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HomeMy WebLinkAboutSW8961103_HISTORICAL FILE_20010611 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS al PERMIT NO. SW8_��(po DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS XHISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �T�I _ YYYYMMDD North Carolina Department of Environment and Natural Resources AN' t o 1 Wag Division of Water Quality Wilmington Regional Office NIL&W12 OPMichael F. > asley,■ SGovernor No William G. Ross, r., ecretary NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 11, 2001 Mr. ,lay .Atkinson. General Manager St. James Development, LLC PO Box 10879 Southport, NC 28461 Subject: Permit No. SW8 961103 Modification Players Club at St. ,lames Plantation Low Density Subdivision Stormwater Permit Brunswick County Dear Mr. Atkinson: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Players Club at St.James Plantation on June 7,2001. Staff review of the plans and specifications has determined that the project, as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000.We are forwarding Permit No. SW8 961103 Modification, dated June 11, 2001, for the construction of the project Players Club at St. James Plantation. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts,requirements, or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit.This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings,P.O. Drawer 27447, Raleigh,NC 2761 1-7447. Unless such demands are made this permit shall be final and binding.- If you have any questions, or need additional information concerning this matter, please contact either Noelle Lutheran or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:nml S:\WQS\STORMWAT\PERMI'f\961103.JUN cc: Stephen MCAree, P.E. Wayne Strickland, Southport Building Inspections Noelle Lutheran Wilmington Regional Office Central Files 127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper State Stormwater Management Systems I' min No.SydS 961103 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143,General Statutes ofNorth Carolina as amended,and other applicable Laws, Rules and Regulations PERMISSION 1S HEREBY GRANTED TO St. James Development, LLC Players Club at St. James Plantation Brunswick County FOR THE construction,operation and maintenance of 30%low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Players Club at St. James Plantation. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: L DESIGN STANDARDS 1. Each of the 230 lots is limited to a maximum of 7,000 square feet of built-upon area, as indicated in the approved plans. CAMA regulations mayreduce the allowable built-upon area for those lots within the AEC. The 2.81.acres of built-upon area designated to the Club Site Area will require a permit modification and an engineered stormwater treatment system prior to construction. 2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 30%,per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 2 r' State Stormwater Management Systems Permit No.SW8 961103 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 ofChapter 143,General Statutes ofNorth Carolina as amended,and other applicable Laws, Rules and Regulations 13EIWISSION IS I-IERLBY GRANTED TO St. James Development, LLC Players Club at St. James Plantation Brunswick County FOR THE construction,operation and maintenance of 30%low density subdivision in compliance with the provisions of 15A NCAC 211 .1000(hereafter referred to as the "Stormwater rules') and the approved Stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Players Club at St. .lames Plantation. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 230 lots is limited to a maximum of 7,000 square feet of built-upon area, as indicated in the approved plans.CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. The 2.81 acres ofbuilt-upon area designated to the Club Site Area will require a permit modification and an engineered stormwater treatment system prior to construction. 2. The overall tract built-upon area percentage or lot sires for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 2 State Stormwater Management Systems Pennit No.SW8961103 Modification 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (FIN) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. 11. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety,vegetated,and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. "The allowable built-upon area per lot is 7,000 square feet. This allotted amount includes any built- upon area constructed within the lot property boundaries, and that portion of the right-of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,concrete, gravel, brick, stone, slate,and coquina,but does not include raised, open wood decking, or the water surface of swimming pools." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality." C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." d. "Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC." C. "Each lot will maintaina30'widevegetatedbufferbetweenallimperviousareasandsurfacewaters." f. "All roof drains shall terminate at least 30' from the mean high water mark." 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-upon area per lot within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 3 State Stormwaler Management Systems Permit No.SW8961103 Modification 7. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality,and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 10. Ifan Architectural ReviewCommitlee(ARC)will reviewplans for compliance withthe 13UA limit,the plans reviewed must include all proposed BUA,including roofed porches,outbuildings,sidewalks and driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Ifthe plans indicate that the allowable BUA will be exceeded,it is the ARC's responsibility to deny the plans. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls,and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more ofthe minimum requirements of the permit. Within the time frame specified in the notice,the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. "fhe permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The following items will require a modification to the permit. Revised plans,specifications and calculations must be permitted prior to beginning construction on the modification: a. Any revision to the approved plans, regardless of sire. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. C. Further subdivision, acquisition, or selling of the project area. 1'. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14. The Director may determine that other revisions to the project should require a modification to the permit. Ill. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittec to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4 State Stormwater Management Systems Permit No.SW8 961103 Modification 4. The issuance of thisperinit does not prohibit the Directorfrorn rcopeningand modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 21-1.1000;and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. "rhe issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 7. The permitter grants permission to D1NR Staff to enter the property during business hours for the purposes of inspecting the stortnwatcr control system and it's components. 8. The permittee shall notifythe Division of Water Quality of any name,ownership or mailing address changes within 30 days. Permit issued this the 11 th day of June, 2001. NORTH CAROLINA ENVIRONMENTAL MANAGI MENT COMMISSION ett--------------- Kerr T. Stevens, Director 1-0 Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 961103 Modification 5 OFFICE USE ONLY Fee Paid er - 9 &) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form nay be photocopier)for use as an original I. GENERAL INFORMATION: 1. Applicant's name(specify the name of the corporation, individual, etc. who owns the project): ST. JAME5 DEVELOPMENT. LLC. 2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance): JAY ATKIN5oN. GENERAL MANAGER 3. Mailing Address for person listed in item 2 above: P.O. Box 10873 City: SOUTHPORT State: NC Zip: 284G I Telephone Number: (91 O ) 253-4739 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): PLAYERS CLUB AT ST. JAME5 PLANTATION, PHASE 1 5. Location of Project (street address): YiW 2 1 1 WITHIN THE ST. JAME5 PLANTATION SUBDIVISION City: SOUTHPORT County: 5RUN5WICr 6. Directions to project (from nearest major intersection): SOUTHEAST OF INTERSECTION OF ST. JAME5 DRIVE AND N.C. 2 1 1 . 7. Latitude: 5G047'00" Longitude: 78°05'00" Of project 8. Contact person who can answer questions about the project: Name: MARK BRAMBELL "Telephone Number: (9 1 0) 253-4739 IL PERMIT INFORMATION: 1. Specify whether project is (check one): New Renewal X Modification Fonn: SWU-101 Version 3.99 Page 1 of 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 9G 1 103 And its issue date(if known) DEGEMBER 9. 1 99G 3. Specify the type of project(check one): X Low Density _ high Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stomtwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6747. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. ROADSIDE 5WALE5, VEGETATIVE 5WALES ALONG PROPERTY LINES AND THROUGH PROPOSED AMENITY LAKES. 2. Stormwater runoff from this project drains to the CAPE FEAR River basin. 3. Total Project Area: 4 1 G.77 acres 4. Project Built Upon Area: 13.27 % 5. How many drainage basins does the project have'? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name BEAVER DAM CREEK Receiving Stream Class SC Drainage Basin Area 4 1 G.77 ACRE5 Existing Impervious* Area p ACRE5 Proposed Impervious* Area 55.30 ACRE5 % Impervious* Area(total) 1 3.27 % Impervious* Surface Area Drainage Area 1 Drainage Area 2 On-site Buildings 3G.9G ACRE5 (70005F/LOT) On-site Streets 1 0.53 ACRES On-site Parking — On-site Sidewalks — n� Other on-site 7.8 1 ACRES C a 7/ Off site 0 x'2,81 _5 l-c c1vb oU5e. l-o e cr1VWwJ TOTAL, 5, D - - 5Z.K 9 Un ' h densi opb d l "Impervious area is defined as the built upon area including, bul not limiter/to,buildings,roads,parking areas, ,sideu uAs,gravel areas, etc. Form: SWU-101 Version 3.99 Page 2 of 7. How was the off-site impervious area listed above derived'? TOPOGRAPHIC INFORMATION IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with slate stormwater managentent permit number 5W8 96 1 103 as issued by the Division of Water Quality. These covenants may not be changed at-deleted without the consent of the State. 2. No more than 7000 square feet of any lot.dull be covered by structures at,impervious materials. Impervious materials include asphalt, gravel, concrete, brick,stone, slate at-similar material but do not include wood Decking or the water sutface ofswinnning pools. 3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess area of the permitted amount requires a state stormwater managentent perntit modification prior to construction. 5. All permitted runofffr'om outparcels or fture development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be petfonned in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the required covenants will be binding on all parties and persons claiming under them, that they will run the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s)listed below must be submitted for Each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form: SWU-101 Version 3.99 Page 3 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ)- A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm - Legend - North Arrow - Scale - Revision number and date - Mean high water line - Dimensioned property/project boundary -Location map with named streets or NCSR numbers - Original contours,proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations -Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent(individual or firm): CAPE FEAR ENGINEERING, INC. Mailing Address: 5040 NEw CENTRE DP., SUITE D City: WILMINGTON State: NC Zip: 28403 Phone: (910) 790-8584 Fax: (9 10) 790-8583 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed on General Information, item 2) JAY ATKIN50N certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Signature: �� l Date: Form: SWU-101 Ver ' 99 Page 4 of Permit No. 5W8 961 103 (to be provided by DJVQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name PLAYER5 CLUB AT 5T. JAME5 PLANTATION, PnA5E Contact Person : MARK BRAMBELL Phone Number: (9 1 0) 253-4739 Number of Lots: 230 Allowable Built Upon Area Per Lot*: 7000 5E *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. 11. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculations in the space provided below where: • SA Site Area- the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor- the appropriate percent built upon area dived by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. (SA x DF) - RA - OA = QUA NO. LOTS LOTS Form: SWU-104 Rev 3.99 Page 1 of Calculation: (4 1 6.77 AC. X 0. 1327) — 10.53 AC. — 7.81 AC. = 36.96 = 0. 1 6 AC./LOT = 7,000 5f/LOT 230 LOT5 230 Ill. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials 17f 0- a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided by DWQ within 30 days of ^/ �nM platting and prior to sale of any lots. C. Built upon area calculations are provided for the overall project and all lots. _���d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Fonn: SWU-104 Rev 3.99 Page 2 of 2 Players Club Recorded Covenants File 0700 - 008 Lots Limited to 6500sf Impervious S}� Book Page 1178 0555 FILED BRUNSWICK COUNTY RC Prepared by: John A.McLendon,Jr?,';Esg. I Schell Bray Aycock Abel&Livingston P.L.LC. 10/22 7 1211 pg AOBEAI J. ROBINSON NORTHCAROLINA-BRUNSWICK' COUNTY Register Of Duda DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 1 i I THI$,pECLARA�JON OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the--''//--'�-ff1f--day of t C,xG�., 19�by ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company('Development co.')and HOMER E.WRIGHT,JR., INC.,a North Carolina corporation("HEW'). WITNESSETH: Document 4 0000039 WHEREAS, Development Co. and HEW are the owners of certain property located in Brunswick County, North Carolina,and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 1, which is recorded in Map Cabinet P? , page County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a 'Lot' and collectively as the 'Lots-). WHEREAS,HEW is Declarant under that Master Declaration of Covenants,Conditions and Restrictions recorded in Book'839, Page 453,Brunswick County Registry,as amended(the 'Master'Doclaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book&-7-L, page_�rJU Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. and HEW desire to subject the Lots to certain additional covenants,conditions and restrictions for the purpose of protecting the value and desirability of the Lots. evelopment Co.and HEW reby declare and covenant that the Lots shalll be helld,,ssold and conveyed onveyed subject 0 the follow ng covenants, conditions and restrictions,which shall run with the land and be binding upon all parties having any right,title l or interest in the Lots or any pan thereof, their heirs, successors and assigns,and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The r. operation of any business or commercial enterprise upon any jot Is z rcssl P, Y Prohibited; t;,; 7YYfAl�oO ggy�r�TU CASH—RE "L cK/ az ( .. BY l l 9 , I,•l4, . I I 1 I If6elopment Book Page 178 0556 Provided,howet may be us a temporary sales office and/or model with the prior written consent Co. 2. RESUB➢IVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without;.;the prior written consent of Development Co. However, i Development Co.expressly reserves to itself the right to resubdivide any Lot,provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts,or an area of less than 10,000 square feet(said requirements shall apply only to resubdivided Lots and shall not apply to the Lols originally shown on the Plat). Development Co. may also create a combined lot by(i) replatting any two(2)or more Lots shown on the Plat or III) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. V 3. NUISANCES: No noxious,offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whoms<Kver. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas withhiithe roof line of the dwelling,excluding open porches,terraces and like areas; provided, however; up to 200 square feet of this minimum requirement may be provided by covered porches,so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed Improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural j Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction ora dwelling has ;been commenced, it must be complete and ready for occupancy within twelve (12) months. i Weather permitting,all landscaping shall be finished upon completion of the dwelling, but in no event later than niiKty(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion,extend the time for construction, No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. .2- I I I i Book page 1178 0557 6.,�BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy a'nd breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot,taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwcllirig or other structure shall be erected or allowed to remain within thirty (30) feet of the properly line of the street abutting the front of a Lot. (e) No dwelling or other structure shall be erected or allowed to remain within eight (8)feet of any side properly line of a Lot. As to a corner Lot,no dwelling or other structure shall be erected or allowed to remain within fifteen(15)feet of the properly line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be ercned or allowed to remain within forty(40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the 'CAMA line') as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co.and NEW hereby reserve for themselves and their respective successors and assigns, aril hereby give, grant, and convey to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,rive(5)feet from the rear properly lines on Lots that have an abutting Lot to the rear, and ten(10)feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street,measured fifteen(15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association,all subject to rules and regulations of the Association; and (iii)other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such casements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners 3 . i�q' r t i ,t I ' took Paga 1178 0558 of same. Easements for drainage facilities, utilities and/or pathways along a property line of a street abutting any Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARYSTRUCTURESfExcept during construction when approved by the /- Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and nobasement,tent, shack,garage, mobile home,barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. - Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily,prior to completion and occupancy of the dwelling. 9. STREETS,FENCES,WALLS AND SIGNS: No street shall be laid out or opened across or through'any Lot,nor shall any fence or wall be erected or.allowed to remain on any Lot without the.prior written approval of the Architectural Control Committee. Except as required by law,no billboards,posters or signs of any kind(specifically including'for sale'or 'for rent' signs or posters)shall be erected or allowed to remain in any window, on the exterior of any improvement, or,f on any Lot, except (i) a name and address sign, or (ii) a temporary sign 1 reflecting construction.of a dwelling on such Lot by a licensed contractor, the design of which must be approJ I&,,by the Architectural Control Committee. 10. ANIMALS: No animals,livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs,cats or other household pets maybe kept or maintained,provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. - I L OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS„TRAILERS AND CERTAIN MOTOR VEHICLES: (a) j NAoat, bus,.trailer,commercial vehicle,camper, recreational vehicle,or truck larger thane half-ton pickup truck shall be parked for longer,than,twenty-four(24)hours on any Lot in such'a mariner as to be visible from the street; provided, however, such boat or vehicle may be parked.in a garage on a Lot if it can be Polly covered with the garage door closed. Violators may have their boats or vehiclestowed by the Association at the owner's expense, (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any.Lot in such a manner as to be visible from the street;provided,however,such vehicle may be parked in a;garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. , . :1i 1, .q- f t c i i r f� t Fi � f 1 � 1 i Book Page 1178 0559 (c) "The_Board of Directors of EtrYAssociation may provide a limited waiver of the requirements contained in subparagraphs am(b)above in its sole and absolute discretion, for good cause shown. i .: 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within '+ St.James Plantation in accordance with all laws of the State of North Carolina and any rules and ; regulations,which may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to,go carts,dirt bikes,and all terrain vehicles,shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and j development within St. James Plantation,or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenarc of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be g6verred by the Architectural Control Committee. 15.' 'O R CLOTHES DRYING STRUCTURES: No outdoor clothes poles, iclothes lines of iar structure shall be placed on any Lot unless screened in such a manner that it is not visible '.any.street, recreational area or adjoining property. 16. NANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris,rubbish,weeds,and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that or other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth In the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged In whole or in pan by casualty,fire,windstorm or from any other cause,must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four(4) Inches or over in caliper at four (4) feet high frorri ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior Witen consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. LAKES AND PONDS: The'use by any owner bra lake or pond is subject to rules and regulations'of the Association,which may include prohibition of use. 20.! IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lof,'including that portion of the right-of-way between the edge of the pavement and the front LkIL4, shall be covered by impervious structures, including asphalt, gravel, concrete,brick,, no,slate or similar material,not including wood decking or the water surface of swimming t:'No one may fill in or pipe any roadside or lot line$wale,except as necessary i y 5 , A : I r �t III a I,u ff P Book Paga 1178 0560 to provide a minimum driveway crossing. This paragraph is intended to ensure continued L compliance with the stormwater permit issued by the State of North Carolina and therefore may iV be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the }; available system for disposal of wastewater by Development Co., its successors and assigns,or �) another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co.hereby reserves,for itself,its successors and assigns, and hereby grants to the State of North'., "dine, the right to enter upon all Lots for the purpose of groundwater monitoring,inclu 1the installation of monitoring wells and pumping of water therefrom, and for remediatien. ses. This paragraph is intended to ensure continued compliance with groundwater nvle51 opted by the State of North Carolina and therefore may be enforced by the - State of North Carolina. v 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker('RCW")is recognized ass federally endangered species,and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree, No pine trees over three(3) inches in diameter at breast height, and outside the foot print of a house,driveway or road,shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners In St.James Plantation,the written waiver of such j violation by such owner or owners_shall also be obtained. The provisions of this paragraph shall not apply to paragraphs I and 2 where only the written consent of Development Co. shall be required,of Paragraphs 5, 6, 8, 9, 12, 14, 17 and IS, where only the written consent of the Architectural Control Commince shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. I 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons cl 4 ing under them for a period of thirty(30)years from the date these covenants are recorded, at) Which time said covenants shall be automatically extended for successive periods of ten(1 t rs unless an instrument signed by two-thirds(2/3)of the then owners of the Lots has been rec t,ed,agreeing to termirrate said covenants in whole or in part. Any termination of paragraphs 20.or 21 shall require the written consent of the Sute of North Carolina. ; 5 ;.. •ri _6 I " to � •, r i i a Boot Page 1178 0561 25. !��DMENT: These covenants may be amended at any time by an instrument It j .,.,,Signed by two:=lLirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial thirty year term of these covenants shall require the written consent of Development, Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall ire the written consent of the State of North Carolina. I 26. E RCEMENT: Development Co.,'HEW,the Association, and their respective successors and rgns, or any owner of a Lot,shall have the right to enforce, by.a proceeding at law or in equ -all restrictions and conditions herein'unposed,against any person or persons j violating or att'pting to violate the same,either to restrain the violation or to recover damage. Failure by anysuch emity or person to enforce any restriction or condition shall in no event be deemed a waiveitof the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. �;;• 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion or the Development owned by Development Co. i 28. SEVERABILITY: Invalidationof any one of these covenants by judgment or court j order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. and HEW have caused this instrument to be duly executed under seal,as of the day and year first above written. 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Ii ( I ::� • � I � r :n r i n 4 0 I 4 i. jPl I i fa fl u t,1 � Y >:: ` 1.^" 1.• e�� i �F( � 1 3'1'[r nrrJrN n , t 1 � Jlq -5 M1I1 1 . M1{..-. ...• 5 ! it :°J 1,,1 ` - fl YS/ S� _ .� �. 11•. y 5 - � I, •y it 1/ t Yti,, ,i•:: 4 �t ._•kl �� .;1. l J :' r t • .'�• ^h Y 1:11 C ry � 4 ' t t t rt i� A r 1 i � y d t1 r < Try t , 1 1f v u �rT'7 w rr \J' r Fs"S 'Arrr r r�� .. yi 7 is dL I$ 1 �ti 1 d f •I r t (��,, r � 1 • Fdlr ,IJ:: 0 1 v .N t '! • • • • • r . a t.,j,l t �p. • • � il,>� 1•< �t.,J' 1' vial. . t.l.' ( � d(�yri,•'..Z.:�;,{+ rl a it •. . . • : • 1 •.• !t Y'y<ry lrA `ir i. 1rb 1 11 1 C t 1 it L t tiF Sint! { 3 '. 1� t� 1 Ir 1 d x. rK Eryy o f 1 , ! b I r r' ♦ t r � t o '1 > �.'.l r v rf t Y1� r i n i . ...✓ ,..:', ..:: - 1 :, ,7i( .. { t. pF 1, `y Book Pa.;a FILED 1178 8 0566 BRUNSWICK COUNTY NC By. Prepared by: John A. McLendon,Jr., Esq. 10/22 97 22.12 PH Schell Bray Aycock Abel &Livingston P.L.L.C. ROBERT J. ROBINSON Register Of Deeds NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENA.N t:: : ND EASEMENTS FOR PLAYERS CLUB PUD SE0,10N 2 THIS DECLARATION OF RESTRICTIV t.COVENANTS AND EASEMENTS is made as of the /_" day of 19 9 I,, I,, `.:t'. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("tJt:v,a ,mtent Co."). Document k wr'rNEssETIi: 0000040 WHEREAS, Development Co. is the ow!•., r of certain property located in Brunswick County, North Carolina, and more partictilarl}• described as follows: All of those numbered lots sho,, ., c•. .hat Plat of Survey for Players Club PUD Section 2, which is recorded b '�!,q) Cabinet —4E—, Page //9 , Brunswick County Registry (said nn ,n.r. ;,,t, as shown on the aforesaid plat are hereinafter refereed to individn,. a� i "I,,4" anti collectively as the "Lots"). WHEREAS, I Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under thta `.1. :,,ir Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page Au-•, imnswick County Registry, as amended (the "Master Declaration"), and Development C't. the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1�J,Y , f'agc �, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. andt HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants,conditions and restrictions, which shall nut with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; RET L ,v.., W TOTAL �? lEV TC RED t_ ) .CK Ay�,TKN 9�a CASH__REP 1_Ey_ � Book Page 1178 0567 provided, however,that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting,all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion,extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans. and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. _ 2 _ Book Page 1178 0568 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for - 3 - Book Page 1178 0569 drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense, - 4 - Book Page 1178 0570 (c) The Board of Directors or the Association may provide a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No 'off the road" vehicles of any type, including but not limited to, go carts, din bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish,weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line Swale, except as necessary - 5 - Book Page 1178 0571 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors.and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house,driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co, may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation,the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs 1 and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds(2/3) of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - Book Page 1178 0572 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year tern of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: DevelopmentCo., HEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] X IDGCSH 41HEK1DEVELp1'COVINAHi.E - 7 Book page 1178 0573 ST. JAMES DEVELOPMENT CO., LLC (Seal) By*anager/A �thorized 1/� — (Seal) Agent NORTH CAROLINA BRUNSWICK COUNTY I, , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledg that he/she is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT Co., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WITNESS my hand and official stamp or seal, [hiss day of AJ9Q-7. (Seal-Stamp) pp � ;'PAu o N <<ti�'• Notary Public My Commission Expires: ;•t�0TARy +, i -- N:1%CCSUAM111i.H1UEVELO%COVFNASTi - Book Page 1178 0574 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY (Corporate Seal 1 Nkfce Pte4ident TEST ss' Cait'"Ses , ary NORTH CAROLINA COUNTY L tfw a Notary Public of the County and State aforesaid,certify that tally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. 1 WITNESS my hand and official stamp or seal, this `�day of 19 Notary Public jvly;Ccotrlmtss,lgn Pxpires: p n1'Pn 7 G lx ' IIIO V"�IIEWAEVELOP`<OVE4A.NT.I - Book Page 1178 0575 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee — Wesl r . Beckner NORTH CAROLINA COUNTY a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this i day of 19 I . (Notary Seal) Notary Public o-Q1Iy�Clctrrt�i�,s h-- -xpires r� STATE OF NORTII CAROLINA COUNTY OF BRUNS W ICK The Foregoing(or annexed)Certificate(s)of TraeE� L. ice' irorv>'1 Notary(ies)Public is(are) Certified to be Correct. This Instrument was filed for Registration on this a Day of D C'�hR_� �) 1997, in the Book and Page shown on the First Page hereof. ROBERT J.ROBEISONJ Register of Deed 119DIX5'JnAIpIEWDECELOP.COVFNAYi.2 - IO - Book Page 05l0 1178 FILED BRUNSWICK COUNTY NC Prepared by: John A. McLendon, Jr_tEsq. 10/22 99 12.12 PM Schell Bray Aycock Abel & Livingston P.L.L.C. ROBERT J. ROBINSON Register Of Deeds NORTH CAROLINA - BRUNSWICK COUNTY AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 2 THIS AMENDMENT TO MASTER DECLARATION is made as of the day of Gt (;eL , 19�, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited Iiabil. ty company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. Document # WITNESSETH: 000O036 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 2, which is recorded in Map Cabinet /E, Page //r/ , Brunswick County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 11fe , Page j ", Brunswick County Registry(the "Partial Assignment"); and WHEREAS,Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. RE TOTAL REV _:TC# RED f �_CK AMT ' l a6� CASH REF BY C Book Page 1178 0541 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify [ha personally appeared before me this day and acknowledged that he/sh a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. Xd WITNESS my hand and official stamp or seal, this day o 1922. 111111 „ (Seal-Stamp) �P�No</�c �� — NpTAI�� Notary Public My Commission Expires: —T— Ffi% C AM11111ENEDEVELONAN'KE%2 - Book Page 1178 0542 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. HOMER E. WRIGHT, JR., INC. (Corporate Seal) 0 --�� � '3ir'�S } s By: 311�tsOdN .• r0 President ATTEST: �rly7ftll y 1�X5„7� Secretary NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify [hat ( A personally appeared before me this day and acknowled d that he/she is e14 � Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its JL Secretary. WITNESS my hand and official stamp or seal, [hisQ_"day of�' (Seal-Stamp) .. wy J j Tko ARy,""t Notary Public My Commission Expires: 3 t A If, i r `g9 `- pry .�,. . �a,: 111ppE'SUAMINEN^pEVE1.0%ANAE%.3 - Book Page 1178 0543 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreementencumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute "Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY (Corporate SealJ/ ri y BY: tx1 t Vice resident ATTEST r. Assi rit Secre ry NORTH CAROLINA COUNTY I, a c„- , a Notary Public of the County and State aforesaid, certify that L' personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of �nrr� r-,v •r 19 q�. (Notary Seal) G, otary Public �� ` yfyrCortnin� lon:Expires: _ D H:IDO SVAbIMC ADEVELONANAE%.PC — 4 Book Page 1178 0544 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesle M. Beckner NORTH CAROLINA COUNTY CO ! ,)--oro,,,, a Notary Public of the County and State aforesaid, certify that Wes�Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this` day of S? r_v ,mhcr, 19`t� (Ncjtary Seal) Notary Public �1j CorhpGastc n Expires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of 4 v inn �r> i n n Notary(ies) Public is(are) Certified to be Correct. J p e v� 1997, This Instrument was filed for Registration on this Day of in the Book and Page shown on the First Page hereof. ROBS J.ROBIt SON Register or Du d- �— x�nac AM11(MD5VeL0nnnnex.2 - 5 - -- ..m . _�. ,x 3 i_-gg ia_ix, . - PIAT OF StAVEY fTJR y e w.zw.—I- `� �' PLAYERS CLUB PU➢IT TE,II N'x_'I" �a..ixv. SECTION 2 c a z 5 �x T( m— a�1..4-Tr i-]T. SETTIT'1- PIAVF115 cwe RIO ,�ORu ,o-,.nm�w mv�oie of mwmF" +wIuF iw_Nll aascx�o�mnry .^' .zm y Y v G°Cartl°f,W.aS Ix� 1.MIT III 1p1L. µ JOB W: 9T. 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ITT ��� uwc+ ......,niw,�m mn _- - '__—' vo ss», LLg,, i w•iY• r .w »• ia::v irisvi N i T., ii•a mi Ad@IPY sua6Y/A6 ,,. _ . ' •'• vee:n iv.a LIN m' m, ,..ss' w o'..^ .n•Sax •¢ury+m 3no,awzcim' m =m El 1.....n ss, v z5 m vex zx wz n c scs �:sso-m sn a� Cab,�et l9 /l9 �ia• aa• 97 u/a:dp.�,. a :? CIO Book Page FILED 1178 0576 BRUNSWICK COUNTY NC Prepared by: John A. McLendon, Jr., Esq. By. Schell Bray Aycock Abel & Livingston P.L.L.C. 10/22 9 112'.12 PH ROBERT J. ROBINSON NORTH CAROLINA - BRUNSWICK COUNTY Register of Deeds DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 3 - Plat 1 THIS DECLARATIONOF RESTRICTIVE COVENANTS AND EASEMENTS is made /'� as of the M day of\ {yJe ..f•e t 19D by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). Document y WITNESSETH: 0000041 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 3 - Plat 1, which is recorded in Map Cabinet I, Page LLj Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, Homer E. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book // , Page ��, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; RET t TOTAL REV TC# RED =CKAMT3t.°&#9Xc3 CASH REF BY CA'11, Book Page 1178 0577 provided, however,that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements: provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling,excluding open porches,terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion,extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - Book Page 1178 0578 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property Iine(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for 3 - Book Page 1178 0579 drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. 'TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OU'TSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 4 - Book Page 1178 0580 (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL,OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PO\I)S: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line Swale, except as necessary - 5 - Book Page 1178 0581 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house,driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER Or AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation,the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs I and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERNI: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty(30)years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds(2/3) of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - Book Paqe 11'78 0582 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that airy such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., IIEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11:\p005VAM1lIEWpEVELOP`.COVEVAM.: - 7 Book Page 11�8 0583 ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, .h a Notary Public of the County and State aforesaid, certify that _ personally appeared before me this day and acknowled hat t he/she is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WPI'NESS my hand and official stamp or seal, thine. day of 41&"1 19�2 (Seal-Stamp) ' 'OTARV %. E Notary Public G + My Commission Expires: ns '' ••....•"y, G f? K„�,pUNt I?AU06VA641ILxiDEVELOPCOV&VAFi.7 - Book page 1178 0584 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements,said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY �G�rporate Seal) , BY: ':, �• '��' ''s``���' tee 're ' ent n '.:Ass} ant Secre ry NORTH CAROLINA e ez.r COUNTY I, brae+ L . i� e a Notary Public of the County and State aforesaid,certify that L. .L.LOCI lk M-TfC personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this �`t day of�n r i G.r , 19`)_� . (Notary Seal) (ldl.yLsn--___ Gt rp„ Notary Oublic Q � �ytYc`pkltpt�ttln Expires: i 11:.D IJAMIH MW EVlLOPCOVENAN,2 Book Page 1178 0585 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee 4WcM. Beckner NORTH CAROLINA COUNTY I, r""4 a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and Official stamp or seal, this L day of .S 2�Jc„J r- Iq clr? (Notary Seal) 1 �-F- Notary Public 1lIv16t C/otS�ry�45�O)i;Expires: �,Ad'861C STATE OF NORTH CAROLINA COUNTY OF BRUNS W ICK � The Foregoing(or annexed)Certificate s of d JA(pn �r LL0— �TOu�n Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this a a Day of U��h 'C 1997, in the Book and Page shown on the First Page hereof. ROBER 'J.R01BIrjS0.Nj Register of Deeds II:,DWS'JAM111 M DEVEWP\COVE.VA.NTI Book Page 1178 0545 FILED BRUNSWICK COUNTY NC Prepared by: John A. McLendon, Jr.. Esq. By. Schell Bray Aycock Abel & Livingston V.L.L.C. 10/2297 12:12 PHROBERT J. ROBINSON Register Of Deeds NORTH CAROLINA - BRUNSWICK COUNTY AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JANNIES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 3 - Plat 1 THIS AMENDMENT TO MASTER DECLARATION is made as of the � day of ,.f:t„ 19�L, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. Document #t WITNESSETH: 0000037 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 3 - Plat 1, which is recorded in Map Cabinet , Page _L 0, Brunswick County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1/1JV, Page .�, Brunswick County Registry(the "Partial Assignment"); and WHEREAS,Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration,and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. RET -- �� Ts� Book Page 1178 0546 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) nager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, to a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged hetia that he/s Manager/AuthorizedA gent ofST. JAMES DEVELOPMENTCO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this day of.adAzx `� 19±-9. (Seal-Stamp) ,aa cr°yN 8p��vC. Notary Public My Commission Expires: NET 1R! �oiaal99 AVBLIC �'•�puuw •" ua�cesvnnuex+oevcinnnneex.z - 2 Book Page 1178 0547 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. HOMER E. WRIGHT, JR., INC. (Corporate Seal) ile tf��RIgH� IT 'r By: President �.�. A"I'TES'f: sf Secretary NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowled ed that he/she is /Z,,. j Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its Secretary. Q WITNESS my hand and official stamp or seal, this = day ofd��, 191-1. (Seal-Stamp) JI. 1. 5 0(/fie'' tLpTARyi LLA 84 i Notary Public My Commission Expires: o ' AU XG 129 . N WU SUAM111EW,DF.1'LLUMANNEX 2 - 3 Book Page 1178 0548 i BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. .; ,, :•. BRANCH BANKING AND TRUST COMPANY (¢or�ordte $et�l'� r BY: Vie es nt AT1�$ST As stant SeR etary NORTH CAROLINA COUNTY a Notary Public of the County and State aforesaid, certify that t n•ihd" Ii' personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of 19 (Notary Seal) Notary Public tc PSI j��C�t SniSs+o f Expires: IV:100 WAWIIEWDEVELONANNMK - 4 Book Page 1178 0549 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesl y V. Beckner NORTH CAROLINA COUNTY I, Eck �g L. � o � � , a Notary Public of the County and State aforesaid, certify that Wesley ` . Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this 0- day of 1 /�i wli 19- (Notary Seal) . 1!.C,I� k AS2rl•� 11 "' Notary Vublic t62y Y omrhls&r� Expires: oc STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK The Foregoing(or annexed)Certificate(s)of 1 YGC.�n L. tern �r� Notary(ies) Public is (are)Certified to be Correct. This Instrument was filed for Registration on this as Day of 1997, in the Book and Page shown on the First Page hereof. ROBERT J.ROBIIJSONJ Register of Deeds II IPCLSVAMIIE WOEVELOTAYf,'tA.l - 5 PUT or srrvcr FM a ^c a PLAYERS CLUE PUB f j alac I�SECTION 3 —9PLAT I �a y9 svuw No: sn«°ON nm I Iw:lOIwLV nO/1®I� .I/LI�A a0 IM aW Pi4Nf1[ INiRK015iN. :uiW.M un.ol X, I\\' s.iT¢�.alw[i0 1 E�R lul�iu�l�['Inl M Mm m¢I�WI ill_I • a�CAq D2 I V rsmlK lu:m.n v...[uam ww o.:mlssl r rlw® ViCINITV lIHP - MT TO ST.RI.E _ /y wmmrta rw mnwrz w.0 Inn. v n M SE/+L Ix u IR11nvIK mm.wn wrtlnva rxlaarui. �a ss.l 9 µy 1niLI.S NrtiIK.SIRr. L-J521 6.[.rwm am z.unz ra nlu..z z�n wa.wz[ono.:v.. �h d 1 yi y ..o. ��. ..v.. ?I'sy'�6o.•`• I .a ..I m wv ,LIB: •,she 31 A _ \ _. 9yr.0 ..'t 6 �4•1 j .n vl�p. L1 r.! v / ,[>t ' b.'L " ,.• ..ten, .+a' .u..,- ; � 1 3D I 3 c i9 f 10 s /u i b • 3 F 16m 6 l5 ll .n p ...nis. n:rt�.,a.n,a n..r. � / r � el C• Q� u.Y u� y/ // T Jy M.NVW ® oe i'—W �•L n a•• • / �M1� r my ru.Iz m xr xm®, m:[+..a ® FUSVIb(0M. •o anvrvlml omxNa ..........�..s.a..s..... ..a n.:." D.NL r. [n... .. r. .w,uvu�n m.Y[ Say. ID'S'il• IIP+in®2 Y X OwF iv• mAS IK LISIx6YEYT/C n'aV' : S' 6.Ni, g6,S11®LY.0 LRIIOrS �P 46;i1Cf 2 /�Q m ,>o.,, ,.is aa.-97 as Cr' Book Page FILED 1178 0586 BBRUNSWICK COUNTY NC 10/209 112:12 PM Schemed by: John A. ei & I lou, Jr.' Esq. ROBERT J. ROBINSON Schell Bray Aycock Abel & Livingston P.1—L.C. Register Of Deeds NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEiNIENTS FOR PLAYERS CLUB PUD SECTION 3 - PLAT 2 THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the Z�? day of by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). Document # WITNESSETH: 0000042 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 3 - Plat 2, which is recorded in Map Cabinet /y , Page/2--/ , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots") WHEREAS, Homer E. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book //7f , Page �Zy, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; RET � I -t- TOTAL aLfREV TC# REC# 11 CK AMTTY_°I`k# o CASH REF BY Book Page 1178 0587 provided, however, that a.Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RGSUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) reptatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCIIITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - Book Page 1178 0588 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage, and as to Lots 56, 57, 28, 29, 30 and 31 shall be Lenox Court. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other strucntre shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property linc(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as 3 - Book Page 1178 0589 to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any streei abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TENIPORARY STRUCTURES: Except during construction when approved by die Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS,FENCES, `,VALLS AND SIGNS; SCREENING ALONG REAR LINE ON CERTAIN LOTS: (a) No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or(ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. (b) The Owners of Lots 56, 57, 28, 29, 30 and 31 shall install and maintain landscaping and/or fencing along the rear lines of said Lots abutting Players Club Drive for the purpose of screening the rear yards of said Lots from Players Club Drive. The plans for such landscaping and/or screening must be reviewed and approved by the Architectural Control Committee prior to installation. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for convnercial purposes and further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. - 4 - Book Page 1118 0590 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup buck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No 'off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Stich rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 5 - Book Page 1178 0591 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the hots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecutionto the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation, the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall 6 - Book Page 1178 0592 not apply to paragraphs 1 and 2 ,where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall tun with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30)years from the date these covenants are recorded, alter which time said covenants shall be automatically extended for successive periods of ten (10)years unless an instrument signed by two-thirds(2/3) of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCENIENT: Development Co., MEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILI TY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11\DMSVn101f.".EVELOFCOVENANT,M - 7 Book Paqe 1178 0593 ST. JAMES DEVELOPMENT CO., LLC (Seat) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY 1, L' ,. " ���_ , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledgesthat he/she is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this�"'/day o4a /u,, 19Q�. (Seal-Stamp) �P Q' Np7AF�I, t Notary Public a ':pU B 1,1G i ci r My Commission Expires: : an ! y•? 1 I 1 OCY NAMIIWW90EVELOPCOVEKA\7.2 - " Book Page 1178 0594 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY (Corporate Segl) ( i / \ Y� BY: 4iceesr ent i,.,ATTES��✓ �� t t yt ^ . r ssis nt.Sec{et y NORTH CAROLINA COUNTY a Notary Public of the County and State aforesaid,certify that I_ /. . u0c di,t BUT personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of ) ' b;<r , 19 l�. 1 , of y tt�k Notar Public �00!J y y� pt�r�t�stvii Expires: 1 V : ' Iy n:rR. ILI�OCNAY'd1EWp6VElOP.COVE9MT,Q - 9 Book Page 1178 0595 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wes} y M. Beckner NNOOjRRTH CAROLINA COUNTY I, a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this l day of S 0 -)c (Notary Seal) J Notary Public t y�t,ONTy4 i�rtlTrtssio.n Expires: STATE OF NORTII CAROLINA COUNTY OF BRUNS WICK The Foregoing(or annexed)Certificate(s)of Notary(ies) Public is(are)Certified to be Correct. This Instrument was filed for Registration on this a Day of D in the Book and Page shown on the First Page hereof. � 1997, 0(rw�aE�. ROBER J. ROBI SON Register of Deeds 111DO VAI WEWDEVELO%COVEN. Ct - 10 - Book Page FILED Prepared by: John A. McLendon, Jr., Esq. 1178 0550 BRUNSWICK COUNTY NC Schell Bray Aycock Abel & Livingston P.L.L.C. By. 10/22/97 12:12 pM NORTH CAROLINA - BRUNSWICK COUNTY ROBERT J. ROBINSON Register Of Deeds AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 3 - Plat 2 THIS AMENDMENT TO MASTER DECLARATION is made as of the L?— day of 19 /c�), by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liabili y company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. Document # WITNESSETH: 0000038 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and in i ore particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 3 - Plat 2, which is recorded in Map Cabinet /9 , Page /L Brunswick County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book // f , Page i:�11 Brunswick County Registry(the "Partial Assignment"); and WHEREAS,Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration,and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. RET TOTAL �^ A REV CASH CK Qj Y.R#- �_REF ) - Book Page 1178 0551 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: —� (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, Cda. M , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she ' a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this daY of I9 9'. (Seal-Stamp) °NpTA1,/- Ud p f = Notary Public UBL1G : My Commission Expires: ick•... Nay 11'ADD6JAhWWW%DEVCWA ANNC%,1 - 2 - Book Paqe 1178 0552 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. �q9S H HOMER E. WRIGHT, JR., INC. (Corporate Sea fokpc A � X SEAL I3y: —� President ATTEST: Secretary NORTH CAROLINA BRUNSWICK COUNTY 1, , a Notary Public of the County and State aforesaid, certify tha t personally appeared before me this day and acknowle /she is �� . f Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its t Secretary. WITNESS my hand and official stamp or seal, this "'"'day of ' 1921. ,„W (Seal-Stamp) ;oP�N duc/tic', NOTA%_ . NotaryPublic My Commission Expires: ? °pU B I �G ` " N90CC91AM\IIEN90NELOMAYAn%.} - Book Page 1178 0553 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY (Cprporate,Seal)`._, BY: �'•7(f Vice President tf // ssis nt Secret y NORTH CAROLINA � I 1 COUNTY a Notary Public of the County and State aforesaid,certity that l.• w ',, T1S personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of 19 1. (N44gry Seal) O Notary Public t� RlnrMt1¢n Expires: Y.9DLf5VN11ilEKtUEvpLONAY.YFX.PC - 4 - Book Paqe 1178 0554 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee I/ Wesley%eckner NORTH CAROLINA COUNTY a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this day of -Sr 6-,-)e- her 192�- Notary Public Iv>y,Ogmmtsstbn Expires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certific"attee(s)of_ 1 Yl1 r'� •. I t�Yn) OQ Notary(ies) Public is (are)Certified to be Correct. � 1 This Instrument was filed for Registration on this D Day of l�l TZI�'1 0 ,� , 1997, in the Book and Page shown on the First Page hereof. ROBER 'J.ROBII SON Register of Deed 11:IDCCSVAYIIIE`MDEYEIAM,V.VE%,$ - �w wiz. muv� z wr n,.r wwn. P1AT OF 3SNEY FM FM. f - PLAYERS CLUB PUB a�m.i`w. SECTION 3 - PLAT Z m�'Im 4zLT.mi am:,a. [ T=wr .ss:.',`;.,1D:��.Eza-:7. szcTzw s Iwrinvmws um wv s. -. "ci it wr m: .a' .u...iiiiK muc wo»hnx:'."wmuwd u„ y a T M.. 19 7 �(�\�\y� ��a in �m+v:��4� �ro zo o ioo zro AnmTzc wmxasra. waTrmav s Yrta ss•:•1'E�(O( z� w.wrr�:c wi i vnowiss� VIC INI TV.YA- 1Q! 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S1cLendon, Jr., Esq. - ji,,.r Schell Bray Aycock Abet & Livingston P,L.L.C. NORTH CAROLINA - BRUNSWICK COUNTY zt i ,;'. RC01� DEEDS iiiP�SO4 DECLARATION OF RESTRICTIVE COVENANTS ANWN9 REGISFEIl(ffRJT§ N.C. FOR PLAYERS CLUB PUD SECTION 4 THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the /, / day ofr. Ly✓G„ 19� ;�', by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited_liability company ("Development Co.,,). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 4, which is recorded in Map Cabinet c7C , Page� Count Registry g �_. Brunswick Y g� y(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, Homer E. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book , Page J`% , Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; RE �Myk k�L,f 4 . TrTh1�t��itEV —TC;#3��1 RED --A CK AMT_CK" l CASE REF,_____BY ,C DK 1 229 PG0943 provided, however,that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RE,SUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling,excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - V 1229 ?GO9:44 6. BUILDING SETBACK AND PLACEMENT: So that the maximumbalance'of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "LAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for 3 - 1K 122.9 PZ0945 drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. - 4 - DK ! 22;9 N0946 (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, Flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary 5 - K 122-1 n0941 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation,the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs I and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30)years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds(2/3) of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - I DK 1221 PG0.948 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., HEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] NAOCCSVAM ME\NpEVELONCGVENAAT.2 7 - dK 1229 PG 0,949 ST. JAMES DEVELOPMENT CO., LLC (Seal) By' (Seal) t anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY a Notary Public of the County and State aforesaid, certify thatisc� a� personally appeared before me this day and acknowledge-dthat he/she is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WITNESS my hand and official stamp or seal, thi o_ day of4e r 191-. I11.11... (Seal-Stamp) c t — Notary Public My Commission Expires: ;Gh' • �Z"u/49 r.nnNtJ II:IDCXSUAWXEw DEVELOTCOVENANT? - 8 - EK 1 .229 PG0950 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security 'agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY (Corporate Sel) �I _�. Aident BY: ATES�� elr E<: Assi an Secret NORTH CAROLINA COUNTY L a Notary Public of the County and State aforesaid, certify that . r_ ��Ir:';,-+-'UT personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this f`l day of&'<;-')e -j °r 1911 . (Notar_y,#a]) = Notary Public My'�omIrii3%n Expires: tl Li B ` H\OCCSJAMIIIEN,UEVELOPCOVEVAhT.] - 9 - DK 122'9`:PGQ9S 1 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee We ey M. Beckner NORTH CAROLINA �r COUNTY I, t `3L _. �;Xc ''— a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerome C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this I`� day of 19�1, (Notary Seal) / 1i II :;. Notary Public :.; 'My;:Qgmrmission Expires: L � STATE Or NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of Notary(ies) Public is (are)Certified to be Correct. This Instrument tvas filed for Registration on this Day of 1�/✓�P in the Book and Page shown on the First Page hereof. , 1998, ROGER• J. ROBI SON Regis ter ofD ds I1.%D00 AMIH ENIOEVELOPICOVENANT.! - IO - Prepared by: John A 4' 3K 1229PGO952 McLendon, Jr., Es FiLEO j. iliiSTftC,ilON Schell Bray Aycock Abel & Livingston P.L.L.C. NORTH CAROLINA - BRUNSWICK COUNTY d 1 7 1"19 3: 23 J. REGISTER OF OEEOS AMENDMENT TO MASTER DECLARATOO RWS''iIO7 COU4TY. N.C. COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 4 THIS AMENDMENT TO MASTER DECLARATION is made as of the /�_ day of G 19/1, by ST, JAMES DEVELOPMENT CO., LLC, a North Carolina limited liabi�ity company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: `6 All of those numbered lots shown on that Plat of Survey for Players Club PUD 9�.5 Section 4, which is recorded in Map Cabinet : O Page �� Brunswick �?JG County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book -�C Page ?o_ �T , Brunswick County Registry(the "Partial Assignment"); and WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration,and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenant s�c, nd, oa restrictions contained in the Master Declaration. RECIE _—CK Ab4T 6K ! 229`PG0953 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of thelday and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/sh ' a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, thisA2`" day o . 19 9-7. •\\1111111.1 .... (Seal-Stamp) O ......B..C//1,0 qQ NOTARY CD p pU B L%G Notary Public --- : 0 My Commission Expires: s '... ........ MMCCSUAMINEMDEVEWP1 ANNEX 1 - 2 - DK 122.9 PU954 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. ��4filg�0A HOMER E. WRIGHT, JR., INC. (Corpor ° 4 President ATTEST: �;�st Secretary NORTH CAROLINA BRUNSWICK COUNTY I' _, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its Secretary.WITNESS my hand and official stamp or seal, this day ot`J44 , , 199,7. (Seal-Starr s N R Notary Public My Commission Expires: 83 ( A /r� ���1��'.•: N:\pCCSVnMWENtDEV ELOPnNNE%.3 - 3 - IK 1229 PG,o9.55 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY (Corpocate.Sea] `; ; BY: l s Vice President ATTIsST `,. i.. /v- sist t Secret NORTH CAROLINA �j 'f COUNTY a Notary Public of the County and State aforesaid,certify that L . U• v,ic:� -'F. personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signets in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of)c�;^Jc-.YJ 19 �. Notary Public ' =•,'Mgihnlssioit.Expires: 0 0 II:IDGCSIAAl111EWDEVEL�PIANNEX.PC - 4 DK 12 2 9 PG095L Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesley p eckner NORTH CAROLINA c, "t COUNTY I, )r"u-, L • a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this (� day of 'i (No'taTy u )%' �t cacti;; ; . Notary P blic o MyEdmmsibri Expires: Ay. iti,alc i-a' t, >t,- y 14, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of1�11:�Ujn �16b�i op I r aCt L. r of vr� �I Notary(ies) Public is (are) Certified to be Correct. �7 This Instrument was filed for Registration on this I I Day of 1998 in the Book and Page shown on the First Page hereof. — 6Vwoo+�_.. ROBER 'J. ROBII SON,RegisteroPD eds H9DMUAMIHEMDEVEL0MANNE%.2 - S - ..vn�.. nnn •• vr,u.,w<rw.rn,r nux irw.0,s.N I,a ru.m,wrvm ma. PLAT OF SIIINEY FOR f :a=.w-,„.. ,..�.„,.-,no n,Nm ,N,�„ten Nawnr PLAYERS CLUB PUB t - . SECTION 4 t p e '•"^ •• SN,S IT ATTF L iwrs,HP ewm vIT,r Ni+1° >6a 'S y Y xc*m^E mec"'w:91Ns. ririu x"'°m,. xN 1. 1. A HOT A71AHTIC HNTWV TAL am ivnn. Tr.iiQTa; nnsau,'IT I-H T.IT-- a,m aT—N., VICINITY MAP - NOT TO SCALE //,ec•t 0.l �9 I ' sus�l\\Ie-J5~P I < a. I na ,¢ SL 5 TmN o sxis u.. Att ss 12711 ui snmx I wv rnurt n.rm z,nu..m —s m i nm til➢. —� ;�A� a,. 3� x,o uroau F I r °Y�- 30,, �A / `°.°j• _____.— H�TAgY .om '/ x /(Az 'u ••� �r..i-,.—i __• _ `�\''U�'u dd,, cc. .d:4` iF Ii ,�:S -r�ruv:e[:w,. � wn "�mmN '— n' NITS , nisa ot� . e LIc I , STAM OF NONIX C4IOUN. \. z i! •n 4 ',' y -n'x .g n COVNTY OF BIIUN9W,CN ($�4 b ems(.' « �O g I �'. ^ t3 = I F—Or.a w.i..oT—�n.w,a n..cw rm� '410. 2 eC T as�-u ,]a .wvxM1.nN ae W.,m.n�n nn an �. \3\ �� i 't•bF Y\Z uw.�.e....x.x. m,. 30 l '♦ '.a' I6 8� LHA Vs 33 ....a...s,...�.,,.,.n: IS S9 9 F , T—mTS maiu-,m, Jf ♦ +.0 rw raid a co, zO C'11 ��:cwom, T. —HA ,N,:o„ u,.:x n ysower/re E M nUETS x A'r'S' .wxN .a 1�,IIM21pI5 ,. . zzwIS ,. 3ascc ww cr�m-r r. ,mo.o. TT.m az.«. S w w .zIT m.00 no. n„ ..�... coc tlont mc. a.es mNPc� g�N� T 3ku - 59 3.aavro-- al.co U - 17 -t7P Ckl l �� I ? 4,0 PG031 0 FILLO FOR REGISTRATION Prepared by: John A. McLendon, Jr„ Esy, OrQE TIME Schell Bray Avcock Abel & Livingston P.L.L.C. 118 AUG -4 All 10: 48 NORTH CAROLINA - BRUNSWICK COUNTY RGOERI .1. r:oBINSUiI REGISTER OF OEEOS DECLARATION OF RESTRICTIVE COVENANT'S ANP 0% N.C. FOR PLAYERS CLUB PUD SECTION 5 THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the h/ day of ,j a,��j,.,.,%rq , 19 ?, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). WITNESSETH: 0 G-0 ZS- WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 5, which is recorded in.Map Cabinet �O , Page I'% I , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, Homer E. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book Jc:) , Page, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; UP r tl Q� QK 1 ' 40 PG03 I I provided,however,that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants.herein shall apply to each lot so created. 3., NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling,excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been,commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Conunittee may, in its sole and absolute discretion,extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - 3k 1240 PG0312 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other stricture on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8)feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall he erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities,and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for - 3 - 6N; 1 2140 PG03 13 drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor ]ionic, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES,WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 4 - BK 1 240 PG03 14 (c) The Board of Directors of the Association may provide a limited waiver of the requirementscontained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No 'off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish,weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary 5 - HK 12 Ll 0 PG 0 315 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation,the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs 1 and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty(30)years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten(10)years unless an instrument signed by two-thirds(2/3)of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - 0PG0316 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., HEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WIIEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] WkDKNWl I EW DEPF.LOPCOVENAgld - 7 BK 1 2140 PG03 17 ST. JAMES DEVELOPMENT CO., LLC (Seal) : (Seal) :;OanagerlAutl�iorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, (mil, 1�_ , a Notary Public of the County and State aforesaid, certify that � �J1� g.� personally appeared before me this day and acknowledged that he/she is a Manager/AuthorizedAgent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this Z�? day of ' 19q'2. •.P�tv tsp��ry. (Seal-Stamp) O Notary Public is . AVeLtG . My Commission Expires: '�`•., <',' q CD�1N,o ILIOOCSOAM\II MDEVELOP.COVE`IA.W.l - CE DK121, 0PG031B BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes securer( by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND 'TRUST COMPANY (Corporate Seal) / BY: \J l) } Vice P�sr nt t5:' etary'` NORTH CAROLINA c':� t-u. COUNTY a Notary Public of the County and State aforesaid,certify that_L_ I-,. c; TIT personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. c ; WITNESS my hand and official stamp or seal, this �11 day of '\ 1 I1111 Jw eJ �C1Cc � �iJ Notary Public M" �ommis�lan�zpires: 'H TICNAMIRMDEVELOMO\'EVANTA - 9 - BK 1240 PG0319 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee J Wesley) eckner NORTH CAROLINA ��--- COUNTY I' Ca.ci a Notary Public of the County and State aforesaid, certify that Wesley Beckner, Substitute Trustee for Jerone C. Herrin before me this day and acknowledged the execution of the fore oi❑ r Personally appeared g g instrument. WITNESS my hand and official stamp or seal, this �/ day of�)r,o-)1%1..�•� 19 1V) (IVglary Seal) t �?9 �8t�rftr5ibkr Notary Public Expires: .r r STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed Certificate(s)of Notary(ies)Public is(are) Certified to be Correct. This Instrument was filed for Registration on this�pay of �V11. t 1998, in the Book and Page shown on the First Page hereof. BICt\ROBRI SON Register of ed BK 1240 PG0320 Prepared by: John A. McLendon, Jr., Esq. - FILUED FOR REGISTRATION Schell Bray Aycock Abel & Livingston P.L.L.C. NORTH CAROLINA - BRUNSWICK COUNTY 98 AUG -I, AH 10: 48 RGBERT J. ROBiiiSON AMENDMENT TO MASTER DECLARATIO.B SWICN COUNTY N.G. COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 5 THIS AMENDMENT TO MASTER DECLARATION is made as of the day of ,f,i,-Lq:t , 19 ?9, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: 006026 WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUT) Section 5, which is recorded in Map Cabinet a0 , Page /-11 , Brunswick County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Booko2 O , Page 1`]1 , Brunswick County Registry(the "Partial Assignment"); and WHEREAS,Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. rc� ,. nne00 C� Co 6X 1 240 PG032 1 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a ,Ally. a Notary Public of the County and State aforesaid, certify that n personally appeared before me this day and acknowledged that he/sh is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this��+ day of 199�. (Seal-Stamp) NDTARV w pUBL��' " Notary Public My Commission Expires: 9J"'�, '..••...... �y= X:1000NM1IXEWDEVEL4)1ANNIXA - L - Bh' 1240 P60322 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. HOMER E. WRIGHT, JR., INC. (Corporat S� FAL ATTEST By: ��reside n`t -� Secretary NORTH CAROLINA BRUNSWICK COUNTY II , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowled d that he/she is Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its Secretary. WITNESS my hand and official stamp or seal, this day of4 , I9q''I . (Seal-Stamp) `oP�, u V`//✓G AV B t; f c : Notary Public My Commission Expires: G2 '•., ;,r�,' /aa�99 K couN ,III••`'' X:1DXWN ISXMPEVELOY NE%.E - 3 OKI240 PG0323 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY Y 0\ j {CoXate=,S'�aI ' u� t at Vice Pre dent ssis t Secreta NORTH CAROLINA COUNTY I, ant �r�w^ , a Notary Public of the County and State aforesaid,certify that personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this =l day oQo-o4�_� 19 `3) (Notary Seal) �`' p f% t�'• ,`Z Notary Public Iyfy`Cdatr3tiuss}qn xpires: �$I'crfua�^�S ,•r� t, _ H:VpOGNAM\HEIN'JEVELOPUNNEX.K - 4 - BK 1240 PG0324 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesley ckner NORTH CAROLINA Pc cLer COUNTY I, 1 ra 4 1 . o , a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, tlus�� day of 5e P L 19 T� (Notary:Seal) Notary Public t 1 t) fIVlyl Co-ir'tMission Expires: .r, STATE OF NORTH CAROLINA COUNTY OF BRUNS W ICK The Foregoing(or annexed)Certificate(s)of CG r Notary(ies)Public is (are) Certified to be Correct. l This Instrument was filed for Registration on this "T Day of V I998 in the Book and Page shown on the First Page hereof. C ROBER 'J.ROBI ON Register of De&W H:IDC W"%HEVDEVELDM4NM2 - 5 - 2� 29 PLRi OF SURVEY FOR ' R PLAYERS CLUB PUO }� / IT ® SECTION 5 ••••.,..r `IF - _. •• , ••I.n .o TK.arK unwiui iw:mri`v`r ewrw`o".vF."yOO '' � = • ' ,.....m.,.rrw..... r.., rp, ws _ s4.riz r4Rnr[-El rrn yfni9r ..,.., . urr.- . . Z. rti: sxx., rlav wo:. I LIT I. ♦w—..n.w.r.�'.<`sn RUL/ m xMr p VICIINITY MAP tO SUFLEE ->M]i-Li mI I I,— QL�F� 0 wi mn I I I- T.i —T rs m I..,wr 1= y\ •,V•• *n 'n• \ I i I 4 �Ip¢ IT, —.r.. \ �[1,� •rG av �\ /r mmmT I �-// 1 8` ✓ ] J � 39 q 32 $. C•Yv /e' 'fibs x`9 "' *• _ 'z z ua _ c,. v.p 'ryes• 31 > R' yQ9 $•/�f'f a.. CS 10 �� yi F n �rx ..q ♦z 'x �.r.e a .j. 8ti '>82 /O,✓f e 9 �� ��� 13 8� 13 4e 11 ^j 1y lfi 1] /A• r g/`TES r'!•` `Tn` ` .i..me C ll 3rFIT .riu. .n[LL.xD ra FV i t oNr, l r /� eN.S, d' �J.c':•::�g.4 / +5 r wvi.�[[rrnr x .ra em mM1 4Ls n 0 r., FF Nd1£NRY SUR✓£Y/NL ..c mius l.c r Lu<r. ,-:,EL -1 -lu 1— r LF11... . t.r IF.r. nm nm a s c c om.cL 06 eGtl.'.o-aE m4 rn Gab., , ,-Pg9ee, ]LI29 -Z3-99 a'. 31 rn 60 cJ BfUOdlar;< CnlJii� 5L4f '_,i P—da oba.-h J. Ro�inson Prepared by: John A. McLendon, Jr., Esq. Ins+, k3'1e3 Bo�;< 1291 Fan= ll9 Schell Bray Aycock Abel & Livingston P.L.L.C. 03/31/1999 02:19pm, F. qf')4 NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 7 THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the 31 't day of O1 rc�, 19-12, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 7, which is recorded in Map Cabinet o21 , Page 7, Brunswick- County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, Homer E. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book Al , Page ' f# , Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants,conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; 3Z-Ctl�� � .AM1L-f CKOa59 provided, however, that a Lot maybe used as a temporary sales olhce anu/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. Ilowever, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any' Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - k $ybe boo!: 12:IG'aoe: 12- 6. BUILDING SETBACK AND PLACEMENT: So that the maxiin un balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i). easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting,streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities trust be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for - 3 - ?. a 01 �-g Book 1291?age: _ drainage facilities,utilities and/or pamways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEb'IPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANINIALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. - 4 - :ns- q uo Book, 1291Faee: (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any Hiles and regulations which may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four. (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary 5 - 'nst B&le4. 12' !Page: 1?4 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may he enforced by the State of North Carolina. 22. ENDAINGEREDSPECIES: The Red Cockaded Woodpecker("RCW") is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation,the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs I and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERrNI: 'These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30)years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10)years unless an instrument signed by two-thirds(2/3) of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - _. sg k 84,� Scot: Y�9Y F'zce: Y^_5 25. AMENDMENT: These covenants may be amenaea at any time oy an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be property recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., HEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] H:I C YJAMIMEW DEVELONCOV'E]AAi.: - 7 - ST. JAMES DEVELOPMENT CO., LLC (Seal) „z+ n P,452 Book. 1291Pa;e: 126 By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, d y A eli K� , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowled that he/she is a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent- WITNESS WITNESS my hand and official stamp or seal, this�'� day of� 4Z/ 192j. �N Bok". (Seal-Stamp) ?� pUBI �G Notary Public :''Z�• My Commission Expires: r .. ��y,; MkDXSVAWHEN DEV EIAPCOVE9A'i.2 - 8 nst " 2460B Book 12?1Faae: 127 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY (Corporate Sell) it '.�` Vice President ATTEST.`',�'4 ssis nt Sec NORTH CAROLINA t,• �..; COUNTY a Notary Public of the County and State aforesaid, certify that i . .. ._r t3 r.+ 11. personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, thisi) day of`�V"4e-"- 119`1�. (Notary,,Seal) Notary`public v1y Cmbiiii9i6n Expires: 10D0 WA%W1Ex\DEV'ELOPCO%E.NAOT.] - 9 - r g4F2 9:0o!: 1251Paq': 125 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesl 7111Beckner NORTH CAROLINA COUNTY I, VC,(,I L. f�"D a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this I 'I day of I q `1 — �---' — (Notary.Seal) - l ti: ,.t t =, ': Notary Public F^r orftmission Expires: 67 STATE OF NORTH CAROLINA COUNTY OF BRUN'SWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLINGL YrzCy (_ �YOWn Notary(ies) Public is(are) Certified to be Correct. This Instrument was filed for Registration on this 31 s t Day of March in the Book and Page shown on the First Page hereof. 1999 ROBERT J.ROBL SON Register of eec N.IO WOOHEWDEVELOPCOVEA\T.t - 10 - Bruosic:: County--Eeai=ter of Deed Book. 12"g1Paep 129 Prepared by: John A. McLendon, Jr., Esq. '7-=!%1999 02:IIpm RecH g3oq Schell Bray Aycock Abel & Livingston P.L.L.C. NORTH CAROLINA - BRUNSWICK COUNTY AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 7 THIS AMENDMENT TO MASTER DECLARATION is made as of the 3/ day of 1991 by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liabili y company.("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Bntnswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 7, which is recorded in Map Cabinet .�), f , Page �7J4 , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book a( , Page 74 , Brunswick County Registry(the "Partial Assignment"); and WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may amtex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. DET —7T�—Y C t1 1l_�ru412-Sc C I rct r 84E; BOOK 12?1Parge: 130 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) anager/Authorized Agent NORTH CAROLINA BRUNSWI K COUNTY I, , a Notary Public of the-County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/sh . a Manager/Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instnument Was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this clay of, _ d� I9�L. (Seal-Stamp) X,�OTAR, r Notary Public 'rill My Commission Expires: COS'"� H:%QO SVAF[IHEMDEV ELOM\NCX.] - ` To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be dul ecuted under seal as of the day and year first above written. tia;Y�irG.i.,ev` HOMER E. WRIGHT, JR., INC. (Corpora[ t?CP A l By: N.r,� President ATTEST: / l __A Secretary nook. 1291Pa9a: 131 NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledg that he/she is Secretary of HOMER E. WRIGHT, JR., 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 seat and attested by himself/herself as its Secretary. WITNESS my hand and official stamp or seal, this'VL day of 192!2. (Seal-Stamp) Jw�N BOA/�c i Np7Apy- te44 — _.a :.pVg�1� i c = Notary Public My Commission Expires: y '•., f "... �".... T 10 DO ''AM N EW.DEVELOAANNEVZ - 3 - BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumberinu the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration, BRANCH BANKING AND TRUST COMPANY (Corporate Seal) BY: Vice Presi ent ATTEST: �L ssis 1t Sec Ir,sr n B4n9 Book. 1291Pacc: 1e2 � ret NORTH CAROLINA COUNTY I, r" ` ' L ��r c a Notary Public of the County and State aforesaid, certify that l_, l.._ _ _=i_\. personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of`':( io-- 19 (Notary Seal) l , . Notary P` lic , My Coiilmipl& Expires: HppIXSU�Mu1Eu1DEVELOP.n.�'.V EF.IC - 4 t� R,459 Boa'. ,251Page: 133 Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wes, y M. Beckner NORTH CAROLINA " COUNTY a Notary Public of the County and State aforesaid, certify that Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this (� day of Sr.o ) 5--, 19`t'7 (Notary Seal) \ Notary Public 'e_•'N%-iComut[s§;bn Expires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)CertiLcate(s)of DA4dPl BOLINGI RP.CY L BRU&I Notary(ies) Public is (are) Certified to be Correct. 31t March This Instrument was filed for Registration on this s Day of , 1999 in the Book and Page shown on the First Page hereof. �° 1 I&� ROBER J.ROBTrISONJ Register o De LiDCfAlafnHFVdDECFLOMv.vE%.i - 5 - """""`�"" `• ,n[ 1G1w 1 +I..rn PLAT OF SURVEY FOR PLAYERS CLUB PUO SECTION 7 $"n [, ii i-IL,�i:'Inmi.'s.l—: l.:vn �oe'w. zae'i° riaorze"'ow. ru.[As'a 100 50 0 loow zoo <na�.l,lc:..-I�,vams.nL ww— ,�[GPHOL \V ^e,Tr1.,, un. RRR VICINITY MP - NOT TO SCALE AL V I/,aLS-.1S21 �\ �t e. nu wnn mo sn[r+s ` .e in. � u ♦b� `� 321„'a28� cwrae m.M.e uu.a.[ �.�,.....,.�--_ 1 Noun `�,st ,a �;,.'�•',. � se s sa,,s,. :o w IT I FIX —TI 17 F si u dy Lamy ,. NT IT— `.....s. �+.n-...ewn nn.n.. h•ey. 35 SRII _ 2® nEL Is v.0 v.m aun ni.m,,.ur d �4\H •... n5 B J`Si Ste`• v ytr a +c m t '/ x \\ i +m[,—T,..A. •_=........o..�,...-_ /es/ 11cNfNRY SL{PVEYING 15 m n[L i�M1•••� n¢mwm[mm swrtras . a v n xe. - r— r[[: map Coab� ne+ 21 -?age- -1 3- 31-99 0R_39- -pM _- Brunswick county--Register of Deeds Robert J. Robinson Prepared by: John A. McLendon, Jr., Esq. Inst 910839 Book 1296Pag_e 877 Schell Bray Aycock Abel & Livin,sron P.L.L.C. 04/23/1999 02:33prn Recto 41 q NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 8 TIIIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the�3 t day of A p Li _, 19 7 by ST. IAMES DEVELOPMENT CO., LLC, a North Carolina limited- liability company ("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those rcmbered lots shown on that Plat of Survey for Players Club PUD Section 8, which is recorded in Map Cabinet -�/ , Page A 9, Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, Homer L. Wright, Jr., Inc., a North Carolina corporation ("HEW") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book /0)// , Page /30, Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and HEW, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE,Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; 4ET TOTAL _ •PEV— TCk RECte_CKAMT_LI C _KJC1 3 CASH _.,,_. REF-- B1 / \ provided,however,that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DNVELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling,excluding open porches, terraces and like areas; provided, however, tip to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No• mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee. of St. James Plantation Property Owners' Association, Inc. (the "Association"),prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting,all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be Occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - Inst It 10839 Hoak 129GPage: 878 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellines on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i). easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association;and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for _ 3 _ Inst B 10839 Book 1296Page: 879 r drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEJ4PORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind'shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 4 - Inst ll 10839 Book 1.296page: 880 (c) The Board of Directors of the Association may provide.a limited waiver of the requirements contained in subparagraphs(a) and (b) above in its sole arid absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No 'off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Conunittee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four. (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. INIPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimtning pools. No one may fill in or pipe any roadside or lot line Swale, except as necessary 5 - Inst 4 10839 Book 1296Page: 881 to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued.compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGEREDSPECIES: The Red Cockaded Woodpecker("RCW")is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation, the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs 1 and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. MUM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds(2/3)of the then owners of the Lots has been recorded,agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. Inst # 10839 Book 1296Page: 882 - 6 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., HEW, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Inst # 10839 Book. 1296Page: 883 N:'.D0.kJnA1111 IDDEVELOMOVESAN. - 7 ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) /mag6erl�Authorized Agent NORTH CAROLINA Inst # 10839 Book 129GPage: 884 BRUNSWICK COUNTY h a Notary Public of the County and State aforesaid, certify th a6� personally appeared before me this day and acknowledge tat he/she is a Manager/AuthorizedAgent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager/Authorized Agent. WITNESS my hand and official stamp or seal, thi `O�day o4�� 1921. (Seal-Stamp) d 0 . r1pTAF� 't Notary Public _ Y My Commission Expires: Gt;pV BL1G 2sNf/C .0 0 , ,�y`2,. H9D SJ&%RHMDLVELORCOVEHAtt. - `• BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY 4Corporate Sear / tit ` .;!� � BY: 716 cVo1�� ire f t Vice Presi6L de As" tanrSecret Inst M 10839 Book 1296page; 885 NORTH CAROLINA COUNTY 1 �\L a Notary Public of the County and State aforesaid, certify that �- t- r:Jh personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this G! day of Sir 1 , 191 -1 (Notary Seal) Notary Public ` My Commission Expires: H\' SdM%EEA1DEVEWICGVE.V/.HT. Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Wesley I. ecl;ner NORTH CAROLINA COUNTY I, —� n c �_ c a Notary Public of the County and State aforesaid, certify that Wesley MAeckner, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this LL day of 5_e� �< 1 19�1. C"a �F + Notary Public V.r�r ty�COfrimtsSion Exptres: �'`4�o9ens Inst 9 10839 Hook 129613age: 886 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of ROT SNC;T I r c,cy brown Notary(ies) Public is (are)Certified to be Correct. This Instrument was filed for Registration on this Day of 11999 in the Book and Page shown on the First Page hereof. `' r ROBER J.ROB]PgSON Register of be&EH H:\PX6 A f.HEW DEVELOACOVEX&tt. - to - Brunswick County-- Register of Deeds Prepared by: John A. bfcLendon, Jr., Esq. Robert J. Robinson 1296P e 872 Schell Bray Aycock Abel & Livingston P.L.L.C. Ins 0 Book 838 Q 04/23/1999 02:32P° Rec# G� NORTH CAROLINA - BRUNSWICK COUNTY AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. ,TAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 8 THIS AMENDMENT TO MASTER DECLARATION is made as of the clay of —Ft rl _, 19j�, by ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company ("Development Co."). HOMER E. WRIGHT, JR., INC., a North Carolina corporation("HEW")enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that Plat of Survey for Players Club PUD Section 8, which is recorded in Map Cabinet �-) I , Page /-�2� , Brunswick County Registry(said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, HEW is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Dec]arant's Rights recorded in Book/c�% , Page 30 ,Brunswick County Registry(the "Partial Assignment"); and WHEREAS,Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration,and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of HEW in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and HEW has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. }�- ILA DET TOTAL.�.Z REV REca 39 CRAMr Tc7r l�l.�'K,y 6 CASH REF_.. - , --• BY IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) By: (Seal) agcr/Authorized Agent NORTH CAROLINA Inst H 10838 Book 1296page; 073 BRUNSWICK COUNTY I, Qa&- . V1 a Notary Public of the County and State aforesaid, certify that Id �_Y�j r ng,�_ personally appeared before me this day and acknowledged that he/sh is a Manager/Authorized Agent of ST. JAMES DEVELOPMENTCO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself/herself as its Manager/Authorized Agent. WITNESS my hand and official stamp or seal, this,;92!t'day of I9Q?. (Seal-Stamp) ;OPEN 9oCiNG {Np'TA%- Notary Public d 'tp�Bl �Gr CS o - My Commission Expires: G /&�2 /99 a7Cx co��'?,,, HADQ'.NnMHIEvnDEVfLOM.W'E.¢.iC - 2 To evidence its consent to the annexation effected hereby, HEW has caused this Amendment to be duly executed under seal as of the day and year first above written. HOMER E. WRIGHT, JR., INC. y�1RlCAdyT (Corpor q O ^irt?0��7£ i By: ���' President :� . ATTES i 1&r Secretary Inst N 10838 Book 1.79GPage: 874 NORTH CAROLINA BRUNSWICK COUNTY 1, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledg that he/she is 4Qa ! ,, Secretary of HOMER E. WRIGHT, JR., 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 himself/herself as its Secretary. WITNESS my hand and official stamp or seal, this g� day of 1912. (Seal-Stamp) :oPvtN 4/ NOTApv Notary Public My Commission Expires: ' `.AUBL�G `•' r mlC: M9>OCSJ6NlgEWOEV ELOPAYyE%.E� - 3 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Amendment to Master Declaration, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY (Corporate'Seal); . BY: rt .. Vice esident AT.T> s` stant5ec A r tary Inst g 10838 Book 1.296Page: 875 NORTH CAROLINA COUNTY a Notary Public of the County and State aforesaid, certify that �. - �1 r T personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this 1� day ofsor)c I.'� , 199ri (Notary.Seal) Q t Notary Public t Myo ommtSsiott Expires: ',CVCSv\I\IIEW�EVELOP�\'�'E%,PC - 4 - Wesley M. Beckner, Substitute Trustee for Jerone C. Herring, Trustee Tnst N 10838 Book 1296Page: 876 _J Wes y . Beckner NORTH CAROLINA �E Ls COUNTY a Notary Public of the County and State aforesaid, certify that Wesley NY. Beckrter, Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this day of=�R���n<<�i , 19 (Iv'otaCYfsSPI) r r . �,•U l r 'I 1� _ Notary Public My:Commtssisin_Expires: AU � 1 �� ti I STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK ' The Foregoing(or annexed)Certificate(s)of DAt*] ii89LTNC TIt C'Y t BROWti - Notary(ies) Public is(are) Certified to be Correct. This Instrument was filed for Registration on this 23, d Day of Aar , 1999 in the Book and Page shown on the First Page hereof. R013ERT J.ROB JSONJ Register of ee s N;DpCNA\I'.IIEMIOEVE,OP.Y4F](,p� - J I a� a8 PLAT Oi SURVEY POR '^'^• PLAYERS CLUB PLO n a:+� - .. SECTION O V r.�,... a `srwrii�`„iu[wrs SCITILTI sIiI �u+;r:°Bro o•o.•w...�..... �... "' g s r. .e r1,[roia ru: •V,,,, nno emcivu.uz �_ 4 11,L �'� [..°G`[.•v^L.—IT TAIII(,yi. 1 slVI .m.w.um .r....w -..z. / rY r z VICINITY WV - NOT TO SCALE O \711 ��2 SELL ` Y L-1 IT \ t o .[v.m[rv.[.e14[0 C_ IT. I zw Nrur[oN[rYwvrr \ 1 1 _ i2 y 14 1 % IT, ..s. .. w.= nw[ I.I. rrvcdr ;'t• HOT \ r'r. ,�dBLISL 26 Eg moim r..mu Ixre orv. /� y t9 .� eb n��=\ `..... _ `• �y. ,(�s R•+. ^x 3 „P 20 91iPNC..\ ...o.y i�'b. 1r 10 eF i] R3 C' °•, E 0 ��\Y \6 .,... m_ r..,.-1.111 .1, =g c? is .2 is ix Yi 12 ':� 'x a �,5. n..n..msn..x..n.+re..nYM1' - \\ux —•�-�—i_.. rnrsw[n za.uru[m..Ttm.arr —L—_� E//°((a/, B :..n..,rn ern o wn.r..n... r•••r n.r enu[e `—Z-- orb n.....wn..I........ LI.°r.e¢ n¢vamrciom iA I I,Lnu.Icwn .A ux uo sw. zc rc oumee II mo Y[i s Y 5 EYIAL rYlclp Caaoinet ZI 1�- gt 128 y - a3- �9 a' 3I � m iI oo �6 Rol-'ex Brue 1:J. Robi.nsonCounty--lt,.gister. of Deeau : J. Prepared by: John A. McLendon,Jr.,Attorney 7.nst 1147367 Schell Bray Aycock Abel& Livingston P.L.L.C. 06/].5/2000 3 p; Book 1303paq, 7.14 22:45Txn RecJt e4 595'51 NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 6 THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the 310t day of 2000, by St. James Development Cu., LLC, a North Carolina limited liability com ny ("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of those numbered lots shown on that plat of Players Club PUD Section 6, which is recorded in Map Cabinet 73 , Page 2� Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, First St. James, Inc., a North Carolina corporation ("First St. James") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; 44 REr TOTAL REV-- RECti CKAMT'4 K— .y GASH — REF ---- 6Y List: It 47367 Book :L:itl3PaaTe: 7:1.y provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. - 2 - 7n4t N 4'134'l Hook 1-3831.1age: 71.6 6. BUILDING SETBACK AND PLACENIENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all stnretures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of anv dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a corner Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (c) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "CAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured live (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to Hiles and regulations of the Association; and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for - 3 - 7nst # 4'1367 Hook 1.303Page: '/I'/ drainage facilities, utilities anaror pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. - 4 - In:;t: It 473W/ Book 1383Dage: '/].8 (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations which may be imposed by the Association. No 'off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTIIES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary to provide a minimum driveway crossing. This paragraph is intended to ensure 5 - l:nst It 4'/367 Boole 138 3Page: '/1.9 continued compliance with the stermwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker ("RCW") is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCM may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent permissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT TO VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation, the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs 1 and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. - 6 - 25. AMENDNIEN'T: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) o£the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., First St. James, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 28. SEVERABILITY: Invalidation of anyone of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Inst N 473G7 Honk a3D;3paf3E: '/26 C NRPoAIBUS�n.LLVMM1IIIH_I,000 - 7 - 7nsL 11 47367 pooh 1383Baye: '/21 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the clay and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) Manager NORTH CAROLINA BRUNSWICK COUNTY I, JaZLA� a Notary Public of the County and State aforesaid, certify that JOHN A. ATKINS N personally appeared before me this day and acknowledged that he is a Manager of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager. WITNESS my hand and official stamp or seal, this'3��y of _ 2000. (Seal-Stamp) Note' My Commission Expires: d0LING" Ry` P { Z cr:aeoareuo���uwu•vess,iuoe - 8 - Iust: H 4736'1 nook 7.383Page: 722 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Basements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Substitute Trustee for Jerone C- Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provisions of this Declaration of Restrictive Covenants and Easements. BRANCH BANKING AND TRUST COMPANY a _ r f{�orporatc Seal);` A By, .Vice President A9'hl~STtr ` Assistant Secretary NORTH CAROLINA COUNTY n . I, ) L a Notary Public of the County and State aforesaid, certify that ,. t';, -zit ` personally appeared before me this day and acknowledged that he/she is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/tier as its Assistant Secretary. WITNESS my hand and official stamp or seal, this_day of Wz, 2000. (Notary Seal) z� 2 tiP � 1 Notary Public My Commission Expires: ,� p o ;Q z I J CkM RTBLRBAALIIAM3RM-I _ n _ ].nst II 97367 Book 1.383Page: '123 ubstitute Trustee for Jcrone C. Herring, Trustee NORTH CAROLINA COUNTY I, ` .fs( -Z-11ilip a Notary Public of the County and State aforesaid, certify that - Substitute Trustee for Jerone C. Herring, personally appeared before me this day nd acknowledged the exectition of the foregoing instrument. WITNESS my hand and official stamp or seal, this ;i/ clay of 2000. (Notary Seal) �i )Mj Notary Public My Commission Expires: NG p Z STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are) Certified to be Correct. 15th This Instrument was filed for Registration on this Day of June in the Book and Page shown on the First Page hereof. 2000 - t t- TOUvroor`/�7 ROBER'1 J. KUMIJSONJ Register of Deeds ClAN1RRILl58AALUAFfI)tlf4_I.pOC _ 10 Bimnswl.ck County---RC-91--ter. of: Deeds Prepared by: John A. McLendon, Jr., Attorney Rotk�il' J. koUinson 1nst li9'1366 Honk 1383ipar c, g Schell Bray Aycock Abel & Livingston P.L.L.C. �. .I' /lIJ 06/15/2000 12:2,1:33rp Reclt c4 'g NORTH CAROLINA - BRUNSWICK COUNTY AIVIENDNIENT TO NIASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION ANNEXING PLAYERS CLUB PUD SECTION 6 THIS AMENDMENT TO MASTER DECLARATION is made as of the3��day of 2000, by St. James Development Co., LLC, a North Carolina limited liabifiP company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James") enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that plat of Players Club PUD Section 6, which is recorded in Map Cabinet 23 , Page 7-9 , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry (the "Partial Assignment"); and WHEREAS, Article VIII, Section I of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St. James in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. RE7 Q � c-er- TOTAL-L.(R�, REVS TC 69961-I 1 RECti CK AMTg7—.�CKt/3/,V CASH REF py IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) John A Atkinson, Manager NORTH CAROLINA rust: H 97366 Hook .L;tbJI'a9e: 7.t0 BRUNSWICK COUNTY 1, 4'Ja14 ,L-6&A1( a Notary Public of the County and State aforesaid, certify that JOHN A. ATKINSON'personally appeared before me this day and acknowledged that he is a Manager of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself as its Manager. WITNESS my hand and official stamp or seal, this Hay of�y!d 2000. (Seal-Stamp) Q /Qtc ic Notary Public "'OLINGy''•., My Commission Expires, �?;"'"RY•, 69961-1 2 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to be duly executed under seal as of the day and year first above written. FIRST ST. JAMES, INC. B / /( President A`'PTES2"" Q/1dt,. Secreta insl: II 97;366 Dook 3.383Pa,4e: 71.1 NORTH CAROLINA BRUNSWICK COUNTY I, J2tet_- . eu' a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged-"fhat he/she isdy Secretary of FIRST ST. JAMES, 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 tle�, President, scaled with its corporate seal and attested by himself/herself as its (jd,Q2$t­ Secretary. WITNESS my hand and official stamp or seal, this ,j/'clay of 2000. (Seal-Stamp) �1�J Notary Public My Commission Expires: t,-iN G 69961-1 3 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes se'eured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement. being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and , Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of oust and security agreement to the terms and provisions of this Declatation:of Restrictive Covenants and Easements. ] BRANCH BANKING AND 'TRUST COMPANY �(C9r){dtate Seal)' By; resident ATTEST- 1 Assistant Secretary I:nsi- N 47366 Book 1.383Page: '11.2 NORTH CAROLINA 1! ` ', , 1A COUNTY a Notary Public of the County and State aforesaid, certify hat' n, .1 V ' personally appeared before me this day and acknowledged that he/s e is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed i❑ its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. WITNESS my hand and official stamp or seal, this day of t�j;,� , 2000. J (Notary Seal) Jr1.......... ) Notary Public My Commission Expir o t3Rl1N`'�'' 69961-1 4 v� 1119, Substitute Trustee for TnsC It 0366 [look 1.3E133Page: .3 Jerone C. Herring, Trust NORTH CAROLINA ? .,mLcOUNTY I, L a Notary Public of the County and State aforesaid, certify that Substitute Trustee for Jerone C. Herring, personally appeared before me t is day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this . day of ) 2000. (Notary Seal) Notary PRublic My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificale(s)of Notary(ies) Public is (are)Certified to be Correct. This Instrument was filed for Registration on this 15th June Day of D / 2000 in the Book and Page shown on the First Page hereof. °�'G ROBERT J. 11013I SON Register of Deeds 69961-1 5 Irrl r.11]1 }Lry:RIY ovninonn io..i..n.e a. .�t nTa.lu¢.am.a>Ir m.u<(w'w..'4 Mr.we.ie. m-m uu .n me/s i4aMr. r .n I 421r Y � �Jn .n'(�ei I«.nm,"o[Imams minor...._ ^'•a.�..ex..wane,>w.an..sr d+ .v,m .Irim,..t �.,I wbF'.'M...a�e. . vrxer.w rarro vt[ g � NgwmmuaEpw£n ® � L[iXX B9LRr5N1q W��.y E�''�E R NNG ll u�. :r w w°""....a m..e.: e U 3 .9elE: 5.I. ...-� y ..�m.a� K...•.Ao-..w. �� ,¢. iF o<ss Ko ru nrt�rs mx'm uc m.+�a m �,<O� �p�(RT 6 Sl.IVCS t�'r] CnJ 94M In11AN L rznYll Mmoo.wmua. • �< G41] 3x nn n_ X 6Tb'H'[ NY T / `116�I xY' u•Em V / /LU(�•ilN f.- �l �e <? m JZJr µxxi l.' mar ru a.m y.�nlx.N• axe' �c / �' VV�J 6. ���i, a'A�. ���❑x��� r � r lr-� ce .n a' v����.. .n�,9 L� aKr e`�Y.r� `6 ^�a�,. 'j��,a� as � •! � �-1 � �v o•c.«,'�$l� .. �a� ✓ ir^,� / /bn .( _ JF .n.m: / .9 ^ro'c a m n.�wrs a.Y.c`M`u*o,r ra.w.n .wn.url, m.ar-zJm ❑ A:V . ' f�(-n d➢i / °� YoaY.V D•imr.¢ . a Z �Y,C xTe'v a.r..: u5 f / •' „p a n� m.> is m niuv xwaw iess' +sr,_*c 7e 4. lam 4' c. I u r I., �, Fes• a 3Y5 um� r uJ sr:do v r roan xv.ra inn enol�"`"� CA31njET 23 'WGE, 2.19 9 I z o o o Ii).43' 5oA-m � al ' � i�i rr�n�a-risk Coiml:y--I?egist:er O% C�eeeris Prepared by: John A. McLendon,Jr.,Attorney Vobr^rt: ,T. Robinson Schell Bray Aycock Abet& Livingston P.L.L.C. i.nst: 11413A29 nook 13i36Page . ) 06/28/2000 10:32:29am Rerpf��OLlO NORTH CAROLINA - BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR PLAYERS CLUB PUD SECTION 8A THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of the 29 day of 1 2000, by St. James Development Co., LLC, a North Carolina limited liabilit ompany ("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of those numbered lots shown on that plat of Players Club PUD Section 8A, which is recorded in Map Cabinet 23 , Page 5D , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, First St. James, Inc., a North Carolina corporation ("First St. James") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions and restrictions for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. _ nET_��� > 760271 TOTAL .�'.', REV TCL� RECk „CK AMTYA - Clt I k CASH REF—BY�� Tnsr µ 9fi429 Book 1'3l16Page: .13p 2. RESU13DIVISION AND COMI3INATION: No Lot shall be resubdivided, or its boundary lines changed without the prior written consent of Development Co. However, Development Co. expressly reserves to itself the right to resubdivide any Lot, provided that any such resubdivided Lot shall not have a frontage of less than 55 feet each on the street on which said Lot fronts, or an area of less than 10,000 square feet (said requirements shall apply only to resubdivided Lots and shall not apply to the Lots originally shown on the Plat). Development Co. may also create a combined lot by (i) replatting any two (2) or more Lots shown on the Plat or (ii) the sale of two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one lot in order to meet any setback requirements; provided, however, that each combined lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate Brunswick County authorities. The restrictions and covenants herein shall apply to each lot so created. 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,000 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees and fauna on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any 7eo27-1 - 2 - I lost: 11 48429 nook ]386Page.: 13.1 dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the property line of the street abutting the front of a Lot. (c) No dwelling or other structure shall be erected or allowed to remain within eight (8) feet of any side property line of a Lot. As to a comer Lot, no dwelling or other structure shall be erected or allowed to remain within fifteen (15) feet of the property line of the street abutting the side of said Lot. (d) No dwelling or other structure shall be erected or allowed to remain within thirty (30) feet of the rear property line(s) of a Lot; provided, however, that no dwelling or other structure shall be erected or allowed to remain within forty (40) feet of the rear property line(s) of any Lot abutting a golf course. (e) No dwelling or other structure shall be erected or allowed to remain on any Lot within ten (10) feet of the landward side of the boundary of the marsh (the "LAMA line") as shown on any survey or recorded plat of the Lot. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby gives, grants, and conveys to the Association, its successors and assigns: (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to niles and regulations of the Association; and (iii) other easements as shown on the Plat or Plats of the Lots. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat or Plats of the Lots, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. TEMPORARY STRUCTURES: Except during construction when approved by the Architectural Control Committee, no structure of a temporary character shall be erected or allowed to remain on any Lot and no basement, tent, shack, garage, mobile home, barn or other outbuilding erected on any Lot shall be used as a residence either permanently or temporarily. 76027-] - 3 - Tnsl: I1 90929 Rook 1.3861M9e.: 132 Neither shall any trailer, recreational vehicle, motor home, building materials or non-operative motor vehicle be stored on any Lot, either permanently or temporarily, prior to completion and occupancy of the dwelling. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot, nor shall any fence or wall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. . Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot 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 further provided that they are kept and maintained in compliance with all laws and ordinances of Brunswick County relating thereto. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, bus, trailer, commercial vehicle, camper, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) The Board of Directors of the Association may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above in its sole and absolute discretion, for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any piles and regulations which may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to, go carts, dirt bikes, and all terrain vehicles, shall be operated within 76027-1 - 4 - insl: It 48429 Book :13tf6Page: 7.:33 St. James Plantation except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash, or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes poles, clothes lines or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, ntbbish, weeds, and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause, must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless a written extension is granted by the Architectural Control Committee. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS: The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,500 square feet of the surface of any Lot, including that portion of the right-of-way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. No one may fill in or pipe any roadside or lot line swale, except as necessary to provide a minimum driveway crossing. This paragraph is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina and therefore may be enforced by the State of North Carolina. 21. WELLS: All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by Development Co., its successors and assigns, or another entity operating a wastewater treatment facility serving the Lots and/or the development known as St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater 76027-1 5 - Uist ft 0429 Book ].38C)Page: .1.34 monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. ENDANGERED SPECIES: The Red Cockaded Woodpecker ("RCW") is recognized as a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees of the RCW may exist on the Lots and have been tagged for easy identification. Any person or persons attempting to remove such trees or causing damage to such sites are subject to prosecution to the fullest extent pennissible under federal law. No shrubs or ornamental trees that will exceed five (5) feet in height shall be planted within thirty (30) feet of a RCW cavity tree. No pine trees over three (3) inches in diameter at breast height, and outside the foot print of a house, driveway or road, shall be removed without the prior approval of the Architectural Control Committee. 23. WAIVER OF AND CONSENT 'r0 VIOLATIONS: Except where waiver rights are granted herein to the Architectural Control Committee, Development Co. may waive any violation of these restrictive covenants and conditions by appropriate instrument in writing; provided, that if the violation occurs on any Lot or Lots which abut a Lot or Lots which have been conveyed to a fee simple owner or owners in St. James Plantation, the written waiver of such violation by such owner or owners shall also be obtained. The provisions of this paragraph shall not apply to paragraphs 1 and 2 where only the written consent of Development Co. shall be required, or paragraphs 5, 6, 8, 9, 12, 14, 17 and 18, where only the written consent of the Architectural Control Committee shall be required, or where otherwise specifically stated. Any waiver of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 24. TERM: These covenants shall nut with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20 or 21 shall require the written consent of the State of North Carolina. 26. ENFORCEMENT: Development Co., First St. James, the Association, and their respective successors and assigns, or any owner of a Lot, shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition 76027-1 - 6 - Tnsst it 48421t Wmk ].36F)Page: .135 shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20 and 21 hereof. 27. SUCCESSORS OR ASSIGNS: The rights and obligations of Development Co. herein shall inure to the benefit of its successors or assigns if so specified by Development Co. in a recorded statement; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by Development Co. 29. SEVERA131LITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 76027.1 - 7 - TntiC It 18429 Rook .1.3861?age:: 136 IN WITNESS WHEREOP, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) Manager Manager NORTH CAROLINA BRUNSW K COUNTY h a Notary Public of the County and State aforesaid„ certify th t JOHN A. A KINS , personally appeared before me this day and acknowledged that he is a Manager of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by such Manager. WITNESS my hand and official stamp or seal, this day of , , 2000. (Seal-Stamp) Notary Public My Commission Expires: r 1N' o</' G'° 76027-1 - 8 - Ilrsl: It 411429 Rook 1.3BGFIage: ]37 BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Substitute Trustee for Jerone C. Herring, as Trustee-under said deed of trust and security agreement, join in the execution hereof for the purpose of subjecting the aforesaid deed of trust and security agreement to the terms and provi�ions of this Declaration of Restrictive Covenants and Easements. j BRANCH BANKING AND TRUST COMPANY 1,)) BY: ilk Vice President Assistant Secretary NORTH CAROLINA COU 1N/I I, U(/�1'., V 1��0 a Notary Public of the County and State aforesaid, certify that T-Pti a2� )rikMDe personally appeared before me this day and acknowledged that he/@he is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by him/her as its Assistant Secretary. bj l I VESS my hand and official seal, this day of� e, 2000. Notary Public si Iyj.Com{nE��ion Expires: 76CG7�1 - 9 - I Substitute Trustee for 'Ist If 413419 hook .13t3fpage: I3t1 Jerone C. Herring, Trustee NORTH CAROLINA ltt�SW;G� COUNTY I, SunCt,t o'1 ttok a Notary Public of the County and State aforesaid, certify that L4VAw��- S r 1 t"5 , Substitute Trustee for Jerone C. Herring, personally appeared before me this day and acknowledged the execution of the foregoing instrument. y✓ITNESS my hand and official seal, this�_day of 2000. oa�F c��rt�C Notary Public sij y CbmmtsSaon Expires: STATE OF NOR'PII CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING, SUSAN VITITOE Notary(ies) Public is(are) Certified to be Correct. This instrument was filed for Registration on this 2'th Day of June 2000 in the Book and Page shown on the First Page hereof. ROBERT J. ROBINSON Register qf Deeds 76027-t 10 - I li[uu:a•�icA: CrnurFy--ileq inter. of Ueecs Prepared by: John A. McLendon, Jr., Attorney Robert. a. Robinson Schell Bray Aycock Abel & Livingston P.L.L.C. l:nsi:. 948428 Book 1-38(;Page L24 06/28/Mo() 1.0:31.:.Ilt.2rn Recl14'-701(1 NORTH CAROLINA - BRUNSWICK COUNTY AMENDMENT TO MASTER DECLARATION OF COVENANT'S, CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION . ANNEXING PLAYERS CLUB PUD SECTION 8A THIS AMENDMENT TO MASTER DECLARATION is made as of the 29i—L day of 2000, by St. James Development Co., LLC, a North Carolina limited lr ility company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James") enters into this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of those numbered lots shown on that plat of Players Club PUD Section 8A, which is recorded in Map Cabinet 23 , Page 50 , Brunswick County Registry (said numbered lots as shown on the aforesaid plat are hereinafter referred to individually as a "Lot" and collectively as the "Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry (the "Partial Assignment"); and WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St. James in each instance; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions and restrictions contained in the Master Declaration. i4U=�U _ _, y2cTOTA .{R�EV�_�-__-TTCis., 76026-1 REC# _CKAMT,Q: CK CASH ors:REF—BY IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed under seal, as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC (Seal) John A. Atkinson, Manager NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify that JOHN A. A KINSON personally appeared before me this day and acknowledged that he is a Manager of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was executed in its name by himself as its Manager. WITNESS my hand and official seal, thisi�2-&"48ay ofj �„ 2000. (Notary Seal) Notary Public U My Commission Expires: `•�J ,,,' of D o to c, _a; z (0—z H 48420 Hook 13861'a(le: .121) 76026-1 2- To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to be duty executed under seal as of the clay and year first above written. .„ . FIRST ST. JAMES, INC. �oZCo •'orate 3ea:l) .Secret< NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and �acicnowledgat he/she is Secretary of FIRST ST. JAMES, INC., a North Carolina corporation, and that by authority duly given a the act of the corporation, the nd foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself/herself as its Secretary. WITNESS my hand and official stamp or seal, thiscj(o_clay of��� ,,,� 1 12000. (Seal-Stamp) �• (�' �'� Notary Public My Commission Expires: "OUNG ,.. g ........ . ` .2 e r:'osPaY �Z r�0��o tt„ Tn:a 76026-1 11 48428 ftook :1.38GPage: 126 3 - I BRANCH BANKING AND TRUST COMPANY, as holder of certain promissory notes secured by a deed of trust and security agreement encumbering the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust and security agreement being recorded in Book 1117, Page 544, Brunswick County Registry, as amended, and Substitute Trustee for Jerone C. Herring, as Trustee under said deed of trust and security agreement, join in the execution hereof for the purpose of ub�ecting the aforesaid deed of trust and security agreement to the terms and provisions of this ,1,;Iaecla idon of Restrictive Covenants and Easements. `;G�d \ BRANCH BANKING AND TRUST COMPANY t jl By: (ten c�cc Vile President Assistant Secretary NORTH CAROLINA nSw f COUNTY I_ I, (�Uoc"— �' T, )L 2, , a Notary Public of the County and State aforesaid, certify that kg�, �fr,^pjl personally appeared before me this day and acknowledged that he/sLe is Assistant Secretary of BRANCH BANKING AND TRUST COMPANY, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and .attested'by h.im/her as its Assistant Secretary. �SaIJ 1, IT,NESS my hand and official stamp or seal, this�day of C 4 2000. �ti B'Ou�O r7z<� 'i bfC1°+gyp l\`� Notary Public Iv1y,Commission Expires: �r eA �Oy 76026-1 q _ Insi; It 48428 book 1386Page: 127 �l Substitute Trustee for Jerone C. Herring, Ttvste 'rntiL II 48928 Book I306Paye: NORTH CAROLINA PofltltSl�,CC COUNTY I a Notary Public of the County and State aforesaid, certify that Substitute Trustee for Jerone C. Herring, personally appeared before me tests dam y and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this Gday off��=, 2000. JSnp711 Vl��� Notary Public on Expires: Expires: ar i (S Q O�q STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN SOLING, SUSAN VITITOE Notary(ies)Public is (are)Certified to be Correct. This Instrument was filed for Registration on this 2 Sth Day of June 2000 in the Book and Page shown on the First Page hereof. ROBERT J. 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W40 New Centre Drive,Sude D 250 North Church St. Wilmington,NC.28403 Spartanburg,SC 2930E TEL (910)780 8584 TEL (864)50-8801 FAX (910)79 11M3 FAX (864)596 8602 www.capefeareng.com Transmittal To: INCDENR Date: 6/6/01 127 Cardinal Drive Extension File: 700-14 Wilmington, NC 28405-3845 Subject: Players Club, Phase 1 St. James Plantation Stormwater Permit Modification Attn: Noelle Lutheran SW8 961103 ❑As Requested ❑ For Your Files ❑ For Distribution ® For your Review/Commen Approval ❑ Sent via Mail ® Sent via Courier Quantity Drawing No. Description 2 SW-1 Revised Stormwater Control Plan dated 6/6/01 PROD# REMARKS This submittal reflects the updated land plan for the above project. Several road alignments and lot layouts have been modified to conform with field conditions and development plan. Please discard the previously submitted plan and insert this plan into the permit modification application package. CC: File ape Fear Engineering, Inc. Signed —�� Stephen McAree, E T-lutheran06ju n0l.doc P. 1 * * * COMMUNICATION RESULT REPORT ( MAR. 13.2001 11:05AM ) TTI NCDENP, WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ---------------------------------------- ---------- ------------------ --------- 132 MEMORY TX 9-7908583 OK P. 6/6 -------------------------------------------------- ------------------------------------------ REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr„ Secretary FAX COVER SHEET Date: 3 0 No. Of Pag s: �o To: From: n CO: CO: DcJQ FAX #:�/[� FAX#: 910-350-2004 REMARKS: t 5 /7,0 /I r ' i✓fat Mi L CcJdS r i- yC' s)Vlf-P `e �7 l eas& r mw'+. cnalon,Wllminu(on,N.C.28405-3845 Telephone(9IO)395J900 Paz(910)350.2004 An Equal 0 ortunit Alilrmative Aclion Employer d7 rep, �sb� es Qjaf s 9 PP Y /X --------------- ............... . �'. l nr ma rrvc al — State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 3 p No. Of Pag s: �o To: From: CO: E CO: D�l�'J FAX #` 9/(�j - �90 _ ��3 FAX#: 910-350-2004 REMARKS: LJ /Y�o�,' Ion �v✓ S�J' s /10 le-Le . Oil AL r t'Ad +vtct_� �f/irri t/ � ll evens, s1✓� 5 12';' ardin;J Drive Extension,Wihnington,N.C.28405-3845 Telephone(910)395-3a9�0)350-2p/ aSe , An Equal Opportunity AlDrmalivc Action Employer CAPE FEAR RECEIVED Engineering, irnc. FEB 2 3 2001 5040 New Centre Drive, Suite D Wilreingtan, N.C. 28403 IVn1` Voice(910) 790-8584 1 BY: Fax (910) 790-85H3 J.� E-mail c1e(wbe0south.net Transmit al TO: NCDENR DATE: 2/23/01 Water Quality Section PROJECT NO: 700-08 127 Cardinal Drive Extension RE: Players Club: Phase 1 Wilmington, NC 28405-3845 Stormwater Permit Modifications to ATTENT)ON: Linda Lewis SW8 961103 Quantity Drawing No. Description 1 Ea Original Stormwater Management Permit Application 1 Ea Copy of Stormwater Management Permit Application 2 Ea Low Density Supplement 2 Ea Detailed Narrative 2 Ea Revised Stormwater Control Plan SW-1. 1 Ea Application Fee for$420. 1 Ea Copy of recorded covenants for Players Club Phase 1 for your files. L:::t-- - - REMARKS This submittal reflects the updated land plan for the above project. Several road alignments and lot layouts have been modified to conform with field conditions and development plan. Also, the clubhouse area not shown in detail on the original permit is now reflected on the attached plan drawing. CC: Mark Brambell, Project Manager CAPE FEAR Engineering, Inc. File 700-08 c Signe Z Stephen rvfcAree, P.E. tiT i 11CAPEF EARDATAIPROJ ECTSVOOV00-08(Players Club)WdmIn1STORMVJTMPlayers Club Phase 1 MWW00-08-T-Le is_DWD_231ebO 1.doc �r Stormwater Management Design Narrative for The Players Club Phase I at St. James Plantation Brunswick County, North Carolina Prepared for: St. James Plantation P.O. Box 10789 Southport, North Carolina 28461 (910) 253-4739 Revised February 21, 2001 for Modification to Permit SW8 961103 Prepared by Cape Fear Engineering, Inc. 5040 New Centre Dr., Suite D Wilmington, North Carolina 28403 (910) 790-8584 Z�z3�di CARo'''••• ,•` QQopessio�i•9••.. 9 SEAL 025634 N� '.,E`,o F'yGttVEEP S 'SfeN ape DESIGN NARRATIVE L GENERAL: The project site is Located adjacent to the St. James Plantation subdivision. St. James is located in Brunswick County, North Carolina along Hwy 211 approximately I mile from the intersection of Hwy 211 and Hwy 133 (Long Beach Road) in Southport. The project area is approximately 416.8 acres. Drainage considerations are to be in accordance with DEM stormwater requirements. The intent of this project is to develop 230 single-family lots, amenity lakes, drainage improvements and roadways adjacent to the existing 18-hole golf course,. Impervious surfaces have been limited in order to promote infiltration where possible. This permit modification is needed to bring the stormwater plans into conformance with the current land plan for Players Club Phase 1 development. Specifically, the clubhouse area and several road and lot alignments have been modified to fit existing field conditions or meet the current land use plan. These changes are relatively minor and do not affect the amount of permitted impervious built upon urea for this project. With less than 14% impervious area, this development would remain well under the allowable 30%for low density development. 2. EXISTING SITE: Site topography in the area is relatively flat with slopes typically less than two (2) percent. In areas left undisturbed, vegetation consists primarily of grasses and minor ground cover within the area of the improvements. This allows for a good buffer zone and filtering of the stormwater. The majority of the boundary is open. Subsurface soils are typically a mixture of sands, silty sands and organics. 3. PROPOSED IMPROVEMENTS: Planned improvements include the fabrication of temporary construction entrances for equipment entering and leaving the site. Drainage swales have been located throughout the project in order to carry runoff to amenity lakes to be used as sediment ponds during construction and to aid in overall stormwater management. These lakes have been designed to contain sediment that may be produced from the disturbed areas, but will be set at an elevation that will not impede positive drainage. Connection pipes and overflow structures are designed to control the lake levels for appearance and flood control. Temporary seeding will be placed at all disturbed areas to promote a good vegetative cover for stability. 1 of 2 Design Narrative Players Club Phase I 4. DRAINAGE CONSIDERATIONS: Drainage on the site will be primarily conveyed by sheet flow and grass lined swales. Swales are designed to provide a non-erosive flow. The swales are to be seeded, and should be periodically observed for any signs of erosion. Swale systems will convey stormwater from impervious roadways into the amenity lakes. 5. EROSION CONTROL CONSIDERATIONS: Amenity lakes are located to receive the majority of the sediment during the construction of the project. Additional measures have been proposed to minimize soil migration from the site included but are not limited to the following: a. Use of temporary construction entrances as shown on plans b. Use of temporary seeding should construction be halted for the specified time limit (refer to Specifications) c. Use of lakes as temporary sediment basins. d. Use of silt fencing as shown on plan. e. Use of rock dams 6. MAINTENANCE CONSIDERATIONS: During construction, the Contractor shall be required to inspect, and repair as needed, all erosion control devices after any significant rain event. Any measure found not performing it's intended function, shall be repaired immediately. Upon completion of constriction and establishment of permanent ground cover, the Owner's shall be responsible for maintenance on the project site. 2of2 Design Narrative Players Club Phase 1 State cif North Carolina Department of Environment and Natural Resources 9 0 Wilmin-ton Re-ional Office ® ,lames B. Hunt, Jr., Governor Bill Holman, Secretary N C' CEO,1PEN12"" Division of Water Quality NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 3. 2000 CERTIFIED MAIL 47000 1670 0005 7382 4798 RETURN RECI?IPT REQUESTED Mr. .lohn Atkinson, President St. Jamcs Development Company, LLC PO Box 10879 Southport. NC 28461 Subject: Ditching Plans for Player's Club Phase I Stormwater Project No. 961 103 Modification BrnnSWlCk County Dear Mr. Atkinson: On October 30, 2000, the VU/ilmington Regional Office received a copy of the ditching plans for Phase 1 of the Player's Club Subdivision, which was originally permitted on December 9, 1996, for 200 lots. A review of the ditching plan, which shows the existing subdivision, indicates that some revisions to the layout and number o'f lots:=—,_ has occurred without benefit of a modification, as required by Section 1, Part 10 of the permit. I Additionally, a copy of recorded deed restrictions, as required by Section 1, Part 8 of your permit, has not been sent in to this Office. Please send in a copy of the recorded deed restrictions,. subject to any changes brought about by the modification. Please submit a complete modification to this permit,to include the application, supplements, $420.00 fee, 2 sets of plans and supporting documentation, by December 3, 2000, or the project will be considered for enforcement action by the Director, and subject to possible civil or criminal penalties. Ifyou have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmenud Engineer RSS\arL S:\WQS\S'I'ORMWA"f\LET"I'EILS\961103.NOV cc: Lcinda=L-ewi�l Eric Drank, P.E.. Rivers and Associates, Inc. Delaney Aycock. Brunswick County Building Inpsections Central Files 127 Cardinal Dr. Ext.,Wilmington, North Carolina 284115 Telephone 910-395-3900 FAX 910-350-2004 An Equ:d opportunity Affirmative Aclion 1$mplover SO".S. rec]eJed/I11'% pull-consumer paper Y. 'SEN / •MPL�TE THf SECTION COMPLETEI ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ..... ■ Print your name and address on the reverse 1 so that we can return the card to you. C. Sign re i ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Atltlressee D. delivery address di event from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No /p4,L /Uo 7f 3. Service Type mortified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise •-NyM�r I r a-arl/w ❑ Insured Mail ❑C.O.D. 1 1 4. Restricted Delivery?(Extra Fee) ❑Yes ' 2. 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