustees under deeds of
trust) substantially affected by such changes in covenants, has
been recorded, agreeing to change said covenants in whole or in
part.
29. DEVELOPER'S RIGHT TO AMEND: Developer shall have the
right, at any time prior to December 31, 2005, to amend these
Restrictions, in whole or in part, without the consent or joinder
of any owner of any lot in said subdivision, so long as such
amendments do not impair the property values of the other lots in
RIVER ISLAND.
IN TESTIMONY WHEREOF, SANCO OF WILMINGTON SERVICE CORPORATION,
the Developer, has caused this instrument to be executed in its
corporate name by its duly authorized officers, and its corporate
seal to be hereunto affixed, by authority of its Board of
Directors, this day of May, 1995 .
SEILV� SANCO OF ILMINGTON SERV CE CORPO ION
C, y
ATTEST .te Na n S. San ers President7—
Judia B.� ders, Secretary
0
of o y 13
s
PAGE
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I , , a Notary Public of said County and
State, dd( hereby certify that Judia B. Sanders personally appeared
before me this day and acknowledged that she is the Secretary of
SANCO OF WILMINGTON SERVICE CORPORATION, a North Carolina
Corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by herself
as its Secretary.
Witness my hand and notarial stamp or seal, this the
day of May, 1995 . a tr,,
�l�P G. kk ,,,
My Commission Expires: y�!\��� �' t-ary Public
STATE OF NORTH CAROLINA
New Hanover County
The ForTu'ib/ndae G. CWoodellor
Notary(Notaries)Public is/are certified
to be correct.
This the 12 day of May // 19 95
M Sue Oa s,Regiptcr deeds
by UAL/ i(X�
Deputy/Assisdau1
14
UUU f. PArE
1979 0823 ,
STATE OF ,,rrbb''TH AEA AMENDED
COUNTY Ot787i' pU DECLARATION OF RESTRICTIONS
FEW H4fff1 UUU'VV�'t OF
95 AN 25 Pf1 3 26 RIVER ISLAND, SECTION 1
and
DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 2
THIS AMENDED DECLARATION OF RESTRICTIONS OF RIVER ISLAND. SECTION
1 and DECLARATION OF RESTRICTIONS OF RIVER ISLAND, SECTION 2, made
this the 25th day of January, 1996, by SANCO OF WILMINGTON SERVICE
CORPORATION, a North Carolina Corporation, herein referred to as
"Devel.ope_ ,
WHEREAS, SANCO OF WILMINGTON SERVICE CORPORATION has
heretofore subjected Lot 5, Section 1, RIVER ISLAND, as shown on a
map recorded in Map Book 34 at Page 381, of the New Hanover County
Registry, to certain Restrictions which are recorded in Book 1882
at Page 0128, of the New Hanover County Registry; and
WHEREAS, the Developer has subsequently caused to be recorded
a plat of Lot 7, RIVER ISLAND, Section 2, as shown on a map
recorded in Map Book 35 at Page 256 of the New Hanover County
Registry; and
WHEREAS, Paragraph 29 of the said Declaration of Restrictions
Uo&9 allows the Developer to amend the said Restrictions, in whole or in
part, at any time prior to December 31, 2005, without the consent
or joinder of any owner of any lot in said subdivision; and
WHEREAS, the Developer desires to amend the said Declaration
of Restrictions recorded in Book 1882, at Page 128, of the New
Hanover County Registry, and to further subject Lot 7, Section 2,
of RIVER ISLAND, to the said Declaration of Restrictions as herein
amended;
NOW THEREFORE, the Developer amends the said Declaration of
Restrictions of RIVER ISI.AND, Section 1, by adding Paragraph 16 (h)
as follows: -
16. (h) In keeping with the intent of the Developer to
create a -historic looking" neighborhood, each lot owner shall
construct, or cause to be constructed, a connection strip, at least
ten feet in width, between each driveway located on each lot and
the street adjacent to the lot, said strip to be constructed of
brick, stone, or similar materials such that an old, historic style
in created. The materials to be used for the construction of such
strip, as well as the dimensions, shape, and construction of the
strip, shall be approved by the Developer prior to the beginning of
construction.
1
ML
40532-1?
BOOK P,,�E
i979 8824
But except as herein amended, the said DECLARATION OF
RESTRICTIONS OF RIVER ISLAND, SECTION 1 and all portions thereof,
are, and the same shall remain, in full force and effect.
AND FURTHERMORE, the Developer hereby declares that i,oL 7,
Section 2, RIVER ISLAND, as shown on that man recorded in Map Book
35 at Pag= �, of the New Hanover County Registry, shall be held,
transferred, sold, and conveyed subject to the Restrictive
Covenants set forth in the said DECLARATION OF RESTRICTIONS OF
RIVER ISLAND, SECTION 1, recorded in Book 1882, at Page 0128, of
the New Hanover County Registry, as amended herein.
IN TESTIMONY WHEREOF, SANCO OF WILMINOTON SERVICE CORPORATION
has caused this instrument to be executed in its corporate name by
its duly authorized officers, and its corporate seal to be hereunto
affixed, by authority of its Board of Directors, the day and year
first above written.
SANCO OF WILJff SERV -CE CORPORATION
By:
......... jr"•., Nathan S. Sanders, reside❑
9-:
=`x:> � .sanders, Secre ary
s a.
o�fy ♦��t�jc '
":,,jbhDitig3'!50
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that
Judia B. Sanders personally came before me this day and
gAt -
Gkknowledged that she is Secretary of SANCO OF WILMINGTON SERVICE
• ION, a North Carolina Corporation, and that by authority
s 0ven and as the act of the Corporation, the foregoing
���• t was signed in its name by its President, sealed with its
' = a seal and attested by her as its Secretary.
-
my hand and notarial stamp /or seal, this 25th day of
'.�'t'O Cix'CU%mm, lion.
M�` ission Expires:
Notary Public
2
STATE OF NORTH CAROLINA
Ner Hanover County
M raQdg/Me®J Cctlfion(s)d
Daniel D. Mahn
•Nou7 W.'W.W PA&b/.re--WW
rob,m
Iw 25th Nrd Jan. 19%
Cbn,YgN fdaad
by o _ �
DePe/AM
BOOKCi PACE
2358 Q853
'98 JUL 13 RM 1108
Rrr roD'� � V�nlfi-D
STATE OF NORTH CAROuwN -=R DF t`r''CCDECLARATION OF RESTRICTIONS
NEW HANOVER COUNTY SECTION 3
RIVER ISLAND
C
WHEREAS, SANCO OF WILMINGTON SERVICE CORPORATION, hereinafter
referred to as Developer, and NATHAN S. SANDERS and wife, =IA B.
SANDERS, hereinafter referred to as Owners, have caused to be
recorded a DECLARATION OF RESTRICTIONS OF RIVER ISLAND, SECTION 1,
Book 1882 at Page 128, of t-.e Few Hanover County Registry; and
WHEREAS, the Developer has recorded a plat of SECTION 3,
RIVER IST ND, in Map Book �g at Pane � of the New Hanover
Count} Registry; and
WHEREAS, the Developer and Owners desire to subject all of
that property of SECTION 3, RIVER ISLAND, recorded in Nap Bock
-�P , at Pace _&J , of the New Hanover County Reaistry, to the
Restrcct_ors recorded in Book 1682, at Page 128, of the New Hanover
County Recistry, as a-.ended in Book 1979, at Page 823, and in Book
2035, at Page 635, c'_ the New Hanover County Registry;
NOW THEREFORE, the Developer and Owners hereby declare that
the real property as shown on that plat of SECTION 3 RIVER ISLAND,
M � L,recorded in Map Box _3 at Page L of the New Hanover County
Registry, shall be held, transferred, sold, and conveyed subject to
the Restrictive Covenants set forth in the said DECLARATION OF
RESTRICTIONS recorded in Book 1882, at Page 128, of the New Hanover
County Registry, as amended in Book 1979, at Page 823, and in Bock
2034, at Page 635, of the New Hanover County Registry.
IN WITNESS WHEREOF, SANCO 00 WILMINGTON SERVICE CORPORATION,
a North Carolina Corporation, has caused this instrument to be
signed in its corporate name by its duly authorized officers and
its sea'_ to be hereunto affixed by authority of 4Ls Board of
D'_rectors, and NATHAN S. SANDERS and wife, dUDIA B. SANDERS, have
hereunto set their hands and seals, the day and year first above
written.
SANCO FW LMIN ON S VICE CO
J"
R RATION
V'T
Q A:JR'•o�;C' By
Na ha1�nde s, PresWent
4 Be rd Se retary
v ;aaa o
y IvC
To
J * DRAWN r ""d MH,J
532083
NOK PAGE
� � � a CiyJ `1 (SEAL)
Nat an S. S/�a r
- SEAL)
is B. Sanders
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary 2ab3 is of said County and State, do :hereby certify that
JUDIA B. SANDERS personally appeared before me this day and
acknowledged that she is Secretary of SANCO OF WIL.MINGTON SERVICE
CORPORATION, a North Carolina Corporation, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was scgned in its name by its President, sealed with its
corporate sea!, and attested by her as its Secretary. Witness my
hard and notarial SLamp or seal, tt ss the day of July, 1998.
My Commission Expires: (`,(y// Q
16/16/2000 \< ;;ary P l.r,c +.". tl1 A
• .w'}d�0 r�s�
•K Tj4�y�7� �_
STATE OF NORTH CAROLINA s bCTgO' •41
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, ce A;bat'
Nathan S. Sanders and Judia B. Sanders acknowledged the due
execution of the foregoing instrument. Witness my hand and official
stamp or seal, this l37't- day of J/yily�9/�
My Commission Expires:
0/16/2000 Notary Public
STATE OF NORTH CAROLINA S¢r60.1-1`B•q,d:.g.:!
New Ha 9,u County T m w<y
19
Nour,(NowiN 1'W4c�/+rt teefiaE n
10�e C>Rlt -4. a�•.0
by
STATE Or Norm CwROLINA JOINDER TO
COUNUORr MIX H&%W DECLARATIQ or RasTaicnaEs
or
2 0 3 4 0 6 3 9 RIVER • SECTION I
and
DECLARATION Or RESTRICTIONS
Or
RIVER ISLUM. SECTION 2
TRIG JOINDER TO DECLARATION Or RESTRICIICND Or RIVER ISLAND,
SECTION I and DECIARATiOf or RESTRICTIONS Or RIVER ISLAND, SECTIat
2, made this the 22nd day of Nay, 1996, by NATHAN s. SANDm and
wife, JNDIA B. SANDERS, herein referred to as 'SANDERS';
111ME10, SAMM Or NIIJI0I0rM SERVICE CORPORATION has
heretofore .subjected certain lots in Section 1 and Section 2, RIVER
ISLAND at Tidewter Plantatlm, as shown on maps recorded in Nap
Book 31 at Page 381, and Map Book 35 at Page 256 of the New Hanover
County Registry, to certain Restrictions which are recorded in Book
1882 at Page 0128, and in Book 1979 at Page 0823, of the New
Hanover County Registry, and which are amwnded in Book ..1u34 at Page
431 of the New Hanover County Registry; and
NHERRaB, SANDERS desires to join in the said Declarations of
Restrictions recorded in Book 1882, at Page 128, and in Book 1979
at Page 0823 of the New Hanover County Registry, as a,.e,.ded in Book
2o3q at Page 4v35' of the New Hanover County Registry, and to
farther subject all of the hereinafter described tract or parcel of
real property to the aforesaid Declaration of Restrictions as
amended;
NON TBBRZFCRE, NATHAN S. SANDERS and wife. JODIA a. SANDERS,
r do he
eby subject all of that tract or parcel of real property
described in Exhibit A. hereto attached and incorporated herein by
reference, to the said Declarations of Restrictions of RIVER ISLAND
recorded in Hook 1882 at Page 128, and in Book 1979 at Page 823, of
the New Hanover County Registry, as amended in Book an34 at Page
(93K_ of the New Hanover County Registry, and declare that all lots
developed from said tract or parcel of real property shall be held,
transferred, sold, and conveyed subject to the said Declarations of
Restrictions as described herein_
IN TESTIMONY WHEREOF, RATHAN S. SANDERS end wife, JDDIA B_
SANDERS, have hereunto set their hands and seals Ahe day and year
first above written-
Af// (SEAL)
Nat S. S /nS re n` -
Lh
rre ua_!7i J a B- Sanders
dZ1913
BOOK PACE RECORDED AND VERIFIED
MARY SUE OOTS
2 0 3 4 0 6 S 1 RECISTER OF DEEPSof
REW RAMDVER CO.MC
'96MY 22 PR 1 56
8'SAT6 Or Woaa CAROL3311L
C00wrr or as >ULMoV>m
I, a Notary Public of the County and State aforesaid, certify that
Nathan S- Sanders and Judia B. Sanders personally appeared before
me this day and acknowledged the due execution of the foregoing
instrument. Witness my hand and offi ' 1 stamp or seal, this 22nd
day of May, 1996.
My Commission Aspires:
10/16/2000 Notary Public
(Notarip3�Seal)
aaA:t�BTA
STATE OF NORM CAIIOLINA
Hmw Csaoy
Yl=. �� "��.` llelspiY�/w�dCnefo�Wd ti
•' T"f4GVE-p s`�,s AAA//t( /J MAsK�
Nsro+aueoer4W av�1
b►`a0iq q
me<�atd MRJ D1fc
r.�swoym!�rneb
2
Re-recorded to ati-ach 'Exhibit .A (ice BOOK pA6E
2475 O10
STATE OF NORTH CAROLINA JOINDER TO
COUN16OOF NEW HA%)ffp DECLARATION OF RESTRICTIONS
�39 OF
2 0 3 4 Q 6 3 RIVER ISLAND, SECTION 1
and
DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 2
THIS JOINDER TO DECLARATION OF RESTRICTIONS OF RIVER ISLAND,
SECTION 1 and DECLARATION OF RESTRICTIONS OF RIVER ISLAND, SECTION
2, made this the 22cd day of May, 1_996, by NATHAN S. SANDERS and
wife, JUDIA B. SANDERS, herein referred to as "SA.'DERS";
WHEREAS, SANCO OF WILMINGTON SERVICE CORPORATION has
heretofore subjected certain lots in Section 1 and Section 2, RIVER
ISLAND at Tidewater Plantation, as shown on macs recorded in Map
Book 34 at Page 381, and Mae Book 35 at Page 256 of the New Hanover
County Registry, o certain Restrictions which are recorded it Book
1882 at Page 0128, and in Book 1979 at Page 0823, of the New
Hanover Courcy 'Registry, and which are amerced in Bcok aO34 at Page
(o31` of the New Eanover County Registry; and
WHEREAS, SANDERS desires to join fn the Said Declarations o-
Restrictions reccrded _n Bock 1882, at ?age 128, and in Book 1979
at ?age 0823 of the New Hanover County Registry, as amended in Book
03,1 at Page (a35;- of the New Hanover County Registry, and to
further subject all of the hereiraf_ter described tract or parcel of
real property to file aforesaid Declarat'_cr. of Restrictions as
amended;
NOW THEREFORE, NATHAN S. SANDERS and wife, JUDIA B. SANDERS,
do hereby subject all of that tract or parcel of real prcperty-
described in Exhibit A, hereto attac3ed and incorporated herein by
reference, to the said Declarations of Restrictions of RIVER ISLAND
recorded '_n Book :682 at Page 125, and in Book 1979 at Page 823, of
the New aanover County Registry, as a-ended in Book aD34 at Page
_ of the New Hanover Coa:_y Registry, and declare that all lots
deve'_oped from said tract or parcel of real property shall be held,
transferred, sold, and conveyed subject to the said Declarations of
Restrictions as described herein..
IN TESTIMONY WHEREOF, NATHAN S. SANDERS and wife, JUDIA B.
SANDERS, ^ave hereunto seE their hands and seals `he day and year
first above written.
I.at an S. Sa. ors
a B. Sasde'_'s
554437
BOOK PAGE
2975 0 10 9
P,ECCRDEC ANC VERIFIED
BOOK PAGE
MARY SUE DOTS
2 0 3 4 0 6 3 ® REGisTER & DEEDS
NEW HANOVER CO. NC
9S flfiY 22 Pi' i 56
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, a Notary Public of the County and State aforesaid, certify that
Nathan S. Sanders and .iudia R. Sanders personally appeared before
me this day and acknowledged the due execution of the foregoing
instrument. Witness -y hand and offic' stamp or seal, this 22cd
day of May, 1996.
My Commission. Expires;
10/16/2000 Notary ?uhlic
(Notaria•L Seal)
$TAT[OF NORTH CAROLINA
New Hanover Coanty
ti= A j!� ,i�1 rp ThC Fomgoing/Tnnexed Ccrtil'.o:Mz)of
Nmmy(Nw.7,,;P.U,is/arc cr.U;ed
,o Cc mun�.
lYs the�da.of /✓t /a S/ 19G�
Mary 5ue 0alsr ltrgis o(Drr
by— 4_
2
Exhibit A BOOK PAGE
SHERWIN D. CRIBB 2 4 7 5 0 1 1 0
N.C.R G'STEgED IAmD SURJEYCQ t I"
245 MARSH HEN DRIVE
WILMINGTON.N.C.28<9 May 22, 1996
9191791-80
Description
for
Nathan Sanders
River Island Subdivision Tract
To arrive at the true point of beginning commence at the
intersection of the center-line of River Road (100 foot
. right-of-way) , also known as S.R. No. 1100, with the center-
line of Watauga Road (50 foot right-of-way) as shown, on a map
of Section 1, Ocean Forest Lake, recorded in Map Book 24 at
Page 44 of the New Hanover County Registry. Go thence North
2 degrees 09 minutes 11 seconds West 50.00 feet along the
center-line of said River Road to a railroad spike. Said
railroad spike being in the dividing line between a tract
described in Book 1255 at Page 1409, Tract 1 of Exhibit A of
the New Hanover County Registry and a tract now or formerly
owned by Corbett. Said railroad spike also being in the
northerly line of a tract described in Book 1556 at Page 1790
of said Registry. . Go thence South 88 degrees 45 minutes 20
seconds nest 50.01 feet with said dividing line to the TRUE,
POINT OF BEGINNING. Running thence frog; said beginning
point:
1. South 2 degrees 09 minutes 11 seconds East 1090.70 feet
with the westerly right-of-way line of said River Road
to a point in the dividing line between said tract
described in Book 1255 at Page 1409, said tract
described in Book 1556 at Page 1790 and a tract now or
formerly owned by J.H. Burnett; thence
2. South 89 degrees 54 minutes 21. seconds west 822.08 feet
with last said dividing line to an old srcne; thence
3. continuing South 89 degrees 54 minutes 21 seconds West 8
feet, more or less, to a point in the high water line of
the Cape Fear River; thence
4. in a northerly direction with the high water line of the
Cape Fear River to a point that is North 23 degrees 54
minutes 00 seconds West 1163.08 feet from said old
stone. Last said point being in the northerly line of
said tract described in Book 1255 at Page 1409, said
tract described in Book 1556 at Page 1790 and said
Corbett tract; thence
5. North 88 degrees 45 minutes 20 seconds East 1252.94 feet
with last said dividing line to the point of ,beginning.
The above described tract contains 25.73 acres. The
came being a portion of said tract deeded to Nathan S_
Sanders by deed recorded in Book 1255 at Page 1790 of the New
Hanover County Registry.
2475 Gill
EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S) MADE IN AN
INSTRUMENT AS ORIGINALLY RECORDED
RE: BOOK 2034 '98 NOU 24 PM 49
PAGE 0637
RECORDED T_`7 THE. NEW HANOVER COUNTY AE' `IrfSll,-(O' S µ�
REC,ST,R OF DHD5
r:cro7.a M ul
NAMES OF ALL FAR-.ES TO -..3 ORIGINAL 1NS=R J:dnivT:
GRANTOR/DECLARANT: NATHAN S. SANDERS AND WIFE, JUDIA B. SANDERS
STATE OF NORTH CAROLINA
COUNTY OF 14EW -ANOVER
1, the undersigned, hereby certify that the -ollow.ir.c corrections
are -ado in the above named recorded instrument in accordance wdth
the provisions of G.S. 47-36.1 ratified June 30, 1986.
DESCRIPTION OF CORRECTION(S) : This Joinder is being re-recorded to
add 'Exhibit A inadvertently not recorder with the orig'_na:
document.
This the 24th cay of Po-,ember, 1998.
(SEAL)
)a:�iel U. Mann, Original Dra'ts-an
This explanation atement, together with the attached instrument
was duly re-recorded a- l—Lrj- o'cicck PK, this the 24th day of
November, 1998, in the Book and Page shown on the firs[ pace
herecf.
Mary Sue Oats By: i.�•�.-� .Ly�
Register of Deeds Deputy :,.�.-f a t =egister of Deeds
STATE OF NORTH CAROLINA AMENDMENT TO
COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 1
and
DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 2
THIS AMENDMENT TO DECLARATION OF RESTRICTIONS OF RIVER ISLAND,
SECTION 1 and DECLARATION OF RESTRICTIONS OF RIVER ISLAND, SECTION
2 , made this the 22nd day of May, 1996 , by SANCO OF WILMINGTON
SERVICE CORPORATION, a North Carolina Corporation, herein referred
to as "Developer" ;
WHEREAS, SANCO OF WILMINGTON SERVICE CORPORATION has
heretofore subjected certain lots in Section 1 and Section 2 , RIVER
ISLAND at Tidewater Plantation, as shown on maps recorded in Map
Book 34 at Page 381, and Map Book 35 at Page 256 of the New Hanover
County Registry, to certain Restrictions which are recorded in Book
1882 at Page 0128 , and in Book 1979 at Page 0823 of the New Hanover
County Registry; and
WHEREAS, Paragraph 29 of the said Declaration of Restrictions
allows the Developer to amend the said Restrictions, in whole or in
part, at any time prior to December 31, 2005, without the consent
or joinder of any owner of any lot in said subdivision; and
WHEREAS, the Developer desires to amend the said Declarations
of Restrictions as recorded in Book 1979 at Page 0823 and in Book
1882 , at Page 128 , of the New Hanover County Registry, by deleting
Paragraph 29 set forth in the said Declarations and substituting a
new Paragraph 29 as hereinafter set out .
NOW THEREFORE, the Developer amends the aforesaid Declarations
of Restrictions of RIVER ISLAND, Section 1 and Section 2, as
follows by deleting Paragraph 29 set forth therein and substituting
the following Paragraph 29 :
29 . DEVELOPER'S RIGHT TO AMEND: Developer shall have the
right, at any time prior to December 31, 2005, to amend these
Restrictions, with the consent or joinder of a majority of the
owners of lots in said subdivision, so long as such amendments do
not impair the property values of the other lots in RIVER ISLAND.
However, Developer retains the right to make minor changes in lot
lines and setback requirements to accommodate appropriate
construction consistent with the restrictions set forth herein.
1
But except as herein amended and previously amended, the
aforesaid DECLARATIONS OF RESTRICTIONS OF RIVER ISLAND, SECTION 1
and SECTION 2 and all portions thereof, are, and the same shall
remain, in full force and effect .
IN TESTIMONY WHEREOF, SANCO OF WILMINGTON SERVICE CORPORATION
has caused this instrument to be executed in its corporate name by
its duly authorized officers, and its corporate seal to be hereunto
affixed, by authority of its Board of Directors, the day and year
first above written.
SANCO OF WI INGT SE ,, ICE�ICORPO ON
ATTEST: By: `�^
Nat an S . SaildersY Presiden)l
J is B. Sanders, Secr ary
0
M
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I , a Notary Public of the County and State aforesaid, certify that
Judia B. Sanders personally came before me this day and
acknowledged that she is Secretary of SANCO OF WILMINGTON SERVICE
CORPORATION, a North Carolina Corporation, and that by authority
duly given and as the act of the Corporation, the foregoing
instrument was signed in its name by its President, sealed with its
corporate seal and attested by her as its Secretary.
Witness my hand and notarial s p o seal, this 22nd day of May,
1996 .
My mmission Ex fires :
3 ary Public
2 NOT'
a
9s Ss
10 2
STATE OF NORTH CAROLINA JOINDER TO
COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 1
and
DECLARATION OF RESTRICTIONS
OF
RIVER ISLAND, SECTION 2
THIS JOINDER TO DECLARATION OF RESTRICTIONS OF RIVER ISLAND,
SECTION 1 and DECLARATION OF RESTRICTIONS OF RIVER ISLAND, SECTION
2, made this the 22nd day of May, 1996, by NATHAN S. SANDERS and
wife, JUDIA B. SANDERS, herein referred to as "SANDERS" ;
WHEREAS, SANCO OF WILMINGTON SERVICE CORPORATION has
heretofore subjected certain lots in Section 1 and Section 2, RIVER
ISLAND at Tidewater Plantation, as shown on maps recorded in Map
Book 34 at Page 381, and Map Book 35 at Page 256 of the New Hanover
County Registry, to certain Restrictions which are recorded in Book
1882 at Page 0128, and in Book 1979 at Page 0823 , of the New
Hanover County Registry, and which are amended in Book at Page
of the New Hanover County Registry; and
WHEREAS, SANDERS desires to join in the said Declarations of
Restrictions recorded in Book 1882 , at Page 128 , and in Book 1979
at Page 0823 of the New Hanover County Registry, as amended in Book
at Page of the New Hanover County Registry, and to
further subject all of the hereinafter described tract or parcel of
real property to the aforesaid Declaration of Restrictions as
amended;
NOW THEREFORE, NATHAN S . SANDERS and wife, JUDIA B. SANDERS,
do hereby subject all of that tract or parcel of real property
described in Exhibit A, hereto attached and incorporated herein by
reference, to the said Declarations of Restrictions of RIVER ISLAND
recorded in Book 1882 at Page 128, and in Book 1979 at Page 823 , of
the New Hanover County Registry, as amended in Book at Page
of the New Hanover County Registry, and declare that all lots
developed from said tract or parcel of real property shall be held,
transferred, sold, and conveyed subject to the said Declarations of
Restrictions as described herein.
IN TESTIMONY WHEREOF, NATHAN S . SANDERS and wife, JUDIA B.
SANDERS, have hereunto set their hands and seals he day and year
first above written.
(SEAL)
Nat an SY Sa erss//���� ///// II SEAL)
Juffia B . Sanders
i I
1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that
Nathan S . Sanders and Judia B . Sanders personally appeared before
me this day and acknowledged the due execution of the foregoing
instrument . Witness my hand and official stamp or seal, this 22nd
day of May, 1996 .
My Commission Expires :
10/16/2000 Notary Public
(Notarial Seal)
2
STATE OF NORTH CAROLINA
DECLARATION OF RESTRICTIONS
RIVER ISLAND
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, SANCO OF WILMINGTON, INC. ( hereinafter
referred to as "SANCO" ) , are the owners of all of the interest and
equity in that certain tract of land known as RIVER ISLAND, and it is
the desire of the undersigned, to ensure the use of said property for
attractive residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of the
community, and thereby to secure to each lot owner the full benefit
and enjoyment of his home with no greater restriction upon the free
and undisturbed use of his lot than is necessary to ensure the same
advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant , agree and
declare to and with all persons, firms, or corporations owning or
hereafter acquiring any property in RIVER ISLAND, that all of the lots
in said subdivision as shown upon a map recorded in Map Book at
Pages , of the New Hanover County Registry, are hereby made
subject to the following restrictions as to the use thereof, running
with the land by whomsoever owned, to-wit :
FIRST. RESIDENTIAL USE ONLY : All lots in said Subdivision shall
be known as single-family residential lots, and shall be used for
residential purposes only.
SECOND. SIZE OF STRUCTURES: No single-family dwelling containing
less than 2 , 000 square feet of heated floor space will be allowed on
any lot in the Subdivision. No two-story dwelling containing less
than 2 , 400 square feet of heated floor space will be allowed on any
lot in the Subdivision. No three-story dwelling containing less than
3 ,000 square feet of heated floor space will be allowed on any lot in
the Subdivision.
A detached or attached garage for not less than two ( 2 ) cars must
be constructed on each lot in the Subdivision at the time of
construction of the primary dwelling located thereon.
In cases where the square footage area computed as provided herein
is not more than ten percent ( 10% ) below the minimum requirements
established herein, SANCO or its designated agents may, in its sole
discretion approve the construction of the dwelling if it is in
conformity with the general development of the Subdivision.
Driveways on each lot shall be constructed of black or dark gray
concrete, brick , asphalt, exposed aggregate or other material approved
by SANCO.
THIRD. DETACHED STRUCTURES: All detached structures, including
pump houses, constructed on any lot in the Subdivision shall conform
to the design and material specifications and colors approved for the
dwelling constructed thereon.
No individual pier construction shall be allowed on any of the
individual private lots.
FOURTH. EXTERIOR COMPOSITION: No concrete block , concrete brick ,
asbestos siding, aluminum siding, cinder block nor tar paper
composition shall be used for the exterior of any dwelling constructed
on any lot located in the Subdivision, it being intended that only
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conventional frame, brick , clay brick , stucco, or vinyl exteriors be
constructed on the lots subject to these covenants.
FIFTH. SETBACKS AND SIDELINES: Dwellings must be located within
the building envelope shown on the attached map.
SIXTH. USES PROHIBITED: No lot located within the Subdivision
shall ever be used for business, manufacturing, commercial or
professional purposes, it being intended that all lots are restricted
to residential use only.
SEVENTH. TEMPORARY STRUCTURES: No house, trailer , mobile home,
tent, shack , garage, or temporary structure of any nature, shall be
located on any lot or used at any time as a dwelling, temporarily or
permanently, nor shall any structure of a temporary character be used
as a residence.
EIGHTH. FENCING: SANCO reserves the right, in its sole
discretion, to approve all fencing plans for any lot in the
Subdivision. Any owner of any lot who desires to erect a fence
thereon must first submit a perimeter plan for said fencing, along
with the specifications on materials and design to SANCO and obtain
SANCO' s approval prior to the beginning of construction of said fence .
NINTH. CLOTHES LINES: The outdoor drying of clothes and the
erection of outdoor clothes lines or similar devices in the
Subdivision shall be subject to the approval of SANCO, and then only
when thoroughly screened from view.
TENTH. YARD SALES: No yard sales or garage sales shall be
permitted upon any lot in the Subdivision.
- ELEVENTH. SIGNS: No advertising signs or billboards shall be
erected on any lot or displayed to the public on any lot , except that
one sign per lot, not to exceed five ( 5 ) square feet in area, may be
used to advertise a completed dwelling for sale. No "For Sale" signs
are allowed on any unimproved lot . This covenant shall not apply to
signs erected by the Owner of the lot ( individual or Developer/SANCO)
used to identify and advertise the Subdivision as a whole, by the
general contractor/builder of the residence doing the construction, or
by a bank or mortgage bank advertising that it has provided the
financing for said construction, provided that such financing
advertising is included on and made a part of the general
contractor ' s/builder ' s sign.
TWELFTH. FUEL TANKS, STORAGE RECEPTACLES, ETC. : No fuel tanks or
similar storage receptacles located on any lot may be exposed to
public view. Any such receptacles must be installed only within the
main dwelling house, within an accessory building, within a screened
area, or buried underground.
THIRTEENTH. SATELLITE DISHES, ETC. : Possession and placement of
television antennas, or television or radio satellite dishes on any
lot in the Subdivision shall require the express written approval of
SANCO. Thorough and effective screening for the same shall be one of
the essential conditions for the granting of such approval by SANCO.
FOURTEENTH. ANIMALS, NUISANCES, ETC. :
( a) No noxious or offensive activity shall be carried on or
maintained on any lot or part of any lot , nor shall any use be made of
any portion of said property which may be or may become an annoyance
or nuisance to the neighborhood.
( b) No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot in the Subdivision, except that dogs,
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cats or other household pets may be kept for the purpose of providing
companionship for the private family. Barking dogs shall be
restrained by their owners to the satisfaction of the surrounding
residents. Animals are not to be raised, bred or kept for commercial
purposes or for food. It is the purpose of these provisions to
restrict the use of any lot so that no person shall quarter on said
lot cows, horses, bees, hogs, sheep, goats, guinea fowls, chicks,
geese, rabbits, chickens, turkeys, skunks, snakes, or any other
animals that may interfere with the quietude, health or safety of the
community. No more than four ( 4 ) household pets will be permitted on
any lot . Pets must be restrained or confined on the homeowner ' s back
lot inside a fenced area or within the house. It is the pet owner ' s
responsibility to keep the lot clean and free of pet debris . All
animals must be properly tagged for identification, and further , must
be kept on a leash when not confined within the fenced area.
( c) Unsightly or inoperative junk cars, equipment, materials
and like exposures cannot be maintained on the property either prior
to or after the residence has been erected on any lot . Further ,
automobile maintenance and repair should occur inside the garage, and
at no time shall automobiles be allowed to be placed on jacks or
blocks, in the view of neighboring residents, even for a brief time
period.
FIFTEENTH. CONSTRUCTION APPROVALS:
( a) It is the intent of the Developer that all home
construction should be in and consistent with the " low country" style.
All building plans for any structure to be constructed in the
Subdivision shall be approved by the Developer prior to the beginning
of construction. Front, rear and side elevations, together with
specifications on the exterior siding, windows, doors, roofing and
exterior colors, ( together with actual color samples to be submitted
simultaneously with the specifications referenced herein) , as well as
complete interior floor plans, must first be submitted to Developer
for review and approval prior to the beginning of construction, to
include sitework .
( b) Landscaping shall be approved by the Developer
simultaneously with the building plans. Plans submitted for approval
shall include a site plan with lot lines, building outlines, driveways
and parking areas. Identification of trees to be removed (with a
caliper of 3" or more is required. Landscaping plans shall include
sufficient cover to screen air condition compressors, trash receptacle
areas, and shall provide visual breaks to the building foundation.
Each lot shall include significant areas of sodded lawns, and all
landscaping shall be maintained and watered by underground irrigation
sprinkler systems . Landscaping plans shall specifically encompass the
entire lot with regular proper mowing and maintenance from the
foundation of the residence to the edge of the lot line or to the edge
of the pavement of the private right of way. Further , removal of any
existing vegetation shall require the express written approval by the
Developer . It is the intent of the Developer herein, to extensively
retain as much of the natural existing vegetation, as well as the
natural existing placement of the same in order to preserve and
enhance the natural aesthetics of the island development as fully as
possible.
( c) All trash and debris shall be cleaned from the site within
fifteen ( 15 ) days after completion of the main structure on any lot .
During construction, trash and debris shall be removed from the site
daily to prevent unsightly accumulations and the resulting spread
thereof to adjacent property. Dumpsters or fenced areas shall be
required for the placing of loose trash and debris. Dumpsters shall
not be placed within any street right of way. Upon a lot owner ' s
failure to collect and dispose of such trash and debris within fifteen
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r
( 15 ) days after receipt of written notice from the Developer ,
Developer may collect and dispose of same at the lot owners expense.
( d) All property improvements on any lot must be completed
within six ( 6 ) months after the beginning of construction.
(e) Developer may appoint a committee to assist it in the
review of plans and specifications hereunder . After all lots in the
Subdivision have been sold and closed, all of Developer ' s
responsibilities for such approvals will be turned over to a committee
appointed for such purpose by RIVER ISLAND OWNERS ASSOCIATION .
( f) No structure, planting or other material may be placed in
such a manner or location as to impede the installation and
maintenance of utilities and drainage facilities, unless the location
and manner of use thereof has been first approved in writing by the
Developer .
SIXTEENTH. PARKING PROHIBITED: No boats, trucks, cars, trailers ,
campers, motorcycles, travel trailers, or other type of recreational
vehicle may be parked or stored on any of the common areas or the
street rights of way in the Subdivision. All vehicles referenced
herein shall be parked in the rear of each individual lot and screened
from neighboring views by a minimum of six foot of significant
screening material ( e.g. treated wood fencing or natural vegetation,
or both ) , except that each individual lot owner may have a total of
two cars, minivans or pickup trucks parking in the subject driveway
for each individual lot.
SEVENTEENTH. EASEMENTS AND MAINTENANCE:
( a) Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the plat of
RIVER ISLAND. Easements are also reserved for the installation,
operation, maintenance and ownership of utility service lines from the
property lines to the residences. SANCO reserves the right to make
changes in and additions to the above easements for the purpose of
most efficiently and economically installing improvements. By
acceptance of a deed to any lot, the owner thereof covenants and
agrees to mow weeds and grass and to keep and maintain in a neat and
clean condition any easement which may traverse a portion of the lot,
and in the event that the Buyer or Purchaser of any lot within the
said subdivision breaches this restriction, SANCO reserves the right
to enter upon said lot and mow the grass, clean up the 'lot and remove
unsightly structures and objects, at the owner ' s expense.
All maintenance required hereunder shall also include that
area from the lot line to paved streets and any easements that
traverse any portion of the lot .
(b) The general grading, slope and drainage plan of a lot may
not be altered without the express written approval of New Hanover
County authorities, and SANCO, and other appropriate agencies having
authority to grant such approval .
( c) Each lot owner shall maintain the exterior of all
buildings, fences, walls and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts, and
shall regularly repaint all painted surfaces and shall not permit the
roofs, rain gutters, downspouts, exterior walls, windows, doors,
walks, driveways, parking areas or other exterior portions of the
improvements to deteriorate in an unattractive manner . The
maintenance referenced herein shall be supervised and regulated by the
Homeowners Association. In the event that the lot owner shall fail to
comply, the Homeowners Association is expressly hereby authorized, and
the lot owner hereby expressly agrees, that said maintenance and/or
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repair may be effected by the said Homeowners Association with the
expenses incurred for the same to be assessed against the individual
lot owner as a special assessment and subject to the regulations
regarding liens and assessments as set forth herein in Paragraph
Twenty Second.
EIGHTEENTH. STORMWATER RUNOFF REGULATIONS: Restriction of built
upon areas:
A. Built upon area, defined: Built upon area shall mean that
portion of each lot that is covered by impervious or partially
impervious cover , including building, pavement , recreational
facilities, etc. , but not including decking. The built upon area for
each lot shall not exceed 6 , 350 square feet , unless and until , the
State of North Carolina shall revise its stormwater runoff regulations
to permit a greater built upon area for each lot .
B. Built upon area, restricted: No more than 6 , 350 square
feet of any lot in Section 1 of River Island Subdivision shall be
covered by structures and/or paved surfaces , including walkways,
driveways or patios of brick , stone, slate or similar materials, all
of which constitute effective impervious cover which is controlled by
North Carolina Coastal Stormwater Regulations . SANCO of Wilmington
Corporation reserves the absolute right to re-calculate the maximum
allowable built upon area for each lot in Section 1 if required by
North Carolina Coastal Stormwater Regulations . This covenant is
intended to insure continued compliance with stormwater runoff rules
adopted by the State of North Carolina, and therefore compliance may
be enforced by the State of North Carolina.
NINETEENTH. UTILITY EASEMENTS RESERVED: SANCO reserves the right
to subject the real property in this Subdivision to a contract with
Carolina Power and Light Company for the installation of underground
electric cables and/or the installation of street lighting, either or
both of which may require an initial payment and/or continuing monthly
payment to Carolina Power and Light Company by the owner of each
residence.
TWENTIETH. POST AND PAPER BOXES: Each lot in the Subdivision
shall have only one ( 1 ) mailbox and one ( 1 ) paper box to be mounted on
a single post, and all such boxes shall be as approved by SANCO. Such
mailboxes or paper boxes may be provided by the builder . Any boxes
provided by the builder or Developer shall be considered an
improvement and must remain with the lot.
TWENTY FIRST. WATER AND SEWER:
( a) All water to be used in said subdivision for domestic
purposes shall be obtained from the Community Water System, unless
other sources are approved by the City-County Board of Health and the
owner of the Community Water System, or their successors. Lot owners
may, however , drill shallow wells for irrigation purposes and for non
domestic usage. An eight (8 ) foot radius from each water meter shall
be an easement for maintenance and repair of such meter .
Additionally, the front ten ( 10 ) feet of each lot is hereby reserved
for utility easements .
The Developer hereby grants an easement to the community
water company along all streets and roads in the subdivision for the
purpose of installing, maintaining, repairing and replacing water
lines .
The Developer hereby expressly retains the right to
provide for the water needs of each individual lot to be supplied by
the drilling of individual wells by the individual lot owners, as an
individual alternative or a collective alternative to the community
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G
water system described herein.
( b) Sewage disposal systems shall be only into the New Hanover
County sewage collection system, or private sewage collection system
for the Subdivision, or through individual septic tanks.
TWENTY SECOND. BOAT SLIPS: Each lot set forth on the Subdivision
plat recorded in Map Book , at Page shall include and be
assigned, two non-serverable boat slips in the marina dock area in the
RIVER ISLAND Subdivision. No contract or property interest concerning
one or more of the said boat slips shall ever be conveyed, sold,
transferred, leased, mortgaged, or otherwise encumbered individually
and apart from the said lot associated with the subject boat slip( s ) .
The said boat slip shall be exclusively for the owners/residents of
the primary residence of the subject lot . Guests shall not be
permitted to use, enjoy, or occupy the said boat slips for more than
any seven ( 7 ) days in a given thirty ( 30 ) consecutive day period. Any
exceptions to the guest time period set forth herein shall require the
express written consent of the homeowners association with an
individual , case by case, review and consideration.
TWENTY THIRD. OWNERS ASSOCIATION: To provide for the
maintenance, repair , upkeep and replacement of the private streets,
street signs, pool, club house, pier , dock , walkways, gazebo and other
amenities, and common areas, SANCO has formed RIVER ISLAND OWNERS
ASSOCIATION , a non-profit corporation organized pursuant to Chapter
55A of the General Statutes of North Carolina. The Association shall
be responsible for providing any necessary liability insurance. The
Articles of Incorporation for said corporation are recorded in Book
, at Page of the New Hanover County Registry. The
By-Laws for said corporation are attached hereto as Exhibit "A" , and
are incorporated herein by reference.
Every owner of a fee simple title to a lot within the development
shall be deemed to own, possess and have accepted:
( a) The membership( s) in the RIVER ISLAND OWNERS ASSOCIATION
appurtenant to his lot( s ) ;
( b) An undivided equal interest with all other owners, for
each membership in the Association owned, in the Association and all
of its assets;
( c) An easement of enjoyment, equal to that of all other
owners, in and to the common areas and amenities, subject to the right
of the Association to dedicate or transfer all or any part of the
common areas and amenities, for such purposes and subject to such
conditions as the Association may determine, acting by and pursuant to
the provisions of its duly enacted By-Laws .
( d) The duty of complying with and abiding by all of the
provisions of these Articles, the By-Laws of the Associations and the
Rules and Regulations of the Associations, including the payment of
dues and assessments as provided elsewhere herein.
TWENTY FOURTH. LIENS AND ASSESSMENTS: The Association has
heretofore been given the authority to administer the operation and
management of the common areas and the amenities, of the property, it
being recognized that the delegation of such duties to one entity is
in the best interests of the owners of all lots subject hereto to
properly administer the operation and management of the common areas
and amenities, the Association will incur , for the mutual benefit of
all the owners of such lots, costs and expenses sometimes herein
referred to as "common expenses" . To provide the funds necessary for
such proper operation, management and capital improvement , the
Association has heretofore been granted the right to make, levy and
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collect assessments against the members of the Association and their
lots. In furtherance of this grant of authority to the Association to
make, levy and collect assessments to pay the costs and expenses for
the operation of, the management of, and for capital improvements to
the common areas, which for the purposes of these By-Laws shall be
deemed to include, but not be limited to, the common areas and
amenities, and all other improvements, the following shall be
operative and binding upon the owners of all lots:
( 1 ) The owner of any lot subject hereto, with the
exception of the Developer , SANCO, by acceptance of a Deed therefor ,
whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association:
( i ) annual assessments or charges; and
( ii ) special assessments for capital improvements or
special assessments as established by the Board of Directors of the
Association, such assessments to be established and collected as
hereinafter provided.
The annual and special assessments, together with the
interest, costs, and reasonable attorney' s fees, if any, shall be a
charge on the lots and shall be a continual lien upon each lot against
which they are levied. Each such assessment, together with interest,
costs and reasonable attorney' s fees, shall also be the personal
obligation of the person or entity who is the owner of such lot at the
time when the assessment falls due. The personal obligation for
delinquent assessments shall not pass to any successor in title unless
expressly assumed by him.
( iii ) the Developer shall only be required to pay only
twenty five percent ( 25% ) of the regular annual assessments on any lot
owned by it prior to its sale. For example, if regular assessments on
a lot are $100 . 00 per year , Developer shall only be required to pay an
assessment of $25 . 00 per year per lot owned by it at the beginning of
the assessment period.
( 2 ) The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare
of the residents of the property in particular for the maintenance,
repair and replacement of all common areas ( including but not limited
to common bridge, common pier, or both) , amenities and streets.
( 3 ) The annual assessments for each calendar year shall be
established by the Board of Directors, and may be increased by the
Board of Directors for any calendar year without approval by the
membership by an amount not to exceed ten percent ( 10% ) of the maximum
annual assessment of the previous year . The maximum annual assessment
for any calendar year may be increased without limit by a vote of
two-thirds ( 2/3 ) of the members who are voting in person or by proxy
at a meeting called for this purpose.
( 4 ) In addition to the annual assessments authorized
above, the Association may levy, in any calendar year , a special
assessment for the purpose of defraying in whole or in part, the costs
of any construction, reconstruction, repair or replacement of a
capital improvement to the common areas ( including but not limited to
common bridge, common pier , or both) , amenities and streets, provided
that any such assessment shall have the assent of two-thirds ( 2/3 ) of
the vote of the members who are voting in person or by proxy at a
meeting duly called for this purpose. All special assessments shall
be fixed to the uniform rate for all lots and may be collected on a
monthly basis.
( 5 ) Written notice of any meeting called for the purpose
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of taking any action authorized under ( 4 ) shall be sent to all members
not less than ten ( 10 ) days nor more than sixty ( 60 ) days in advance
of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast sixty percent ( 60% ) of all
votes of the membership shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent
meeting shall be one-half ( 1/2 ) of the required quorum of the
preceding meeting . No such subsequent meeting shall be held more than
sixty ( 60 ) days following the preceding meeting.
( 6 ) The annual assessments provided for herein shall be
collected on a yearly basis and shall commence as to all lots within a
particular subdivision on the first day of the month following
recordation of the Declaration of Restrictions for said subdivision.
The first annual assessment shall be adjusted according to the number
of months remaining in the calendar year .
( 7 ) Any assessment not paid within thirty ( 30 ) days after
the due date shall bear interest at the rate of fourteen percent ( 14%)
per annum from the date due until paid. The Association may bring an
action at law against the owner personally obligated to pay the same
or foreclose on the lien against the lot and interest , costs, and
reasonable attorney 's fees of such action or foreclosure shall be
added to the amount of such assessment .
( 8 ) The lien herein granted unto the Association shall be
enforceable from and after the time of recording a claim of lien in
the public records of New Hanover County, North Carolina, which claim
shall state the description of the lot encumbered thereby, the name of
the record owner , the amount due and the date when due. The claim of
lien shall be recordable any time after default and the lien shall
continue in effect until all sums secured by said lien as herein
provided shall have been fully paid. Such claims of lien shall
include only assessments which are due and payable when the claim of
lien is recorded, plus interest , costs, attorney' s fees, advances to
pay taxes and prior encumbrances and interest thereon, all as above
provided. Such claims of lien shall be signed and verified by an
officer or agent of the Association. Upon full payment of all sums
secured by such claim of lien, the same shall be satisfied of record.
The lien provided for herein shall be subordinated to the lien of any
first mortgage or Deed of Trust and any person, firm, corporation or
other entity acquiring title to any lot by virtue of any foreclosure,
deed in lieu of foreclosure or judicial sale, shall be liable and
obligated only for assessments as shall accrue and become due and
payable subsequent to the date of acquisition of such title, and it
shall not be liable for the payment of any assessments which were in
default and delinquent at the time it acquired such title. In the
event of the acquisition of title to a lot by foreclosure, deed in
lieu of foreclosure or judicial sale, any assessment or assessments as
to which the party so acquiring title shall not be liable shall be
absorbed and paid by all owners of all lots as part of the common
expenses, although nothing herein contained shall be construed as
releasing the party liable for such delinquent assessment from the
payment thereof or the enforcement of collection of such payment by
means other than foreclosure.
( 9 ) Upon the sale of seventy-five percent ( 75%) of the
lots in RIVER ISLAND, SANCO may turn over control of the Owners
Association to the Board of Directors to be elected by the membership
in accordance with the By-Laws of the Association. Until such time,
however , SANCO shall elect the Board of Directors of the Association.
TWENTY-FIFTH. INVALIDATION : Invalidation of any one of these
covenants by judgments or court order shall in no way affect any of
the other covenants herein, which shall remain in full force and
-8-
effect .
TWENTY-SIXTH. VIOLATION: If the parties hereto, or any of them,
or their heirs and assigns shall violate or attempt to violate any of
the covenants herein, it shall be lawful for any person or persons,
owning any real property situated in said RIVER ISLAND to prosecute
any proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenants, and either to
prevent him or them from doing or to recover damages or other dues for
such violation.
TWENTY-SEVENTH. VALIDITY : All covenants, restrictions and
affirmative obligations set forth in these Restrictions shall run with
the land and shall be binding on all parties and persons claiming
under them to specifically include, but not be limited to the
successors and assigns, if any, of SANCO, for a period of twenty ( 20 )
years from the date hereof after which time all said covenants shall
be automatically extended for successive periods of ten ( 10 ) years
unless an instrument signed by the owners of a majority of the lots
( not including mortgagees or trustees under deeds of trust )
substantially affected by such changes in covenants, has been
recorded, agreeing to change said covenants in whole or in part.
TWENTY-EIGHTH. DEVELOPER ' S RIGHT TO AMEND: Developer shall have
the right, at any time prior to December 31 , 1995 , to amend these
Restrictions, in whole or in part, without the consent or joinder of
any owner of any lot in said subdivision.
IN TESTIMONY WHEREOF, SANCO OF WILMINGTON, INC. , has hereunto set
its hand and seal this day of ,
1990 .
SANCO OF WILMINGTON, INC.
BY : ( SEAL )
PRESIDENT
ATTEST:
( SEAL)
SECRETARY
(AFFIX CORPORATE SEAL)
-9-
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I , , a Notary Public of said County
and State, do hereby certify that
personally appeared before me this day and acknowledged that _he is
the Secretary of SANCO OF WILMINGTON, INC. , a North Carolina
Corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President , sealed with its corporate seal, and attested by self
as its Secretary.
Witness my hand and notarial stamp or seal , this the
day of , 1990 .
Notary Public
My Commission Expires:
(AFFIX NOTARIAL SEAL)
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BOOK PAGE
a ,.. ADM =I, D'q�-
8 8 2 0 1. 4 2 /�c nA7 OFL4: —
AT L • l�P M
EXHIBIT "B" MhiiY SUE DOTS
NEGISTO? OF DEEDS
BY-LAWS NEW HANOVER COUiM
OF
RIVER ISLAND OWNERS ASSOCIATION, INC.
QOW5
ARTICLE I
General Provisions
SECTION 1 . - IDENTITY: These are the By-Laws of RIVER ISLAND
OWNERS ASSOCIATION, INC. , a nonprofit corporation organized
pursuant to the laws of the State of North Carolina; the Articles
of Incorporation for which have been recorded in Book , at
Page , in the Office of the Register of Deeds of New Hanover
County, North Carolina.
SECTION 2 . - INCORPORATION: The provisions of these By-Laws
supplement and are enacted pursuant to the provisions of the above
referenced Articles of Incorporation and are applicable to the
record owners of lots located upon or within all Phases of that
certain development of real property known as RIVER ISLAND, as
shown upon the maps of each phase to be recorded in the New Hanover
County Registry.
SECTION 3 . - APPLICATION: These By-laws shall, in conjunction
with the above referenced Articles of Incorporation, govern the
affairs, rights, privileges, duties and obligations of the
Association, all owners, the Developer, all mortgagees,
beneficiaries under Deeds of Trust, Lessees and occupants of all
lots subject hereto, their employees and all others who may use or
enjoy any of the property subjected hereto, and the acceptance of
a Deed for or conveyance of, or the succeeding to title to, or the
entering into a lease for, or the actual occupancy of, or use of a
lot, the ' common areas, street, and amenities, or any of the
improvements thereon by any of the above shall constitute an
acceptance by the same of the provisions of these By-Laws, the
Rules and Regulations enacted pursuant hereto and the provisions of
the herein above referenced Articles, and an agreement to comply
with and abide by the same.
SECTION 4. - PRINCIPAL OFFICE: The principal office of the
Association and of the Board of Directors shall be located at 110
Hinton Avenue, Wilmington, North Carolina 28403 .
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BOOK PACE
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ARTICLE II
Membership
SECTION 1 . - IDENTIFICATION: The Association shall have two
classes of voting memberships:
Class A. Class A members shall be those Owners, with
exception of the Developer until its Class B membership has
converted to Class A membership, who own lots within RIVER ISLAND
SUBDIVISION. Each Class A member shall be entitled to one vote for
each such lot so owned.
Class B. The Class B member shall be the Developer, and it
shall be entitled to three ( 3 ) votes for each lot owned by it. The
Class B membership shall cease and be converted to Class A
membership upon the happening of either of the following events,
whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership
equals the total votes outstanding in the Class B membership, or
(b) on December 31, 2005 .
SECTION 2 . - RECORDS : The Secretary of the Association shall
maintain at the principal office of the Association a register of
all the current owners of memberships in the Association and the
mailing address of each owner and of all mortgagees or
beneficiaries under Deeds of Trust of all such lots.
SECTION 3 . - VOTING RIGHTS : If a membership is owned by one
( 1 ) person his right to vote shall be established by the record
title to his lot. If a membership is owned by more than one ( 1 )
person, or is under lease, the person entitled to cast the vote for
such membership shall be designated by a certificate signed by all
of the record owners of such membership and filed with the
Secretary of the Association. If a membership is owned by a
corporation, the person entitled to cast the vote for that
membership shall be designated by a certificate signed by the
President or Vice President and attested by the Secretary or the
Assistant Secretary of such corporation and filed with the
Secretary of the Association. If a membership is owned by a
partnership, whether general or limited, or a joint venture, the
certificate designating the voting member shall be signed by all
partners or joint venturers, as the case may be. Such certificates
shall be valid until revoked or superseded by a subsequent
certificate or until a change occurs in the .ownership of the
membership concerned. A certificate designating the person entitled
to cast the vote of a membership may be revoked by any owner of
2
V YY�•
1 .88 .2 0144
such membership. If such a certificate is not on file, the vote of
such membership shall not be considered in determining the
requirements for a quorum nor for any other purpose under these By-
Laws.
SECTION 4. - MORTGAGEES AND TRUSTEES UNDER DEEDS OF TRUST: In
the event that any such lot is conveyed by mortgage or by Deed of
Trust, then the rights, duties, obligations, powers and privileges
appurtenant to the membership appurtenant to such lot shall be
exercised by the owner of the equity in the lot, and not by the
mortgagee under any mortgage or the trustee or beneficiary under
any Deed of Trust against such lot.
SECTION 5 . - ANNUAL MEETINGS : Subject to the provisions of
Article VI of these By-Laws, the annual meetings of the Association
shall be held on the last Saturday in November of each year unless
such date shall occur on a legal holiday, in which event, the
meeting shall be held on the next succeeding business day. The
purpose of the annual meeting shall be for the election of the
Directors of the Association for the succeeding year and for the
transaction of any and all business of the Association as may
properly come before the meeting.
SECTION 6 . - SPECIAL MEETINGS : It shall be the duty of the
President to call a special meeting of the membership if so
directed by resolution of the Board of Directors or upon a petition
calling for a special meeting presented to the Secretary of the
Association and signed by at least thirty ( 30% ) of the owners of
memberships in the Association. The notice of any special meeting
shall state the time, place, and purpose of the meeting. No
business shall be transacted at a special meeting except as stated
in the notice.
SECTION 7 . - NOTICE OF MEETINGS : The Secretary shall mail to
each owner of a membership in the Association notice of each annual
or special meeting of the membership at least ten ( 10 ) days but not
more than sixty ( 60) days prior to such meeting stating the purpose
thereof as well as the time and place where it is to be held. Said
notice shall be mailed to the address which the owner of each
membership has designated to the Secretary and maintained by the
Secretary on his current register of owners. The mailing of a
notice of a meeting in the manner provided in this section shall be
considered service of notice .
SECTION 8 . - ADJOURNMENT OF MEETINGS : If any meeting of the
membership cannot be held because a quorum has not attended, a
majority of the membership who are present at such meeting, either
in person or by proxy, may adjourn the meeting to a time not more
than forty-eight (48 ) hours from the time the original meeting was
called.
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188 .2 0 14 5
SECTION 9 . - QUORUM: A quorum at all membership meetings
shall consist of persons representing and entitled to cast the vote
appurtenant to at least sixty percent ( 60% ) of the memberships in
the Association. The acts approved by a majority of the votes
present at a meeting at which a quorum is present shall constitute
the acts of the membership, except when approval by a greater
number of members is required by the Declaration, these By-laws, or
by law; but those present at any meeting, though less than a
quorum, may adjourn said meeting to a future time.
SECTION 10 . - PROXIES : The vote appurtenant to each membership
may be cast by the person designated as entitled to cast such vote
by proxy. The designation of any such proxy shall be made in
writing to the Secretary, and shall be revocable at any time by
written notice _to .the Secretary by the owner of the membership to
which said vote is appurtenant. Such proxy shall be valid only for
the particular meeting designated in the proxy and must be filed
with the Secretary before the appointed time of the meeting or any
adjournment of such meeting.
SECTION 11. - PLACE OF MEETING: Meetings of the Association
membership shall be held at the principal office of the Association
or at such other suitable place convenient to the membership as may
be designated by the Board of Directors.
SECTION 12 . - ORDER OF BUSINESS: The order of business at all
meetings of the Association shall be as follows: (a) roll call;
(b) proof of notice of meeting; (c ) reading of minutes of preceding
meeting: (d) reports of officers : (e) reports of Board of
Directors; (f) reports of committees; (g) election of members of
the Board of Directors, if necessary; (h) unfinished business; and .-- -. _
(i) new business.
ARTICLE III
Board of Directors
The property, affairs and business of the Association shall be
managed by the Board of Directors; provided, however, that the
provisions of this Article are subject to the provisions of Article
VI of these By-Laws.
SECTION 1. - NUMBER, TERM OF OFFICE AND QUALIFICATIONS : The
number constituting the Board of Directors shall be three ( 3 ) .
Each Director shall continue in office until the annual meeting of
the membership held next after his election and until his successor
shall have been elected and qualified or until his death or until
he shall resign or shall have become disqualified or removed from
office. Directors need not be residents of the State of North
4
BOOK PAGE
. 1a82 0146
Carolina, nor year-round residents of RIVER ISLAND; provided,
however, that each Director shall be an owner or spouse of an owner
of one of the lots subject hereto, and in the case of partnership
owners, shall be a member or employee of such partnership, and in
the case of corporate owners, shall be an officer, shareholder, or
employee of such corporation, and in the case of fiduciary owners,
shall be the fiduciary, or an officer or employee of such
fiduciary.
SECTION 2. ELECTION OF DIRECTORS: Except for the first
Board of Directors, which is appointed in the Articles of
Incorporation, and subject to the provisions of Article VII hereof,
the election of the Board of Directors shall be conducted in the
following manner: (a) election of Directors shall be held at the
annual meeting of the membership; (b) nominations for Directorships
shall be made from the floor by the membership or by the Board of
Directors; (c) the election shall be by written ballot (unless
dispensed with by unanimous consent ) and by a plurality of the
votes cast, each person representing a membership entitled to vote
being entitled to cast one ( 1 ) vote for each of as many nominees as
there are Directorships to be filled. There shall be no cumulative
voting.
SECTION 3 . - REMOVAL OF DIRECTORS : Except for the first Board
of Directors, which is appointed in the Articles of Incorporation,
and subject to the provisions of Article VII hereof, any Director
may be removed by concurrence of two-thirds ( 2/3 ) of the votes of
the membership of the Association present at a special meeting of
the membership called for the consideration of such removal . The
vacancy in the Board of Directors so created shall be filled by a
vote of the members of the Association at the same meeting.
SECTION 4. - ORGANIZATION MEETING: The organizational meeting
of a newly elected Board of Directors shall be held within ten ( 10 )
days of their election at such place and time as shall be fixed by
the Directors at the meeting at which they were elected, and no
further notice of the organizational meeting shall be necessary.
SECTION 5 . - REGULAR MEETINGS : Regular meetings of the Board
of Directors may be held at such time and place as shall be
determined from time to time by a majority of the members of the
Board of Directors, but at least two ( 2 ) such meetings shall be
held during each fiscal year. Notice of the regular meeting of the
Board of Directors shall be given to each member of the Board of
_ Directors, by personal delivery, mail or telegraph, at least five
( 5 ) business days prior to the day named for such meetings.
SECTION '6 . - SPECIAL MEETINGS : Special meetings of the Board
of Directors may be called by the President of the Association on
five (5 ) - business- days notice to each member of the Board of
Directors, given by mail or telegraph, which notice shall state the
time, place, and purpose of the meeting. Special meetings of the
5
BOOK PAGE
1882 0147
Board of Directors shall be called by the President or Secretary in
like manner and on like notices on the written request of any
member of the Board of Directors.
SECTION 7 . - WAIVER OF NOTICE : Any member of the Board of
Directors may at any time waive notice of any meeting of the Board
of Directors, in writing, and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a member of
the Board of Directors at any meeting of the Board shall constitute
a waiver of notice by him of the time and place thereof. If all of
the members of the Board of Directors are present at any meeting of
the Board, no notice shall be required and any business may be
transacted at such meeting.
SECTION 8 . - QUORUM: At all meetings of the Board of
Directors a majority of the members thereof shall constitute a
quorum for the transaction of business, and the votes of a majority
of the members of the Board of Directors present at such a meeting
at which a quorum is present shall constitute the decision of the
Board of Directors. If at any meeting of the Board of Directors
there shall be less than a quorum present, a majority of those
present may adjourn the meeting from time to time . At any such
adjourned meeting at which a quorum is present any business which
might have been transacted at the meeting originally called, may be
transacted without further notice.
SECTION 9 . - COMPENSATION: No member of the Board of
Directors shall receive any compensation from the Association for
acting as such.
SECTION 10 . - JOINDER IN MEETING BY APPROVAL OF MINUTES: The
joinder of a Director in the action of a meeting by signing and
concurring with the minutes of that meeting shall constitute the
presence of such Director at such meeting for the purpose of
determining a quorum.
SECTION 11 . - PRESIDING OFFICER AT DIRECTORS ' MEETINGS : The
presiding officer of a Directors' meeting shall be the President of
the Association. In the absence of the President, the Vice-
President shall serve as presiding officer. In the absence of the
presiding officer, the Directors present shall designate one ( 1 ) of
their number to preside.
SECTION 12. - ORDER OF BUSINESS AT DIRECTORS ' MEETINGS: The
order of business at Directors ' meetings shall be: (a) the calling
of the roll; (b) the proof of due notice of the meeting: (c)
reading and disposal of any unapproved minutes; (d) the reports of
officers and committees; (e) the election of officers; ( f)
unfinished business; (g) new business; and (h) adjournment.
SECTION 13 . - POWERS AND DUTIES : The Board of Directors shall
have the powers and duties necessary for the administration of the
6
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1882 01y8
affairs of the Association except such powers and duties as by law
or by these By-Laws may not be delegated to the Board of Directors
by the membership of the Association. The powers and duties to be
exercised and performed by the Board of Directors shall include,
but shall not be limited to the following:
a, the operation, care, upkeep and maintenance of the
streets, common areas and amenities, and the
improvements thereon;
b. the determination of the amount of funds required for
the operation, care, upkeep and maintenance of the
streets, common areas and the amenities, and the
improvements thereto, and the amounts required for
the general operation of the Association;
C. the levying and collection of the assessments from
the membership owners;
d. the assignment of boat slips to the members;
e. the employment and dismissal of personnel as
necessary for the efficient maintenance of the
development and operation of the Association;
f. the adoption and the amendment of rules and
regulations governing the operation of the
Association and governing the use and enjoyment
of the streets, common areas, pier, boat slips,
and other amenities;
g., the opening and maintenance of bank accounts on
behalf of the Association and designating the
signatures required therefor;
h. the purchasing, leasing, or otherwise acquiring in
the name of the Association or its designee, .
corporate or otherwise, on behalf of all members of
the Association, lots offered for sale or lease;
i, the purchasing of lots at foreclosure or other
judicial sales in the name of the Association, or
its designee, corporate or otherwise, on behalf of
the membership;
j . the selling, conveying, leasing, mortgaging of,
voting the votes appurtenant to (other than for the
election of members of the Board of Directors) , or
otherwise dealing with the lots acquired by, and
subleasing lots by the Board of Directors on behalf
of the membership of the Association;
7
BOOK rain
1882 0149
k. the organizing of the corporation to act as designee
of the Board of Directors in acquiring title to or
leasing lots by the Board of Directors on behalf of
the membership of the Association;
1 . the purchasing and maintaining of insurance for the
streets, common areas and amenities, and the improve-
ments thereto, pursuant to the provisions of these
By-Laws;
m. the making of repairs, additions and improvements to,
or alterations of, the property, and repairs to and
restoration of any property belonging to the
Association, in accordance with the other provisions
of these By-Laws, after damage or destruction by fire
or other casualty, or as a result of condemnation or
eminent domain proceedings;
n. the appointing of committees to be composed of
members of the Association to aid in governance of
the Association in such numbers and for such specific
purposes as the Board may determine necessary and
proper;
o. the adoption of a seal for the Association;
p. the enforcing of the obligations of the members of
the Association, allocating income and expenses of
the Association and doing anything and everything
else necessary and proper for the sound management of
the Association;
q. the levying and collecting of fines or expenses
against the members of the Association, and
allocating income and expenses of the Association;
r. adjusting and settling claims under insurance
policies obtained pursuant to the By-laws and
executing and delivering releases on settlements of
such claims on behalf of all lot owners, all holders
of mortgages, Deeds of Trust or other liens on the
lots and all owners of any other interest in the
property;
S. employ or engage a manager, an independent
contractor, attorney or accountant or such other
employees and agents as they deem necessary, and to
prescribe their duties. Provided, however, any such
person so hired shall serve only at the pleasure of
the Board of Directors hiring him, and no Board of
Directors shall have the authority to bind any
succeeding Board of Directors to any such contract;
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1882 0 .150
SECTION 14. - LIABILITY OF THE BOARD OF DIRECTORS : The
members of the Board of Directors shall not be liable to the
Association or any of its members for any mistake of judgment,
negligence, or otherwise except for their own individual willful
misconduct or bad faith. ' The members of the Association shall
indemnify and hold harmless each member of the Board of Directors
against all contractual liability to others arising out of
contracts made by the Board of Directors on behalf of the
Association unless any such contract shall have been made in bad
faith or contrary to the provisions of the Articles of
Incorporation, or these By-Laws. It is intended that the members
of the Board of Directors shall have no personal liability with
respect to any contract made by them on behalf of the Association.
It is also intended that the liability of any member of the
Association arising out of any contract made by the Board of
Directors or out of the indemnity in favor of the members of the
Board of Directors shall be limited to such proportions of the
total liability thereunder as his interest in the Association bears
to the interest of all members of the Association in the
Association. Every agreement made by the Board of Directors on
behalf of the Association shall provide that the members of the
Board of Directors are acting only as agents for the Association
and shall have no personal liability thereunder (except as members
of the Association) , and that each member of the Association's
liability thereunder shall be limited to such proportion of the
total liability thereunder as his interest in the Association bears
to the interest of all members in the Association.
SECTION 15 . - FIDELITY BONDS : The Board of Directors shall
obtain adequate fidelity bonds for all officers and employees of
the Association. The premiums on such bonds shall constitute an
expense of operating the affairs of the Association.
ARTICLE IV
Officers
SECTION 1 . - DESIGNATION: The principal officers of the
Association shall be the President, the Vice President, the
Secretary, and the Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may appoint an
Assistant Treasurer and Assistant Secretaries, and such other
officers as in its judgment may be necessary. ` The President and
Vice President must be members of the Board of Directors. All other
officers need not be members of the Association.
SECTION 2 . - ELECTION OF OFFICERS: Officers shall be elected
annually by the Board of Directors at the organizational meeting of
each new Board of Directors and until their successors are elected.
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iaaz oisi
SECTION 3 . - REMOVAL OF OFFICERS: Upon the affirmative vote
of a majority of the members of the Association or members of the
Board of Directors, any officer may be removed, either with or
without cause; and his successor may be elected at any regular
meeting of the Board of Directors or at any special meeting of the
Board of Directors called for such purpose.
SECTION 4. - PRESIDENT: The President shall be the chief
executive officer of the Association. He shall preside at all
meetings of the membership and at all meetings of the Board of
Directors . He shall have all of the general powers and duties
which are incident to the office of President of a corporation
organized under the Business Corporation Laws of the State of North
Carolina, including, but not limited to, the power to appoint from
among the membership any committee which he deems appropriate to
assist in the conduct of the affairs of the Association.
SECTION 5 . - VICE PRESIDENT: The Vice President shall take
the place of the President and perform his duties whenever the
President shall be absent or unable to act. If neither the
President or Vice President is able to act, the Board of Directors
shall appoint some other member of the Board of Directors to act in
the place of the President, on an interim basis . The Vice
President shall also- perform such other duties as shall from time
to time be imposed upon him by the Board of Directors or by the
President.
SECTION 6 . - SECRETARY: The Secretary shall keep the minutes
of all meetings of the membership and the Board of Directors; he
shall have charge of all books, papers, accounts, and records of
the Board of Directors as the Board of Directors may direct; and he
shall, in general, perform all of the duties incident to the office
of Secretary of a corporation organized under the Business
Corporation laws of the State of North Carolina.
SECTION 7 . - TREASURER: The Treasurer shall have the
responsibility for Association funds and securities and shall be
responsible for keeping full and accurate financial records and
books of accounts showing all receipts and disbursements, and for
the preparation of all required financial statements. He shall be
responsible for the deposit of all monies and other valuable
effects in the name of the Board of Directors, in such depositories
as may from time to time be designated by the Board of Directors,
and he shall, in general, perform all of the duties incident to the
office of Treasurer of a corporation organized under the Business
Corporation Laws of the State of North Carolina.
SECTION 8 . - COMPENSATION: No officer shall receive any
compensation from the Association for acting as such. However, the
Board of ..Directors_may. appoint a manager to handle the day to day
affairs of the Association, and may establish a rate of
�_ . compensation and salary for each.
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SECTION 9 . - EXECUTION OF INSTRUMENTS: All instruments,
including, but not limited to, agreements, contracts, Deeds or
Leases of the Association shall be executed in the name of the
Association by the President, Vice President, or Assistant Vice-
President and attested to ,by the Secretary or Assistant Secretary
of the Association. All checks of the Association are to be
executed by such person or persons as may be designated by the
Board of Directors.
ARTICLE V
Operation of the Association
SECTION 1. - RULE MAKING: The Board of Directors shall
promulgate and establish, pursuant to the provisions set out
hereinbelow, reasonable rules and regulations governing the use,
enjoyment, maintenance, repair of and additions or alterations to
the streets, common areas, and amenities, and the improvements
thereon.
Subsection 1 . 1 - PROCEDURES : The Board of Directors, or
a rule making committee specifically appointed by the President,
shall formulate reasonable rules and regulations, or amendments or
modifications thereto, to be proposed to the membership of the
Association. Such proposals may be considered by the membership of
the Association for adoption either at the annual meeting of the
membership or at a special meeting of the membership called by the
President specifically for the consideration of the adoption of
such proposals. All such proposals shall be stated in writing and
sent to the owners of the memberships in the Association in any
notice of the special meeting called for the consideration thereof,
or at least fifteen ( 15 ) days prior to the annual meeting of the
membership of the Association at which they will be considered. At
such meeting such proposed rules and regulations shall be
considered new business of the Association. In order to be adopted
as rules and regulations, amendments or modifications thereof, of
the Association, such proposed rules and regulations must receive
assent from two-thirds ( 2/3 ) of the votes of the entire membership
of the Association present in person or by proxy at such meeting.
Subsection 1 . 2 - AMENDMENT, MODIFICATION, ADDITIONS OR
REPEAL: In addition to the above, any member of the Association
may propose a modification, amendment, addition to, or repeal of
any and all rules and regulations of the Association by stating the
same in writing to the Board of Directors. If any such member shall
have obtained on such proposal the signatures of at least twenty-
five . percent._. (25% ) of the membership owners in the Association,
then the Board of Directors shall submit such proposal to the
Association at the next annual meeting of the Association called
11
BOOK rAUr
188z 0153
pursuant to the Board of Directors. Adoption of any such proposal
shall be as stated in Subsection 1 . 1 hereinabove.
Subsection 1 . 3 - PROHIBITIONS: No rule or regulation,
nor amendment, modification, addition to, or repeal of any or all
of the rules and regulations of the Association shall discriminate
against any lot owner or against any lot or group of lots unless
the owners thereof so affected shall consent in writing; nor shall
any of the above change any lot nor the common areas and amenities,
nor shall any of the above increase any owner's share in the common
expenses of the Association nor change the voting rights of any
member unless the owner of the membership appurtenant to the lot so
affected and all record owners of liens thereon shall join in the
execution of such rule, regulation, amendment, modification,
addition to or repeal of the same.
Subsection 1 . 4 - RECORDING: A copy of all rules and
regulations or amendments, additions, modifications to or repeals
of rules and regulations of the Association shall be certified by
the President and Secretary of the Association as having been duly
adopted by the Association and shall be effective from the date the
same is recorded in the Office of the Register of Deeds of New
Hanover County, North Carolina.
SECTION 2. - INSURANCE: The Board of Directors shall be
required to obtain and maintain, to the extent deemed necessary by
the Board, the following insurance :
Subsection 2 . 1 - FIRE INSURANCE: Fire Insurance with
extended coverage, vandalism and malicious mischief endorsements,
insuring all improvements upon the streets, common areas, and the
amenities, and covering the interests of the Association, the Board
of Directors, and all owners and their mortgagees or beneficiaries
under Deeds of Trust, as their respective interests may appear, in
an amount at least equal to the full replacement value of all
structures insured, without deduction for depreciation; each of
said policies shall contain a North Carolina standard mortgage
clause in favor of each mortgagee or beneficiary under a Deed of
Trust of a lot which shall provide that the loss thereunder shall
be payable to such mortgagee or beneficiary under the Deed of Trust
as its interest may appear; subject, however, to the loss payment
provisions in favor of the Board of Directors hereinaftdr set
forth.
Subsection 2 . 2 - PUBLIC LIABILITY INSURANCE: Public
liability insurance in such limits as the Board of Directors may,
from time to time, determine covering each member of the Board of
Directors, each officer of the Association, the Association and
each owner of a lot; such public liability coverage shall also
cover cross-liability claims of one insured against another.
12
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1882 0154
Subsection 2 . 3 - OTHER INSURANCE: Such other insurance
as the Board of Directors may determine is necessary for the
protection of the development, the Association, its Directors,
officers, and members.
Subsection 2 . 4 - PREMIUMS : The premiums for all such
insurance shall be an annual expense of the Association, and as
such, shall constitute a portion of the annual assessment to be
levied against each member of the Association pursuant to the
provisions of these By-Laws.
Subsection 2 . 5 - ADJUSTMENT FOR LOSS : All such insurance
policies shall provide that adjustment of loss shall be made by the
Board of Directors and that the net proceeds thereof shall be
payable to the Board of Directors.
Subsection 2 . 6 - WAIVERS, CANCELLATIONS, MODIFICATIONS,
RENEWALS: All policies of physical damage insurance shall contain
waivers of subrogation and waivers of any defense based on
coinsurance or other insurance or of invalidity arising from any
acts of the insured and of pro rata reduction of liability, and
shall provide that such policies may not be canceled or
substantially modified without at least ten ( 10) days ' prior
written notice to all insureds, including all mortgagees and
beneficiaries under Deeds of Trust. Duplicate originals of all
policies of physical damage insurance and all renewals thereof,
together with proof of payment of premiums, shall be delivered to
all mortgagees or beneficiaries under Deeds of Trust at least ten
( 10 ) days prior to expiration of the then current policies. Prior
to obtaining any policy of fire insurance or any renewal thereof,
the Board of Directors shall obtain an appraisal from a fire
insurance company or otherwise of the full replacement value of the
common areas, the amenities, and all improvements thereon, without
deductions for depreciation, for the purpose of determining the
amount of fire insurance to be effected pursuant hereto.
Subsection 2 . 7 - OWNERS ' INSURANCE: The owners of each
of the lots subject hereto shall carry other insurances for their
own benefit, covering each of their individual houses, and such
policies shall contain waivers of subrogation and further provided
that the liability of the carriers issuing insurance obtained by
the Board of Directors shall not be affected or diminished by
reason of any such additional insurance carried by any lot owner.
Subsection 2 . 8 - INITIAL MINIMUM AMOUNTS : Until the
first regular meeting of the Board of Directors following the first
annual meeting of the membership of the Association, the Board of
Directors shall obtain and maintain all such insurance in the
following amounts: _
l
13
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1882 0155
a. Fire insurance in an amount of not less than
$1, 000, 000 . 00 for the streets, common areas, the amenities, and the
improvements thereon;
b. Public ,liability insurance in an amount of not
less than $500, 000 . 00 covering all claims for personal injury
arising out of one occurrence, and not less that $100, 000 . 00
covering all claims for property damage arising out of one
occurrence.
Subsection 2 . 9 - REPAIR OR RECONSTRUCTION AFTER CASUALTY:
In the event of damage to or destruction of any or all of the
common areas and amenities, and/or improvements to the common areas
as a result of fire or other casualty, the Board of Directors shall
arrange for the prompt repair and restoration of all damaged
improvements. The Board of Directors shall disburse the proceeds
of all insurance policies to contractors engaged in such repair and
restoration in appropriate progress payments. Any cost of such
repair and restoration in excess of the net insurance proceeds
received by or payable to the Board of Directors shall constitute
a common expense of the Association.
In the event of a repair or restoration of the
improvements to the property and in the event that the net proceeds
of insurance received by or payable to the Board of Directors shall
exceed the cost of such repair or restoration, then such excess
shall be held by the Association in its Capital Improvement
Account.
Whenever in this Subsection the words "promptly repair"
or "prompt repair" are used, it shall mean repairs are to begin not
more than sixty ( 60) days from the date of receipt of the Board of
Directors of 'proceeds of insurance on account of such damage or
destruction, whether or not sufficient to pay the estimated costs
of such work. Wherever the words "promptly resolve,, are used
hereinabove, it shall mean not more than sixty ( 60 ) days from the
date the Board of Directors notifies the interested members of the
Association that it holds proceeds of insurance on account of such
damage or destruction and that such proceeds are not sufficient to
pay the estimated costs of such work, as the case may be.
SECTION 3 . - MAINTENANCE: The Board of Directors shall
provide for the upkeep, care, preservation, protection and
maintenance of the streets, common areas, amenities, and the
improvements therein, as follows:
a. repair and repave, when necessary, all pavements
existing upon the streets and throughout the common areas;
14
BOOK PAGE
1882 0156
b. upkeep, maintain and preserve all grasses, lawn,
trees, shrubs, gardens and other vegetation maintained upon the
common areas; and
c . repair; reconstruct, repaint, and maintain any and all
other improvements, of whatever nature, including, but not limited
to, any bridge, piers, gazebo or walkways, and fire control
apparatus, made to the common areas and amenities.
Subsection 3 . 1 - RIGHT OF ACCESS : For the purpose solely
of performing all of the above described maintenance, inspections,
repairs, etc. , the Association, through its duly authorized agents
or employees, shall have the right, after reasonable notice to any
and all owners concerned, to enter upon any lot, at any reasonable
hour of any day.
Subsection 3 . 2 - OWNERS ' REPAIRS: Any maintenance,
inspection, repair, replacement, etc. , to any of the streets,
common areas, amenities, or any of the improvements thereon, caused
by the negligence, misuse, neglect or willful act of any owner, his
family, tenants, guests or invitees shall be performed by the
Association at the sole cost and expense of said owner, said cost
and expense therefor to be added to said owner's annual assessment.
( Subsection 3 . 3 - EXPENSE: All maintenance, inspection,
repair, reconstruction, replacement, etc. , as outlined hereinabove,
is to be performed by or through the Board of Directors and the
cost and expense thereof shall, except as provided in Subsection
3 . 2, be an annual expense of the Association.
SECTION 4 - FISCAL MANAGEMENT: The Board of Directors shall,
from time to time, and at least annually, prepare a budget for the
Association, determining the projected annual costs to the
Association of performing all of the duties of and fulfilling all
of the obligations of the Association. These costs shall include
all of the costs incurred by the Association in the performance of
those duties and obligations outlined in the Articles of
Incorporation, applicable to the development, and Article III ,
Section 13, and Article V of these By-Laws, as well as the costs
necessary for the efficient management of the Association
(including amounts for an operations reserve and a capital
improvements reserve, if deemed necessary by the Board of
Directors) . The budget, so prepared, shall be submitted to the
membership of the Association for approval at the annual meeting
of the membership. The proposed budget must be approved by a vote
of at least sixty percent ( 60% ) of the votes of the entire.
membership of the Association, represented in person or by proxy at
such meeting.
15
Y pta c
• BOOK
• 1882 015 'I
Subsection 4 . 1 - ANNUAL ASSESSMENTS : After approval of
the proposed budget of the Association, the Board of Directors
shall assess each lot within the development subject hereto an
equal. amount of the projected annual costs to the Association as
described hereinabove, subject to the provisions of Article VI
hereof, hereinafter set forth. The Board of Directors shall cause
the Secretary of the Association to provide each member of the
Association a statement of the annual assessment against his lot in
writing, stating the date payment thereof is due at lease thirty
(30 ) days prior to the due date. All assessments shall be due and
payable on such date and in such installments, if allowed, as the
Board of Directors may determine.
Subsection 4. 2 - NATURE AND ENFORCEMENT OF ASSESSMENTS:
The nature and enforcement of the collection of assessments is set
forth in the Declaration of Restrictions of RIVER ISLAND, which are
recorded or to be recorded in the New Hanover County Registry.
Subsection 4. 3 - SUBORDINATION: The lien for unpaid
assessments provided for hereinabove shall be subordinate to the
lien of any first mortgage or first Deed of Trust against any lot.
SECTION 5 . - RECORDS AND AUDITS: The Board of Directors shall
keep detailed records of the action of the Board of Directors,
minutes of the meetings of the Board of Directors, minutes of the
meeting of the membership of the Association and financial records
and books of accounts of the Association, including a chronological
listing of receipts and expenditures, as well as a separate account
for each lot which, among other things, shall contain the amount of
each annual assessment, and other assessments, against each lot,
the date when due, the amount paid thereon, and the balance
remaining unpaid. A written report summarizing all receipts and
expenses of the Association shall be rendered by the Board of
Directors to all members of the Association at lease semi-annually.
In addition, .an annual report of the receipts and disbursements of
the Association shall be rendered by the Board of Directors to all
members of the Association who have requested the same, promptly
but after the end of each fiscal year. Each member of the
Association shall be permitted to examine all of the books and
accounts of the Association at reasonable times on business days,
but not more than once a month.
SECTION 6 . - CONDEMNATION: In the event of a taking in
condemnation or by eminent domain of part or all of the property,
the award made for such taking shall be payable to the Board of
Directors, and the Board of Directors shall disburse the net
proceeds of such award in the same manner as they are required to
distribute insurance proceeds where there is no repair or
restoration of the damage, as provided in these By-Laws.
16
BOOK PACE
AR*48 $I 0 .15 E
Parliamentary Rules
Robert 's Rules of order (latest edition) shall govern the
conduct of all Association meetings, not in conflict with the
Articles of Incorporation, the Amended Declaration of Restrictions,
and these By-Laws.
ARTICLE VII
Amendments
SECTION 1 . - AMENDMENT BY CLASS A MEMBERS: Except as
hereinafter provided, these By-laws may be amended in the following
manner: (a) any member of the Association may propose any
amendment or modification to these By-Laws by submitting the same
in writing to the President of the Association, (b) in order to
qualify for consideration by the Association, any such amendment or
modification must be signed by at least thirty percent ( 30% ) of the
owners of the memberships in the Association; (c) upon receipt of
such proposed amendment or modification, the President of the
I Association shall immediately follow the procedures outlined
hereinabove under Article II, Section 6, entitled SPECIAL MEETINGS;
(d) any such proposed amendment or modification in order to become
a part of these By-Laws must be approved by eighty percent (80% ) of
the votes of the entire membership of the Association present in
person or by proxy at such meeting; provided, however, that no
amendment or modification shall discriminate against any owner, any
lot class or group of owners, or lots unless all of.: the owners so
affected so consent; and further, no amendment or modification
shall change any lot, the common areas, nor increase any owner's
assessments, nor change the voting rights of any members unless the
owner or owners of the memberships or lots so affected and all
holders of liens against such owner's or owners' lots shall approve
in writing such amendment or modification.
SECTION 2 . - AMENDMENT BY CLASS B MEMBER: As long as there
remains a Class B member, the Class B member shall have the
authority to amend these By-laws as necessary, in his sole
discretion, subject however to the conditions that such amendment
or amendments may not cause a decline in the property values of the
lots subject to these By-laws and such amendment or amendments may
not unreasonably discriminate against any lot owner or against any
lot or group of lots unless the owners thereof so affected shall
consent in writing.
17
BOOK PAGE
ARTICLE VII
Miscellaneous 1 a $ 2
SECTION 1. - NOTICES: All notices to the Board of Directors
shall be sent by registered mail, return receipt requested, to the
principal office of the Board of Directors. All notices to owners
shall be sent by registered mail , return receipt requested, to such
addresses as may have been designated by such owners in writing to
the Secretary of the Association. All notices to mortgagees of or
beneficiaries under- Deeds of Trust against lots shall be sent by
registered .mail, return receipt requested, to their respective
addresses designated by them in writing to the Secretary of the
Association. All notices, if received, as proven by the return
receipt, shall be deemed to have been given when mailed, except
notices .of change of address which shall be deemed to have been
given when received.
SECTION 2 . - WAIVER OF NOTICE: Whenever any notice which is
required to be given to any member, Director, or officer of the
Association by the provisions of the North Carolina Nonprofit
Corporation Act, the provisions of the Articles of Incorporation,
or these By-Laws, is waived in writing, signed by the person or
entities entitled to such notice, whether before or after the time
stated therein, such shall be equivalent to the giving of such
notice.
SECTION 3 . - INVALIDITY: The invalidation of any provision of
these By-Laws by any court, agency, or legislature shall in no way
affect the validity of any other provision of these By-Laws, and
the same shall remain in full force and effect.
SECTION 4 . - CAPTIONS : The captions herein used are inserted
only as a matter of convenience and for reference and in no way
define, limit or describe the scope of these By-Laws, or the intent
of any provision thereof.
SECTION 5 . - GENDER: The use of the masculine gender in these
By-Laws shall be deemed to included the feminine gender and the
neuter gender and the use of the singular shall be deemed to
include the plural, whenever the context so requires.
SECTION 6 . - WAIVER: No restriction, condition, obligation or
provision contained in these By-Laws shall be deemed to have been
abrogated or waived by reason of any .failure to enforce the same,
irrespective of the number of violations or breaches thereof which
may occur.
SECTION 7 . - FISCAL YEAR: The fiscal year of the Association
shall be the calendar year.
18
BOOK '
1 $ 82 016 � .
SECTION 8 . - SEAL: The seal of the Association shall be in
such form as shall be approved from time to time by the Board of
Directors of the Association.
IN WITNESS WHEREOF, the President of the Association and the
Secretary thereof do hereby certify that this is a true copy of the
duly enacted By-Laws of RIVER ISLAND OWNERS ASSOCIATIONS, INC. ,
this day of 1995 .
p590clgT
oN
Qa� C6RP02A-rE '�,
SEA L -7- RIVER ISLAND OWNERS A SOCIA ION, INC.
0
BY
a Pre ident
Z ATTEST:
Secreta
(AFFIX ORPORATE SEAL)
i
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, .a Notary Public of said County and State, do hereby certify
that Judia B. Sanders personally appeared before me this day and
acknowledged that she is the Secretary of RIVER ISLAND OWNERS
ASSOCIATION, INC. , a North Carolina Nonprofit Corporation, and that
by authority duly given and as the act of the Corporation, the
foregoing instrument was signed in its name by its President,
sealed with its corporate seal , and attested by herself as its
Secretary.
Witness my hand and notarial stamp or seal, this the
day of 1995 .
p G. y) Mary Public
0v0;.........� Uo
My Commission Expires: =� o
TA F)j, 1 r`_ STATE OF NORTH CAROLINA
New Hanover County
` z The Foregoing/Annexed Cerimtate(s)of
Z•� /�Z��L\G ? Yulonda G.Woodell
y�tUVERGO
''
,gyp Notary(Notaries)Public Is/are certified.,, to be correct.
19 This the 12 dayof May ]g 95
ary Sue- ota �I cr o(decds
bye
Deputy/Assist"i
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 Rcponal Alanager
DIVISION OF ENVIRONMENTAL MANAGEMENT
July 23 , 1990
Mr. Nathan S. Sanders
110 Hinton Avenue
Wilmington, North Carolina 28403
Subject: Additional Information Request
Project No. 900711
River Island At River Hills Plantation
New Hanover
Dear Mr. Sanders:
The Wilmington Regional Office received a copy of the plans
for the subject project. At this time your submittal concerning
Stormwater Management is not complete. The following information
is needed to complete your submittal.
For projects using density limits approach.
A site plan that clearly indicates all built-upon
areas (i.e. , streets, driveways, walkways,
building footprints, etc. ) .
Computations showing the percent built upon areas,
both existing and planned.
A copy of deed restriction(s) and
restrictive covenants which include the State as a
beneficiary.
The attached submittal form should be completed
for projects using the density limits approach.
Other, property boundaries should be clearly
indicated.
Typical street cross-section
7")25 Wrightsville Avenue, Wilmingnon, N.C. 284)3-3696 0 Telephone 919 256-4161 • Fax 91 9-2 56 8 572
Page -2-
For projects involving an engineered Stormwater
Management System.
Plan and profile drawings of the collection and/or
disposal systems.
Computations or other criteria used to support design
of the system.
Volume of runoff.
Volume of containment/disposal system.
Dewatering time of containment/disposal system.
Length of vegetative filter strip needed.
Other
Supporting data concerning the hydrogeology of the
site:
Seasonal high water table.
Infiltration capacity - saturated hydraulic
conductivity.
Other
Drainage pattern(s) for design storm event, and
drainage pattern(s) for runoff in excess of design
storm event.
A complete stormwater maintenance manual including
responsible party, quantitative and qualitative
criteria which would indicate when corrective
maintenance is required, and a periodic maintenance
table as needed.
A proposed monitoring program for the system.
Other
This information should be received by this office no later
than August 23, 1990 or your project will be returned as
incomplete.
Please be reminded that construction of the subject project
may not commence prior to approval of the Stormwater Management
Plan. We will make every attempt to assist you in any way we
can. If you have any questions, please call me at telephone
number (919) 256-4161.
�=e�Y.
4
Paul E. Rawls
Environmental Technician V
PER:900711A.JUL
cc: WiRO, CF
Project Name: R',Ipr��nC� of Purr 1 M/� Pro-e o100-TI �� s;l County:
NOTES:�:
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to Lots
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�CC ,
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SCALE: eviewe B)P:)) Water d :
DATE: c lClass:
DRAWING NUMBER
IrTELEDYNE POST 18AB-01 E
Received WiRO:
Additional. Information Requested Telephone/Letter:
(If telephone, Persons Name No.
Due
Received
Chronology:
. . . . . . . . . . . . . . . . . . . . . . .
If this is a "Phased" Project Phase No.
If yes, indicate Previous Certification No.
�r
(1) A/�N�'/fir D/ /LenGrCTt= /JAVC r)ic�) /C/ij/L� rI4 Cc �U .
/C1!}i.>949'G
Aiyudc
eeds
%e�� /a►^(,Ci, 0{ Srl'G = 5, 7Z �iG�^c$ c Z ¢9, /G3 ay.�
,j/ate 9 /l//w 4y,r , = 31 8 8
7Oeg =
_
2 4 9, �G "� - 3 7, o Es/ = 2 /2, 0 8 -i - r., / Ayl, al, /,I
�lla �x.6/e iv//jP✓✓,bus 1111e., = 2/1r DF1z )e , 3 �3, G2s'
vs c G, Aso 3�,F�
La
tO
Jul [ 2 1990
DEM