SW8080935_Historical File_20140701

Lewis,Linda
From: Richard Stanley ATL <[e-mail]>
Sent: Tuesday,July 01, 2014 7:35 AM
To: Lewis,Linda
Subject: Re: SW8 080935 Woodward Park
I will record the permit with the Covenants as you suggest. likewise will add surface of pool as impervious
surface and make the change regarding 30 foot setback.
From: Lewis,Linda
Sent: Monday,June 30, 2014 6:33 PM
To: Richard Stanley ATL
Subject: RE: SW8 080935 Woodward Park
Thank you.Just a few additional comments:
The language is not"word for word"out of the permit.Why is that?We have seen other developers that take liberties
with the language which has caused a lot of compliance trouble down the line. Perhaps it would just be simpler to refer
to the permit number in the covenants and record the entire permit as an attachment?As long as the deeds are made
subject to the recorded covenants,and the recorded covenants contain the permit,you should be good.
I don't see where the water surface of a swimming pool is specified as NOT being an impervious surface.Will swimming
pools be banned in this subdivision?
You are really confusing the buffer and setbacks.These terms are not interchangeable.This project has a required 30
foot setback between the impervious areas on the lot and surface waters, and a requirement to cutoff all roof drainage
at 30'from surface waters.
Also,the requirement to record these deed restriction is not associated with the Division of Coastal Management. It is
required by the Division of Water Quality, but DWQ no longer exists—the stormwater program under which this permit
was issued is now under the jurisdiction of the Division of Energy, Mineral and Land Resources(DENLR). You can make
that change if you want, but it's not required.
Thanks.
Linda
From: Richard Stanley An [mailto:[e-mail]]
Sent: Monday,June 30, 2014 3:35 PM
To: Lewis,Linda
Subject: Re: SW8 080935 Woodward Park
All but two were covered in my draft and I have attached revised covenants. After each restriction I have included the
page and/or section where the restriction is located.
1 Original Message
From: Lewis.Linda
To: rstanlevlaw( earthlink.net
Cc: Scott. Georgette
Sent: Monday, June 30, 2014 11:50 AM
Subject: SW8 080935 Woodward Park
I Mr.Stanley:
1

Lewis,Linda
From: Richard Stanley ATL <[e-mail]>
Sent: Monday,June 30, 2014 3:35 PM
To: Lewis,Linda
Subject: Re:SW8 080935 Woodward Park
Attachments: woodward park covenants.docx
All but two were covered in my draft and I have attached revised covenants. After each restriction I have included the
page and/or section where the restriction is located.
Original Message
From: Lewis.Linda
To: rstanleylaw0earthlink.net
Cc: Scott, Georgette
Sent: Monday, June 30, 2014 11:50 AM
Subject: SW8 080935 Woodward Park
Mr.Stanley:
The Division received a request to review the proposed covenants for the permitted subdivision known as Woodward
Park. In the review of the associated permit, I found that the original reviewer had a few typographical errors which
need to be corrected.These are mainly in regard to the requirement for a 50' buffer.This project was received prior to
the onset of the October 1,2008 stormwater rules,therefore it was vested to the 1995 rule requirement for only a 30'
buffer. However,we can and will accept a restriction for a 50' buffer,should your client choose to do so.
I have copied below the excerpt of the statements that need to be recorded,directly from the permit. In light of the
error regarding the buffer width, I have changed the statements(in red)to reflect the 30' buffer.As required by the
permit, please make sure these statements are included in the proposed covenants.Your current proposed document
appears to be missing quite a few, unless they have been scattered around in the various sections of the document. If
that's the case, please reply to this email by adding a section number cite beside each of the below listed requirements
where it can be found in the proposed restrictions:
1. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed
restrictions must be recorded with the Office of the Register of Deeds:
�a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 080935, as issued by the Division of
Water Quality under NCAC 2H.1000. PAGE 1
dr is/ b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit. SECTION
8 PAGE 18
11) c. These covenants are to run with the land and be binding on all persons and parties
\y claiming under them.
SECTION VIII PAGE 21
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
PARAG 10 PAGE 19
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality. SECTION 11, PAGE 19
i

f. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a
different maximum lot built-upon area, the governing maximum lot BUA shall be the
more restrictive of the two amounts.
PAGE 19 AND EXHIBIT
g. The maximum built-upon area per lot is 6,621 square feet for 12 lots. 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. Construction of additional built-upon
area in excess of 113,361 square feet for the subdivision will require a permit
modification.
PAGES 13, 25 AND EXHIBIT
h. Construction of additional impervious areas such that low-density requirements are no
longer met will require a permit modification prior to construction. An engineered
system will be required to collect and treat the runoff from all built-upon area associated
with the project, including that area permitted under the low density option.
PAGE 18
�, i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
this development, except for average driveway crossings, is strictly prohibited by any
persons.
PAGE 16
j. A minimum 30 foot wide vegetated buffer area shall be provided between surface
waters and all impervious surfaces. PAGE 18
Please let me know if you need anyother assistance. S
Thanks. 61/41
v ) 0�
S
Linda Lewis \ �
Environmental Engineer III 30
Division of Energy,Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington,NC 28405
Main Office—910-796-7215
Direct Line—910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
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2

Lewis,Linda
From: Lewis,Linda
Sent: Monday,June 30,2014 11:50 AM
To: '[e-mail]
Cc: Scott,Georgette
Subject: SW8 080935 Woodward Park
Mr.Stanley:
The Division received a request to review the proposed covenants for the permitted subdivision known as Woodward
Park. In the review of the associated permit, I found that the original reviewer had a few typographical errors which
need to be corrected.These are mainly in regard to the requirement for a 50' buffer.This project was received prior to
the onset of the October 1,2008 stormwater rules,therefore it was vested to the 1995 rule requirement for only a 30'
buffer. However,we can and will accept a restriction for a 50' buffer,should your client choose to do so.
I have copied below the excerpt of the statements that need to be recorded,directly from the permit. In light of the
error regarding the buffer width, I have changed the statements(in red)to reflect the 30' buffer.As required by the
permit, please make sure these statements are included in the proposed covenants.Your current proposed document
appears to be missing quite a few, unless they have been scattered around in the various sections of the document. If
that's the case, please reply to this email by adding a section number cite beside each of the below listed requirements
where it can be found in the proposed restrictions:
1. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed
restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 080935, as issued by the Division of
Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a
different maximum lot built-upon area, the governing maximum lot BUA shall be the
more restrictive of the two amounts.
g. The maximum built-upon area per lot is 6,621 square feet for 12 lots. 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. Construction of additional built-upon area in excess of
113,361 square feet for the subdivision will require a permit modification.
1

h. Construction of additional impervious areas such that low-density requirements are no
longer met will require a permit modification prior to construction. An engineered
system will be required to collect and treat the runoff from all built-upon area associated
with the project, including that area permitted under the low density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
this development, except for average driveway crossings, is strictly prohibited by any
persons.
j. A minimum 30 foot wide vegetated buffer area shall be provided between surface
waters and all impervious surfaces.
Please let me know if you need any other assistance.
Thanks.
Linda Lewis
Environmental Engineer Ill
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington,NC 28405
Main Office—910-796-7215
Direct Line—910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
2

LAW OFFICES OF RICHARD L. STANLEY
RICHARD L.STANLEY
Attorney at Law
601-6 CEDAR QUEEN ANNE QUARTERS 8754 REED DRIVE, UNIT 16
POST OFFICE BOX 150 EMERALD ISLE,NC 28594
BEAUFORT,NC 28516 TELEPHONE [phone]
TELEPHONE [phone] FAX [phone]
FAX [phone]
E-MAIL [e-mail]
Respond to Beaufort
June 24, 2014
Mr. Edward Beck
Regional Supervisor
NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Woodward Park Covenants
SW8 080935
Dear Mr. Beck:
1 have enclosed for your review proposed Covenants for the Subdivision which the developer is required to
furnish you under the terms of the storm water permit. I will record these upon notification that the terms
relating to the permit are acceptable. Dan Reitz has previously furnished you with recorded Conservation
Declarations as recorded in Book 1448, page 471, Carteret County Registry.
Sincer rs,
Ich tanley
cc. Dan Reitz
ECEIVE
JUN26 2014
BY:

Prepared by Richard L. Stanley
STATE OF NORTH CAROLINA Declaration of Covenants, Conditions
and Restrictions for
COUNTY OF CARTERET Woodward Park Subdivision
This Declaration of Covenants, Conditions and Restrictions is made this li
day of <FAA e, , 2014, by Woodward Development Company, 111 Sea
Trace Lane, Newport, NC 28570. A North Carolina Corporation„ herein "Declarant or
Developer", and any and all persons, firms and corporations hereafter acquiring any of
the lots within Woodward Park Subdivision as shown on surveying plat of Woodward
Park prepared by Bell and Phillips Surveying, PLLC, recorded in Map Book 32,
pages 349 and 480, Carteret County Registry;
WITNESSETH:
WHEREAS, Declarant, Woodward Development Company, is the owner of
certain real property as conveyed to it by deeds recorded in Book 1286, page 366,
Carteret County Registry, and Declarant has caused the property described therein to
be subdivided into lots for a Subdivision known as Woodward Park as shown on plat
recorded in Map Book 32, page 349, as amended in Map Book 32, page 480, Carteret
County Registry, hereinafter called " Woodward Park", or the "Property";
WHEREAS, Declarant desires to develop the Property under a common and
uniform set of Covenants and restrictions applicable to the lots and properties of
Woodward Development Company;
WHEREAS, Declarant intends to develop its property into a quality
residential Subdivision with all improvements being constructed using quality materials
and workmanship so as to create a unique community that is harmonious with its Peletier

Branch environment, and Declarant intends to form a Homeowners' Association to
enforce and maintain the quality of the property and its amenities and common area
which may include entrance way, signage, street lighting, natural areas and such other
common areas and amenities that Declarant or the Homeowners' Association may
provide for the general welfare and recreation of the Owners;
WHEREAS, it is in the mutual interest of the Declarant and every person, firm or
corporation hereafter acquiring any of the lots within Woodward Park that these
Covenants, conditions, easements, assessments, liens and restrictions governing and
regulating the use and occupancy of Woodward Park be established, fixed and set forth
and declared to be Covenants running with the land;
WHEREAS, Declarant desires to preserve the value, amenities, desirability, and
attractiveness of the Subdivision and to provide for the continued maintenance and
operation of the common areas as may be provided therein, as well as to compliment and
re-enforce the natural beauty of the Peletier Branch setting with trees and natural areas,
and to accomplish this purpose, Declarant desires to coordinate the architectural work,
landscaping, signage, lighting and other aspects of the development so that they will fit
into the landscape of the property, and so that improvements on each lot as nearly as
possible fit in with the natural environment.
NOW, THEREFORE, in order to provide for the foregoing, the Declarant does
hereby covenant and agree with all persons, firms or corporations now owning or
hereafter acquiring any portion Woodward Park Subdivision, that the use of lots in
Woodward Park Subdivision is hereby made subject to the following restrictions,
Covenants, terms and conditions which shall run with said land and shall be binding on all
property Owners within said Subdivision and their successors and assigns.
Section I - Definitions
As used throughout this Declaration, the following terms shall have the definitions
set out herein as follows:
A. "Amenities" shall mean the facilities constructed, erected, installed or
set aside on the common areas for the use, benefit and enjoyment of members.
B. "Association" shall mean and refer to Woodward Park Owners'
Association, Inc., a non-profit corporation organized and existing under the laws of the
state of North Carolina, its successors and assigns, which is established for the
administration, maintenance and regulation of the common areas, streets and other
common areas and facilities assigned to, purchased, or otherwise provided for by the
Association for the use and enjoyment of members of the Association.
2

C. "CAMA" shall mean the Coastal Area Management Act as set forth in
North Carolina General Statute 113A-100 et seq, and any of the rules and regulations
promulgated thereunder.
D. "Committee" shall mean and refer to the Architectural Review
Committee.
E. "Common Areas" shall mean and refer to any and all real property
subject to this Declaration which is defined and bounded by properly referenced and
recorded plats designated thereon as "common area(s)", "open space", "conservation
area" ( not part of any lot) which may be designated as private and have not been turned
over to any governmental authority for maintenance, "private easements" or driveways
created by the Declarant to provide access to the streets or roads for more than one lot, or
any area that is set aside for the general use of the members. Common areas shall also
include all real property and easement interests owned or assigned by the Association for
the common use and enjoyment of members of the Association, which may include but
are not limited to entrance ways, signage and conservation areas. (This list of possible
amenities is for descriptive purposes only and does not bind the Declarant to construct
any or all of said amenities.)
F. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Woodward Park Subdivision, and any amendments
thereto as recorded in the Carteret County Registry.
G. "Declarant" shall mean and refer to Woodward Development
Company, a North Carolina Corporation, its successors and assigns. "Declarant" and
"Developer" are interchangeable and have the same definition.
H. "Lot" shall mean and refer to any of lots 1 through 11 constituting a
plot of land within Woodward Park Subdivision with or without improvements thereon,
which constitute or will constitute after construction of improvements, a single residential
site as shown on the plats or plans for Woodward Park Subdivision or amendments
thereto, recorded in the Carteret County Registry.
"Member" shall mean and refer to any person or other entity which
holds membership in the Association.
J. "Owner" shall mean and refer to the owner of record of fee simple
interest in any lot in the Subdivision, excluding those persons having such interest merely
of the security interest for the performance of an obligation.
K. "Person" shall mean and refer to a natural person, corporation.
partnership, firm, association, trust or other legal entity. The use of the masculine
pronoun shall include the neuter and feminine, and the use of the singular shall include
the plural where the context so requires.
3

Section II - Properties Subject To This Declaration
1. Applicability. Lots 1 through 11 as shown on the recorded plats of
Woodward Park Subdivision referred to above, are expressly made subject to the
operation of these Covenants. .
2. Additional Lands. Declarant at any time prior to December 31, 2024, reserves
the right to add or bring additional phases, lots, or lands under this Declaration by filing in
the office of the Register of Deeds for Carteret County, North Carolina, either an
applicable amendment or a supplementary Declaration of Covenants and restrictions with
respect to the additional lots, phases, or properties. Said amendments or supplemental
Declaration would extend the scheme of development and the binding effect of these
Covenants and restrictions on the additional property, and such amendments or
supplementary Declarations may contain complementary additions and modifications of
these Covenants and restrictions as may be necessary to reflect the different character of
the added properties. In no event shall the supplementary declaration revoke, modify or
add to these Covenants as they are applicable to the lots set forth in section 1 above.
3. Reservations. The Declarant reserves the right absolutely to change, alter or
redesignate the allocated, planned, platted, or recorded use, area, or designation of any
of the lots shown on the map of Woodward Park Subdivision recorded aforesaid so long
as the Declarant retains title to the property involved, so long as any changes or
alterations are in conformance with Carteret County's Subdivision and zoning ordinances,
including, but not limited to the right to change, alter or redesignate roads, utility and
drainage facilities, and to change, alter or redesignate such other present or proposed lot
lines and facilities as may, in the sole judgment of the Declarant, be necessary or
desirable.
Section III - Association Memberships and Voting Rights
Declarant has heretofore incorporated Woodward Park Owners" Association,
Inc. for the benefit of lot Owners within said Subdivision so as to provide for the
maintenance, upkeep and repair of roads and streets pending acceptance of
maintenance responsibilities by a governmental authority, as well as the maintenance,
upkeep and repair of drainage easements, conservation areas and common areas which
are subject to the management and administration of the Association.
Section 1. Membership
(a) Every person or entity who is a record owner of a fee or
undivided fee interest in any lot which is subject by these Covenants to assessments by
the Association shall be a member of the Association, subject to and bound by the
Association's Articles of Incorporation, By-Laws, rules and regulations. The foregoing is
not intended to include persons, or entities who hold an interest in any lot merely as
security for the performance of an obligation. Ownership of record of such lot shall be
4

the sole qualification for membership. When any lot is owned of record in tenancy by the
entireties ( husband and wife) , joint tenancy, or tenancy in common or by some other
legal form of multiple Ownership, the membership (including the voting power arising
therefrom) shall be exercised only as stipulated in section 2 herein below.
(b) During any period when a member shall be in default
in the payment of any annual, special or other periodic assessment levied by the
Association, the voting rights and right to the use of the common or any other facilities
which the Association may provide, may be suspended by the Board of Directors of the
Association until such assessment is paid. In the event of violation by a member of any
rules and regulations established by the Board of Directors of the Association, such
member's voting and use rights may be suspended by the Board of Directors of the
Association after a hearing at which the general requirements of due process shall be
observed. Such hearing shall only be held by the Board of Directors of the Association
(or a committee thereof) after giving the member ten (10) days prior written notice
specifying the alleged violation and setting the time, place and vote of the hearing.
Determination of violation shall be made by majority vote of the board or the committee
thereof.
(c) No membership fee shall be charged nor members be
required to pay at any time any amount to carry on the business of the Association except
to pay when due the charges, assessments, and special assessments levied upon each
member's lot as specified in the Declaration or as the members of the Association may
from time to time adopt.
Section 2. Voting and Voting Rights.
(a) The voting rights of the membership shall be appurtenant
to the ownership of lots. The ownership of each lot by a person other than Declarant
shall entitle its owner to one vote. The Association shall have two classes of voting
membership as follows:
(1) Class A Regular Member. Class A regular
members shall be all owners, other than the Declarant; however, the Declarant shall be a
class A regular member to the extent provided in subparagraph 2 below. Class A regular
members shall be entitled to one vote for each lot owned.
(2) Class B Regular Members. The Class B
regular member shall be the Declarant, and it shall be entitled to three votes for each lot in
which it holds a fee or undivided fee interest; provided, the class B regular membership
shall cease and be converted to class A membership on the happening of either of the
following events, whichever first occurs:
(i) Four (4) months after the total votes outstanding in the
5

Class A regular membership equal the total votes outstanding in the Class B
membership; or
(ii) On December 31, 2024.
(b) When two or more persons hold an interest (other than a
leasehold or security interest) in any lot, all such persons shall be members. The vote for
such lot shall be exercised by one or such persons as proxy and nominee for all persons
holding an interest in a lot and in no event shall more than one (1) vote be cast with
respect to any lot (except with respect to lots owned by Declarant), nor shall any fractional
vote be cast.
(c) Any member who is delinquent in the payment of any
charges duly levied by the Association against any lot owned by such member shall not
be entitled to vote until all such charges, together with such reasonable penalties as the
Board of Directors of the Association may impose, have been paid.
(d) Members shall vote in person or by proxy executed in
writing by the member. No proxy shall be valid after eleven (11) months from the date of
its execution or upon conveyance by the member of his lot. A corporate member's vote
shall be cast by the president of the member corporation or by any other officer or proxy
appointed by the president or designated by the Board of Directors of such corporation,
which designation must be in writing.
(e) Voting on all matters except the election of directors
shall be by voice vote or by show of hands unless a majority of the members present at
the meeting shall, prior to voting on any matter, demand a ballot vote on that particular
matter. Where directors or officers are to be elected by the members, the solicitation of
proxies for such elections may be conducted by mail.
Section IV- Common Area Property Rights
Section 1. Description of Association Common Areas. The Association
common areas shall initially consist of the drainage easements, conservation areas
and other areas designated "common area", as shown on the recorded plats. The
drainage and utility easements shown on the plats have been privately dedicated to the
owners of lots within said Subdivision and their heirs, successors and assigns, for utility
and stormwater use and the maintenance of adequate drainage of surface waters within
the Subdivision. The streets and roads have been publicly dedicated by the recordation
of the plats and until maintenance of the roads is assumed by the North Carolina
Department of Transportation, and the responsibility for maintenance shall be assumed
by the Declarant per County requirements and then the Association. The Declarant has
reserved the right in accordance with these Covenants to assign, lease or transfer or
assign the street, utility and drainage easements to governmental agencies or third
parties for maintenance purposes.
6

Section 2. Dedication of Streets and Roads; Drainage Easements. The
Declarant by the recordation of the Woodward Park plats has dedicated the streets within
Woodward Park to public dedication. The members of the public as well as all lot owners
and their heirs, successors in interest and assigns, and members of the Association shall
have the right of enjoyment of the streets. Declarant by the recordation of plats showing
the streets and roads offers the same for dedication to the North Carolina Department of
Transportation and at such time as the density per mile meets the criteria of the
Department of Transportation, will convey, transfer or assign the streets by right of way,
easement or other conveyance to the Department of Transportation for the future
maintenance and upkeep of said streets. Pending acceptance of said streets by a
governmental agency, the Association shall have the continuing obligation and duty to cut
the grass shoulders of the streets, to fill in the shoulders and pave or fill in holes in the
streets after any warranty period under County Regulations in which Declarant has the
responsibility for maintenance of the pavement portion of the roads.
Title to the drainage easements located within the Subdivision is vested in the
owner of each lot over which such drainage easement runs, but the Association shall
have the continuing responsibility to maintain the drainage easements. Title to any
common areas over which drainage easements are located shall be vested in the
Association with maintenance of the same being the responsibility of the Association.
Section 3. Area Lights, Privacy Fences, Entrance Way and Signage. It shall
be the responsibility of the Association to maintain and pay for all utility charges and
maintenance expenses associated with any area lights not specifically assigned to a
numbered lot by a utility company, and the Association shall also maintain any privacy
fences installed by the Declarant around a portion or all of the Subdivision boundaries or
on any portions of the common areas, including the entrance way and Subdivision
entrance signs, landscaping, walls, and utilities associated therewith.
Section 4. Easements of Enjoyment. Every lot owner shall have a right and
easement of enjoyment in and to the common area properties and easements granted
herein. Each regular owner may delegate, in accordance with the by-laws, his right of
enjoyment to the common areas and facilities to the members of his family, his tenants, or
contract purchasers who reside on the property.
Said rights of use and enjoyment shall be subject to the following provisions:
(a) The Association shall have the right to charge dues and
assessments for the upkeep and maintenance of Association properties, streets,
common areas, drainage easements, and other amenities which are the responsibility of
the Association herein. Likewise, the Association shall have the right to charge dues and
assessments for the construction and maintenance of any improvements on said areas,
and to provide for all types of insurance for the Association.

(b) The Association shall have the right to suspend the right to the
use of any Association properties by any member for any period during which any dues or
assessments against such member are overdue and unpaid, and for a period not
exceeding sixty (60) days for any infraction of rules and regulations established by the
Association for the regulation and control of Association properties. Likewise, the
Association shall have the right to fine any member an amount not exceeding $50.00 for
each violation of rules and regulations established by the Association.
(c) The Association by rules and regulations established from time
to time shall have the right to provide for the use and enjoyment of common areas and
Association properties. This right to the use of Association properties shall extend to
regular members of the Association and relatives of members who reside with and in the
house of members, tenants of each member's lots in the Subdivision so long as the
tenancy exists, and contract purchasers of lots in the Subdivision who reside on the lot.
Section 6. Title to the Common Areas. The Declarant hereby Covenants that it
will convey fee simple title to the common areas shown on the aforementioned recorded
plats as well as those shown on subsequent phases of the Subdivision to the Association,
free and clear of all encumbrances and liens, except utility, drainage easements, and
easements to governmental authorities, at such time as 75% of the lots have been sold.
Section 7. Parking and Use Regulations for Boats, Trailers, Etc. The
Association may regulate the parking and use of boats, trailers, motor home, recreational
vehicles, trucks and similar items on the common areas. No boats, trailers, motor
homes, recreational vehicles or trucks shall be parked within the right of way of any public
street in this development.
Section 8. Antennas and Satellite Discs. The Association may regulate or
prohibit the erection of any type of antennas on individual lots. The Association may
further regulate or prohibit satellite discs except that satellite discs no larger than 24
inches in diameter may be erected with the prior written approval of the Association. A
satellite disc less that 24 inches in diameter shall be screened such that the disc is not
visible from the street or other common areas and such screening must be approved by
the committee.
Section V- Covenants for Dues and Assessments
Section 1. Monthly Assessments for Maintenance Fund. For each lot owned
within Woodward Park, each owner Covenants and agrees, and each subsequent owner
of any such lot Covenants and agrees, that by acceptance of a deed therefore whether
or not it is so expressed in such deed, that the owner will pay to the Association the
assessments and charges provided for in this Declaration.
(a) Every owner of a lot in the Subdivision by the acceptance of a deed to
the same, which shall be conclusively evidenced by the recording of a deed in the office of
8

the Register of Deeds Covenants and agrees to pay to the Association such annual dues
and assessments for maintenance and upkeep of Association properties, capital
improvements and the construction of improvements and facilities on or to Association
properties, and the administration of properties and facilities assigned to the Association
for operation and management, as may established from time to time by the Board of
Directors and membership of the Association. Such dues and assessments together
with interest at the legal rate of interest, cost and reasonable attorney's fees if the dues
and assessments remain unpaid, shall be a continuing lien on each lot against which said
assessment is made until paid in full. Said dues and assessments shall also be the
personal obligation of the owner of each lot at the time the dues and assessments
become due, and the personal obligation shall not pass to a successor in title unless
expressly assumed by the successor. However, said dues and assessments shall be a
lien on said lot and a sale or transfer of any lot shall not affect the lien for unpaid dues or
special assessments against said lot.
(b) The dues and assessments shall be used exclusively for the purpose of
maintaining subdivision streets pending acceptance by the State Department of
Transportation, the maintenance of drainage ditches and easements, the maintenance
and upkeep of Association properties, the construction of improvements and facilities
thereon, the upkeep, maintenance, operation and management of properties or facilities
leased to or assigned to the Association in accordance with these Covenants, as well as
the upkeep, maintenance and replacement of equipment, improvements in facilities
thereon, and generally for the promotion of the recreational, health, safety and welfare of
the membership. Additionally, the dues and assessments may be used for acquiring all
types of property, casualty and liability insurance for the Association, and the dues and
assessments may be used to fund any of the activities, powers and authority of the
Association as the Association is authorized to do as a non-profit owners' association.
(c) The Declarant shall have no obligation to pay dues and assessments for
unsold lots. As a lot is sold in the Subdivision, the Declarant shall collect from each
purchaser two months assessments and dues as working capital which shall be paid to
the Association, and the Declarant shall notify the Association as to the name and
address of each purchaser. The obligation to pay dues shall commence as to all members
purchasing lots on the date the deed to the lot from the Declarant shall be recorded.
Section 2. Maximum Monthly or Annual Assessments. The Association Board
of Directors is authorized to assess and collect its regular dues and assessments on
either a monthly, quarterly, semi-annual, or annual basis. Until January 1 of the year
immediately following the conveyance of the first lot to an owner, the maximum annual
assessments shall be $200.00 per lot, per year pending further notification from the
Association.
(a) From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment may be
9

increased each year not more than ten (10%) percent above the maximum assessment
for the previous year without a vote of the regular membership.
(b) From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment may be
increased above ten (10%) percent by a majority vote of the regular members of the
Association who are voting either in person or by proxy, at a meeting duly called for said
purpose.
(c) The Board of Directors may fix the annual assessment at an amount not
in excess of the maximum.
Section 3. Special Assessments for Capital Improvements or Extraordinary
Expenditures. In addition to the regular annual assessments authorized in paragraph 2
above, the Association may levy, in any assessment year, one or more special
assessments applicable to that year for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of capital improvements
upon the common areas, or property or facilities assigned to the Association for operation
and administration, including equipment, fixtures and personal property related thereto,
as well as for the purpose of defraying, in whole or in part, any extraordinary expenses
resulting from storms, casualties or similar expenses resulting from extraordinary
circumstances beyond the control of the Board of Directors, provided that each such
assessment shall have the assent of fifty one (51%) percent of the regular members of the
Association who are voting in person or by proxy at a meeting duly called for this purpose.
Section 4. Notice and Quorum for any Action Authorized Under Sections 2 and 3
Above. Written notice of any meeting called for the purpose of taking any action
authorized under sections 2 or 3 above shall be sent to all regular members not less than
ten (10) days nor more than twenty (20) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to cast sixty (60%) percent
of all the votes of the membership of the Association shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half of the
required quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 5. Non Payment of Assessments. Any member failing to pay the annual
assessments and dues or any fees or charges authorized by the Association within a period of
thirty (30) days after the billing thereof, shall be deemed to be in default. The Board of Directors
shall caused to be filed in the Office of the Clerk of Superior Court or in the office of the Register of
Deeds of Carteret County an instrument suitable for recordation which shall set for the name of
the owner, the lot description, the amount of the assessment, the date the assessment was due,
and the fact that the Board of Directors has given the owner notice of said assessment and said
owner has failed to pay said assessment. In addition to the assessment so stated, all amounts
necessary for the collection of said assessment, including, but not limited to mailing costs,
recording costs, and a reasonable attorney's fee incurred for the collection thereof, together with
io

interest at the legal rate of interest, shall constitute a lien against said lot and shall be due and
payable from the delinquent owner.
Following the recordation of said lien, the Board of Directors is authorized to institute an
appropriate action in a court having jurisdiction over the subject matter and the parties in order to
collect the assessments, interest, costs and attorney's fees from the owners and in order to effect
a sale of the property to satisfy the lien for the delinquent assessments and expenses.
Section 6. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of
any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to
mortgage foreclosure or any proceedings in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to the sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments thereafter becoming due or from the lien
thereof. Likewise, the sale or transfer shall not relieve the lot owner from personal liability
therefrom.
Section 7. Suspension or termination of voting rights. In addition to any other rights the
Association may have with regard to non-payment of assessments and dues, the payment of any
assessments levied by the Association shall be a prerequisite to the exercise of any voting rights
earlier provided for herein and for serving on the Board of Directors of the Association. Any
member failing to pay the assessments or dues on his lot so that the same thereafter become
delinquent, shall be deemed ineligible to vote at any annual or special meeting of the membership
and shall be deemed ineligible to serve on the Board of Directors or as an officer of the
Association so long as said delinquency continues.
Section VI - Architectural Control, Inspection and Use Restrictions
Declarant shall have the responsibility of enforcing the restrictions set forth in this section
prior to the formation of the Committee, which, upon appointment by the Board of Directors, shall
assume and be responsible for enforcement. References in this section to "Committee" shall
mean Declarant until the Committee is appointed and references to "Declarant" shall include the
Committee once it is appointed. The following architectural restrictions shall apply to each and
every lot now or hereafter subject to this Declaration:
Section 1. General Theme, Approval of Plans and Architectural Committee.
(a) Declarant has established as the general architectural theme and buildindesign
for the Subdivision a coastal traditional design and motiff which would permit a mixture of wood,
brick, stucco using acceptable application procedures, as well as a high grade of vinyl as
approved by the Architectural Review Committee. Houses and residential structures of a
modern or contemporary design or era as well as houses constructed with flat roofs will be
prohibited unless specifically approved by the Declarant or Architectural Committee as being
proper and fitting for the Subdivision. Nothing herein shall be construed as dictating the type or
quality of materials used so that hardiboard, stucco, cedar shake, wood brick and similar sidings
will be allowed. It is the Declarant's intent that specified architectural styles or designs be
11

followed as opposed to requiring the use of specified materials. The Committee has the right to
adopt and enforce materials that will not be allowed and to formulate guidelines for owners
preparing to build residential structures. The use of vinyl and the appearance and quality of
specific vinyl is subject to prior approval of the Architectural Review Committee.
(b) No site preparation or initial construction, erection, or installation of any
improvements, including, but not limited, to residences, outbuildings, docks, landscaping,
fences, walls, signs, antennas and other structures, shall be undertaken upon the lots unless the
plans and specifications therefore, showing the nature, kind, shape, size, height, materials, and
location of the proposed improvements on the lot, including but not limited to, the house, decks,
garage, driveways, parking areas, plants, shrubs, trees (including trees to be removed), marsh
and wetland areas located on the lot, and any other permanent structures or changes to be made
to the lot, shall have been first submitted to the Committee and expressly approved in writing. No
subsequent alternation or modification which will result in an exterior, structural change to the
residence, outbuilding, or significant changes to the landscaping may be undertaken on any of the
lots without the prior review and express written approval of the Committee.
(c) In the event the Committee fails to approve or disapprove the site or design of
any proposed improvements within thirty (30) days after plans and specifications have been
submitted and received, approval will not be required, and the requirements of this article will be
deemed to have been fully met; provided, that the plans and specifications required to be
submitted shall not be deemed to have been received by the Committee if they contain erroneous
data or fail to present adequate information upon which the Committee can arrive at a decision.
(d) The Committee shall have the right, at its election, to enter upon any of the
lots during site preparation or construction, erection or installment of improvements, to inspect the
work being undertaken and to determine that such work is being performed in conformity with the
approved plans and specifications and in a good and workmanlike manner, utilizing standard
industry methods and good quality materials.
(e) The approval of any such plans, specifications or other items submitted to the
Committee pursuant to this section shall not impose any liability or responsibility on the
Committee or the Association with respect to either the compliance or non-compliance with any
such plans, specifications, or other items (including any improvements or structures erected in
accordance therewith) with applicable zoning ordinances, building codes or other governmental
or quasi-governmental laws, ordinances, rules and regulations or defects in or arising from such
plans, specifications or other items (including, without limitation, defects relating to engineering
matters, structural and design matters and the quality or suitability of materials).
(f) For so long as Declarant is a class B regular member of the Association, or
until such time as the Declarant notifies the Board of Directors in writing of its desire to have the
Association elect the members of the Committee, the Declarant shall serve as the Committee,
and shall exercise the authority to approve plans and other matters set forth in this article. After
Declarant divests itself of all lots within the property, or so notifies the Association in writing, the
Committee shall be appointed by the Board of Directors to serve for a term of one year or until
their successors have been duly appointed in the event of the death, resignation or removal by the
Board of Directors of a member of the Architectural Review Committee.
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(g) With the submission of the plans and specifications. the owner shall pay a
non-refundable architectural review fee to the Declarant in such amount as may be established
from time to time by the Declarant for the review of the plans and specifications, so long as the
Declarant is acting as the Committee, and thereafter shall pay to the Board of Directors such fee
as may be approved from time to time for architectural review of the plans and specifications.
Section 2. Use Restrictions.
(a) All numbered lots shall be used for single family residential purposes only No
structures shall be constructed, altered, placed or permitted to remain on any lot in the
Subdivision unless the same is a single family residence.
(b) Mobile homes, recreational vehicles, trailers, manufactured homes, modular
homes, tents and all other structures of a temporary character are expressly prohibited from being
placed, put or maintained on any lot at any time. Provided, this prohibition shall not apply to
shelters used by a contractor or builder during the construction of a single family dwelling so long
as said temporary shelter is not used at any time as a residence and said temporary shelter is
immediately removed following completion of the dwelling. As used herein, the term "mobile
home" and "manufactured home" shall have those definitions and meanings set forth in G.S.
41-2.5, G.S. 143-143.9(6), and G.S. 143-145(7). Provided, that the width and length of a
manufactured home, or mobile home shall be irrelevant and inapplicable as it is the intent of these
Covenants to prohibit manufactured homes, modular homes and mobile homes of all sizes
regardless of length or width.
(c) Only stick built detached single family homes first submitted to and approved by
the Architectural Control Committee shall be permitted on any of the lots within the Subdivision.
A "modular" home which is defined herein as a prefabricated structure having floors, walls,
ceilings, or roof composed of sections or panels of varying size which have been fabricated prior to
erection on a building foundation, shall be prohibited. Nothing herein shall prohibit pre-assembled
and manufactured floor and roof trusses or window or door components from being used. No
buildings or structures of any kind shall be permitted on any lot within the Subdivision unless first
submitted to and approved in advance by the Architectural Control Committee.
(d) All fuel tanks or similar storage receptacles are prohibited from being exposed to
view and shall be buried underground if possible, or such receptacles may be installed only
within the main dwelling house, within a permitted accessory building, or within a screened area
Provided, the Declarant shall be permitted to erect, place or permit the placement of tanks,
equipment and other apparati within the Subdivision for uses related to utilities to the Subdivision.
Section 3. Minimum Building Requirements. No residential structure shall be
constructed on any of the residential lots within the Subdivision unless the residential structure
shall contain a minimum of 1800 square feet of enclosed dwelling area for each residential
structure. For any dwelling containing more than a single story, (a) an one and one-half story
must contain a minimum of 1800 square feet, with not less than 1000 square feet on the first
floor; and (b) a two story dwelling must contain a minimum of 1800 square feet, with a minimum of
13

1000 square feet on the first floor. As used herein the term "enclosed dwelling area" shall mean
the total enclosed heated area within a dwelling, excluding garages, terraces, decks, unenclosed
porches, and similar areas. In the event the Declarant specifies a higher minimum square footage
of enclosed dwelling area in deeds to purchasers of lots within the Subdivision than as set forth in
this paragraph, then the higher minimum square footage figure set out in the deed shall be
controlling and shall be complied with.
(a) No building shall be erected or allowed to remain on any lot in said Subdivision
within 30 feet of the street abutting the front of each lot or within 10 feet of any side line of each lot,
within 20 feet of any side street, or within 30 feet of the rear lot line, or as said setbacks may be
required under the Carteret County Zoning and Subdivision Ordinances, whichever is the greater
amount of setback. Outbuildings other than the primary structure shall meet the zoning
ordinance set back requirements as a minimum rear setback. If due to topography, irregular lot
shape or similar factors directly related to other lots within the Subdivision, the setbacks herein
would create a hardship or burden on an owner, upon written application to the Architectural
Control Committee, the Committee is authorized to vary said setbacks the minimum amount
necessary in order to provide for a suitable and aesthetically pleasing structure on the subject lot.
However, any such variance by the Architectural Control Committee would be subject to prior
approval by Carteret County or other governmental agency having authority over the issuance of
building permits and enforcement of Subdivision or zoning setback requirements.
(b) The exterior of all houses and other structures must be completed within twelve
(12) months after construction is commenced, except under such circumstances where such
completion is impossible or would result in great hardship to the owner or builder due to strikes,
fires, national emergency or natural calamities. No house may be occupied unless it has been
built substantially in accordance with the approved plans and specifications as approved by the
Committee and a certificate of completion has been issued by the appropriate governmental
inspector. During all periods of construction, the lot owner shall be responsible for providing
suitable receptacles for debris, trash, building materials, and the like, and shall be responsible for
insuring that trash and debris from construction activities does not move to or accumulate on
adjoining properties, the Subdivision streets or roads, or common areas. Additionally, each lot
owner shall be responsible for the damages to Subdivision roads, utilities, and vegetation within
the common areas, on adjoining lots, or within the Subdivision roads and utility easements, as
may be caused by the acts or omissions of each lot owner's contractors, subcontractors, material
suppliers, agents or employees.
(c) Each lot owner shall provide receptacles for garbage and trash in a screened
area not generally visible from the road giving access to the premises, and the Declarant and/or
Association may require the purchase and use of uniform specified roll-out containers meeting the
requirements of the contractor providing trash pickup services. All fuel tanks shall be underground
if possible, and wood piles shall be enclosed within a fence, wall or plant screen so that the same
shall not be visible from any street or residence in the Subdivision. All mailboxes shall be uniform
as approved and specified by the Architectural Review Committee and Declarant in order to meet
Department of Transportation specifications and requirements
14

(d) Each lot owner shall provide space for parking two automobiles off the street
prior to the occupancy of any dwelling constructed on said lot and automobiles shall not be parked
on the streets within said Subdivision, except for special events approved by the Association.
(e) Each lot owner may be permitted, if approved by the Architectural Review
Committee, the right to build, erect or maintain either a detached garage or one additional
detached structure if the garage is attached to the main dwelling. Any detached structure to be
used as a cabana or gazebo shall not exceed one story in height, and any detached building used
as a garage shall not exceed one and a half stories in height. No detached building shall be used
for any activity normally conducted as a business. Any cabana or gazebo shall be so located
where the same does not interfere with the view of adjoining lot owners as determined by the
Architectural Control Committee. All detached buildings shall be prohibited from being
constructed prior to the construction of the main dwelling, and all detached buildings shall comply
with all setback requirements set forth herein for the main dwelling. Every detached building shall
be built of the same quality and type of materials and so designed as to be compatible with the
main dwelling house located on the same lot. All detached buildings shall be located no closer to
the street on which the lot fronts than the detached single family dwelling located thereon.
(f) In order to protect the conservation areas located on the branch from erosion and
in order to attempt to reduce the amount of stormwater run-off of soil and lot coverings, each lot
owner shall be prohibited from cutting, killing, or otherwise providing for the removal either directly
or indirectly of any tree on any lot within the Subdivision exceeding six inches in diameter except
for any tree or vegetation within the proposed "footprint" of the dwelling or outbuilding to be
constructed on the lot, or suitable safety zone around the same, without the prior written approval
of the Architectural Control Committee. The Architectural Control Committee is authorized to
allow the cutting or removal of trees that are diseased or damaged, or constitute a potential
damage to structures, automobiles or persons on the subject lot or adjoined lots,
The Architectural Control Committee is further authorized to allow the removal of trees
which obstruct the lot owner's conservation areas view.
"Footprint" as used herein is defined as the specific location on each lot where the dwelling,
outbuilding, driveway, decks, terraces, and utilities systems are proposed to be located. Trees
and vegetation within the footprint may be removed so long as the footprint of each lot is submitted
to and approved in advance by the Architectural Control Committee. The Committee shall be
guided by the intent of the Declarant herein that existing vegetation outside the footprint be
protected.
(g) Clothes lines and television satellite disks exceeding twenty four (24) inches in
diameter are expressly prohibited. Any television satellite disk meeting the requirements of not
exceeding 24 inches in diameter shall additionally be installed at a location to the rear of the main
dwelling and screened appropriately with fencing or vegetation so that the same may not be seen
or observed from the Subdivision street on which the lot fronts.
15

(h) The pickup of garbage, trash and refuse shall be in accordance with such rules
and regulations as may be established from time to time by the Woodward Park Owners'
Association, Inc. and the Association may require the purchase and use of rollout containers.
(i) All driveways leading from the Subdivision roads to the dwelling and/or structure
located on said lots shall be paved with asphalt, concrete, paving brick or other materials as
approved by the Architectural Control Committee. The paving of driveways with gravel or marl is
prohibited unless approved in writing by the Architectural Control Committee.
(j) No campers, boats, recreational vehicles or commercial trucks shall be parked at
any time on any lot unless the same is enclosed within a garage or accessory building which has
been approved by the Architectural Control Committee, or is located in the side yard or rear yard
not closer to the street than the main or primary front façade of the primary dwelling.
(k) The only permitted access to each lot from the Subdivision streets shall be over a
culvert and driveway constructed to Department of Transportation specifications over the drainage
ditching and swales along the Subdivision roads. All runoff conveyance systems will be vegetated
conveyances such as swales with minimum side slopes of 3:1(H:V) as defined in Division of
Water Quality stormwater rules. No piping is permitted or allowed in swales and conveyances
except for minimum amounts necessary to direct runoff beneath an impervious surface such as a
road and the minimum amount needed under driveways to provide access to lots.
No lot owner shall fill in or alter any of the drainage system, ditches or swales of the Subdivision
without the written approval of the Declarant and the NC Division of water Quality. The
construction or placement of any headwalls or structures other than culverts will require prior
approval of the Architectural Review Committee and the North Carolina Department of
Transportation.
(I) Fencing shall have a maximum height of six (6) feet. All fencing visible from the
street shall be white vinyl. Vinyl clad fencing may be permitted in the rear yard so long as the
same is not visible from any street and the same has been approved in advance by the
Architectural Review Committee. All fencing materials and the proposed location of the same
shall be approved in advance by the Architectural Control Committee before being used or
installed.
(m) Permanent above ground swimming and wading pools are prohibited. Portable
"kiddie" pools are permitted.
(n) An elevator located on the exterior of a house and visible from the street or
adjoining lots are prohibited.
(o) The front yards of all houses shall be sodded from the street right of way on
which the lot is located to the facade of the house. The sprigging, seeding or planting of grass
except through the laying of sod in the front yard is prohibited except with the prior approval of the
Architectural Review Committee.
16

(p) All roof drains must terminate at least 50 feet from the branch or creek
on which the lot is located.
Section 4. Nuisances, Inoperable Vehicles, Etc.
(a) No unserviceable motor vehicles, appliances or other assorted junk and useless
materials may be kept on any lot. All lots shall be maintained free and clear of rubbish and debris.
(b) No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance
to the neighborhood. No horses, fowl, livestock or other animals shall be allowed on any of the
lots, except that lot owners actually residing upon their lots may keep pets which are customarily
domesticated, tame and considered house pets such as dogs, cats and birds. Pets will be on a
leash and under the owner's control at all times.
(c) The Association shall have the right to adopt regulations controlling,
prohibiting or limiting the playing of loud or amplified music, lyrics, and other sounds, to regulate
the hours of parties, cookouts and similar gatherings so as not to interfere with the quiet repose of
the neighborhood, and generally to adopt noise regulations in the interest of the general welfare of
the residents.
(D) All buildings, structures and their appurtenances as well as the landscaping,
sodding and appearance of each lot shall be maintained in a reasonable state of repair and
aesthetically pleasing in appearance without unsightly weeds and similar conditions. In the event
of damage to a building or other structure by fire or other casualty, the exterior of a building or
structure shall be repaired within six (6) months or the building structure shall be demolished and
the premises cleared of debris within six (6) months of the date the damage occurred. In the
event a lot owner fails to comply with the requirements of this paragraph and written notice is given
by the Declarant or Association specifying manner of default by the owner and the owner
thereafter fails to correct the conditions, the Declarant and Association may cure default by having
the conditions corrected and the costs of the same may be assessed as a lien against the lot and
the lot owner, and the lien may be enforced in the manner as set out in
Section V above.
Section 5. Signs. Without the prior written permission of the Architectural Control
Committee, no sign of any character shall be displayed on any lot except for a property
identification sign not exceeding two square feet, and "for sale" or "for rent" signs not exceeding
three square feet in size each. All signs must be either sandblasted or routed so that the
appearance of signage is uniform. Nothing herein shall prohibit the Declarant from erecting,
placing or maintaining such signs as may be deemed necessary or appropriate by the Declarant
for carrying out the Declarant's identification and marketing of the Subdivision.
Section 6. Subdividing. Except as to any lot still owned by the Declarant, no lot shall be
further subdivided, or its boundary lines changed, except with the prior written consent of the
Declarant and the approval of Carteret County if approval is required. Likewise, no lot shall be
used as a street, road, lane, way or easement over which access may be obtained from a
17

Woodward Park Subdivision lot to adjacent properties without the specific written consent of the
Declarant. In the event the Declarant hereafter determines it necessary to alter or change any
boundary lines or lot, then a revised plat of said Subdivision or section thereof subject to the
alteration or change shall be recorded, and all such lots thereon shall be subject to the terms and
conditions of these Covenants.
Section 7. Lot Recombinations. In the event an owner owns two adjoining lots and builds
one residential structure thereon so that an additional primary residential structure may not be
constructed thereon, so that the owner effectively combines two lots into one lot, then the owner
upon application to and approval by the Association Board of Directors and Carteret County if so
required, may be permitted to pay dues and assessments for only one lot. Upon such approval
by the Board of Directors, thereafter binding on future boards and the owners Association, the lot
owner's vote at any special or annual meeting shall be reduced from one vote per lot to one total
vote, and the minutes, records and membership list of the Association shall be so amended. Any
further division of the recombined lots thereafter or the sale of one or more parts of either lot for
future development will thereafter void such approval and the board is thereafter authorized to
collect dues and assessments for each lot owned and the vote of the lot owner shall be restored to
one vote per lot.
Section 8. Restrictions on Built-Up Area. In order to comply with the rules and
regulations of the North Carolina Division of Coastal Management and other state agencies with
regard to stormwater runoff, each owner of a lot shall be restricted to clearing, constructing and
using as "built-upon" area not more than the specified total area or square footage of each lot,
inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement,
structures, pavement, walkways of brick, stone, slate, but not including wood decking, for each
section under State Stormwater Management permits, as set out on the attached exhibit.
The overall tract built-upon area percentage of the project must be maintained at 25% per
the requirements of 15 NCAC 2H.1005 of the stormwater rules.
"Built-upon area" is defined as that portion of a residential lot that is covered with impervious or
partially pervious cover including buildings, pavement, recreation facilities, etc., but not including
decking. The State of North Carolina is a third party beneficiary to the provisions of this
paragraph and may enforce the same through proceedings, in law or in equity.
All lots shall maintain a minimum 30 foot wide vegetative buffer between all impervious areas and
Peletier Branch and roof drains must terminate at least 50 feet from the high water line of surface
waters. The built-upon areas shall be located at least 50 feet landward of all perennial and
intermittent streams.
Section 9. Filling of Lots. No lot shall be increased in size by filling in the conservation
areas or wetlands located on or adjoining the lot as shown on the recorded plats without the prior
written approval of the Architectural Review Committee, CAMA, and other appropriate state and
federal agencies.
18

10. Environmental Regulations and Conservation Covenants. Declarant has heretofore
recorded covenants regarding the preservation and safeguarding of the 1.87 acres of Wetlands
located within the Subdivision as shown on the plats recorded in Map Book 32, pages 349 and
480, pursuant to Department of the Army Permit Action ID 2008-02545 issued by the Wilmington
District of the US Army Corps of Engineers, in Book 1448, page 471, Carteret County Registry,
with the terms, prohibited and restricted activities and required actions being incorporated herein
by reference and made a part hereof as if fully set forth.
Therefore, , the drainage facilities, roads, utilities, areas of environmental concern,
wetlands, conservation areas, common areas and other properties within the Subdivision shall be
maintained at all times in a manner consistent with all state and federal agencies, and the State of
North Carolina and US Army Corps of Engineers shall have standing to enforce the provisions of
these Covenants with regard to the Stormwater Management Permit and Wetlands Permit and
Delineation and other relative matters. These covenants pertaining to stormwater and wetlands
protection may not be altered or rescinded without the express written consent of the State of
North Carolina, Division of Water Quality, and appropriate federal agencies.
Section 11. Wetlands. Declarant has caused to be shown and delineated on a
wetlands survey plat (herein wetlands survey) and verified by the U. S. Army Corps of
Engineers , all wetland areas. All of the Properties subject to this Declaration shall also be
subject to the special provisions herein relating to wetlands. Declarant in developing this
Property has agreed with the State of North Carolina and the Department of the Army Corps of
Engineers (pursuant to a permit issued by the State of North Carolina and the Corps of Engineers)
to preserve and maintain the conservation areas as shown on the plats in perpetuity, and be these
covenants hereby restricts and prohibits any future filling or other detrimental activities in the
conservation and wetland areas which presently exist within the identified areas of the Property.
Accordingly all conservation and wetlands areas shown and delineated on the wetlands survey
shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall
fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, burn or harm
any vegetation; nor construct or place any roads, trails, walkways, buildings, signs utility poles,
towers or temporary or permanent structures, nor allow animal grazing or watering or any other
agricultural use on such conservation area, nor drain or otherwise disrupt or alter the hydrology or
drainage ways of the conservation areas, nor dump or store soil, waste or trash, or use for any
agricultural or horticultural purpose. Benign structures, such as pile-supported walkways, may
be permissible only after reviewed and written consent is provided by the U.S. Army Corps of
Engineers.
The areas shown on the plat entitled "Wetland Protection Plat of Woodward Park" dated April 16,
2013, surveyed by Bell & Phillips Surveying, PLLC, as Conservation Area, said Area being
hatched or shaded , recorded in Map Book 32, page 349, shall be maintained in perpetuity in its
natural or mitigated condition. No person or entity shall perform any of the following activities on
such conservation area:
a. Fill, grade, excavate or perform any other land disturbing activity;
b. Cut, mow, burn, remove or harm any vegetation;
19

c. Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers, or any other permanent or temporary structures;
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
e. Dump or store soil, trash or other waste;
f. Graze or water animals or use for any agricultural or horticultural purpose.
This covenant is intended to ensure compliance with the mitigation condition of authorizations
issued by the United State of America, U.S. Army Corps of Engineers, Wilmington District, Action
ID 2008-02545, and therefore may be enforced by the United States of America. These
covenants and conditions are to run with the Property and shall be binding on the Declarant and all
future owners of lots and all parties claiming thereunder.
This Section pertaining to the conservation areas and wetlands shall not be amended or
modified without the express written consent of the U.S. Army Corps of Engineers, Wilmington
District.
Section VII - Easements
A. Utility Easements. The Declarant reserves unto itself a perpetual, alienable and
releasable easement and right-of-way on, over, under, through and upon the ground with men and
equipment to erect, maintain, and inspect, repair and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and pipes and other suitable equipment for the conveyance
and use of electricity, telephone equipment, gas, sewage, water and community utilities or
conveniences in and over the front ten feet of each lot and ten feet along one side line of each lot
and such other areas as may be shown on the recorded map of the Subdivision, together with the
right to cut drainways for surface water whenever action may appear to the Declarant to be
necessary in or to maintain reasonable standards of health, safety and appearance. These
easements and rights-of-way expressly include the right to cut trees, bushes or shrubbery, grading
of the soil, or to take similar actions reasonably necessary to provide economical and safe utility
installation and to maintain reasonable standards of health, safety and appearance. The Declarant
further reserves the right to assign said easements to one or more public or private water and/or
sewer utility companies for service to each lot in the future.
B. Street Lighting. The Declarant reserves the right to subject the real property in this
Subdivision to a contract with Carteret Craven and/or Duke Progress Energy or such other utility
companies serving the property for the installation of underground electric cables which may
require an initial contribution and/or the installation of street lighting, which will require a continuing
monthly payment to the applicable electrical utility company by the owner of each building or the
Association.
C. Drainage Easements. Each lot owner shall keep free and clear any and all drainage
easements shown on the recorded map of the Subdivision, and each owner shall in no way
obstruct, block or impede the flow of water through said drainage easements. In the event any lot
owner should obstruct, block or impede the flow of water through said drainage easements or
allow said obstruction or blockage to remain so as to impede the flow of water, then the Declarant,
20

Association of property owners, or one or other property owners within the Subdivision shall have
the right to clear said drainage easements and to recover from the party responsible the cost of
said clearing if said obstruction or blockage were the results of deliberate acts or negligence of the
responsible party.
D. Use and Maintenance of Public Roads; Street Disclosure.
Pending transfer of the road to the North Carolina Department of Transportation or other
governmental agency, all costs and responsibilities for maintenance and upkeep of the
Subdivision roads shall belong to the Developer except that the Association shall cut the grass,
fill in the shoulders of the road rights of way and fill in or repave as necessary following the end of
Declarant's Warranty Period, pending acceptance. The Developer has provided the County
with a maintenance guaranty for these purposes. The Association shall provide as part of its
annual dues all estimated costs for the cutting of grass, the filling of road shoulders and repair
work pending acceptance by the Department of Transportation.
E. Subdivision Identification Signs. The Declarant reserves the right to place signs,
fencing, brick or stucco walls, or other appropriate structures identifying Woodward Park
Subdivision in the middle of the entrance road or on one or more lots adjacent to or in close
proximity to the intersection of the entrance road so as to identify said Subdivision and to protect
the privacy and well-being of owners and residents upon approval of Carteret County. In the
event any part of the walls, fencing or structures encroach onto any lot or road right of way, said
encroachment may continue and the Declarant reserves the right to go on, over, under, through
and upon the ground of such portion of the road or lots as may be necessary in order to make
repairs or alterations to said walls and signs.
Section VIII - Covenants Run With the Land
These Covenants and restrictions shall run with the land and inure to the benefit of the lot
owners fora term of twenty-five (25) years from the date these restrictive Covenants are recorded.
Thereafter, said Covenants shall be automatically renewed and extended for successive periods
of ten (10) years each. These Covenants and restrictions may be amended by an instrument
executed by lot owners holding or owning not less than 2/3's of the lots within said Subdivision.
Any amendment adopted pursuant to this section must be properly recorded.
Section IX - Violations
In the event of a violation or breach of any of these Covenants by any lot owner or other
person, the Declarant, Owners' Association or any one or more owners of lots in the Subdivision,
or any of them jointly or severally, shall have the right to proceed at law or in equity to compel
compliance with the terms and conditions set forth herein and to prevent the violation or breach of
these Covenants, and to recover damages as compensation for a breach or violation of these
Covenants. Any failure to enforce any right, reservation, or conditions contained in these
Covenants, however long continued, shall not be deemed a waiver of the right to do so hereafter
as to the same e breach, or as to a breach occurring prior or subsequent thereto, and shall not bar or
affect its enforcement.
21

Section X - Invalidation
The invalidation by a court or other public agency of any of the provisions of these
Covenants shall not in any way affect any of the remaining provisions, and the same shall remain
in full force and effect.
Section XI - Initial By-Laws and Rules and Regulations of
Woodward Park Owners Association, Inc.
The initial by-laws adopted by the Board of Directors of said Association are set forth on
Appendix B attached hereto and incorporated by reference. All owners of lots and the guests,
families and invitees of regular members, shall be bound by and fully comply with the by-laws of
said Association as well as the Articles of Incorporation of said Association attached as exhibit a.
the Association shall have the authority to adopt amendments to the by-laws governing the
business and affairs of the Association from time to time in the manner and procedures prescribed
by the by-laws and Articles of Incorporation attached as exhibits hereto. The by-laws set forth the
organization of the Board of Directors and officers, the time and manner of meetings of the
Association, quorum and voting procedures, and other rights, powers, responsibilities, duties and
obligations of the officers, directors and members of the Association.
The Association shall further have the authority to adopt from time to time rules and
regulations regarding the duties and responsibilities of the Association and its individual members
with regard to the use, enjoyment, maintenance, ownership, upkeep and maintenance of
Association properties and the purposes of the Association.
In witness whereof, the Declarant has executed this instrument on the day and year first
above written.
Woo.. and Dev-1R i t npany
By:
President
STATE OF NORTH CAROLINA
COUNTY F,CRTERET
I, vi't Qti f a Notary Public, in and for said County and State, do hereby
certify that ;e , President of Woodward Development Company,a
North Carolina Corporation, personally appeared before me this day and in the capacity as
president of Woodward Development Company., acknowledged the due execution of the
foregoing instrument for the purposes therein expressed for and on behalf of said corporation.
Witness my hand and official seal or stamp this the I da i . owl
@tar
My commission expires O.4U t cd Zs zofj $
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Prepared by: Richard L. Stanley, Attorney at Law, P.O. Box 150, Beaufort, North Carolina
28516
SUBORDINATION OF DEED OF TRUST
TO TERMS AND CONDITIONS OF RESTRICTIVE COVENANTS
FOR WOODWARD PARK SUBDIVISION
The undersigned lender and beneficiary of that certain Deed of Trust as executed by Woodward
Development Company to the designated trustee therein, said Deed of Trust beings recorded in Book 1282,
page 193, Carteret County Registry, does hereby subordinate its recorded Deed of Trust to the Declaration
of Covenants, Conditions and Restrictions for Woodward Park Subdivision, lands which are encompassed
by the description in the recorded Deed of Trust, so that hereafter the lots shown on the recorded plats of
Phases of Woodward Park Subdivision may be sold, transferred, mortgaged, owned and used in accordance
with the terms of the Covenants, Conditions and Restrictions for Woodward Park Subdivision, and so that
lot owners will have the use and enjoyment of the roads and other amenities as shown on the recorded plats
and as described in the Declaration of Covenants, Conditions and Restrictions for Woodward Park
Subdivision.
In witness whereof, the Lender and Beneficiary of said Deed of Trust and the Trustee have executed
this Subordination.
Lende Br ch Banking and Trust Company
By:
Name: Mc, - 3n
Title: St'. V;�Q 13C.e ;.9-5L,C
BB & Co teral Service Corporation
Truste
By ------
Name: '\- '"1
Title: j.Lc_ � ‘ . -
STATE OF NO H CAROLINA
COUNTY OF cive-
7,- -on,l'i Pre.4.4.)- ire.-1(e41 , a Notary Public for the aforesaid Count y and S y State,
e, do
hereby certi that et. • f_...c.-y) personally appeared before me this day and
acknowledged that he/she is the , e ice_ (e&de' of Branch Banking a nd Trust
Company!, a North Carolina banking Corporation, and that by authority duly given and as the act of the
Corporation, the foregoing instrument was signed in its name by the person named herein on behalf of said
corporation.
Witness my hand and seal, this the I ? day ofji,L 2014
23

,
o� 1 V ;,1ii1lS3. ,f-.tk,
My Commission Expires: �t..A.AA.Lv , �� e0 1 S a * ' ..1�"'' rn
STATE OF NOR I CAROLINA �4 r?3s�°:VNe �''fle'4''
COUNTY OFF '
lte��a°afaueaaCetassIO �
I,
�n''k a �/ k4J , a Notary Pu lic i and for
said County State, do hereby certify that n(arfc {{- Aurae rsoilin the capacity of Vtce fresidenK)n
behalf of BB &T Collateral Service Corporation,personally appeared before me this day and acknowledged
the due execution of the foregoing instrument for the purposes therein stated.
Witness my hand and seal, this the '1 day of --Tune_ 0
S
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24

EXHIBIT A
Maximum Built-upon Area for Lots:
Each lot is limited to 6621 square feet each of built-upon area with a maximum construction of 113,361
square feet of built-upon for the Subdivision.
25

WITNESSETH:
WHEREAS, Declarant, Woodward Development Company, is the owner of certain real
property as conveyed to it by deeds recorded in Book 1286, page 366, Carteret County
Registry, and Declarant has caused the property described therein to be subdivided into lots
for a Subdivision known as Woodward Park as shown on plat recorded in Map Book 32, page
349, as amended in Map Book 32, page 480, Carteret County Registry, hereinafter called
" Woodward Park", or the "Property";
WHEREAS, Declarant intends to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 080935, as issued by the Division of of Water Quality under
NCAC 2H.1000;
WHEREAS, Declarant intends to develop its property into a quality residential
Subdivision with all improvements being constructed using quality materials and workmanship
so as to create a unique community that is harmonious with its Peletier Branch environment,
and Declarant intends to form a Homeowners' Association to enforce and maintain the
quality of the property and its amenities and common area which may include entrance way,
signage, street lighting, natural areas and such other common areas and amenities that
Declarant or the Homeowners' Association may provide for the general welfare and recreation
of the Owners;
WHEREAS, it is in the mutual interest of the Declarant and every person, firm or
corporation hereafter acquiring any of the lots within Woodward Park that these Covenants,
conditions, easements, assessments, liens and restrictions governing and regulating the use
and occupancy of Woodward Park be established,fixed and set forth and declared to be Uniform
Covenants running with the land;

WHEREAS, Declarant desires to preserve the value, amenities, desirability, and
attractiveness of the Subdivision and to provide for the continued maintenance and operation
of the common areas as may be provided therein, as well as to compliment and re-enforce
the natural beauty of the Peletier Branch setting with trees and natural areas, and to
accomplish this purpose, Declarant desires to coordinate the architectural work, landscaping,
signage, lighting and other aspects of the development so that they will fit into the landscape
of the property, and so that improvements on each lot as nearly as possible fit in with the natural
environment.
NOW, THEREFORE, in order to provide for the foregoing, the Declarant does hereby
covenant and agree with all persons, firms or corporations now owning or hereafter acquiring
any portion Woodward Park Subdivision, that the use of lots in Woodward Park Subdivision is
hereby made subject to the following restrictions, Covenants, terms and conditions which shall
run with said land and shall be binding on all property Owners within said Subdivision and their
successors and assigns.
Section I - Definitions
As used throughout this Declaration, the following terms shall have the definitions set
out herein as follows:
A. "Amenities" shall mean the facilities constructed, erected, installed or set
aside on the common areas for the use, benefit and enjoyment of members.
B. "Association" shall mean and refer to Woodward Park Owners'
Association, Inc., a non-profit corporation organized and existing under the laws of the state
of North Carolina, its successors and assigns, which is established for the administration,
maintenance and regulation of the common areas, streets and other common areas and facilities
3

(g) Clothes lines and television satellite disks exceeding twenty four (24) inches in
diameter are expressly prohibited. Any television satellite disk meeting the requirements of not
exceeding 24 inches in diameter shall additionally be installed at a location to the rear of the main
dwelling and screened appropriately with fencing or vegetation so that the same may not be seen or
observed from the Subdivision street on which the lot fronts.
(h) The pickup of garbage, trash and refuse shall be in accordance with such rules and
regulations as may be established from time to time by the Woodward Park Owners' Association, Inc.
and the Association may require the purchase and use of rollout containers.
(i) All driveways leading from the Subdivision roads to the dwelling and/or structure
located on said lots shall be paved with asphalt, concrete, paving brick or other materials as approved
by the Architectural Control Committee. The paving of driveways with gravel or marl is prohibited unless
approved in writing by the Architectural Control Committee.
(j) No campers, boats, recreational vehicles or commercial trucks shall be parked at any
time on any lot unless the same is enclosed within a garage or accessory building which has been
approved by the Architectural Control Committee, or is located in the side yard or rear yard not closer
to the street than the main or primary front façade of the primary dwelling.
(k) The only permitted access to each lot from the Subdivision streets shall be over a
culvert and driveway constructed to Department of Transportation specifications over the drainage
ditching and swales along the Subdivision roads. All runoff conveyance systems will be vegetated
conveyances such as swales with minimum side slopes of 3:1(H:V) as defined in Division of Water
Quality stormwater rules. No piping is permitted or allowed in swales and conveyances except for
minimum amounts necessary to direct runoff beneath an impervious surface such as a road and the
minimum amount needed under driveways to provide access to lots.
24

No lot owner shall fill in or alter any of the drainage system, ditches or swales of the Subdivision without
the written approval of the Declarant and the NC Division of water Quality. The construction or
placement of any headwalls or structures other than culverts will require prior approval of the Architectural
Review Committee and the North Carolina Department of Transportation.
(I) Fencing shall have a maximum height of six (6) feet. All fencing visible from the street
shall be white vinyl. Vinyl clad fencing may be permitted in the rear yard so long as the same is not
visible from any street and the same has been approved in advance by the Architectural Review
Committee. All fencing materials and the proposed location of the same shall be approved in
advance by the Architectural Control Committee before being used or installed.
(m) Permanent above ground swimming and wading pools are prohibited. Portable
Akiddie" pools are permitted.
(n) An elevator located on the exterior of a house and visible from the street or
adjoining lots are prohibited.
(o) The front yards of all houses shall be sodded from the street right of way on which
the lot is located to the facade of the house. The sprigging, seeding or planting of grass except through
the laying of sod in the front yard is prohibited except with the prior approval of the Architectural Review
Committee.
(p) All roof drains must terminate at least 50 feet from the branch or creek on
which the lot is located.
Section 4. Nuisances, Inoperable Vehicles, Etc.
(a) No unserviceable motor vehicles, appliances or other assorted junk and useless
materials may be kept on any lot. All lots shall be maintained free and clear of rubbish and debris.
25

three square feet in size each. All signs must be either sandblasted or routed so that the
appearance of signage is uniform. Nothing herein shall prohibit the Declarant from erecting,
placing or maintaining such signs as may be deemed necessary or appropriate by the Declarant
for carrying out the Deciarant's identification and marketing of the Subdivision.
Section 6. Subdividing. Except as to any lot still owned by the Declarant, no lot shall be further
subdivided, or its boundary lines changed, except with the prior written consent of the Declarant and
the approval of Carteret County if approval is required. Likewise, no lot shall be used as a street, road,
lane, way or easement over which access may be obtained from a Woodward Park Subdivision lot to
adjacent properties without the specific written consent of the Declarant. In the event the Declarant
hereafter determines it necessary to alter or change any boundary lines or lot, then a revised plat of
said Subdivision or section thereof subject to the alteration or change shall be recorded, and all such
lots thereon shall be subject to the terms and conditions of these Covenants.
Section 7. Lot Recombinations. In the event an owner owns two adjoining lots and builds one
residential structure thereon so that an additional primary residential structure may not be constructed
thereon, so that the owner effectively combines two lots into one lot, then the owner upon application
to and approval by the Association Board of Directors and Carteret County if so required, may be
permitted to pay dues and assessments for only one lot. Upon such approval by the Board of Directors,
thereafter binding on future boards and the owner's Association, the lot owner's vote at any special or
annual meeting shall be reduced from one vote per lot to one total vote, and the minutes, records and
membership list of the Association shall be so amended. Any further division of the recombined lots
thereafter or the sale of one or more parts of either lot for future development will thereafter void such
approval and the board is thereafter authorized to collect dues and assessments for each lot owned and
the vote of the lot owner shall be restored to one vote per lot.
Section 8. Restrictions on Built-Up Area. In order to comply with the rules and regulations of
the North Carolina Division of Coastal Management and other state agencies with regard to stormwater
runoff, each owner of a lot shall be restricted to clearing, constructing and using as "built-upon" area
27

not more than the specified total area or square footage of each lot, inclusive of that portion of the
right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways
of brick, stone, slate, but not including wood decking, for each section under State Stormwater
Management permits, as set out on the attached exhibit.
The overall tract built-upon area percentage of the project must be maintained at 25% per the
requirements of 15 NCAC 2H.1005 of the stormwater rules.
"Built-upon area" is defined as that portion of a residential lot that is covered with impervious or
partially pervious cover including buildings, pavement, recreation facilities, etc., but not including decking.
The State of North Carolina is a third party beneficiary to the provisions of these covenants and may
enforce the same through proceedings, in law or in equity.
Construction of additional impervious areas such that low-density requirements are no longer met will
require a permit modification prior to construction. An engineered system will be required to collect and
treat the runoff from all built-upon area associated with the project including that area permitted under
the low density option.
All lots shall maintain a minimum 30 foot wide vegetative buffer between all impervious areas and Peletier
Branch and roof drains must terminate at least 50 feet from the high water line of surface waters. The
built-upon areas shall be located at least 50 feet landward of all perennial and intermittent streams.
Section 9. Filling of Lots. No lot shall be increased in size by filling in the conservation areas
or wetlands located on or adjoining the lot as shown on the recorded plats without the prior written
approval of the Architectural Review Committee, CAMA, and other appropriate state and federal
agencies.
10. Environmental Regulations and Conservation Covenants. Declarant has heretofore
28

recorded covenants regarding the preservation and safeguarding of the 1.87 acres of Wetlands
located within the Subdivision as shown on the plats recorded in Map Book 32, pages 349 and 480,
pursuant to Department of the Army Permit Action ID 2008-02545 issued by the Wilmington District
of the US Army Corps of Engineers, in Book 1448, page 471, Carteret County Registry, with the terms,
prohibited and restricted activities and required actions being incorporated herein by reference and made
a part hereof as if fully set forth.
Therefore, , the drainage facilities, roads, utilities, areas of environmental concern, wetlands,
conservation areas, common areas and other properties within the Subdivision shall be maintained at
all times in a manner consistent with all state and federal agencies, and the State of North Carolina and
US Army Corps of Engineers shall have standing to enforce the provisions of these Covenants with regard
to the Stormwater Management Permit and Wetlands Permit and Delineation and other relative matters.
These covenants pertaining to stormwater and wetlands protection may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water Quality, and
appropriate federal agencies.
Section 11. Wetlands. Declarant has caused to be shown and delineated on a wetlands
survey plat (herein wetlands survey) and verified by the U. S. Army Corps of Engineers , all wetland
areas. All of the Properties subject to this Declaration shall also be subject to the special provisions
herein relating to wetlands. Declarant in developing this Property has agreed with the State of North
Carolina and the Department of the Army Corps of Engineers (pursuant to a permit issued by the State
of North Carolina and the Corps of Engineers) to preserve and maintain the conservation areas as shown
on the plats in perpetuity, and be these covenants hereby restricts and prohibits any future filling or
other detrimental activities in the conservation and wetland areas which presently exist within the
identified areas of the Property. Accordingly all conservation and wetlands areas shown and
delineated on the wetlands survey shall be maintained in perpetuity in their natural or mitigated condition.
No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut,
remove, burn or harm any vegetation; nor construct or place any roads, trails, walkways, buildings, signs
utility poles, towers or temporary or permanent structures, nor allow animal grazing or watering or any
29

Pending transfer of the road to the North Carolina Department of Transportation or other governmental
agency, all costs and responsibilities for maintenance and upkeep of the Subdivision roads shall belong
to the Developer except that the Association shall cut the grass, fill in the shoulders of the road riahts
of way and fill in or repave as necessary following the end of Declarant's Warranty Period, pending
acceptance. The Developer has provided the County with a maintenance guaranty for these purposes.
The Association shall provide as part of its annual dues all estimated costs for the cutting of grass, the
filling of road shoulders and repair work pending acceptance by the Department of Transportation.
E. Subdivision Identification Signs. The Declarant reserves the right to place signs,fencing, brick
or stucco walls, or other appropriate structures identifying Woodward Park Subdivision in the middle of
the entrance road or on one or more lots adjacent to or in close proximity to the intersection of the
entrance road so as to identify said Subdivision and to protect the privacy and well-being of owners
and residents upon approval of Carteret County. In the event any part of the walls,fencing or structures
encroach onto any lot or road right of way, said encroachment may continue and the Declarant reserves
the right to go on, over, under, through and upon the ground of such portion of the road or lots as may
be necessary in order to make repairs or alterations to said walls and signs.
Section VIII - Covenants Run With the Land
These Covenants and restrictions shall run with the land and inure to the benefit of the lot owners
for a term of twenty-five (25) years from the date these restrictive Covenants are recorded. Thereafter,
said Covenants shall be automatically renewed and extended for successive periods of ten (10) years
each. These Covenants and restrictions may be amended by an instrument executed by lot owners
holding or owning not less than 2/3's of the lots within said Subdivision. Any amendment adopted
pursuant to this section must be properly recorded.
Section IX - Violations
•
32

EXHIBIT A
Maximum Built-upon Area for Lots:
Each lot is limited to 6621 square feet each of built-upon area with a maximum construction of 113,361
square feet of built-upon for the Subdivision.
For those lots within CAMA's area of Environmental Concern,where DCM calculates a different maximum
lot built-upon area, the governing maximum lot BUA shall be the more restrictive of the two amounts.
37

**************IcIcICICIC*IC*******ICIC%KIc*****I<IC****IC*IC**********IC*IC*ICIC%K*IC*IC*XIC*Ic**IC*****7K******Ic*ICICIc***IC****
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TRANSACTION REPORT �c
OCT-21-2008 TUE 09:52 AM *
�c FOR: NCDENR 910 350 2004
�K SEND t
* DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP *
* OCT-21 09:51 AM 919103250060 1'29" 7 FAX TX OK 417 *
iK TOTAL : 1M 29S PAGES: 7 >Ic
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********************************>K*********************************************************** c**EK***
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
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To: �L From: Sandra Exum
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Re: o tom
_Hard copy to follow
127 Cardinal Drive Extension,Wilmington,NC 28405•[phone]•An Equal Opportunity Affirmative Action Employer