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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 This certification shall be effective from the date of issuance until rescinded and the project shall be constructed in accordance with the plans and specifications as filed with the Wilmington Regional Office.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 10 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 -1- 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, -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 -7- 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) -10- 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 . r 1 RE;JRNEDTO c�enQ•— ( uon r< 79/ 0080 BOOK PACE ' 18 .82 0183 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. t 3 BOOK PACE 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 .. -' AUr- g00K 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; 8 BOOK PAGE 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. 9 BOOK PAGE 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. 10 BOOK PAGE 1882 0152 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 BOOK PAGE 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 BOOK PACE 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:�: CaK- to Lots 6 2) .3a�o 1, 5 Z IS � S�q.3d CG✓ Cam` � �' 3 5 U ; �CC , 900?? 3 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