SW8910519_CURRENT PERMIT_19930826

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8
DOC TYPE ® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE I c1 c� 3 o k Z(o
YYYYMMDD

3
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DMSION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
August 26, 1993
Mr. Terry Turner
Creek's Edge, Inc.
Post Office Box 4517
Wilmington, North Carolina 28406
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. 910519 Revised
Cove Point Subdivision
New Hanover County
Dear Mr. Turner:
On August 25, 1993 the Wilmington Regional Office received the revised Stormwater Submittal
for Cove Point Subdivision as a result of a Compliance Inspection conducted on July 26, 1993. Based on
our review of the revised project plans and specifications, including deed restrictions (copy attached) which
limit the built-upon area to 9,775 square feet for each lot numbered 1-24, 27 and 28, to 7,835 square feet
for Lot 25, and to 11,715 for Lot 26, we have determined that the project complies with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1003(a)(2). The revision consists of allocating a greater
inpervious area allowance to Lot 26 and reducing the allowable built-upon area for Lot 25.
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built-upon surfaces,
addition of built-upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDES stormwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C.28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Turner
August 26, 1993
Stormwater Project No. 910519 Revised
Deed restrictions for the above revision have been recorded with the Office of the Register of Deeds
in Deed Book 1692, Page 0368-0371. A copy of the recorded deed restrictions has been forwarded to this
Office, however, a copy of the recorded deed restrictions for the remaining lots has not been received.
Failure to forward to this Office the recorded deed restrictions is a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
recorded Deed Restrictions are submitted. The Certification will verify to this Office that the stormwater
controls, general layout of the project and the amount of impervious area are in substantial compliance with
the approved Stonnwater Plan.
If you have any questions concerning this matter, please contact Linda Lewis or me at (919) 395-
3900.
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\910519.AUG
cc: Mr. Ward Andrews, P.E.
Mr. Sky Conklin, New Hanover County Inspections
Bradley Bennett
Jim Craig, New Hanover County
Linda Lewis
Wilmington Regional Office
Central Files

MAINTENANCE PLAN POR
THE STORMITATER SYSTEM
COVE POINT SUBDIVISION
NDN HANOVER COUNTY, N. C.
RESPONSIBILITY:
It shall be the responsibility of the Cove Point Home Owners
Association, Inc. to provide the following inspections and maintenance
of the stormwater system:
INSPECTIONS:
The Home Owners Association shall provide the services of a person
competent to inspect the stormwater system on a periodic basis (monthly
or as needed) for the following:
(1) Catch basin or pipe blockages.
(2) Vegetation in the swales. This will be maintained in good
condition. Areas mhich exhibit sloughing, erosion, or vegetation
washout will be repaired and replaced with sod or stabaliaed with
rooted vegetation.
(3) Sediment deposits in the swales. These will be removed in
order to maintain the design depth, side slopes, and grade.
(4) Rip rap at swale inlets and outlets. These points are to be
inspected to determine if heavy flows have displaced the rip rap
or surrounding areas. Rip rap is to be repositioned or new rip rap
added where needed.
CERTIFICATION:
Certification that this stormwater system has been installed in
accordance with the plans approved by the Division of Environmental
Management shall be furnished the Wilmington Regional Office within
30 days of the completion of the work. This certification shall be
signed and sealed by a Registered Professional Engineer licensed to
practice in the state of North Carolina.
/lil W Date: /may o?8, /'/ //
Terry F. er, President
Creek's Edges Inc.
P. 0. Box 4517
WL mington, N. C. 28406

J. WARD ANDREWS
Consulting Engineer Cove P0111t
POST OFFICE BOX 4423
0 WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
December 31, 1991
Mr. Dave Adkins
N. C. Department of Dwironment,
Health, and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, N. C. 28405-3845
Dear Mr. Adkins:
This is to certify that I have inspected the stormwater system
installed in the Cove Point Subdivision, .Projbct .No. -910519; New
Hanover County, and find that it has been installed in accordance
with the approved plans and specifications.
Yours very truly,
/J. Ward Andrews, P. E.
LPN 19TLI
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t
AUG 2 5 1993 D rd:�; Y
RE.^,IS i ER OF L`S
STATE OF NORTH CAROLINA NEW 11A1I0VER Co. t!C
ppi�nn pp^^rr AGREEMENT
CO NEW HA tFVER '93 AUG 17 Pal 2 09
11; 92 0368
THIS AGREEMENT, made and. entered into by and between J. W.
FUSSELL and wife, CANDICE FUSSELL, herein referred to as "Fussell" ,
and PHILIP W. BAME and wife, DIANE T. BAME, herein referred to as
"Same" ;
0()OJL'3'7 WHEREAS, Fussell is the owner of Lot 26 , Cove Point
Subdivision , 6609 Cove Point Drive , Wilmington , North Carolina
28409 and Bame is the owner of Lot 25 , Cove Point Subdivision , 6605
Cove Point Drive, Wilmington, North Carolina 28409 ; and,
WHEREAS the maximum allowable impervious surface allowed for
each lot as specified in the restrictive covenants is nine thousand
seven hundred seventy-five ( 9 , 775) square feet inclusive of right
of way, structure, pavement, walkways or patios of brick, stone,
or slate, not including wood decking, and the total square footage
of impervious surface allowed for the two ( 2) lots referred to
hereinabove is nineteen thousand five hundred fifty (19, 550) square
feet; and
WHEREAS, the said Fussell has or will cause to be constructed
upon Lot 26 impervious surfaces totalling eleven thousand seven
hundred fifteen ( 11 ,715) square feet and has requested the said
Bame to enter into this agreement so that he might comply with
regulations of the North Carolina Department of Environmental
Management; L
NOW, THEREFORE, the undersigned do hereby agree as follows:
,U) I� I� I� VUI� �II ,
AUG 2 5 1993 b
REsuRr /� � D E M
�I e11U" 1ct

BOOK PASE
1692 0369
1 . That Fussell shall- not construct impervious surfaces on
Lot 26 , Cove Point Subdivision , in excess o` eleven thousand seven
hundred fifteen ( 11 , 715) square feet inclusive of right of way,
structures , pavement, walkways or patios of brick, stone, or slate, .
not including wood decking.
2 . That the said Bame shall not construct impervious surfaces
on Lot 25 , Cove Point Subdivision , in excess of seven thousand
eight hundred thirty-five ( 7 , 835 ) square feet .inclusive of right
of way, structures , pavement, walkway or patios of brick, stone or
slate, not including wood decking.
3 . That the total square footage of impervious surfaces on
Lots 25 and 26 , Cove Point Subdivision, shall not exceed nineteen
thousand five hundred fifty ( 19 , 550) square feet.
4 . That the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, and
that benefits may be enforced by the State of North Carolina,
therefore, the covenants cannot be changed or deleted without the
consent of the State.
This the day of — 1993 .
(SEAL)
J W. US LL
(SEAL)
E FUSSELL
2

BOOK PAGE ))
1692 0370 --
( SEAL)
PHIL . BAME
_(SEAL)
D E I . BAME
STATE OF NORTH CAROLINA
COUNTY OF NEW. HANOVER
I , Notary Public of the County and State aforesaid, certify
that J. W. FUSSELL and wife, CANDICE FUSSELL personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
i
Witness my hand and official seal , this the � day of
��LIiILT"� 1993 .
NOTARY PUBLIC U �.•��,.,,,.,;".. .
oi
My Commission Expires : r > . .;� 3
3

STATE OF NORTH CAROLINA
R
COUNTY OF NEW HANOVER BOO PACE
11 ��77
I , Notary Public of the County an8 kfa�e afoAAidl certify
that PHILIP W. BAME and wife, DIANE T. BAMF. personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and official seal. , this the day of
tl�x ,.,;� _ 1993 .
NOTARY PUBLIC
My Commission Expires :
l01- 1 ' It
FUSSELL/J.pAme.agm
.00.nrry
%:F' ��rs.. �ti:
;:�. 1 p.ftYr•..fir.;",';:.,.
STATE OF NORTH CAROLINA
New Hanover County
[.2e Fore °ing/Mnexed Cart i�fiyclate(Is)lof
. / /.9lliPPC.V
Notary(Notaries)Public is/are certified
to be correct.rrJ�
This the 17 day of 19'7---)
M Sue Oats,R i er s of deed
by D"fr Assistant
4

AUG 2 7:1993 D
STATE OF NORTH CAROLINA JAN 3 9 10 rM 19Z
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER COVE POINT SUBDIVISION
This Declaration, made the -,1.0 day of December, 1991, by COVE POINT LIMITED
PARTNERSHIP, a North Carolina Limited Partnership by its General Partner, CREEK'S
EDGE, INC., hereinafter referred to as "Declarant" (whether one or more);
W ITN ESSETH:
Whereas, Declarant is the owner of certain real property in Masonboro Township, New
Hanover County, North Carolina, (hereinafter referred to as the "Properties") which is more
particularly described as follows:
Being all of Cove Point Subdivision, as shown on the plat or plats thereof
recorded or to be recorded in the Office of the Register of Deeds of New
Hanover County, North Carolina, to which plats reference is hereby made
for a more particular description.
Now, therefore, Declarant hereby declares that all of the Properties described above shall
be held, sold and conveyed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and which shall
run with the real property and be binding on all parties having any right, title or interest in the
described Properties or any part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE 1.
DEFINITIONS
SECTION I. Association shall mean and refer to Cove Point HOA, Inc., a
North Carolina non-profit corporation, its successors and assigns, the owners association
organized for the mutual benefit and protection of the Properties. All property owners of lots
in Cove Point and any adjoining areas hereafter developed and subjected to this Declaration, if
any, shall be members of the Association, which membership shall be appurtenant to and may
not be separated from the ownership of such single family lot.
SECTION 2. Owner shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
SECTION 3. Properties shall mean and refer to all of Cove Point Subdivision
as shown upon the recorded plat described above, and any of the additional properties that may
hereafter be brought within the jurisdiction of the Association as herein provided.
Draftsman: David C_ Barefoot
Barefoot & Kaufman
2002 Eastwood Road, Suite 202
Wilmington, N. C. 28403 S ORl](]pppAVER
lU) EUEuuL �ii,
11�1 AUG 3 0 1993 U
1 DEM
nT # 910516f

SECTION 4. Additional Properties shall mean and refer to any lands adjoining
the Properties which are now owned or may be hereafter acquired or developed by Declarant
and annexed to and made a part of the Properties by the Declarant and subjected to this
Declaration without the assent or vote of the Owners of lots as hereinafter provided. The
annexation of such Additional Properties shall become effective by the recording by the
Declarant of an amended declaration for each new section annexed.
SECTION 5. 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 9775 square
feet, unless and until the State of North Carolina shall revise its storm water runoff regulations
to permit a greater built upon area for each lot.
SECTION 6. Common Area shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the Owners. The Common Area to be
owned by the Association at the time of the conveyance of the first lot shall be all the area
designated as "Common Area" on the plat of Cove Point Subdivision, if any.
SECTION 7. Lot shall mean and refer to any numbered lot shown upon the
recorded plat of any section of Cove Point Subdivision.
SECTION 8. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the context) to
mean and refer to Creek's Edge, Inc., their successors and assigns, if such successors or assigns
should acquire undeveloped property from the Declarant for the purpose of development.
SECTION 9. Declaration shall mean this Instrument as it may be from time to
time amended or supplemented.
SECTION 10. Membership shall mean and refer to the rights, privileges, benefits,
duties and obligations, which shall inure to the benefit of and burden each member of the
Association.
SECTION 11. Member shall mean and refer to every person or entity who has a
membership in the Association.
ARTICLE It.
PROPERTY RIGHTS
SECTION 1. Owners' Easements of Enjoyment. Every Owner shall have a right
and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to
and shall pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to suspend the voting rights and
privileges by an Owner for any period during which any assessment against his Lot remains
unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules
and regulations;
B. The right of the Association to mortgage or convey the Common
Areas, or to dedicate or transfer all or part of the Common Area, if any, to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to by the
members. No such dedication or transfer shall he effective until approved by vote of at least
two-thirds (2/3) of the members, excluding the developer, as indicated in an instrument executed
by the corporation and recorded in the New Hanover County Registry.
C. The right of the Association to impose regulations for the use and
enjoyment of the Common Area, if any, and improvements thereon, which regulations may
further restrict the use of the Common Area.
2

ARTICLE Ill.
EASEMENTS
SECTION 1. Perpetual, alienable easements are reserved as necessary in the
Properties and the Common Areas thereof for the installation and maintenance of underground
utilities and drainage facilities.
SECTION 2. Declarant hereby reserves unto itself, its successors and assigns,
perpetual, alienable easements over all streets and common areas as necessary to provide access,
ingress and egress, to the property adjoining Cove Point Subdivision to the East or West, in the
event the Declarant, its successors or assigns should acquire or develop any property adjoining
Cove Point and annex the same to this development as herein provided.
SECTION 3. An easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing emergency services to enter
upon the Lots and common area in the performance of their duties.
SECTION 4. In case of any emergency originating in or threatening any Lot or the
common areas, regardless whether any Lot Owner is present at the time of such emergency, the
Board of Directors or any other person authorized by it, shall have the right to enter any Lot for
the purpose of remedying or abating the causes of such emergency and making any other
necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate.
SECTION 5. The Declarant reserves unto itself, its successors and assigns, a
perpetual, alienable and releasable easement and right, on, over and under the ground with men
and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use
of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities
on, in or over each lot and such other areas as are shown on the plat of the Properties recorded
or to be recorded in the office of the Register of Deeds of New Hanover County; provided
further, that the Declarant may cut drain ways for surface water whenever such action may
appear to the Developer to be necessary in order to maintain reasonable standards of health,
safety and appearance. These easements and rights expressly include the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably
necessary to provide economical and safe utility installation and to maintain reasonable standards
of health, safety and appearance. It further reserves the right to locate wells, pumping stations,
and tanks within residential areas on any walkway, or on any residential lot now or subsequently
designated for such use or to locate same upon any lot with the permission of the owner of such
lot. Such rights may be exercised by any licensee of the Declarant, but this reservation shall
not be considered an obligation of the Declarant to provide or maintain any such utility or
service.
SECTION 6. The Declarant reserves unto itself, its successors and assigns, the
right to subject the real property in this Subdivision to a contract with Carolina Power and Light
Company for the installation of street lighting, which contract requires a continuing monthly
payment to Carolina Power and Light Company by each residential customer for street lighting
service.
SECTION 7. All easements and rights described herein are easements appurtenant,
running with the land, and shall inure to the benefit of and be binding on the undersigned, its
heirs and assigns, and any Owner, purchaser, mortgagee and other person having an interest in
said land, or any part or portion thereof, regardless of whether or not reference to said easement
is made in the respective deeds of conveyance, or in any mortgage or trust deed or other
evidence of obligation, to the easements and rights described in this Declaration.
3

ARTICLE IV.
UTILITIES
SECTION 1. Water Service. Water service for Cove Point Subdivision shall be
provided by Cape Fear Utilities, Inc., its successors or assigns. No lot owner may drill or
otherwise construct a water well on any lot in Cove Point, or use any other source of water
supply for household use, except for irrigation purposes, and then only with the consent of Cape
Fear Utilities, Inc., its successors or assigns.
SECTION 2. Sewer Service. All lots will be tied into the New Hanover County
Sewer System. All sewer tap fees and monthly charges for sewer service will be the
responsibility of each individual lot owner.
ARTICLE V.
MEMBERSHIP AND VOTING RIGHTS
SECTION I. Every Owner of a lot in the Properties shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any lot.
SECTION 2. Each member shall be entitled to one vote in the affairs of the
Association for each lot owned. When more than one person holds an interest in any lot, all
such persons shall be members. The vote for such lot shall be exercised as they among
themselves determine, but in no event shall more than one (1) vote be cast with respect to any
lot.
ARTICLE VI,
MANAGEMENT AND CONTROL
Management of the affairs of the Association shall be the right and responsibility of its Board
of Directors in accordance with the Declaration and the By-Laws; PROVIDED, HOWEVER,
that all of the powers and duties of the Board of Directors may be exercised by the Declarant
until such time as 90% of the lots in Cove Point Subdivision and 90% of the undeveloped
property in adjoining sections owned by Declarant have been sold and conveyed by the
Declarant to purchasers or until December 31, 2001, whichever occurs first. Management and
control may be transferred to the lot owners at anytime but in all events, no later than 120 days
after the happening of the earlier of the above events.
ARTICLE VI1.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of
any lot by acceptance of a deed therefrom, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
A. Annual assessments or charges;
B. Special assessments for capital improvements, such assessments to
be established and collected as hereinafter provided;
C. Insurance assessments; and
D. To the appropriate governing taxing authority, a pro rala share of ad
valorem taxes levied against the Common Area, if any.
4

The annual, special and insurance assessments, together with interest, costs and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property
against which each assessment is made. Each such assessment, together with interest, costs and
reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly assumed by them.
SECTION 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents
in the Properties and for the improvement and maintenance of all easements, utilities and the
Common Areas. The funds arising from said assessments or charges, may be used for any or
all of the following purposes: Maintenance and improvements of the common areas, streets,
roads, drives, drainage and utility easements and rights of way enforcing these restrictions; and,
in addition, doing any other things necessary or desirable in the opinion of the Association to
keep the property in neat and good order and to provide for the health, welfare and safety of
Owners and residents of Cove Point Subdivision.
SECTION 3. Annual Assessments. Annual assessments shall be in an amount
to be fixed from year to year by the Board of Directors which may establish different rates from
year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount
of the annual assessment against each lot for any given year shall be fixed at least 30 days in
advance of the annual assessment period; provided, however, that the first annual assessment
shall be set prior to the conveyance of the first lot to an Owner and written notice to the Owners
to be subjected thereto shall be delivered to the Owners at or prior to the closing of their lots.
Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto.
The due date shall be established by the Board of Directors and the Board of Directors shall have
the authority to require the assessments to be paid in pro rota monthly installments. The
Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an
officer of the Association setting forth whether the assessments on a specified lot have been paid.
A. From and after January I of the year immediately following the
conveyance of the first lot to an Owner, the maximum annual assessment may be increased each
year not more than five percent (5%) above the maximum assessment for the previous year
without a vote of the membership, except as herein provided.
B. From and after January I of the year immediately following the
conveyance of the first lot to an Owner, the maximum annual assessment may be increased above
five percent (5%) by a vote of two-thirds (2/3) of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum; provided that the Board of Directors may increase the amount
of the annual assessment to a maximum of Nine Hundred Dollars ($900.00) per lot
notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations
set forth in said subparagraph shall apply to any annual increase.
SECTION 4. Special Assessments for Capital Improvements. In addition to
the annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to the year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair or replacement of a capital improvement upon
the Common Area, including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of the members who are voting in
person or by proxy at a meeting duly called for this purpose.
SECTION 5. Insurance. The Board of Directors on behalf of the Association, as
a common expense, shall at all times keep the property of the Association, if any, insured against
loss or damage by fire or other hazards and other such risks, including, but not limited to
directors' liability and public liability insurance, upon such terms and for such amounts as may
be reasonably necessary from time to time to protect the Properties and Common Area, which
insurance shall be payable in case of loss to the Association for all members. The Association
5

shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance
shall be obtained without prejudice to the right of each member to insure his personal property
for his own benefit at his own expense. In no event shall the insurance coverage obtained by
the Association be brought into contribution with insurance purchased by members or their
mortgagees.
SECTION 6. Insurance Assessments. All insurance policy premiums on the
Common Areas for the benefit of the Association purchased by the Board of Directors or its
designee and any deductibles payable by the Association upon loss shall be a common expense,
and the Association shall levy against the Owners equally as an additional annual assessment,
(herein called "Insurance Assessment") which shall be in addition to the amounts provided for
under Section 3 above, an amount sufficient to pay the annual cost of all such insurance
premiums.
SECTION 7. Working Capital Assessment. At the time title is conveyed to an
Owner, each Owner shall contribute to the Association as a working capital reserve an amount
at least equal to a two months' estimated common area assessment. Such funds shall be used
solely for initial operating and capital expenses of the Association, such as pre-paid insurance,
supplies and the common areas and facilities furnishings and equipment, etc. Amounts paid into
the working capital fund are not to be considered as advance payment, of regular assessments.
Any working capital funds remaining at the end of the first full operating year shall be
transferred to and become part of the general funds of the Association, in the discretion of the
Board of Directors.
SECTION 8. Notice And Quorum For Any Action Authorized Under Sections
3 and 4. Written notice of any meeting called for the purpose of taking any action authorized
under Section 3 and 4 shall be sent to all members not less than thirty (30) 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 the votes of each class of
membership shall constitute a quorum. The required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
SECTION 9. Uniform Rate Of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
SECTION 10. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant. Declarant shall
not be required to pay maintenance assessments on unsold Lots retained by the Declarant.
Provided, however, that Declarant shall pay to the Association annually, in lieu of assessments,
the pro iata share of insurance assessments, utilities and ad valorem taxes on the Common Areas
attributable to the number of Lots owned by Declarant, as the same become due.
SECTION 11. Effect Of Nonpayment Of Assessments And Remedies Of The
Association. Any assessment not paid within thirty (30) days after the due date shall bear
interest from the due date of the highest rate allowable by law. The Association may bring an
action at law against the Owner personally obligated to pay the same, or foreclose the lien
against the property. No Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of his Lot.
SECTION 12_ Subordination Of The Lien To Mortgage. The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or
transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
6

ARTICLE Vill.
ARCHITECTURAL CONTROL
SECTION 1. Developer's Rights. All duties and responsibilities conferred upon
the Architectural Control Committee by this Declaration or the By-laws of the Association shall
be exercised and performed by the Declarant or its Designee, so long as Declarant shall own
any lot in the Properties or any additions annexed thereto by Supplemental Declaration or
Amendment to this Declaration.
SECTION 2. Building and Site Improvements. No dwelling, wall or other
structure shall be commenced, erected, or maintained upon any lot in the Properties, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting of
exterior surfaces) be made until the plans and specifications showing the nature, kind, shape,
heights, materials, colors and location of the same shall have been submitted to and approved
in writing as to harmony of external design and location in relation to surrounding structures and
topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the
Board of Directors of the Association, or by an architectural control committee composed of
three (3) or more representatives appointed by the Board. In the event the Declarant, or its
designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove
such design and location within thirty (30) days after said plans and specifications have been
submitted to it, approval will not be required and this Article will be deemed to have been fully
complied with. Refusal or approval of any such plans, location or specification may be based
upon any ground, including purely aesthetic and environmental considerations, that in the sole
and uncontrolled discretion of the Declarant or Architectural Control Committee shall deemed
sufficient. One copy of all plans and related data shall be furnished to the Declarant or
Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor
the Architectural Control Committee shall be responsible for any structural or other defects in
plans and specifications submitted to it or any structure erected according to such plans and
specifications.
SECTION 3. Approval of Plans:
A. No house plans will be approved unless the proposed house shall have
a minimum of 2400 square feet of enclosed dwelling area. The term "enclosed dwelling area"
as used in the minimum requirements shall be the total enclosed area within a dwelling;
provided, however, that such term does not include garages, terraces, decks, open porches, and
like areas; provided, further, that shed type porches, even though attached to the house are
specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
B. Since the establishment of inflexible building setback lines for
location of houses on lots tends to force construction of houses directly to the side of other
homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be established
by this Declaration. In order to assure, however, that the foregoing considerations are given
maximum effect, the site and location of any house or dwelling or other structure upon any lot
shall be controlled by and must be approved absolutely by the Declarant or the Architectural
Control Committee, as the case may be. Provided, however, that no dwellings shall be
constructed closer than 15 feet to an adjoining property line.
C. The exterior of all houses and other structures must be completed
within twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the owner or builder, due to
strikes, fires, national emergency or natural calamities.
D. No structure shall be erected, altered, placed or permitted to remain
on any lot, except one single family dwelling not to exceed two and a half stories in height,
unless the Declarant or the Architectural Control Committee, as the case may be, approves in
writing a structure of more than two and one-half' stories, and one or more small accessory
buildings (which may include a detached private garage, or guest facilities) provided the use of
7

such dwelling or accessory building does not in the opinion of the Declarant or Architectural
Control Committee overcrowd the site, and provided further, that such buildings are not used
for any activity normally conducted as a business.
E. All service utilities, fuel tanks, clothes lines and wood piles are to
be enclosed within a wall or plant screen of a type and size approved by the Declarant or the
Architectural Control Committee, so as to preclude the same from causing an unsightly view
from any highway, street or way within the subdivision, or from any other residence within the
subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and
newspaper boxes shall he furnished by Declarant. No fences shall at any time be placed or
permitted to remain on any lot without approval of the Declarant or the Architectural Control
Committee.
F. Off street parking for not less than four (4) passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed on said lot
which parking areas and the drive ways thereto shall be constructed of concrete, brick, asphalt,
or turf stone, or any other material approved by Declarant, or its Designee.
SECTION 4. Maintenance By Association. The Association, at its expense, shall
be responsible for maintaining, repairing and replacing the planting easement areas, the storm
water drainage system, including all drainage lines, pipes and ditches which are located on the
properties, except those constructed by individual lot owners and located within individual lots.
The Association shall have the right to go onto the lots at reasonable times for the purpose of
maintaining, repairing and replacing all utility and drainage lines and pipes which might be
located on such lots; and each Owner hereby grants permission to the Association to enter his
lot for such purposes.
In the event that such need for maintenance, repair or replacement (other than such being
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircraft, vehicles, and smoke, as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance,
replacement, or repairs, shall be added to and become a part of the assessment to which such Lot
is subject.
The Association shall maintain all common areas, including roadways, plantings and
shrubbery, boardwalks or walkways, located thereon, and lighting fixtures and shall pay all costs
of operation thereof including premiums associated with general liability insurance insuring the
Association from liability arising from ownership and operation thereof.
ARTICLE 1X.
USE RESTRICTIONS
SECTION 1. Land Use And Building Type. No lot in Cove Point Subdivision
shall be used for any purposes except for residential purposes other than the "Common Area"
which may be used fir recreational purposes. All numbered lots in Cove Point Subdivision,
shall be restricted for construction of single family dwellings only. Any building erected,
altered, placed or permitted to remain on any lot shall be subject to the provisions of Article V111
of this Declaration relating to architectural control. Different land use restrictions and architec-
tural control guide lines may be established for adjoining properties developed by Declarant.
SECTION 2. Nuisances. No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of
other property in the neighborhood by the owners thereof. It shall be the responsibility of each
lot owner to prevent the development of any unclean, unsightly or unkept condition of buildings
8

or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood
as a whole or the specific area.
SECTION 3. Lot Maintenance. In the event that any Lot Owner shall fail or
refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth
or objects, then, after thirty days notice from the architectural control committee, the Association
or its designee shall enter upon such lands and remove the same at the expense of the Owner,
and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall
arise and be created in favor of the Association for the full amount of the cost thereof chargeable
to such Lot, including collection costs and such amounts shall be due and payable within thirty
(30) days after the Owner is billed therefor. Such lien shall be enforceable by Court proceedings
as provided by law for enforcement of liens.
SECTION 4. Temporary Structures. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time
as a residence either temporarily or permanently without the written consent of the Association
or its designee. Provided, however, that this shall not prevent the Declarant, its designees or
assigns from maintaining a construction trailer or office on any lot or in the common area until
the construction of dwellings on all lots in the project is completed.
SECTION 5. Recreational Vehicles_ No boat, motor boat,camper,nailer, motor
or mobile homes, or similar type vehicle, shall be permitted to remain on any lot or on any street
in the properties at any time, without the written consent of the Association or its designee.
SECTION 6. Animals. No animals, livestock or poultry of any kind shall be kept
or maintained on any lot or in any dwelling except that dogs, cats or other household pets may
be kept or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free, are at all times kept properly leashed or
under the control of their owner and do not become a nuisance to the neighborhood.
SECTION 7. TV Satellite Dishes And Outside Antennas. No TV satellite signal
receiving dishes will be permitted on any lot and no outside radio or television antennas shall be
erected on any lot or dwelling unit within the Properties unless and until permission for the same
has been granted by the Board of Directors of the Association or its Architectural Control
Committee.
SECTION 8. Window Coverings. All drapes, curtains or other similar materials
hung at windows, or in any manner as to he visible from the outside, of any building erected
upon any lot shall be of a white or neutral background material.
SECTION 9. Exterior Lights. All light bulbs or other lights installed in any
fixture located on the exterior of any building or any lot shall be clear, white or non-frost lights
or bulbs.
SECTION 10. Junk Vehicles And Tractor Trailers. No inoperable vehicle or
vehicle without current registration and insurance, and no tractor-trailers will be permitted on
the premises. The Association shall have the right to have all such vehicles towed away at the
owner's expense.
SECTION It- Vehicle Repairs. No repairs to any vehicle may be made in
driveways, only in garages and not visible from the street. No inoperable or immobile vehicle,
whether or not containing current registrations, shall be permitted to remain in any driveway or
on any street.
SECTION 12. Water And Sewer Service. The Declarant will furnish a water
meter and sewer service to each lot. Each lot owner will be required to pay for any sewer
connections, impact fees or any other charges imposed by any entity furnishing water or sewer
service to the Lots.
9

SECTION 13. Signs. No "For Sale" signs or any other signs shall be permitted on
any Lot or in the common areas without permission of the Board of Directors, except that a sign
conforming to New Hanover County Sign Ordinance may be displayed by Declarant on any
unsold Lot so long as Declarant owns any Lot in the Properties.
SECTION 14. Alterations. No person shall undertake, cause, or allow any
alteration of construction in or upon any portion of the Common Areas except at the direction
or with the express written consent of the Association.
SECTION 15. Subdividing_ No lot shall be subdivided, or its boundary lines
changed except with the prior written consent of the Declarant during the period of Declarant
control of the Association and thereafter by the Board. However, the Declarant hereby
expressly reserves unto itself, its successors and assigns, the right to re-plat any two (2) or more
lots shown on the plat of any subdivision of the Property in order to create one or more modified
lots; to further subdivide tracts shown on any such subdivision plat into two or more lots; to
recombine one or more tracts or lots or a tract and lots to create a larger tract; to eliminate from
this Declaration lots that are not otherwise buildable or are needed for access to any area of the
Property or are needed for use as private roads or access areas, and to take such steps as are
reasonably necessary to make such re-platted lots or tracts suitable and fit as a building site or
access area or roadway, said steps to include, but not to be limited to the relocation of
easements, walkways, and rights-of-way to conform to the new boundaries of the said re-platted
lots.
ARTICLE X.
ANNEXATION OF ADDITIONAL PROPERTIES
SECTION 1. Except as provided in Section 2 below, annexation of additional
property shall require the assent of two-thirds (2/3) of the members at a meeting called for this
purpose, written notice of which shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting.
SECTION 2. If the Declarant, its successors or assigns, shall develop any
additional properties, said additional properties or any portion thereof may be annexed to said
properties without the assent of the members, provided, however, the development of additional
properties permits only single family dwellings, recreational facilities and/or common areas.
Annexation provided for in this section shall become effective upon the filing by the Declarant
of a supplemental or amended declaration in the Oft-ice of the Register of Deeds of New Hanover
County.
ARTICLE Xl.
GENERAL PROVISIONS
SECTION I_ Enforcement. The Association, or any Owner, shall have the right
to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by an Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 2. Enforcement Of Storm Water Runoff Regulations. The State of
North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce
its storm water runoff regulations as the same may be amended from time to time.
SECTION 3. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no wise affect any other provisions which shall
remain in full force and effect.
SECTION 4. Lots Subject To Declaration. All present and future owners,
tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply
10

with the provisions of the Declaration, and as the Declaration may be amended from time to
time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into
occupancy of any lot shall constitute an agreement that the provisions of the Declaration are
accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of
any lot, their respective legal representatives, heirs, successors and assigns, and shall run with
and bind the land and shall bind any person having at any time any interest or estate
in any lot, as though such provisions were made a part of each and every deed of conveyance
or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods of ten (10) years.
SECTION 5. Amendment of Declaration. Except as provided elsewhere herein,
the covenants and restrictions of this Declaration may be amended only by an instrument duly
recorded in the Office of the Register of Deeds of New Hanover County executed by the duly
authorized officers of the Association upon the vote of not less than two-thirds (2/3) of the Lot
Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as herein provided, or affect any lien for the payment
thereof established herein. In no event may the Declaration be amended so as to deprive the
Declarant of any rights herein granted or reserved unto Declarant.
SECTION 6. Amendments by the Declarant_ The following amendments may
be effected by the Declarant, or the Board, as the case may be, without consent of the members:
A. Prior to the sale of the first lot, this Declaration may be amended by
the Declarant.
B. Declarant may amend this Declaration upon annexation of additional
lands as specified in Article X, Section 2 herein.
C. The Declarant or the Board may amend this Declaration to correct
any obvious error or inconsistency in drafting, typing or reproduction.
D. The Declarant, so long as it shall retain control of the Association,
shall have the right to amend this Declaration to conform to the requirements of any law or
governmental agency having legal jurisdiction over the Property or to qualify the Property or any
lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed
by a governmental agency or to comply with the requirements of law or regulations of any
corporation or agency belonging to, sponsored by, or under the substantial control of the United
States Government or the State of North Carolina; regarding purchase or sale of such lots and
improvements, or mortgage interests therein, as well as any other law or regulation relating to
the control of property, including, without limitation, ecological controls, construction standards,
aesthetics, and matters affecting the public health, safety and general welfare. A letter from an
official of any such corporation or agency, including, without limitation, the Veterans
Administration, U. S. Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency shall he sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such request or
suggestion.
E. The Declarant, for so long as it shall retain control of the
Association, and, thereafter, the Board of Directors, may amend this Declaration as shall be
necessary, in its opinion, and without the consent of any owner, to qualify the Association or the
Property, or any portion thereof, for tax-exempt status.
F. The Declarant for so long as it has control of the Board may amend
this Declaration to include any platting change of the Property as permitted herein.
11

IN WITNESS WHEREOF, CREEK'S EDGE, INC., the Declarant herein, has caused
this Declaration to be executed in its corporate name and its corporate seal affixed by its duly
authorized officers this _ day of January, 1992.
COVE POINT LIMITED PARTNERSHIP, a
North Carolina Limited Partnership
By CREEK'S EDGE, INC,.,, its General Partner
By t N 1 1 I�w
Pre 'dent
ATTEST:
Secretary
- ti
[CORPORATE SEALS
STATE OF NORTH CAROLINA
COUNTY OF NEW-HANOVER P. I I
lF a Notary Public in and for the aforesaid County and State do
hereby certify that ftrd fi i+rallarn _-K' - _ personally appeared before me this day and
acknowledged that he is the Secretary of CREEK'S EDGE, INC., the general partner of COVE
POINT LIMITED PARTNERSHIP, a North Carolina Limited Partnership, and that by
authority duly given and as the act of the said corporation, the foregoing Instrument was signed
in its name by its President, sealed with its corporate seal, and attested by L:,self as its
Secretary, for and on behalf of said Limited Partnership.
WITNESS my hand and notarial seal this I ¢day of December, 1991. ,�.a�F' B. Qp'o,
f . ,..... .... 1,
y r
My Commission Expires: N tary Public
(NOTARIAL SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate of_ s certified to be
correct. This the _ day of' Janu: STATE OF NORTH CAROLINA
New flat over County
T µ F,xeguin�/ unexed y(ti(icn ly(j)n(, ,
RE
Re,
Notary(Notaries)Public is/are certified
By to be correct.'n �pj
,is the dayo - 19/6�
Rebecca Tucker Chris f ' , Nam Register of deeds
by —
Deputy tstant
12