20051878 Ver 1_rourk woods recordedrestrictive covenants_20060420

Brrm avir]r Comrty--Register of beady
Robert J. Robinson
Inst 1326573 Book 2375Pa128
04/21/2006 12:51:00M Rec1aa
(o'�] 14
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CASH__ REF_BY
Wetlands Restrictive Covenant for Rourk Woods
NORTH CAROLINA —13RUNSWICK COUNTY
THIS RESTRICTIVE COVENANT is made on Avh; �� , 2006, by
Rourk Woods, Inc., a North Caroline corporation ("Declarant" ),
WITNESSETH:
WHEREAS, Declarant owns certain property located in the Town of Shallotte,
Brunswick County, North Carolina, on which the Rourk Woods cora un is being developed,
said property being shown on that plat recorded in Map Cabinet at Page
Brunswick County Registry (said property is hereinafter refertad to as the "Property" and such
recorded plat is hereinafter recurred to as the "Plat");
WHEREAS, the Property contains 31.34 acres of wetlands that are to be protected (such
wetlands, together with the 0.72 acres buffer along a portion of the wetlands, all as shown on the
Plat, are hereinafter referred to as the "Conservation Area"); and
WHEREAS, Declarant has received authorization from the U.S. Army Corps of
Engineers, Wilmington District, Action ID 200500915, for certain impacts in connection with
the project, and Declarant is executing this restrictive covenant for the purpose of complying
with the mitigation condition of such authorization.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and
conveyed subject to the following restrictive covenant:
The Conservation Area shall be maintained in perpetuity in its natural or
mitigated condition. No person or entity shall perform any of the following activities on
the Conservation Area:
(a) Ell, grade, excavate or perform say other land disturbing activities;
(b) cut, mow, bum, remove, or harm any vegetation;
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Inst p 326573 Book 2375Page: 129
(c) construct or place any roads, trails, walkways, buildings, mobile boom,
signs, utility poles or towers, or any other permanent or temporary
structures;
(d) drain or otherwise disrupt or alter the hydrology or drainage ways;
(e) dump or store soil, trash, or other waste; or
(f) graze or water animals, or use for any agricultural or horticultural purpose.
Notwithstanding the foregoing restrictions, construction and maintenance of
elevated boardwalks shall be allowed as approved by the Corps of Engineers.
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the U.S. Army Corps of
Engineers, Wilmington District, Action ID 200500915, and therefore may be enforced by
the United States of America. This covenant shall run with the land, and shall be binding
on Declarant and all parties claiming under it.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the
day and year first above written.
Roark
Woods, Inc.
13Y 4L
awson S
L. Triple , Jre , Pre dent
BRUNSWICK COUNTY,, (NORTH CAROLINA
1, 8OWA W
O t r IA , a Notary Public, certify that LAWSON S.
TRIPLETT, JR. personally came before me this day and acknowledged that he Is President of
Rourk Woods, Inc., a corporation, and that he, as President, being authorized to do so, executed
the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the AO— day of A2r; , 20(0.
(Oficial seal)Q
y„pnnAurrp
yPQp,W , RRLN Signature piA ofN'ol/ary
W 4-V6f in Notary Public
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, My commission expires: r
165101 4.DOC - 2 -