20081062 Ver 1_Stormwater Info_20080702

-?MULKEY
ENGINEERS & CONSULTANTS
PO Box 331 27
RALEIGH, NO 27636
PHONE: [phone]
FAx: 919-B51-191B
0 [R V R U i!
JUL 2 2008
DENR-WATER QUALITY
WETLANDS AND STORMWATER BRANCH
LETTER OF TRANSMITTAL
To: Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Date: July 2, 2008
** HAND DELIVER **
Re: Grace Church Road Crossing
I am sending you the following item(s):
Job No.: 2008271.00
COPIES DATE NO. DESCRIPTION
7 Application form with Attachments
7 Construction Plans
1 $240.00 Check

These are transmitted as checked below:
? As requested
® For approval
? For review and comment
? For your use
? For Signatures
Remarks:
Please let me know if there are any questions or comments. [phone] or [e-mail].
Thank you for your time and assistance.
Copy to: File
Signed:
Warren M. Sugg, P.E.
Project Engineer
kR@190w?Do
JUL 2 2008
DEW. WATER QUALITY
WETLANDS AND $TORMWATER BRANCH
CHECK REQUEST
Date: 7/l/2008
Payee: /q cl) C W Amount: $240.00
Payees Vendor M 7 3??
Reason: Reynolds Mill Stream Crossing Permit fees
Address:
Cost Code
Requested By: Dan F Aner
Approved By: I or
425720 61-000-5100
1MULKEY
_ E!
July 1, Zoos
Grace Church Road Stream Crossing
Checklist
Calculations
Operation and Maintenance Agreement
Picture

Engineer's Statement: Mulkey Engineers will monitor the Contractor's installation of the level
spreaders to ensure that they are installed in accordance with the design calculations and construction
drawings and that the entire drainage area is stabilized. If the level spreaders are installed correctly,
then based on the design requirements and guidance produced by DWQ, they should operate as
design.
•????u??nel
.•P-.?N CAR
_Q
JUL 2 2008
DENR - WATER DUAUTY
WETLANDS AND STDRMWATER BRANCH
MULKEY INC. 6750 TRYON ROAD CARY, NO 2751 1 PO BOX 33127 RALEIGH, NO 27636 PH: 919-851-1912 FAx: [phone] B WWW.MULKEYINC.COM

I III. REQUIRED" ITEMS CHECKLIST, ,, `:
' Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
' requirement has not been met, attach justification.
' Pagel Plan
Initials Sheet No.

' AS C" IDZ 1, Plans (1" - 50' or larger) of the entire site showing:
Design at ultimate build-out,
- Off-site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
' Forebay (if applicable),
High flow bypass system,
- Maintenance access,
Recorded drainage easement and public right of way (ROAN), and
' Boundaries of drainage easement.
NHS G_1D2 2. Plan details (1" = 30' or larger) for the level spreader showing:
' Forebay (if applicable),
- High flow bypass system,
- One foot topo lines between the level lip and top of stream bank,
Recorded drainage easement, and
' Design at ultimate build-out.
WM5 C-(p 3. Section view of the level spreader (1" = 20' or larger) showing:
' Underdrain system (if applicable),
Level lip,
- Upslope channel, and
Downslope filter fabric.
'

Rr»>D 4. A date-stamped photograph of the filter strip that clearly shows the type of vegetation that is present,
5. An assurance that the installed system will meet design specifications upon initial operation once the
project is complete and the entire drainage area is stabilized.
Ik c-?o3
- ID 4 6. A construction sequence that shows how the level spreader will be protected from sediment until the entire
drainage area is stabilized.
PTAe-WIrD 7. The supporting calculations.
8. A copy of the signed and notarized inspection and maintenance (I&M) agreement.
9. A copy of the deed restriction.
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.3 Part III, page 1 of 1
Red triangles at the upper right hand corner indicate design comments
Please complete the yellow shaded items.
O? ?F\IA TFROG
>.?,
NCDENR
' STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information,
h PROJECT INFORMATION
' Project name Grace Church Road Stream Crossnig
Contact name Warren M. Sugg, PE
Phone number 919-858-1811
' Date June 23, 2008
Drainage area number Drainage #1
111. DESIGN INFORMATION
For Level Spreaders Receiving Flow From a BMP
Type of BMP
Drawdown flow from the BMP cfs
'
For Level Spreaders Receiving Flow from the Drainage Area
Drainage area 30,827 ftz
Impervious surface area 7,094 ftz
' Percent impervious 0.23
Rational C coefficient 0.715
Peak flow from the 1 in/hr storm 0.505998737 cfs
' Time of concentration min
Rainfall intensity, 10-yr storm 7.22 in/hr
Peak flow from the 10-yr storm 3.653310884 cfs
Where Does the Level Spreader Discharge?
To a bioretention cell? (Y or N)
To a wetland? (Y or N)
To a filter strip or riparian buffer? Y (Y or N) Please complete filter strip characterization below.
Other (specify)
Filter Strip or Riparian Buffer Characterization (if applicable)
' Width of grass ft
Width of dense ground cover ft
Width of wooded vegetation 50 ft
' Total width 50 ft
Slope (from level lip to to top of bank) 6 %
Are any draws present? N (Y or N) OK
' Level Spreader Design
Forebay surface area 51 scl ft OK
Feet of level lip needed per cfs 65 ft/cfs
' Answer "Y" to one of the following:
Length based on the 1 in/hr storm? Y (Y or N)
Length based on the 10-yr, 24-hr storm? (Y or N)
Length based on the BMP discharge rate? (Y or N)
Design flow 1 cfs
Is a bypass device provided? Y (Y or N) OK
Length of the level lip 33 ft Level spreader length OK.
' Are level spreaders in series? N (Y or N)
I Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.3 Parts I. and II. Design Summary, page 1 of 2
Bypass Channel Design (if applicable)
Does the bypass discharge through a wetland?
Does the channel enter the stream at an angle?
Dimensions of the channel (see diagram below):
M
B
W
y
Peak velocity in the channel during the 10-yr, 24-hr storm
Channel lining material
N (Y or N)
1 ft
7 ft
1 ft
4 cfs
Rip Rap
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.3 Parts I. and II. Design Summary, page 2 of 2
Method for Sizina Trapezoidal Channels
Project Name: Grace Church
Operator: WMS
Job Number: 2008271.00
Date: 6/25/2008
Channel: Bypass Channe l for Level Spreader #1
Description: 10-yr Design
Design Parameters =_> Cited tables and figures are from "NC Erosion & Sediment Control Planning and Design Manual"
Peak Flow, Q = 3.65 CFS
Channel Lining = Rip Rap
Max. Permissible Velocity, Vn,a, = 4.0 FPS (Table 8.05a)
VR = 0.88 for use in Figure 8.05c
Manning's Roughness Coefficient, n = 0.02 from Figure 8.05c, using Retardance Classification "C"
Longitudinal Slope of Channel, s = 0.250 FT/FT
Bottom Width, B = 1 FT
Horizontal Side Slopes, M = 3 FT
design channel depth, d = 1.0 FT
normal water depth, dn = 0.5 FT
Channel Physical Calculations =_>
Cross-Sectional Area, A = 1.25 SF
Wetted Perimeter, P = 4.16 FT
Hydraulic Radius, R = 0.30 FT
Find Normal Depth =_>
Zreq = 0.098
Zav = 0.561 OK
Change values of B, M, and d until Zreq - Zav
Calculate Velocity =_>
Calculated Velocity, V = 2.92 FPS
Check to make sure V is less than VmaX OK
Check Freeboard =_> Need at least 6 " of freeboard
Freeboard, df = 6.00 in
OK

Calculation Sheet
r,
? IAULI<EY
NCLIENT SUBJECT
PROJECT No.
Flow from first inch to Level Spreader (Q,..) = 0.51 cfs
Total Flow from System (Q10) = 3.65 cfs
Flow to Bypass system (Q) = 3.14 cfs
HEADWATER DESIGN
Q,-, =.0437 * 0.6 * d2 * sqrt(z-(d/24))
d = PVC outlet pipe diameter (try) 6"
z = height of weir
z= 0.82' OK
USE = 1.00'
WEIR DESIGN
Assumption for height of water over weir = 1.0'
Q=Cw*B*H1.5
CW = 3.33 for sharp-crested weirs
B = width of weir (solve for)
H = Height assumption
B = 0.94'
Say 1' for width
Use Standard 24" x 36" precast box
Minimum height of box (without lid)= 2.00
Page OF
Prepared By Date
Reveiewed By Date
Values to be input by user
Hvdraflow Plan View
3
4
2
1
Outfall
Project File: New.stm No. Lines: 4 06-23-2008
Hydraflow Storm Sewers 2005
M M
Hydraulic Grade Line Computations
Page 1
Line Size Q Downstream Len Upstream Check JL
coeff Minor
loss

Invert HGL Depth Area Vel Vel EGL Sf Invert HGL Depth Area Vel Vel EGL Sf Ave Enrgy
elev elev head elev elev elev head elev Sf loss
(in) (cfs) (ft) (ft) (ft) (sqft) (ft/s) (ft) (ft) (%) (ft) (ft) (ft) (ft) (sgft) (ft/s) (ft) (ft) (%) (%) (ft) (K) (ft)
1 18 1.23 338.50 338.92 0.42 0.41 3.00 0.14 339.06 n/a 36.0 340.48 340.90 0.42** 0.41 3.00 0.14 341.04i n/a n/a n/a 0.50 n/a
2 18 1.01 345.00 345.27 0.27* 0.21 4.80 0.36 345.62 n/a 25.0 345.50 345.88 0.38** 0.36 2.83 0.12 346.01 i n/a n/a n/a 1.49 n/a
3 15 0.78 345.70 346.02 0.32 0.24 3.21 0.16 346.18 n/a 98.0 352.50 352.85 0.35** 0.29 2.74 0.12 352.97i n/a n/a n/a 1.49 n/a
4 15 0.38 352.70 352.98 0.28 0.21 1.82 0.05 353.03 n/a 25.0 352.95 353.20 j 0.25** 0.17 2.21 0.08 353.271 n/a n/a n/a 1.00 n/a
Project File: New.stm Number of lines: 4 Run Date: 06-23-2008
Notes: * Normal depth assumed.; ** Critical depth.; j-Line contains hyd. jump.
Hydraflow Storm Sewers 2005

Storm Sewer Summary Report Page 1

1

1

Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor HGL Dns
No. rate size length EL Dn EL Up slope down up loss Junct line
(cfs) (in) (ft) (ft) (ft) (%) (ft) (ft) (ft) A No.
1 1.23 18 c 36.0 338.50 340.48 5.500 338.92 340.90 n/a 341.06 i End
2 1.01 18 c 25.0 345.00 345.50 2.000 345.27 345.88 n/a 346.02 i 1
3 0.78 15 c 98.0 345.70 352.50 6.939 346.02 352.85 n/a 352.98 i 2
4 0.38 15 c 25.0 352.70 352.95 1.000 352.98 353.20 n/a 353.271 3
Project File: New.stm Number of lines: 4 Run Date: 06-23-2008
NOTES: c = cir; e = ellip; b = box; Return period = 10 Yrs. ; i - Inlet control.
Hydraflow Storm Sewers 2005
Storm Sewer Inventory Report
Page 1
Line Alignment Flow Data Physical Data Line ID
No
.
Dnstr Line Defl Junc Known Drng Runoff Inlet Invert Line Invert Line Line N J-loss Inlet/
line length angle type Q area coeff time El Dn slope El Up size type value coeff Rim El
No. (ft) (deg) (cfs) (ac) (C) (min) (ft) (%) (ft) (in) (n) (K) (ft)
1 End 36.0 -87.7 Comb 0.00 0.06 0.65 5.0 338.50 5.50 340.48 18 Cir 0.013 0.50 350.49
2 1 25.0 -8.2 Comb 0.00 0.06 0.78 5.0 345.00 2.00 345.50 18 Cir 0.013 1.49 350.49
3 2 98.0 83.7 Comb 0.00 0.08 0.78 5.0 345.70 6.94 352.50 15 Cir 0.013 1.49 356.66
4 3 25.0 83.8 Comb 0.00 0.08 0.65 5.0 352.70 1.00 352.95 15 Cir 0.013 1.00 356.66
Project File: New.stm Number of lines: 4 Date: 06-23-2008
Hydraflow Storm Sewers 2005
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Name: WAKE FOREST Location: 035° 57'42.20" N 078° 31'31.82" W NAD 27
Date: 6/23/2008
Scale: 1 inch equals 1000 feet
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WAKE COUNTY, NORTH CAROLINA
ration. As a result, stands of crops are poor and replant-
ilg of the severely eroded spots may be necessary.
This soil is fairly well suited to many of the locally
ro«'n crops, and the areas that have been cleared are
sed for row crops and pasture. About three-fourths of
lie acreage is in forest, and the rest is cultivated or in
astl1re. This soil contains a large amount of exchange-
ble aluminum, which is toxic to some plants. Intensive
ractices that effectively control runoff and erosion are
eeded in the cultivated areas. (Capability unit IIe-3,
,oodland suitability group 11, wildlife suitability
Tollp 1)
White Store clay loam, 2 to 15 percent slopes, severely
roded (WvD3).-This soil is on Piedmont uplands. It has
red to brown clay loam surface layer 3 to 6 inches
flick. The present surface layer is a mixture of the re-
' raining original surface soil and of material from the
ubsoil. The color of the subsoil ranges from dusky red
nd yellowish red to strong brown and olive yellow, with
onion mottles of gray. The subsoil is 9 to 36 inches
' (rick and consists of clay that is very firm when moist
lid ?-ery plastic when wet.
Infiltration is poor. Most of the water from rainfall
uns off the surface.
This soil is too eroded for cultivation, and most of the
creage is in forest. The areas that have been cleared
)could be kept in pasture or permanent hay crops. (Capa-
ility unit Vl=e-2, woodland suitability group 11, wildlife
uitability group 1)
(Vilkes Series
The Wilkes series consists of gently sloping to steep.
' 'ery shallow to moderately deep soils that are well
trained. These soils occupy small areas on side slopes and
ar rounded divides in the Piedmont uplands, where the
lifference in elevation is about 75 feet between the high-
stand the lowest points. They have formed under forest-,
mostly in the northern and western parts of the county,
n material that weathered from mixed acidic and basic
ochs. The water table remains below the solum.
?Natural fertility is medium, and the content of organic
natter is low. The available water capacity is low, and
)ernleability and the shrink-swell potential are moderate.
kept in areas that have received lime, these soils are
lightly acid to medium acid. Response is fairly good if
able applications of lime and fertilizer are made.
In Wake County the Wilkes soils are of only minor
' nrPortance for farming. Most of the acreage is in forest.
P.-presentative profile of a Wilkes sandy loam in a
°0,c d area :;.5 miles north of N.C. Highway No. 54, on
ounty road No. 1650, and 10 feet east of road:
' =?11-0 to 8 inches, dark grayish-brown (2.5Y 4/2) sandy
loam ; moderate, medium, granular structure ; very
friable when moist; many fine and medium, woody
and fibrous roots ; many fine pores ; common, medi-
um and fine quartz pebbles ; slightly acid ; abrupt,
wavy boundary.
B2t-8 to 12 inches, strong-brown (7.5YR 5/6) clay loam;
common, fine, distinct, yellow mottles and few, fine,
distinct, red mottles ; strong, fine and medium, angu-
lar blocky structure to massive ; firm when moist,
sticky and plastic when wet; many fine and medium,
woody and fibrous roots ; few fine pores ; thin, dis-
continuous clay films on vertical surfaces of peds ;
' sh.-btly acid; clear, wavy boundary.
63
B3-12 to 19 inches, pale-yellow (5Y 8/3), strong-brawn
(7.5YR 5/6), and yellowish-brown (10YR 5/6) clay
loam mixed with particles of decomposed, fine-
grained schist ; massive ; friable when moist ; few,
fine, woody roots in cracks ; slightly acid ; gradual,
wavy boundary.
C1-19 to 29 inches, pale-yellow (5Y 8/3), yellowish-red (5YR
5/6), yellowish-brown (10YR 5/6), and black (10YR
2/1) silt loam ; decomposed schist ; few, fine, woody
roots in cracks ; slightly acid ; clear, wavy boundary.
C2-29 to 38 inches, pale-green silt loam that is decomposed
schist streaked with black (10YR 2/1) and strong
brown (7.5YR 5/8) ; slightly acid.
R-38 inches -{-, hard, fine-grained schist containing a large
amount of basic minerals.
The Ap horizon ranges from 3 to 12 inches in thickness,
from yellowish brown or dark grayish brown to dark brown
in color, and from sandy loam to silt loam in texture. The
132t horizon ranges from 2 to 10 inches in thickness, generally
has a clay or clay loam texture, and has varied colors that
range from 5YR to IOYR in hue. The B horizons range from
8 to 36 inches in combined thickness and from sandy loam
to clay loam, mixed with saprolite, in texture. The color of
the B horizons ranges from 5YR to 5Y in hue. These soils
are generally massive. In many places they have clay films
in the cracks. The solum ranges from 12 inches to 40 inches
in thickness. Depth to hard rock ranges from 2 feet to 10
feet or more.
Wilkes soils occur with Louisburg, Wake, and Enon soils.
They have a darker, more brownish color than the Louisburg
and Wake soils and are less acid than those soils. Wilkes
soils have a thinner solum than the Enon soils.
Wilkes soils, 2 to 10 percent slopes (WwQ.-These
soils are on small ridges and side slopes in the uplands.
They have a yellowish-brown or grayish-brown to dark-
brown surface layer of sandy loam to silt loam that is
3 to 12 inches thick and contains clayey spots in many
places. The color of the subsoil ranges from brown or
dark brown to gray and yellowish red. The subsoil is 8
to 36 inches thick. It ranges from sandy loam to clay loam
in texture and from very friable to firm in consistence.
Infiltration is good, and surface runoff is medium to
rapid. The hazard of erosion is very severe. These soils
are somewhat difficult to till, but they can be worked
throughout a fairly wide range of moisture content.
About two-thirds of the acreage is in forest, and the
rest is in pasture or is cultivated. These soils are fairly
well suited to many of the locally grown crops. Intensive
practices that effectively control runoff and erosion are
needed, however, if cultivated crops are grown. (Capa-
bility unit IVe-3, woodland suitability group 12, wildlife
suitability group 4)
Wilkes soils, 10 to 20 percent slopes (WwE).-These
soils are on side slopes that border upland drainageways.
Their surface layer is yellowish-brown or grayish-brown
to dark-brown sandy loam to silt loam and is 3 to 10
inches thick. In many places the surface layer contains
clayey spots. The subsoil ranges from brown or dark
brown to gray or yellowish red in color, from very
friable to firm in consistence, and from sandy loam to
clay loam in texture.
Infiltration is good. Surface runoff is very rapid.
These soils are mainly in forest, but a small acreage is
in pasture. Because of the strong slopes and the bedrock
near the surface in some places, the areas that have been
cleared should be used only for pasture or for permanent
hay crops. (Capability unit VIe-2, woodland suitability
group 12, wildlife suitability group 4)

1

64
SOIL SURVEY
Wilkes soils, 20 to 45 percent slopes (WWF).-These
soils are on side slopes bordering major drainageways in
the uplands. They have a surface layer of yellowish-
brown or grayish-brown to dark-brown sandy loam to
silt loam 3 to 8 inches thick. Their subsoil ranges from
brown or dark brown to gray or yellowish red in color,
from very friable to firm in consistence, and from sandy
loam to clay loam in texture.
Infiltration is good. Surface runoff is very, rapid.
Practically all of the acreage is in forest. Because of
the strong slopes and bedrock near the surface, these
soils should be kept in forest. (Capability unit VIIe-1,
woodland suitability group 12, wildlife suitability group
4
Wilkes stony soils, 15 to 25 percent slopes (WxE).-The
soils of this unit are on side slopes that border major
drainageways m the uplands. Their surface layer is
yellowish-brown or grayish-brown to dark-brown stony
sandy loam 6 to 10 inches thick. Large stones occupy
from 1 to 2 percent of the surface. The subsoil ranges
from brown or dark brown to gray or yellowish red in
color, from very friable to firm in consistence, and from
sandy loam to clay loam in texture.
Infiltration is good. Surface runoff is very rapid.
Practically all of the acreage is in forest. Because of
the strong slopes and bedrock near the surface, these soils
should remain in forest. (Capability unit VIIe-1, wood-
land suitability group 12, wildlife suitability group 4)
Worsham Series
The Worsham series consists of nearly level and gently
sloping, deep, poorly drained soils of Piedmont uplands.
These soils occupy small areas throughout the county, at
the heads of draniageways, on foot slopes, and in slight
depressions. They have formed under forest in translo-
cated material and in material that weathered from most
kinds of rocks underlying this area. A seasonally high
water table is approximately at the surface.
Natural fertility and the content of organic matter are
low, and permeability is moderately slow. The available
water capacity is medium, and the shrink-swell potential
is moderate. Except in areas that have received lime,
these soils are strongly acid. Response is fairly good if
suitable applications of lime and fertilizer are made.
The Worsham soils of Wake County are of only minor
importance for farming. Some areas have been cleared
and are used for pasture or waterways, but most of the
acreage is in forest. The areas that have been cleared
and have then been allowed to revert to forest are in
pines or in mixed pines and hardwoods.
Representative profile of Worsham sandy loam in a
wooded area 2 miles southwest of Wendell on county
road No. 2358, one-fourth of a mile north on county road
No. 1003, and 25 yards east of road :
01-5 to 2 inches, undecomposed forest litter.
02-2 inches to 0, dark-brawn, decomposed forest litter ; part
of litter is disintegrated, and part is not disinte-
grated ; many fine and medium, woody roots.
A11=0 to 2 inches, gray (10YR 5/1) sandy loam; weak,
medium and coarse, granular structure; very friable
when moist ; many fine and medium, woody roots ;
common fine pores ; very strongly acid ; abrupt,
smooth boundary.
A12-2 to 7 inches, gray (10YR 5/1) sandy loam
medium, granular structure ; very friable whet
common, fine and medium, woody roots; m;
pores ; very strongly acid ; abrupt, wavy he
A2-7 to 11 inches, gray (10YR 6/1) sandy loam
medium, granular structure ; very friable whet
common, fine, woody roots ; common fine
strongly acid ; abrupt, smooth houndary.
B1g-11 to 13 inches, light brownish-gray (10YR 6/2
clay loam ; common, medium, prominent, YE
brown mottles ; weak, medium and coarse, sul
blocky structure ; firm when moist, slightly st
slightly plastic when wet ; common, fine, wood
common fine pores; strongly acid; abrup
boundary.
B21tg 13 to 18 inches, gray (10YR 6/1) heavy sal
loam ; common, medium, prominent, strong-brc
ties ; weak, medium and coarse, subangulai
structure ; firm when moist, sticky and plasi
wet ; few, fine, woody roots ; fine pores ; thin c
on ped surfaces ; strongly acid ; abrupt, wav;
ary.
B22tg 18 to 26 inches, gray (10YR 6/1) heavy sai
loam ; few, medium, prominent, strong-brc
few, fine, prominent, yellowish-red mottles
medium and coarse, •subangular blocky st
firm when moist, sticky and plastic when
fine pores ; few thin clay films on ped s
strongly acid ; abrupt, smooth boundary.
B23tg-26 to 38 inches, gray (10YR 6/1) light sap
few, medium, prominent, strong-brown and f
prominent, yellowish-red mottles ; weak, medi
angular blocky structure; firm when moist,
sticky and slightly plastic when wet; few fir
few thin clay films on ped surfaces ; few sr
bles ; strongly acid ; abrupt, smooth boundai
B3g-38 to 45 inches -{-, light-gray (10YR 7/1) sane
few, medium, prominent, brownish-yellow
massive; friable when moist, slightly sti
slightly plastic when wet ; common fine pore
fragments of feldspar; strongly acid.
The A horizons range from 8 to 20 inches in tot
ness and from gray or very dark gray to grayish I
brown in color. The B horizons range from 20 to 5
in combined thickness and from sandy clay loam (
loam to sandy clay in texture. The Bt horizons hav
color in 10YR and 2.5Y hues. In many places the Bt
are mottled with yellowish red to pale yellow. TI
ranges from 24 inches to 45 inches in thickness. 1
hard rock ranges from 5 to 15 or more feet.
Worsham soils occur with Colfax and Bibb soils.
more poorly drained than the Colfax soils and hav
textured subsoil than the Bibb soils.
Worsham sandy loam (0 to 4 percent slopes)
This is the only soil of the Worsham series ma
Wake County. It occurs at the heads of draina
on foot slopes, and in slight depressions in the i
The surface layer is very dark brown or brows
loam 8 to 20 inches thick. The subsoil is 24 to 41
thick and consists of gray, firm silty clay loam c
clay, with common mottles of strong brown
yellow.
Infiltration is good, and surface runoff is
ponded. Permeability is moderately slow. Wliere
has been drained, it is easy to keep in good ti
tillage may be restricted after hard rains.
If this soil is cleared and properly drained, it
to corn, soybeans, and pasture. Most of the acree
forest, but some of it is cultivated or in pasture.
t@ity unit IVw-1, woodland suitability group 2,
suitability group 3)

STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM
LISxAM ? 7"J ?vun.I'r
DATUM INFORMATION
Th. prDJ-111, used In the praparolian of Thos map was rte Norm Caalina
Stn, PL^e IFWSZONE 32tFE, The horizontal datun wren The Nonh A-1-
De.I1 IT 1983. GRSBa dllpsoid. Di felen es In FIT,— ellipsoid, pt.je.n.. or
'Jai-,sal Trar, rse VRVII.--nee -I in the production, HAMS for odium
jAsdicti may result In dull, p.a.-VI dlXOren,es In map features scr
l'iceleU."al-read., These dfe'encs; d. III alien Th. --V If this
FIAM. AR cmtdiretes an This map ar n U.S. Survey Feet. where
1 U.S. Survey Feet a 1200/1437 Metres,
flood d.wl.n¢ .^ ml. map are ,efem,mad m The Node Am an Vemcel
Daum of 1989 INAVO 881. These flood davan.ns must be compered str.mare
and ground elavenoes refamnmd To the acme vertical b,t- A. o-Trap,
,Hen belwe,n NAVD ae a^a the National acodeae v.'lmI Dam, of 1929
NOVD 291 has E,ee --d IT, bach N..h Caroll^e -W.. This offset was
man applied a the NGVD 29 Xeod eI.an.rc macwera not raula.d dur!ng the
n of this nn.wide format FIRM. The offs- 111 each Too- shorn on
this FIRM panel all shown in me vard-I.-I offset mole below. Wnerh A
ovnry boundary and a beech, ...ma vsth anredsed NGVD 29 Need almad.ne
oinddem, en hilivld.al fth, has hear oaIE-,d antl aryl- dam'g the
'n.f Tl's Tatevitle f.,ma,FIRM. Se. Serso" Bd lit the ecc.npan"g
p
FIT°tl InsurancosStudy report m obtalr. f-,e iNOrmatian .
of elevations Eetw,.n NAVD 85 antl Ne- 29. To obtain currern el-afl.h
scripti.h. and/orlocation IMw,adon for bench .arks shave" on this -1.
please 11"111the Nonh 1166. Geodetic olio., atihe addlass shown Ealow.
You may also ..mamt!'e IrAOrmenon S.M°er ReVch of the Nall-I G-ole
Survey at (x01)713-3242,., mi Ire wehsite .1-11-11
NoM Cmmine Beacham, S- Courts-shaae Venial Durum Olfset TaHc
121 Wesl l.... ... ITt veMd Nala,pmmlm
Raleigh, 1C 27601 u. -nf9
1 111 7 3 3-3&i6
_.h ce ? b-I ... IF
All sveams lined i" the flood Xaeud Data Table below were studied by
tailed methods "thl ram s.wry. 0:1.1 field haaad data show" an teas
map may have been deh,ed us,hg abhor. ,oasrel araofysls or limirod aenfill
HVII- analysis. More informal." on me fl.odhg -hr- w+died by these
analyses is c-rained i" We FI°.d Insurer- Swdy I.P.I.
FLOOD HAZARD DATA TABLE ."ra.
Is, I 111
IsV
2-1
1-3
I 'a 21a 1
la-
11-1 2-1
all lall I'll I-
'a I 15a. -11
LEGEND
SPECIAL FLOOD HAZARD AREAS tSFHMI SUBJECT TO
EET _ INUNDATION BY THE 1% ANNUAL CHANCE FLOOD
n'r 1 % armed d„au flooJ ptxl-pear flwdl,alw brown a 0'o bsv fluW, n Uw wuJ
chat Ms a 1% r a re n Mmg vq"nirni 'v em'airi to any glove yeu_ The t Ndal
flwJ XareN Neu n^ wbjo'i w A A
I Iry me
aI Illseld'n'u Awl.
Of Wake FOTC3L T,
IL
N xpeNal PNai HanH d I -1 bxe Z-n A. , wEi nN, AIL -1, Y, am VR Tne Nzw
RoeJ Hmw- b IIr woo-wdar? r?m.d°n a Ina le wn?w d?anre Area,
Llraterllturial U.. Fbm 0-11.1 -refired. A N.
Inf15dktLD? AL Ba.Had Elevauom determined

370244 xpxE AN Shod dep'hs d 1 ro 3 1881 oasvally areas of pondlrg'; Base Hand
-,Able1-
TONS AO Firm aryl. of T (0 3 4a I-wllY shod flw on aloplnq tma6rh
zoo g dept rerminM. Sw auras dall°Nal fore flo°&ng aalnillcs
d
lal Hood Huard Nea 1 1-1, porecvN
E... 111 1%
annwl
ZoM AR Spec
d
rh by 1 rv "hm w wq m l y
k
zone bd rArav
mned
a
u d,a nom
o
m
«
'
=mR d le prune roue a nom Tor % a a? ra
erm, fiord
ZONE A99 be be pmtcded from I % annual chance flood by a Ederal
n.ad pmmru.R eynem preen renw.R,.n. ro 3w. Elrod fA-a-m
de's
ipNF vF C,ocl AM rme wl'M1 +elady fianvJ Ivar+: udloA: Bare Rxd Flmti.m
ManminM.
H OODWAI ARFJS IN DONE AT
The fl-I, Is the cb-1 da Team pIm anY ad ,rem flomploln area'Aat mlKhe
Fepr bee of m nvhm. en Ihar'he t% emnal r'anm A.M ran M carded wi'hnrt
wtann6allrcream In flom M1eIAFN.
OTHER FLOOD AREAS
SpNF % sot U.i%anlvd dune R-ul; ara'hfieurc ew"liloml%amuJ
cna'w P,ood; I. of 1%wned-re good w h axrege deeds of Jere
IFrn 1 Term -wl'F chin Tress Ina Thant vluam mik.: ant area
?

FEET ann.ddlanTe nom.
y'.eud dy Love. 6.m 1N
a OTHER AREAS
xpN6 e x dale coed to be -Ili& he 1.2% .-1 d'mm and bill
r'ondirb+n I% ennwl':lume nvmpMin.
Nau la wlildr PxuJ hm'W are -.kpnuir?ul, Wtp'eWie
x
? COASTAL BARRIER RESOURCES SYSTEM 1.0-1 AREAS
'r OTHERWISE PROTECTED AREAS 1-11
Bare non area .11 vm normeW Mcnea wnhinwedam-w 3'F-1.1 Ito m - I,-,
-. 1% annual rhanae flo.dpbin E.anday
p.i% annual clunre floadpl.k Wondary and hrture
mm.l.na [%an'ual dnnre fimdpWn boundary
- - - - vl.od.av Ba..darv

/ n
----- ore aonndary
.......oaa......... CURS and O,A h.uMa-
- eve d ry J pawl Food Hazed Anna 2o'u. and
A-- bolxxfary A'wd erg Spain Flo- Hoists Nea=.l di-I
w? •- -?-?? use Hood FkseXwu. flom di,,lN - flom nebdL§.
-----513--- all Fbm kkw'Idn Ilse add rel°e; elelellm I^ iee'•
IF, R?1 an lovF kkwdon wlue where unNorm Mmin zone;
tee['
'HeferemeJ b, the Nand Amed n Venld D.R. .1 -A
mE>---I -.mire -
o-------0 T'ar'urt line
91 0T 3a' n']P' w o=phic m-dina'es relvernrd m the H.'iM1 -.h
• 1941 INAD all
a27gmu WDaein UN--Trmrm¢u' 11-1 qW 111, rune 17
9srn-inn nn dos Nron Gmlw .rote w
e mwdman.
A
Ian add SEE,
gym' MAsnmR Txnn, van Lorne NAD free
Monan
o
BM5510
oM
h
A
% I
v re- In.Ii-An as
H
h Fl-

MlNwmatlwy Uznd'aflmts FlRM dhlva In
BM6810® d+e u?r.mo I
F
•MI5 River Mfic
u
GRID NORTH
NRP SCALE 1- • 500' (1 : 6TD00)
250 a sea
FEET
PETERS
Is.
PANEL 1830J
_._..
I? IIIIII FIRM
FLOOD INSURANCE RATE MAP
C?IIIIiI NORTH CAROLINA
PANEL 1830
a I?,L? ?? ? IFArcu amq plawuM Da Mrs nDrx FoF RAM
Arum'
COMNN.'.
E fAMM11MTV OD ?. PANEL SUFRN
III
L a wen Th-Th- v .rots. 'am r
NOTES TO USERS
This man is I., se In achhhhManIg The Nalunal Rood b-IRFP. pr'yram. h d... rem
' CenaM areas not to S.eriai H- HeIrld AbIss may be p-coad by flood control TH, hip mJlettc more aamled arc -,- IT... eb.-I dentigorrti... men Pp9RORY III

a
9
w ssed
Iy I -e , all a svbi-To flooding, parnV-ft rh.m localI bh1ge sources
of.matl s! The eo.nunsity up repository sh,,td be Ccnsuhetl for possible
updated orr additional flood M1aurd mformeto, 6huptmn. Aeler to .,den d,d "flood d Pmtcl.n eaeurea" of n'e Flood ]nswance
Rutly t p.rtior Inlormodon on flwtl e1% oFt.ZIMCS In this judstl'mtion. base shovm on [he rsdous FlAM for this udstl edpn. TM1e fiomMabsa end n..tlwM
[..hat were 9mnsisle.etl hem [he Dresiaas FIRM may now been adluMetl m cadcrm To
[nose new m channel configure ions As a ros.R , We Flood FIT as antl .If -To
e
t gemrm I A Meo RennhMs m Man I'an or NeM1mwnalodm
3
Rls'F'
? Tn .Wain m re dateiletl Inlotmanpn in as whey, 811, Flood El-tioei ElEsI
T nip 11-ado" and ge.... laldau used Ie dawbo this FIRM were obtained from
a` Data M,,asin
the Hall I'suran,e
.[udy report Iwr'.ich co s .-Ate'-e hydraulic
n EFF-VE DATE OF FLOOD IN FATE MAP IAREL
antl/dr Ilood.ays have been Eetelminedr
USers are encoumASd to consult the Rootl ve
.us organ'venans. induping the -idpaing kcal eommeai'v!irsl, s:ata antl federal doulmay redM stream channel distances mat dHier from whnis she-
on Ws map. MAY e,Nae
rtwam-sty aLPA911'a" -Ras, FlwdwaY Dar, timilm DNaile Flootl Haunt Dau. and/ht.ummarv IT Eillwam
IT
d Fie
d/b, a9-bCies. Rd +, 1-- as. The primaR' case for this FIRM is e85al Ill— enquired by
Elera-
iIT tables ,.oohed whhin the
mpanies
the acco
Insuranm Study
F-d
p.n
"
"
, Wake -Ity, The time Perim 01 mlkcl.n fa Th, Imagery k 1989. Inimmatf- and Plezar. rclw[, We separately primed pop Ind- f., an oversew map of the -bi, EFFEtTVF pAiFI310r FHwOxISIN TNS PAYEL
F I'M
this FIRM. User s shauld he a-war, e that BEES shown o"
r
e
roundel
I
IR Us., .besant ga--balder. sup{Iliad by 11, Leal Q-bb Nd!esl. That rep FEMA base map sp¢afnenlo"a shoW'9 The Iayabb If map ys- , community nap -.sbV, addresses, end a tisdag of
'
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I-t It
These
ate 1,1-had
ded for
in
arc,
8FEs
tlmtl
u
p C nsidered the prefened s-+me l., derdoomem of the base map. See g¢olla"al C.,murdhu table cumsI
g N.honal Ff- Insurance Pmgmm dates for each cnn
^m
This digital Road Insurance RMI Map (FIRM; was produced th-911 a -14- m antl shall clot be usNJ
A""mcir,
as m
e .I.
elan
.e
i"I
-tia,
d
filed
y mNadao for she aaaogated dig hat FIRM for atldNOnal irdormadan atom base map as well ds a pstlng of'Ye.ands .n which each [.mmuniry k l.ca[ed.
moperadve can-ship re,-, the S111, of Nonh Carolina and M. Febemi fla
, --h acte prnsenfed in the FIS capon s-1d I. ubiied In mrya.W.n -b
Prepaoti°"'

h
E,ergenry Malaga- Agenty FEMA). The Stale of North C.11111. has m¢ FIRM i-purp.ee.s W mn.swmi.n and/- floodpleln mane a en[ B If you.
ave q... tier, about this .ape or guesloes ---g and Nalonal Flood
p
nted a long tar- approach of fivodplaln meag-ohs to decrease
a.dneJ wren homing. This Is aemnnrmoJ by the St-1 cam-

'
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Ih.
rt pD-t..... .... available nNe dme of puEllCaAOn. OMnper In the porporste ms.AVra
rogram Ih general. please caY1-A77FFYA ILV II-eT?36-26171-Nsltrhe
FEM webs''. e; www fame
oh" map re .n nlanry Teri-m s mapitl'q;
ee I he
rnmm.nln Map
h p d plan ah"as et the local level. 0.s a mrtoi 'his eHor•. the
' TV detaletl methods vsre ,.roomed n and n e-doled b.. c-
r 1LIte e.y Aave a ,red sin thl p puWlahed Map usan shoub
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d
asing -h-c clachme"t V Dee f-11.mi"g sources studied by I-had doofiel mml - ,
Canto may also be rUChad by far all-I00.351-20 and E, -Vill 11 wux,ms.fema.goV.
wnw-esimewmrul.gk/rlfip T+M'Fe3P-66xU www.k'ra.paM'fip
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µ en den I' "m I.murcr wk+mn, nrrx r.eivr
EFFECTIVE DATE MAP NUMBER
MAY 2, 2006 31201830020
( 05 - -, i o
State of North Camlinn
Federal Emergency M-geme.t Ag... y
Town of Wake Forest Exuatcrri-iiil J?nsdi.don

Grace Church Road
,J
f •,
i $
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ppi71'
f T.
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f`f r; f f:.
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LAND
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' LEVEL SPREADER SYSTEM OPERATION AND MAINTENANCE AGREEMENT (1/2007)
' A level spreader system includes: a forebay, diverter box, level spreader, riparian buffer/vegetated filter strip,
and flow bypass channel.
Name of Project: Grace Church Road Stream Crossing
Address: South of intersection of Forbes Road & Grace Church along Grace Church Road
Maintenance activities shall be performed as follows:

MAINTENANCE ACTIVITY FREQUENCY
Post-construction monitoring-inspect for vegetation, Check after every heavy rainfall for first 6 months
settling, erosion, or concentrated flow. following construction.
Inspect Diverter Box and clean and/or make repairs. Once a month and after heavy rainfalls/storms.
Look for:
• Clogged inlet or outlet pipes.
• Trash/debris in the box.
Inspect Forebay + Level Spreader. Clean and/or Once a month and after heavy rainfalls/storms.
make repairs. Look for:
• Sediment in forebay and along level spreader
lip;
• Trash and/or leaf buildup.
• Scour, undercutting of level spreader.
• Settlement of level spreader structure (no
longer level; you see silt downhill below level
spreader).
• Fallen trees on level spreader.
• #57 stone washing downhill.
Inspect the Riparian Buffer and the Bypass Swale Once a month and after heavy rainfalls/storms.
and make repairs as needed'. Look for:
• Damaged turf reinforcement or riprap rolling
downhill.
• Erosion within the buffer or swale.
• Concentrated flows downhill of level
spreader-look for gullies or sediment flows.
Mow grass to a 6" height. As needed during growing season.
Remove any weeds/shrubs growing on level spreader Once a year.
or in swale.
LEVEL
SPREADER NO. LOCATION ON SITE (DESCRIBE) HOW WILL IT BE ACCESSED?
1 South West side of stream crossing along
Grace Church Road 20' Storm Drainage Easement

1 NOTE: Contact NC Division of Water Quality, 401/Wetlands Unit at 919-733-1786 BEFORE any work
in Protected Riparian Buffers.
Page 1 of 2

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance.
procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to
the system or responsible party.
Print name: Orleans Homebuilders
Title:
Address:
Phone:
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lotus have been sold.
I, C ttK [510PHU . r YELL- , a Notary Public for the State of Vcf TI-1 ?Artoc/NA ,
County of ?) /4Kf= , do hereby certify that rAKMeR
personally appeared before me this Z day of Svi y , zoog , and acknowledge the due
execution of tfhQ46661Q:ng level spreader maintenance requirements. Witness my hand and official seal,
NpTAw. Y
UBL
SEAL My commission expires g ZZ L0/1
Page 2 of 2
Owner/Developer
211 James Jackson Ave. Cary, NC 27513
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(Page 1 of 47)
IBKO12407PGO1021
I
1
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1
WAKE COUNTY. NC 624
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
82!29/2897 AT 16:38:24
BOOK:812497 PAGE:81821 - 81867
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS
FOR
REYNOLD'S MILL
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF
POLITICAL SIGNS
Prepared by and after recording please return to:
Russell S. Woodward, Esq.
Orleans Homebuilders
700 Forest Point Circle Suite 102
Charlotte, NC 28273
v.3 020607 RSW
age 2 of 47)
IK012407PGO1022
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR
REYNOLD'S MILL
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR REYNOLD'S MILL is made as of the day of February, 2007, by
Parker & Orleans Homebuilders, Inc., a Delaware corporation ("Orleans").
WITNESSETH:
WHEREAS, Orleans is the owner of the real property described on Exhibit A;
WHEREAS, Orleans desires to subject the real property described on Exhibit A and
possibly other property, to the provisions of this Declaration to create a residential community;
and
WHEREAS, no lot within the community shall be conveyed prior to the creation of the
Association (as defined herein) and the filing of articles of incorporation for the Association with
the North Carolina Secretary of State.
NOW THEREFORE, Orleans hereby declares that the real property described on Exhibit
A of this Declaration, including any improvements which may be (but are not required to be)
constructed on that property, is subjected to the provisions of this Declaration. Such real
property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise
encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens,
contained in this Declaration. The provisions of this Declaration shall run with the title to the
property now or hereafter subjected to this Declaration. This Declaration shall be binding on all
persons having any right, title, or interest in all or any portion of the property now or hereafter
made subject hereto, their respective heirs, legal representatives, successors, successors-in-title,
and assigns and shall inure to the benefit of each and every owner of all or any portion thereof.
ARTICLE 1.
DEFINITIONS
The following words, when used in this Declaration (unless the context shall prohibit),
shall have the following meanings:
"Areas of Common Responsibility" shall mean the Common Property, together with
such other areas, if any, for which the Association has responsibility pursuant to this Declaration,
any recorded plat, other covenants, contracts, or agreements.
(Page 3 of 47)
IBKO12407PGO1023
1
"Association" shall mean Reynold's Mill Homeowners Association, Inc., a North
Carolina nonprofit corporation, its successors and assigns.
"Board of Directors" or "Board" of the Association shall be the appointed or elected
' body, as applicable, having its normal meaning under North Carolina law.
"Builder" shall mean and refer to any Person acquiring one or more Lots from Declarant
' for the express purpose of constructing a dwelling on the Lot and selling the improved Lot.
"Bylaws" shall refer to the Bylaws of the Association.
' "Common Property" shall mean, if any, the real property, interests in real property, and
personal property, easements, and other interests, together with improvements located on that
' property (if any) which are now or are hereafter owned by the Association for the common use
and enjoyment of some or all of the Owners.
"Community" and/or "Pro e " shall mean the real property and interests described on
' Exhibit "A" and such additions to that property as may be made by Declarant or by the
Association pursuant to this Declaration.
' "Community Standard" shall mean the standard of conduct, maintenance, or other activity
generally prevailing in the Community. Such standard may be more specifically determined by
the Board. Such determination must be consistent with the Community Standard originally
' established by the Declarant.
"Declarant" shall mean and refer to Parker & Orleans Homebuilders, Inc., a Delaware
corporation, as well as its successors and assigns pursuant to an express assignment or
conveyance of any special Declarant rights hereunder to such successor or assign, all of which
rights, including Declarant's voting, easement and development rights, shall be assignable and
' may be apportioned on a lot-by-lot basis. Any such assignment shall be recorded in the office of
the Register of Deeds of the county in which the Community is located.
"Declarant's Development Period" shall mean and refer to the period of time
commencing on the date this Declaration is recorded in the Register of Deeds for the County in
which the Community is located, and continuing until the later of. (i) 1 year after Declarant shall
cease to own any property within the Community; or (ii) for so long as Declarant shall have the
unilateral right to subject additional property to this Declaration.
"Declaration" shall include this Declaration of Covenants, Conditions, Restrictions and
Easements for Reynold's Mill, as the same may be supplemented or amended pursuant to any
Supplementary Declaration or any amendment to this Declaration in accordance with its terms.
' "Lot" shall mean and refer to any separately numbered portion of the Property shown on
any now or subsequently recorded subdivision plat of the Property intended for use or used as a
' site for a any single-family attached or detached dwelling, patio (zero lot line) home, townhome
or condominium unit and shall include any improvements constructed thereon and "Lots" shall

age 4 of 47)
IK012407PGO1024
refer to all such lots collectively. Declarant hereby reserves the right to reconfigure, from time to
time and without the consent of any other Owner or the Members of the Association, the
boundaries of any Lot or Lots owned by Declarant or an affiliate of Declarant, as the case may
be, and to thereby create additional Lots, eliminate existing Lots or create additional Common
Property. If Declarant elects to exercise its right to revise the boundaries of one or more Lots
owned by Declarant, Declarant shall record a revised plat of the affected Lot or Lots. Upon the
recording by Declarant of such a revised plat, each lot shown on the previously recorded plat or
plats, the boundaries of which are revised by the revised plat, shall cease to be a "Lot" as defined
in this Declaration and each newly configured lot shown on the revised plat shall be a "Lot" as
defined in this Declaration.
"Mortgage" means any mortgage, security deed, deed of trust, or similar instruments used
for the purpose of encumbering real property in the Community as security for the payment or
satisfaction of an obligation.
"Mortgagee" shall mean the holder of a Mortgage.
"Occupant" shall mean any Person occupying all or any portion of a Lot or other property
located within the Community for any period of time, regardless of whether such Person is a
tenant or the Owner of such property.
"Owner" shall mean the record owner, whether one or more Persons, of the fee simple
title to any Lot located within the Community; excluding any Person holding such interest merely
as security for the performance or satisfaction of any obligation.
"Person" means a natural person, corporation, joint venture, partnership (general or
limited), association, trust, or other legal entity.
"Supplementary Declaration" means an amendment and/or supplement to this
Declaration which subjects the land described therein to additional restrictions and obligations.
"Total Association Vote" means all of the votes attributable to members of the
Association. If the Total Association Vote is taken during a time while Declarant has the right to
appoint members of the Board of Directors, a Total Association Vote approving some item or
proposition must contain the affirmative vote of Declarant or the item or proposition will be
deemed not to have been approved.
ARTICLE It.
PROPERTY SUBJECT TO THIS DECLARATION
2.1. Property Subjected To This Declaration. The real property which is subject to the
covenants and restrictions contained in this Declaration is the real property described in
Exhibit A.
3
(Page 5 of 47)
IBKO12407PGO1025
1
2.2. Other Property. Only the real property described in Section 2.1 is made subject to
1 this Declaration. However, Declarant may subject all or portions of the additional real property
described in Section 10.1 by recording one or more Supplementary Declarations.
1 ARTICLE III.
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1 3.1. Membership. Every Owner shall be deemed to have a membership in the
Association. If a Lot is owned by more than one Person, there shall be only I membership per
Lot, and the votes and rights of use and enjoyment shall be as provided in this Declaration and in
1 the Bylaws. Membership shall be appurtenant to and may not be separated from ownership of
any Lot. The rights and privileges of membership, including the right to vote and to hold office,
may be exercised by a member or the member's spouse, but in no event shall more than 1 vote be
1 cast nor office held for each Lot owned.
1 3.2. Votin . The Association shall have 2 classes of voting memberships:
a) Class I. The Class I Members shall be all Owners of Lots within the Community, other
than Declarant as long as Class 11 membership exists. Any Class 1 member in the Community
1 shall be entitled to one vote for each Lot which it owns. In the case of multiple ownership of any
Lot, however, those multiple Owners shall be treated collectively as one Owner.
1 b) Class 11. The Class 11 member shall be Declarant, who shall be entitled to
9 votes for each Lot owned by it within the Community. Class II membership shall cease and be
converted to Class I membership on the happening of the first to occur of the following events:
i. Declarant has sold and closed the sale of 90% of all Lots and
1
Improved Lots within The Properties, or
1
ii. December 31, 2022.
1
If the Class 11 membership has been terminated or has expired and subsequently
additional properties owned by Declarant thereafter become subject to this Declaration pursuant
to Section 1.2, the Class 11 membership shall immediately be reinstated as of the date such
additional properties become subject to this Declaration and shall not terminate until Declarant
1 has sold and closed the sale of 90% of all Lots and Improved Lots within the entirety of the
property then comprising The Properties.
1 3.3. Directors Appointed by Declarant. The Declarant shall have the right to appoint
or remove any member or members of the Board or any officer or officers of the Association
during all periods in which Class II membership exists. Each Owner, by acceptance of a deed to
or other conveyance of a Lot, vests in Declarant such authority to appoint and remove directors

age 6 of 47)
SK012407PG01026
and officers of the Association. The directors selected by the Declarant need not be Owners or
residents in the Community.
ARTICLE IV.
ASSESSMENTS
4.1. Purpose of Assessment. The assessments provided for in this Declaration shall be
used for the general purposes of promoting the recreation, health, safety, welfare, common
benefit, and enjoyment of the Owners and Occupants of Lots, as may be authorized from time to
time by the Board, and in particular for the acquisition, improvement and maintenance of
properties, services and facilities devoted to such purposes and related to the use and enjoyment
of the Common Property or the Lots, including but not limited to, the costs of repairs,
replacements and additions, the cost of labor, equipment, materials, management and
supervision; the maintenance of open spaces and streets which have not been accepted for
dedication by a public authority, roadway medians and islands (including medians and islands
located in dedicated rights-of-way within the Property), drives and parking areas within the
Common Property; the procurement and maintenance of insurance in accordance with this
Declaration; the maintenance of storm water drainage facilities, dams and ponds, including
retention or detention ponds, or other bodies of water, if any, located within the Common
Property; the erection, maintenance and/or repair of signs, entranceways, landscaping, perimeter
wall, irrigation and lighting within the Common Property, road medians and islands; the cost of
operating, maintaining and repairing any street lights erected by the Association or the Declarant
within the Common Property or in the rights-of-way of streets (whether public or private) or in
any other easement provided therefor within the Property; the payment of charges for garbage
collection and municipal water and sewer services furnished to the Common Property; the
employment of attorneys and other agents to represent the Association when necessary; the
provision of adequate reserves for the replacement of capital improvements including, without
limiting the generality of the foregoing, paving, storm water facilities, and any other major
expense for which the Association is responsible; and such other needs as may arise.
4.2. Creation of the Lien and Personal Obligation for Assessments. Each Owner of
any Lot, by acceptance of a deed therefor, and all other Members, whether or not it shall be so
expressed in any such deed or other conveyance, shall be deemed to and does hereby covenant
and agree to pay agrees to timely pay to the Association: (a) annual assessments or charges; (b)
special assessments; (c) specific assessments and (d) all other assessments or charges levied
against any particular Lot, which are established and levied pursuant to the terms of this
Declaration. Each Owner also agrees to pay reasonable fines as may be imposed in accordance
with the terms of this Declaration.
4.3. Late Charges. All assessments and other charges established and levied pursuant
to the terms of this Declaration shall accrue late charges (not to exceed the greater of S20 per
month or 10% of the unpaid principal amount due), and costs, including without limitation,
reasonable attorneys' fees actually incurred. The assessments and charges shall be a continuing
5
(Page 7 of 47)
I BK012407PG01027
1
lien upon the Lot against which each assessment is made, and shall also be the personal
' obligation of the person who was the Owner of such Lot at the time the assessment fell due.
4.4. Personal Liability. Each Owner shall be personally liable for the portion of each
' assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly
and severally liable for the assessments which are due at the time of conveyance; however, the
liability of a grantee for the unpaid assessments of its grantor shall not apply to any first
' Mortgagee taking title through foreclosure proceedings.
4.5. Certificate of Payment. The Association shall, within 10 business days after
' receiving a written request, furnish a certificate signed by an officer of the Association setting
forth whether the assessments, other charges, and fines on a specified Lot have been paid. A
properly executed certificate shall be binding upon the Association, the Board, and the Owner as
' of the date of issuance. The Board shall have the right to impose a reasonable charge for
providing this certificate.
4.6. Annual Assessments. Annual assessments shall be levied equally on all similarly
situated Lots and shall be paid in such manner and on such dates as may be fixed by the Board.
The Board may allow annual assessments to be paid through periodic payments, and the Board
shall have the right to accelerate any unpaid annual installments in the event an Owner is
delinquent. Unless otherwise provided by the Board, the assessment shall be paid in quarterly
installments.
4.7. Computation of Annual Assessments. The Board shall prepare a proposed budget
covering the estimated costs of operating the Association during the coming year, which may
include a capital contribution or reserve. The Board shall set a date for a meeting of the Owners
to consider ratification of the budget, such meeting to be held not less than 10 nor more than 30
days after the mailing of the notice. The Board shall cause the proposed budget, the assessments,
and a notice of the meeting to consider ratification of the budget, including a statement that the
budget may be ratified without a quorum, to be mailed or delivered to each member at least thirty
30 days prior to the end of the current fiscal year. A quorum need not be present at the meeting.
The budget and the assessment shall become effective unless disapproved at such meeting by the
Owners entitled to cast at least 80% of the votes of the Association. In the event the membership
disapproves the proposed budget, or the Board fails to establish a budget for the succeeding year,
the budget in effect for the then current year shall continue for the succeeding year until changed
by the Board. In the event the Board's budget is disallowed, the Board shall have the right to
make a new budget retroactive to the start of the fiscal year.
4.8. Special Assessments. In addition to the other assessments authorized by this
Declaration, the Association may levy special assessments from time to time. Special
assessments must be approved at a meeting by at least 2/3 of the Total Association Vote. Special
assessments shall be paid as determined by the Board, and the Board may permit special
assessments to be paid in installments extending beyond the fiscal year in which the special
assessment is imposed.
6
age 8 of 47)
)K012407PG01028
4.9. Lien for Assessment. All assessments and charges provided for herein, together
with interest, and late fees, costs and reasonable attorney's fees, shall be a charge on the land and
shall be a continuing lien upon the Lot against which each such assessment is made when a claim
of lien is filed of record in the Office of the Clerk of Superior Court, Wake County, North
Carolina.
4.10. Personal Obli ation. Each such assessment and charge, together with interest, any
late fees, fines, costs and reasonable attorney's fees, shall also be the personal obligation of the
Owner(s) of such Lot at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to successors in title unless expressly assumed by them.
4.11. Effect of Nonpayment of Assessment. Any assessments (or installments) which
are not paid when due shall be delinquent. Any assessment (or installment) which is delinquent
for a period of more than 10 days shall incur a late charge in an amount set by the Board. If the
Assessment is not paid within 30 days, after notice and an opportunity to be heard, the Board
may file a claim of lien in the office of the Clerk of Superior Court in the county in which the Lot
is located. The lien shall set forth the name and address of the Association, the name of the
Owner of the Lot, a description of the Lot, and cover all assessments then due or which come due
until the lien is canceled of record, and any other amounts provided in this Declaration or
permitted by law. In the event that the assessment remains unpaid after 30 days, the Association
may institute suit to collect such amounts and foreclose its lien. The Association shall have the
right to foreclose its lien by any method allowed by law. The Association shall have the power to
bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same.
4.12. No Setoff or Deduction. No Owner may waive or otherwise exempt himself from
liability for the assessments provided for in this Declaration. No setoff, diminution, or abatement
of any assessment shall be claimed or allowed by reason of any alleged failure of the Association
to take some action, for inconvenience or discomfort arising from the making of repairs or
improvements which are the responsibility of the Association, or from any action taken by the
Association to comply with any law, ordinance, or with any order or directive of any municipal
or other goven-unental authority. The obligation to pay assessments is a separate and independent
covenant on the part of each Owner and is not subject to setoff.
4.13. Application of Payments. All payments shall be applied first to costs, then to late
charges, then to interest, and then to delinquent assessments.
4.14. Date of Commencement of Assessments. As to each Lot, assessments shall start
on the first day of the month following the sale of the Lot to a Person other than a Builder. The
first annual assessment shall be adjusted according to the number of days then remaining in that
fiscal year.
4.15. Specific Assessment. Pursuant to this Section, the Board shall have the power to
specifically assess as it shall deem appropriate, in its sole discretion. Failure of the Board to
exercise its authority under this Section shall not be grounds for any action against the
Association or the Board of Directors and shall not constitute a waiver of the Board's right to
exercise its authority under this Section in the future. The Board may also specifically assess
7
(Page 9 of 47)
IBKO12407PGO1029
Owners for the following Association expenses (except for expenses incurred for maintenance
' and repair of items which are the Association's maintenance responsibility):
a. Expenses of the Association which benefit less than all of the Lots may be
specifically assessed equitably among all of the Lots which are benefited according to the
benefit received; and
' b. Expenses of the Association which benefit all Lots, but which do not
provide an equal benefit to all Lots, may be assessed equitably among all Lots according
to the benefit received.
4.16. Budget Deficits During Declarant Control. For so long as the Declarant has the
authority to appoint the directors and officers of the Association, Declarant may (but shall not be
' required to):
a. Advance funds to the Association sufficient to satisfy the deficit, if any,
' between the actual operating expenses of the Association and the sum of the annual,
special, and specific assessments collected by the Association in any fiscal year. Such
advances shall, upon request of Declarant, be evidenced by promissory notes from the
' Association in favor of the Declarant. The failure of Declarant to obtain a promissory
note shall not invalidate the debt; or
' b. Cause the Association to borrow such amount, or a general borrowing,
from a third party at the then prevailing rates for such a loan in the local area of the
Community. Declarant, in its sole discretion, may guarantee repayment of such loan, if
required by the lending institution, but no Mortgage secured by the Common Property or
any of the improvements maintained by the Association shall be given in connection with
such loan; or
c. Acquire property for, or provide services to, the Association or the
Common Property. Declarant shall designate the value of the property or the services
provided and such amounts, at the request of the Declarant, shall be evidenced by a
' promissory note. Failure to obtain a promissory note shall not invalidate the obligation
referred to in this Section.
' 4.17. Intentionally Omitted.
4.18. Declarant's Oblip-ations for Assessments. As long as and whenever Declarant
' owns 10% or more of the Lots comprising the Community from time to time, Declarant's
obligation for Assessments on unsold Lots subject to this Declaration will be limited to the
difference between the actual operating costs of the Association and the Assessments levied on
' the existing Members other than Declarant. In no event, however, will Declarant be required to
make a deficiency contribution in any amount greater than the Builder Rate (as defined below) on
Lots owned by Declarant. Whenever Declarant owns less than 10% of the Lots of the
1
age 10 of 47)
X012407PG01030
Community, Declarant shall pay Assessments at the Builder Rate for each Lot owned by
Declarant, and Declarant shall not have any obligation to make a deficiency contribution.
4.19. Builders' Obligations for Assessments. Notwithstanding anything to the contrary
herein, the annual Assessments on Lots owned by Builders who do not intend to live in the
improvements they are constructing or causing to be constructed on such Lots shall accrue
annually at a rate equal to 75% of the rate applicable to Owners (other than Declarant) (such
discounted rate herein called the "Builder Rate") from the date of the Builder's purchase of the
Lot. If recreation facilities as described in Article Thirteen are constructed, then once they are
completed, the annual Assessments to be paid by Builders shall be at the rate applicable to
Owners (other than Declarant) rather than at the Builder Rate.
4.20. Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot from Declarant, the maximum annual Assessment shall
be $480 per Lot, as applicable. From and after January 1 of the year immediately following the
conveyance of the first Lot from Declarant, then annual Assessment each year shall be no more
than 110% of the previous years' Assessment, unless 2/3 or more of each class of the Members
present or voting by proxy at a duly called meeting vote to increase the annual Assessments for a
given year by more than 10% more than the annual Assessments for the prior year. The Board
may fix the annual Assessments at any amount not greater than the maximum described here or
determined by the duly called meeting as described above. The limitation in the increase in the
annual Assessments herein shall not apply to any change in the maximum amount of the
Assessments undertaken as an incident to: (1) a merger or consolidation in which the
Association is authorized by law to participate; (2) as an incident to any additions to The
Properties or submission of additional property to this Declaration; or (3) in connection with the
addition of recreational facilities pursuant to Article Thirteen hereof. Notwithstanding the
foregoing, the maximum annual Assessment figure shall be increased by 10% per year, even
though the actual annual Assessment may be less (i.e., in the year following the conveyance of
the first Lot, the maximum annual Assessment figure shall increase to $528, then $581 the next
year, and so on, even though the actual annual Assessment figure may be less).
4.21. Special Assessments for Capital Improvements. In addition to the annual
Assessments authorized by this Article IV, the Association may levy:
a) upon the first sale of each and every Lot by Declarant to an Owner, a specific
Assessment in an amount to be determined by Declarant, but not to exceed $750.00, shall be
collected at the closing of such sale for the benefit of the Association. This specific Assessment
shall be a one-time Assessment to be paid by the first Owner of a Lot other than Declarant. In
addition, this specific Assessment shall (i) be in addition to, not in lieu of, the annual
Assessment; (ii) shall not be considered an advance payment of such annual Assessment; and
(iii) shall not be refundable by Declarant or the Association to such Owner.
b) in any assessment year, a special Assessment, applicable to that year only, for the
purpose of defraying, in whole or in part, the cost of professional or consulting fees, any
construction or reconstruction, unexpected repairs or replacement of any capital improvement
9
(Page 11 of 47)
IBKO12407PGO1031

(including, without limiting the generality thereof, any lake, waterway, or pond) located in the
' Community, including the necessary fixtures and personal property related thereto, provided that
any such Assessment shall have the consent of 67% of the votes of the Members who are voting
in person or by proxy at a meeting duly called for this purpose, written notice of which shall have
' been sent to all Members in accordance with the provisions of the Bylaws for such special
meetings.
' c) In addition to the special Assessment approved by the Members, as described in
the preceding subsection b), the Association may levy a special Assessment, in the event of
emergencies in which the Association perceives a threat to persons or to property, without the
' consent of the Members. The amount of such Assessment, however, may not exceed $1,000.00
per Owner.
' ARTICLE V.
MAINTENANCE & CONVEYANCE OF COMMON PROPERTY
TO ASSOCIATION
5.1. Rights and Responsibilities of the Association. Subject to the rights of Owners and
' Declarant as set forth in this Declaration, the Association has exclusive management and control
of the Common Properties and all improvements thereon and all furnishings, equipment and
other personal property relating thereto. The Association's duties with respect to such Common
' Properties include, but are not limited to, the following:
a) maintenance of the Common Properties;
' b) management, operation, maintenance, repair, servicing, replacement and renewal
of all landscaping, improvements, equipment and personal property constituting part of the
' Common Properties or located upon the Common Properties so as to keep all of the foregoing in
good, clean, attractive, sanitary, safe and serviceable condition, order and repair;
' c) all landscaping of the Common Properties;
' d) maintenance of adequate public liability insurance insuring the Association and its
officers and directors, and adequate property casualty or hazard insurance with a minimum
replacement value of 80% after application of any deductibles, for the benefit of the Association
' with respect to the Common Properties, all of the foregoing insurance policies being maintained
and insurance proceeds being used in compliance with the provisions of North Carolina General
Statutes Section 47F-3-113;
e) payment of all taxes and assessments validly levied, assessed or imposed
with respect to the Common Properties;
1
? 10
age 12 of 47)
;K012407PG01032
f) maintenance of private streets and recreational and other facilities located
on the Common Properties; and
g) payment of assessments for public and private capital improvements made to or
for the benefit of the Common Properties.
Declarant is responsible for construction of and maintenance of streets and roads within
the Community until such roads are accepted for maintenance by the applicable governmental
authority. Notwithstanding the foregoing, the Association shall be entitled to undertake (but is
not obligated to undertake) the management, operation, maintenance, repair, servicing,
replacement and renewal of all streets and roads within the Community and all improvements
thereon; provided, however, following any irrevocable acceptance of the streets and roads for
maintenance as public rights of way by applicable governmental entities, the maintenance
obligations of the Association for the streets and roads shall only be to the extent such activities
are not performed by the applicable governmental entities.
The Association may in its discretion also provide other services as and to the extent the
Association deems appropriate, such as, but not limited to, security services or devices, including
but not limited to operation of the entry guard house and any other security gates, security
personnel and overall traffic control.
The Association may obtain and pay for the services of any person or firm to manage its
affairs to the extent the Board deems advisable, as well as such other person or firm as the Board
determines is necessary or desirable, whether such person or firm is furnished or employed
directly by the Association or by any person or firm with whom it contracts. Without limitation,
the Board may obtain and pay for legal, accounting, engineering or other professional services
necessary or desirable in connection with the Common Properties or the enforcement of this
Declaration, the Association's Articles of Incorporation, Bylaws, rules or regulations.
The Association may acquire, hold, exchange and dispose of real property and tangible
and intangible personal property, subject to such restrictions as from time to time may be
contained in this Declaration, the Association's Articles of Incorporation or the Bylaws.
The Association, from time to time, may adopt, alter, amend, rescind and enforce
reasonable rules and regulations governing use and operation of the Common Properties, which
rules and regulations shall be consistent with the rights and duties established by this Declaration.
The validity of the Association's rules and regulations, and their enforcement, shall be
determined by a standard of reasonableness for the purpose of protecting the value and
desirability of The Properties.
11
(Page 13 of 47)
1 BK012407PG01033

' The Association may, acting through its Board, contract with other residential
associations or commercial entities, neighborhoods or clubs to provide services or perform
services on behalf of the Association and its Members.
' 5.2. Owner's Responsibility. Except as provided in Section 5.1 above, all
maintenance of the Lot and all structures, parking areas, landscaping, and other improvements
thereon shall be the sole responsibility of the Owner thereof, who shall maintain such Lot in a
' manner consistent with the Community Standard and this Declaration. In the event that the
Board determines that any Owner has failed or refused to discharge properly any of such Owner's
obligations with regard to the maintenance, repair, or replacement of items for which such Owner
' is responsible, the Association may perform such maintenance, repair, or replacement for the
Owner at the expense of the Owner. Except in an emergency situation, the Association shall give
the Owner written notice of the Association's intent to provide such necessary maintenance,
' repair, or replacement. The notice shall set forth with reasonable particularity the maintenance,
repairs, or replacement deemed necessary. The Owner shall have 10 days after receipt of such
notice within which to complete such maintenance, repair, or replacement, or, in the event that
' such maintenance, repair, or replacement is not capable of completion within a 10 day period, to
commence such work which shall be completed within a reasonable time. If any Owner does not
comply with the provisions hereof, the Association may provide any such maintenance, repair, or
' replacement at such Owner's sole cost and expense, and all costs shall be an assessment levied
against the Owner and a lien on such Owner's Lot in accordance with the provisions of Article
IV hereof.
i 5.3. Conveyance of Common Property by Declarant to Association. The Declarant
may convey to the Association any personal property, any improved or unimproved real property,
' leasehold, easement, or other property interest located within or adjacent to the Community.
Such conveyance shall be accepted by the Association, and the property shall thereafter be
Common Property to be maintained by the Association for the benefit of all or a part of its
' members. Declarant shall not be required to make any improvements whatsoever to property to
be conveyed and accepted pursuant to this Section. Declarant in recording any plat of the
Property may identify thereon certain areas of land as "Open Space," "Common Area,"
' "Common Property," or similar designation. Such designated properties, unless otherwise
expressly provided, are expressly not dedicated to the public, but are intended to be conveyed by
Declarant to the Association as Common Property. Declarant, however, reserves the right to
' reconfigure, in accordance with any applicable local governmental ordinances and regulations, all
or any portion of such areas and all or any one or more of the Lots shown on any recorded
subdivision plat at any time prior to the conveyance of such property by recording a revised
' subdivision plat of the property and thereby increase or decrease the area of any "Open Space,"
"Common Area," "Common Property," or similarly designated property and/or increase or
decrease the number or size of the Lots shown thereon. Any "Open Space," "Common Area,"
"Common Property," or similarly designated property conveyed to the Association shall be
conveyed subject to all easements and restrictions then of record, including all easements and
restrictions herein reserved and established, and the recording of a plat showing such areas shall
' not limit the rights of Declarant to further restrict such property and to grant and convey
12
age 14 of 47)
;K012407PG01034
easements on, over or upon such property, prior to its conveyance to the Association, or
otherwise in accordance with the terms of this Declaration.
5.4. Storm Water Management. Except for the maintenance responsibilities placed on
Owners by this Section or assumed or undertaken by other Persons (for example, a Sub-
Association), the Association, as a Common Expense, shall: (i) maintain all storrn water
easements (also referred to herein as "storm water drainage easements" or "drainage casements")
in the Property that are shown on plats of the Property recorded in the Registry or established by
written instruments recorded in the Registry, and which either are located on the Common
Property or benefit or serve more than 1 Lot; and (ii) maintain the storm water management
facilities, if any on or serving the Property, which are part of the storm water management system
for the Property as shown on approved Subdivision Plans or other plans approved by the
applicable governmental authorities. Storm water management facilities include ponds, natural
areas and/or planted or landscaped areas into which storm water drains or in which storm water is
collected, and also include drains, pipes and other equipment or apparatus used for handling
storm water drainage. Provided, however, such maintenance obligations shall cease and
terminate, or be reduced, at such time as applicable governmental authorities, through a
department of public works or some other agency or division, elect to maintain, in whole or in
part, the storm water drainage easements and storm water management facilities, or some other
Person is providing the necessary maintenance. Following any such assumption of maintenance
by an applicable governmental authority or other Person, the Association may, without
obligation, continue to provide maintenance to the extent that the applicable governmental
authority or other Person fails to provide adequate maintenance, in the opinion of the Board.
The Owner of any Lot on or over which a storm water drainage easement (or portion
thereof) is located shall be responsible for the following with respect thereto: (i) mowing of grass
with reasonable frequency, where applicable; (ii) removal of debris and other matter to the best
of the Owner's ability, where such debris or matter has impeded or threatens to impede the free
flow of storm water over or through the drainage easement or any storm water management
facilities located therein. Such Owner's responsibility shall include notification of the
Association of any defects in any fencing surrounding or within a storm water drainage easement
or storm water management facility, any debris or other matter which the Owner feels is beyond
the Owner's reasonable ability to remove, and any excessive erosion within a storm water
drainage easement. The Owner of a Lot on which a storm water drainage easement is located
shall not obstruct that easement in any manner. The Owner of a Lot served by a storm water
drainage easement shall keep such Lot clear of all debris and other matter which, if carried by
water flow into or onto the area of the storm water drainage easement, might significantly impede
the free flow of storm water over or through the easement or any storm water drainage facilities
therein.
Notwithstanding anything to the contrary herein, each Owner of a Lot, and not the
Association, shall be responsible for maintenance of all, storm water drainage facilities and
facilities used exclusively in connection with such Lot or the improvements thereon, including
guttering, and pipes and drains for transportation of storm water from such. Lot into a storm.
13
(Page 15 of 47)
IBKO12407PGO1035
1
' water drainage easement or into a storm water management facility that is part of the storm water
management system for the Property.
' Declarant, during the Declarant's Development Period, and thereafter, the Association,
subject to any approval required by applicable governmental authorities, may at any time and
from time to time relocate, abandon, or release one or more storm water drainage casements in
I the Property, provided that such relocation, abandonment or release does not materially adversely
affect any portion of the Property, including the Common Property.
' With respect to its obligations under this Section, the Association shall pay or post all
bonds or other financial requirements under applicable federal, state and local laws and
ordinances, and the Association may enter into agreements with one or more Persons for
' collecting or managing any part or all of the storm water from the Property in a location outside
of the Property. Such agreements may include payments from the Association for the services
provided by such Person in collecting or managing such storm water from the Property.
' Declarant hereby informs all Owners, Occupants and other Persons who may from time to
time deal with or come in contact with the Property, that as storm water drains from the Property
' into any of the storm water management facilities for the Property, it is possible that substances
or materials that may be classified or regulated as "hazardous substances" or "toxic substances"
or other regulated substances or materials under applicable federal, state and local laws and
' ordinances relating to the environment, may accumulate in such storm water management
facilities. Accordingly, each Owner, Recreational User and other Person hereby is put on notice
of the foregoing possibility, and agrees to assume the risk that such accumulation may occur. In
' addition, each Owner further acknowledges that at some future time it may be necessary for such
substances to be removed from the storm water management facilities or otherwise handled in
accordance with applicable federal, state or local laws and ordinance, and for such storm water
' management facilities to be cleaned up following such removal or other handling, that the costs
associated with such removal, handling and/or clean-up are Common Expenses and that an
additional annual assessment or a special assessment may be required to pay for such removal
' and/or resultant clean-up of the Storm Water Retention Facility.
ARTICLE VI.
ARCHITECTURAL REVIEW COMMITTEE
' 6.1. Architectural Standards. No exterior construction, alteration, addition, or erection
of any nature whatsoever shall be commenced or placed upon any part of the Community, except
such as is installed by the Declarant, or as is approved in accordance with this Section, or as is
otherwise expressly permitted herein. Except as provided above, no exterior construction,
' addition, erection, or alteration shall be made unless and until plans and specifications showing at
least the nature, kind, shape, height, materials, and location shall have been submitted in writing
to and approved by a review committee (the "Architectural Review Committee" or "ARC") to be
' established by the Board.
14
age 16 of 47)
,KO12407PG01036
(a) The ARC shall be composed of 3 persons (who need not be Members of
the Association) appointed by the Board. A majority of the ARC may designate a
representative to act for it. In the event of death, resignation, or removal by the Board of
any member of the ARC, the Board shall have full authority to designate a successor.
Unless otherwise approved by the Association, neither the members of the ARC nor its
designated representative shall be entitled to any compensation for services performed
pursuant to this covenant. The Association shall keep, or cause to be kept, a list of the
names and addresses of the persons who form the ARC and a list of the names and
addresses of any designated representatives of the ARC, and such a list shall be available
to any Owner upon request.
(b) Notwithstanding the foregoing, as to the initial construction of
improvements on any Lot (the "Initial Construction of Improvements"), Declarant shall
serve as the ARC responsible for the review, approval, and monitoring of construction of
improvements. This right of Declarant pursuant to this section shall cease during times
when Declarant does not own any of the property comprising any portion of the
Community. Declarant may at any time relinquish, either temporarily or permanently, its
rights to review, approve and monitor the initial construction of improvements as the
Committee, as hereinabove described.
(c) Notwithstanding the foregoing, as along as Class 11 membership exists,
Declarant or its designee shall act as the Committee.
6.2. The Board may employ architects, engineers, or other persons as it deems
necessary to enable the Architectural Review Committee to perform its review. The Architectural
Review Committee may, from time to time, delegate any of its rights or responsibilities
hereunder to I or more duly licensed architects or other qualified Persons, which shall have full
authority to act on behalf of the committee for all matters delegated.
Written design guidelines and procedures may be promulgated for the exercise of this
review, which guidelines may provide for a review fee. During Declarant's Development Period,
the Declarant shall have the right to appoint all members of the Architectural Review Committee.
Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the
members of the Architectural Review Committee.
6.3. If the Architectural Review Committee fails to approve or to disapprove
submitted plans and specifications within 60 days after the plans and specifications have been
submitted to it, approval will not be required, and this Section will be deemed to have been fully
complied with. As a condition of approval under this Section, each Owner, on behalf of such
Owner and such Owner's successors-in-interest, shall assume all responsibilities for
maintenance, repair, replacement, and insurance to and on any change, modification, addition, or
alteration. In the discretion of the Architectural Review Committee, an Owner may be made to
verify such condition of approval by a recordable written instrument acknowledged by such
15
(Page 17 of 47)
BK012407PG01037
1
Owner on behalf of such Owner and such Owner's successors-in-interest. The Architectural
' Review Committee shall be the sole arbiter of such plans and may withhold approval for any
reason, including purely aesthetic considerations, and it shall be entitled to stop any construction
commenced in violation of these restrictions. Any member of the Board or its representatives
' shall have the right, during reasonable hours and after reasonable notice, to enter upon any
property to inspect for the purpose of ascertaining whether or not these Persons shall not be
deemed guilty of trespass by reason of such entry. In addition to any other remedies available to
' the Association, in the event of noncompliance with this Section, the Board may, as provided in
this Declaration, record in the appropriate land records a notice of violation naming the violating
Owner.

6.4. Any approved Plans and specifications shall have neither been reviewed nor
approved for engineering or structural design or quality of materials, and by approving any such
plans and specifications neither the Architectural Review Committee, neither the members
thereof nor the Association assumes liability or responsibility therefor, nor for any defect in any
structure constructed from such plans and specifications. Neither Declarant, the Association, the
Architectural Review Committee, the Board, nor the officers, directors, members, employees,
and agents of any of them shall be liable in damages to anyone submitting plans and
specifications to any of them for approval, or to any owner of property affected by these
restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in
connection with the approval or disapproval or failure to approve or disapprove any such plans or
specifications. Every Person who submits plans or specifications and every Owner agrees that
such Person or Owner will not bring any action or suit against Declarant, the Association, the
Architectural Review Committee, the Board, or the officers, directors, members, employees, and
agents of any board, or the officers, directors, members, employees, and agents of any of them to
recover any damages and hereby releases, remises, quitclaims, and covenants not to sue for all
claims, demands, and causes of action arising out of or in connection with any judgment,
negligence, or nonfeasance and hereby waives the provisions of any law which provides that a
general release does not extend to claims, demands, and causes of action not known at the time
the release is given.
ARTICLE VII.
USE RESTRICTIONS AND RULES
7.1. General. This Section sets out certain use restrictions that must be complied with
by all Owners and Occupants. These use restrictions may only be amended as provided in this
Declaration.
7.2. Residential Use. Except as otherwise herein provided with respect to (i) the use
of portions of the Property as sales offices, construction offices and/or model homes and (ii) the
maintenance of offices or home businesses, all Lots shall be used for residential purposes
exclusively, and no portion of the Property shall be used except for residential purposes and uses
ancillary thereto, including recreational, park and street purposes. Notwithstanding the foregoing
restrictions, the Declarant, during Declarant's Development Period, and any Builder having
16
age 18 of 47)
)K012407PG01038
obtained the prior written approval of the Declarant, during Declarant's Development Period,
shall have the right to operate and maintain one or more sales offices, construction offices and
model homes within the Community. In addition, notwithstanding the foregoing restrictions, an
Owner may maintain an office or home business on such Owner's Lot or in any dwelling or other
improvement located on the Lot only if (i) such office or home business is operated by the
Owner or a member of the Owner's household residing on the Lot, or by Owner's tenant residing
on the Lot; (ii) there are no displays or signs indicating that the Lot or improvement is being used
other than as a residence; (iii) such office or business does not generate any additional traffic or
parking usage (as determined from time to time in the sole discretion of the Board) by clients,
customers or other Persons; (iv) no equipment or other items related to the office or business are
stored, parked or otherwise kept on such Owner's Lot outside of the dwelling or other enclosure
approved by the Architectural Review Committee; (v) such Owner has obtained from all
applicable local governmental authorities, and maintains in effect, all required approvals for such
use; (vi) the activity is consistent with the residential nature of the Property and complies with all
applicable federal, state and local laws and ordinances; (vii) no person is employed in such office
or home business except for the Owner or the members of the Owner's household residing on the
Lot or the Owner's tenant residing on the Lot; and (viii) the Owner has obtained prior written
approval from the Board and thereafter registers annually with the Association as long as the
operation of the home business continues. As a condition to such use, the Board may require the
Owner to pay any increase in the rate of insurance, trash removal, utilities or other costs for the
Association or other Owners which result from such use. Garage sales, yard sales and similar
activities shall be conducted only in accordance with all applicable federal, state and local laws
and ordinances and the rules and regulations, if any, adopted by the Board.
7.3. Ste. No signs, except standard, typical "For Sale" or "For Rent" signs, as of size
typically used in the industry to indicate the availability of a single Lot or Dwelling Unit for sale
or for lease, shall be displayed in public view on any Lot, Improved Lot, facility, appurtenance,
parker vehicle, accessory building or structure unless approved by the Committee, which may
from time to time provide design criteria and color schemes for approved signs. Notwithstanding
the foregoing, Declarant and Builder shall have the right to locate sign or signs (including,
without limitation, marketing flags and banners) indicating the location of sales and rental
centers, identify model homes or living units and their builder, and such other informational
signs of any type as may be necessary or desirable, in either Declarant's or Builder's sole opinion,
as applicable, to facilitate development and sales at the Community.
Notwithstanding the foregoing, not more than 1 Political Sign may be displayed by an
Owner, subject to the following conditions: 1) No Political Sign shall be displayed earlier than
45 days prior to the applicable election or later than 7 days after the applicable election; and 2)
No Political Sign shall have maximum dimensions greater than 24 inches by 24 inches. For
purposes of this Section 6.3.h. "Political Sign" means a sign that attempts to influence the
outcome of an election or expresses support or opposition to any candidate, political party, or
ballot measure.
17
(Page 19 of 47)
IBKO12407PGO1039
7.4. Vehicles/Garages. The term "vehicles," as used herein, shall include, without
' limitation, motorhomes, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, trucks,
campers, buses, vans, and automobiles.
i. Parking of any vehicles on streets or thoroughfares within the
Community, or parking of commercial vehicles or equipment, mobile homes,
recreational vehicles, boats and other watercraft, trailers, stored or inoperable
vehicles in places other than enclosed garages; provided, construction, service,
and delivery vehicles shall be exempt from this provision during daylight hours
for such period of time as is reasonably necessary to provide service or to make a
' delivery to a Lot or the Common Areas;
ii. Garage doors shall be kept closed at all times, except during times
' of ingress and egress from the garage;
iii. Any boat, motorhome, trailer, or recreational vehicle left upon any
' portion of the Community for longer than three consecutive days is subject to
removal upon written notice from the Association to the Owners of such boat,
motorhome, trailer, or recreational vehicle, and the costs of such removal shall be
' an assessment against such Owner.
iv. Trucks with mounted campers which are an Owner's or
t Occupant's primary means of transportation shall not be considered recreational
vehicles, provided they are used on a regular basis for transportation and the
camper is stored out of public view upon removal.
No motorized vehicles shall be permitted on pathways or unpaved Common
Property except for public safety vehicles and vehicles authorized by the Board.
' 7.5. Occuaants Bound. All provisions of the Declaration, Bylaws, and of any rules
and regulations, use restrictions, or design guidelines promulgated pursuant thereto which govern
the conduct of Owners and which provide for sanctions against Owners shall also apply to all
' Occupants even though Occupants are not specifically mentioned. Fines may be levied against
Owners or Occupants. If a fine is first levied against an Occupant and is not timely paid, the fine
may then be levied and assessed against the Owner and secured with a lien against such Owner's
' Lot in accordance with the provisions of Article IV.
7.6. Animals and Pets. No animals, livestock, or poultry of any kind may be raised,
' bred, kept, or permitted on any Lot, with the exception of dogs, cats, or other usual and common
household pets in reasonable number, as determined by the Board, provided such pets are kept in
accordance with applicable local governmental ordinances, rules and regulations. No pets shall
' be kept, bred, or maintained for any commercial purpose. Dogs which are household pets shall
be kept on a leash when outside of an Owner's residence. Dogs may not be left unattended
outdoors. No structure for the care, housing, or confinement of any pet shall be constructed or
maintained on any part of the Community without prior written Architectural Review Committee
approval. Dogs must be kept on a leash and be under the physical control of a responsible person
18

age 20 of 47)
>K012407PG01040
at all times while outdoors, except while kept within an approved fence. Feces left within the
Community by dogs must be removed by the owner of the dog or the person responsible for the
dog. No pet which has caused any damage or injury shall be walked in the community, whether
on a leash or otherwise. All pets shall be registered, licensed, and vaccinated as required by law.
Pets which endanger health, make objectionable noise, or constitute a nuisance or inconvenience
to the Owners or Occupants must be removed by their owner upon request of the Board. No
potbellied pigs may be brought onto or kept at The Properties at any time.
7.7. Nuisance. It shall be the responsibility of each Owner and Occupant to prevent
the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her
property. No property within the Community shall be used, in whole or in part, for the storage of
any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or
that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit
foul or obnoxious odors or that will cause any noise or other condition that will or might disturb
the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No
noxious or offensive activity shall be carried on within the Community, nor shall anything be
done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using
any property within the Community. There shall not be maintained any plants or animals or
device or thing of any sort whose activities or existence in any way is noxious, dangerous,
unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the community.
Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier,
or other sound device, except such devices as may be used exclusively for security purposes or as
approved by the Architectural Review Committee, shall be located, installed, or maintained upon
the exterior of any Lot unless required by law.
7.8. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including, without limitation, the assembly and disassembly of motor vehicles and other
mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions,
shall not be pursued or undertaken in any part of the Community.
7.9. Antennas. No satellite dishes, antennas, and similar devices for the transmission
of television, radio, satellite, or other signals of any kind shall be placed, allowed, or maintained
within the Community without prior ARC approval. However, Declarant and the Association
shall have the right, without ARC approval, to erect or install and maintain any such apparatus
for the benefit of all or a portion of the Community.
Generally, (i) satellite dishes designed to receive direct broadcast satellite service which
are one meter or less in diameter; (ii) satellite dishes designed to receive video programming
services via multi-point distribution services which are one meter or less in diameter or diagonal
measurement; or (iii) antennas designed to receive television broadcast signals ((i), (ii), and (iii),
collectively, "Permitted Devices") shall be permitted by the ARC, provided that any such
Permitted Device is placed in the least conspicuous location on the Lot (generally being the rear
of the Lot) at which an acceptable quality signal can be received and is not visible from the street,
19
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IBKO12407PGO1041

Common Area, or neighboring property or is screened from the view of adjacent Lots in a
manner consistent with the Community Standard and any design guidelines.
7.10. Tree Removal. No trees that are more than 4 inches in diameter at a point 2 feet
above the ground shall be removed without the prior written consent of the Architectural Review
Committee. However, no flowering trees, including, without limitation, dogwood trees,
regardless of their diameter, shall be removed without the prior written consent of the
' Architectural Review Committee. Notwithstanding all of the above, no consent or approval is
required for the removal of any trees, regardless of their diameter, that are located within 10 feet
of a drainage area, septic field, sidewalk, residence, driveway, or the line formed by the highest
' normal pool elevation of any lake.
7.11. Drainage. Catch basins and drainage areas are for the purpose of natural flow of
' water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may
alter, obstruct, or redirect the drainage flows after location and installation of drainage swales,
storm sewers, or storm drains, the right to alter same being expressly reserved to Declarant.
7.12. Sight Distance at Intersections. All property located at street intersections shall be
landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub
planting shall be placed or permitted to remain where it would create a traffic or sight problem.
7.13. Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, hot tubs, spas, and
related equipment, and other similar items shall be located or screened so as to be concealed from
view of neighboring streets and property. All rubbish, trash, and garbage shall be regularly
removed and shall not be allowed to accumulate. Declarant reserves the right to dump and bury
rocks on property within the Community as needed for efficient construction and to allow
developers and builders within the Community to bury rocks removed from a building site.
Trash, garbage, debris, or other waste matter of any kind may not be burned within the
Community except that Declarant may maintain a "burn pit" during development and
construction of the Community.
7.14. Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval of the Architectural Review Committee. Declarant,
however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any
such division, boundary line change, or replatting shall not be in violation of the applicable
subdivision and zoning regulations. Declarant's right to replat any Lot shall include the right to
change the configuration of streets and otherwise make changes on the final plat for the
Community as to how the streets and common areas in the Community are laid out
7.15. Guns. The use of firearms in the Community is prohibited. The term "firearms"
includes rifles, pistols, "BB" guns, pellet guns, and small firearms of all types.
7.16. Fences. No fence or fencing type barrier of any kind shall be placed, erected,
allowed, or maintained upon any Lot without the prior written consent of the Architectural
Review Committee. The Declarant may, at its sole option, specify the style and color of fencing
which may be installed in the Community. Notwithstanding the foregoing, the Declarant shall
20
ige 22 of 47)
K012407PGO1042
have the right to erect fencing of any type, at any location, on any Lot during the period that such
Lot is being used by Declarant as a model home. The Declarant and the Board of Directors shall
have the right to erect fencing of any type considered appropriate or desirable by the Board at any
location on the Common Property.
7.17. Utility Lines. No overhead utility lines, including lines for cable television, shall
be permitted within the Community, except for temporary lines as required during construction,
and lines installed by or at the request of Declarant.
7.18. Air Conditioning Units. No window air conditioning units may be installed.
7.19. Li tin . Except as may be permitted by the Architectural Review Committee,
exterior lighting visible from the street shall not be permitted except for (a) approved lighting as
originally installed on a Lot; (b) I decorative post light, (c) street lights in conformity with an
established street lighting program for the Community; (d) seasonal decorative lights; or (e) front
house illumination of model homes.
7.20. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial
vegetation shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags,
and similar items must be approved by the Architectural Review Committee.
7.21. Energy Conservation Equipment. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed unless they are
an integral and harmonious part of the architectural design of a structure, as determined in the
sole discretion of the Architectural Review Committee.
7.22. Swimming Pools and Hot Tubs. No swimming pool, hot tub or portable spa shall
be permitted without the prior written consent of the Architectural Review Committee and then
only if enclosed by an approved fence.
7.23. Gardens and Play Equipment. No vegetable garden or play equipment (including,
without limitation, basketball goals) shall be erected on any Lot without the prior written consent
of the Architectural Review Committee.
7.24. Mailboxes. All mailboxes located on Lots shall be of a similar style approved by
the Architectural Review Committee. Replacement mailboxes may be installed after the type has
been approved in writing by the Architectural Review Committee.
7.25. Exteriors. Any change to the exterior color of any improvement located on a Lot,
including, without limitation, the dwelling, must be approved by the Architectural Review
Committee.
7.26. Clothesline. No exterior clotheslines of any type shall be permitted upon any Lot.
7.27. Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs less than 6" by 6"
21
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BK012407PG01043
1
placed on the Lot or the exterior of the residence stating that such residence is protected by a
security system shall not be deemed to constitute an exterior security device.
7.28. Entry Features. Owners shall not alter, remove, or add improvements to any entry
' features constructed by the Declarant on any Lot, or any part of any easement area associated
therewith without the prior written consent of the Architectural Review Committee.
' 7.29. Storage Sheds and Garages. Construction, installation, or placement of a storage
shed, tree house, play house, detached garage, or a building separate from the Dwelling on the
Lot is not permitted, except that such a structure may be constructed and maintained on an
' adjoining Lot used as a site for a single-family detached dwelling, if the construction of such
improvement has been approved in writing by the Architectural Review Committee, in its sole
discretion. All plans (which must include the length, width, height, materials, colors, and
location) must be submitted to the Architectural Review Committee for written approval prior to
obtaining building permits or starting construction. The structure must be constructed, installed,
or placed in a location inconspicuous as much as possible from public view. No two-story
structures of this nature are permitted on any Lot within the Community. All materials used in
the construction of such buildings must match the main dwelling located on the Lot.
Notwithstanding anything contained in this Declaration to the contrary, no vegetable
gardens, hammocks, statuary, swing sets or similar play equipment, basketball goals or similar
athletic equipment, boats or boating equipment, pools, fences, clothes drying equipment, dog
' houses, dog runs or other pet enclosures, signs, retaining walls, or any other structure or thing
which, in the sole discretion of the Board or its designee, tends to detract from the appearance of
the Community, and especially any lake in the Community, if applicable, shall be permitted on
any Lot which abuts or is appurtenant to any lake within the Community or any lake made
available for the use of all Owners and Occupants within the Community, without the prior
written consent of the Architecture Review Committee or its designee.
7.30. Restrictions on Leasing. It is contemplated by this Declaration that any dwelling
now or hereafter constructed on a Lot (a "Dwelling") generally is intended for use and occupancy
by the Owner of the Lot. Therefore, no Dwelling shall be leased:
(a) by an Owner who has not previously occupied the Dwelling as the
Owner's primary residence and has no future intent to do so;
' (b) by an Owner who has not regularly Occupied the Dwelling as the Owner's
primary residence and who enters into a lease with a tenant that gives the tenant the
option to purchase the Dwelling during, or at the end of the term of the lease: or
' (c) by an Owner where the primary purpose of the ownership of the Dwelling
is for commercial purposes in that the Dwelling is intended, primarily for lease to tenants
and not for occupancy by the Owner as the Owner's primary residence.
22
age 24 of 47)
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Provided however, and notwithstanding the foregoing restrictions on leasing of
Dwellings, any model home may be leased to or by Declarant or a Builder.
All permitted leases shall have a minimum term of at least 12 months. All leases shall
require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration,
Bylaws, use restrictions, and rules and regulations of the Association. The lease shall also
obligate the tenant to comply with the foregoing and shall provide that in the event of
noncompliance, the Board, in addition to any other remedies available to it, may evict the tenant
on behalf of the Owner and specifically assess all costs associated therewith against the Owner
and the Owner's Lot in accordance with the provisions of Article IV.
7.31. Sewer Systems. As long as reasonably adequate sanitary sewer service is supplied
to a Lot by applicable governmental authorities, no private sewage system shall be permitted on
that Lot.
7.32. Wetlands. Portions of the Property may have been determined to meet the
requirements for designation as a regulatory wetland. Notwithstanding anything to the contrary
that may appear herein or in any other restrictive covenants applicable to such portions of the
Property, any subsequent fill or alteration of any portion of the Property that has been determined
to be a regulatory wetland under applicable laws of the United States or the State of North
Carolina shall conform to the requirements of applicable wetland rules adopted by the United
States or the State of North Carolina and in force at the time of the proposed alteration. The
intent of this Section is to prevent additional wetland fill except as allowed under applicable
federal, state and local laws and ordinances, so the Owner of any such portion of the Property
should not assume that a future application for fill or alteration of a wetland will he approved.
The Owner of any portion of the Property subject to any such future application shall report the
name of the development (in this case, Reynold's Mill), together with the name of the particular
phase, section or subdivision within the Property, if any, in any application pertaining to wetland
rules. The provisions of this Section are intended to ensure continued compliance with wetland
rules adopted by the United States or State of North Carolina and this covenant may be enforced
by the United States or State of North Carolina. The provisions of this Section shall run with the
Property and be binding on all Owners of any part or all of the Property and all persons claiming
under them.
Owners shall have no riparian rights with respect to the waters in any lake or stream
within the Community and shall not be permitted to withdraw water from any lake or stream as
may exist in the Community or as are made available for the use of all Owners and Occupants
within the Community without the prior written consent of the Board or its designee. During
DecIarant's Development Period, Declarant may authorize and grant easements to withdraw
water from such lakes or streams without the consent of the Association.
No docks, piers, or elevated or suspended walkways of any kind, or any other manmade
structure whatsoever, shall be constructed in or out over any lake, pond, waterway, off-property
wetland, other water course, or any other place by any one other than Declarant. To the extent
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IBKO12407PGO1045
1
that any of such are constructed by Declarant, Declarant may limit the time or nature of the use of
' the same.
ARTICLE Vlll.
' INSURANCE AND CASUALTY LOSSES
8.1. Insurance on Common PrORerty. The Board of Directors or the duly authorized
' agent of the Association shall have the authority to and shall obtain insurance for all insurable
improvements whether or not located on the Common Property which the Association is
obligated to maintain. This insurance shall provide, at a minimum, fire and extended coverage,
including vandalism and malicious mischief, and shall be in an amount sufficient to cover the
full replacement cost of any repair or reconstruction in the event of damage or destruction from
any such hazard. Alternatively, the Board may purchase "all-risk" coverage in like amounts.
' 8.2. Liability Insurance. The Board shall obtain a general commercial liability policy
applicable to the Common Property covering the Association and its members for all damage or
' injury caused by the negligence of the Association or any of its members or agents, and, if
reasonably available, directors' and officers' liability insurance. The public liability policy shall
have a combined single limit of at least $1,000,000. If available, the Board is authorized to
obtain directors' and officers' liability insurance coverage.
8.3. Declarant. The Board is authorized to obtain the insurance coverage required
' hereunder through the Declarant and to reimburse Declarant for the cost thereof. The Board shall
not be required to comply with the provisions of this Section if the Board has contracted for or
otherwise arranged to obtain the required insurance coverage through the Declarant.
' 8.4. Premiums. Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall not
be subtracted from the face amount of the policy in determining whether the insurance at least
equals the full replacement cost.
' 8.5. Miscellaneous. All such insurance coverage obtained by the Board of Directors
shall be written in the name of the Association, as trustee for the respective benefited parties, as
further identified below. Such insurance shall comply with these provisions:
' a. All policies shall be written with a company authorized to do business in
North Carolina.
' b. Exclusive authority to settle losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however,
no Mortgagee having an interest in such losses may be prohibited from participating in
' the settlement negotiations, if any, related thereto.
C. In no event shall the insurance coverage obtained and maintained by the
' Association be brought into contribution with insurance purchased by individual Owners,
1 24
ige 26 of 47)
K012407PGO1046
Occupants, or their Mortgagees, and the insurance carried by the Association shall be
primary.
d. All casualty insurance policies shall have an inflation guard endorsement
and an agreed amount endorsement if these are reasonably available and all insurance
policies shall be reviewed annually.
e. The Association's Board of Directors shall be required to make every
reasonable effort to secure insurance policies that will provide for the following:
i. A waiver of subrogation by the insurer as to any claims against the
Association's Board of Directors, its manager, the Owners and their respective
tenants, servants, agents, and guests;
ii. A waiver by the insurer of its rights to repair and reconstruct
instead of paying cash;
iii. That no policy may be canceled, invalidated, or suspended on
account of any one or more individual Owners;
iv. That no policy may be canceled, allowed to lapse or expire,
invalidated, or suspended on account of any defect or the conduct of any director,
officer, or employee of the Association or its duly authorized manager without
prior demand in writing delivered to the Association to cure the defect or to cease
the conduct and the allowance of a reasonable time thereafter within which a cure
may be effected by the Association, its manager, any Owner or Mortgagee;
V. That any "other insurance" clause in any policy exclude individual
Owners' policies from consideration; and
vi. That no policy may be canceled, allowed to lapse or expire, or
substantially modified without at least 30 days prior written notice to the
Association,
f. In addition to the other insurance required by this Section, the Board shall
obtain worker's compensation insurance, if and to the extent necessary to satisfy the
requirements of applicable laws, and a fidelity bond or bonds on directors, officers,
employees, and other persons handling or responsible for the Association's funds, if
reasonably available. If obtained, the amount of fidelity coverage shall be determined in
the 3 months assessments plus reserves on hand. Bonds shall contain a waiver of all
defenses based upon the exclusion of persons serving without compensation and may not
be canceled, allowed to lapse or expire, or substantially modified without at least 30 days
prior written notice to the Association. The Association shall also obtain construction
code endorsements, steam boiler coverage, and flood insurance, if and to the extent
necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation,
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IBKO12407PGO1047
1
the Federal National Mortgage Association, and the U.S. Department of Veterans Affairs,
' or the U.S. Department of Housing and Urban Development.
8.6. Individual Insurance. By virtue of taking title to a Lot subject to the terms of this
Declaration, each Owner acknowledges that the Association has no obligation to provide any
insurance for any portion of individual Lots, and each Owner covenants and agrees with all other
Owners and with the Association that each Owner shall carry blanket "all-risk" casualty
' insurance on the Lot and all structures constructed thereon and a liability policy covering damage
or injury occurring on a Lot. The casualty insurance shall cover loss or damage by fire and other
hazards commonly insured under an "all-risk" policy, if reasonably available, including
vandalism and malicious mischief, and shall be in an amount sufficient to cover the full
replacement cost of any repair or reconstruction in the event of damage or destruction from any
such hazard. If "all-risk" coverage is not reasonably available, Owners shall obtain, at a
' minimum, fire and extended coverage. The policies required hereunder shall be in effect at all
times. Authority to adjust losses under policies obtained by an Owner shall be vested in the
Owner. The losses under policies obtained by an Owner shall be vested in the Owner. The
' Association shall have the right, but not the obligation, at the expense of the Owner, to acquire
the insurance required to be maintained by the Owner if the Owner fails to provide a valid policy
to the Association with a prepaid receipt within 10 days after receipt by the Owner of a written
' request from the Association. If the Association acquires insurance on behalf of any Owner, the
cost thereof shall be assessed against the Owner as a specific assessment and shall be a lien on
such Owner's Lot.
8.7. Damage and Destruction -- Insured by Association.
' a. In General. Immediately after damage or destruction by fire or other
casualty to all or any portion of any improvement covered by insurance written in the
name of the Association, the Board or its duly authorized agent shall proceed with the
' filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
property. Repair or reconstruction, as used in this Section, means repairing or restoring
' the property to substantially the same condition and location that existed prior to the fire
or other casualty, allowing for any changes or improvements necessitated by changes in
applicable building codes. The Board shall have the enforcement powers specified in this
' Declaration necessary to enforce this provision.
b. Repair and Reconstruction. Any damage or destruction to property
' covered by insurance written in the name of the Association shall be repaired or
reconstructed unless, within 60 days after the casualty, at least 80% of the Total
Association Vote otherwise agree; provided, however, during Declarant's Development
' Period, Declarant must also agree. If for any reason either the amount of the insurance
proceeds to be paid as a result of such damage or destruction, or reliable and detailed
estimates of the cost of repair or reconstruction, or both, are not made available to the
Association within such period, then the period shall be extended until such information
shall be made available; provided, however, such extension shall not exceed 60 days. No
26
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;K012407PG01048
Mortgagee shall have the right to participate in the determination of whether damage or
destruction shall be repaired or reconstructed.
C. If the damage or destruction for which the insurance proceeds are paid is
to be repaired or reconstructed and such proceeds are not sufficient to defray the cost
thereof, the Board shall, without the necessity of a vote of the Association's members,
levy a special assessment against all Owners in proportion to the number of Lots owned
by such Owners. Additional assessments may be made in like manner at any time during
or following the completion of any repair or reconstruction. If the funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not
repaired or reconstructed, such excess shall be deposited to the benefit of the Association.
d. In the event that it is determined by the Association in the manner
described above that the damage or destruction shall not be repaired or reconstructed and
no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portion of the Community
by the Association in a neat and attractive condition.
8.8. Damage and Destruction -- Insured by Owners. The damage or destruction by fire
or other casualty to all or any portion of any improvement on a Lot shall be repaired by the
Owner thereof within 75 days after such damage or destruction or, where repairs cannot be
completed within 75 days, they shall be commenced within such period and shall be completed
within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all
improvements on the Lot and remove all debris therefrom within 75 days after such damage or
destruction. In the event of noncompliance with this provision, the Board shall have all
enforcement powers specified in this Declaration.
ARTICLE IX.
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Property on
which improvements have been constructed, then, unless within 60 days after such taking, at
least 75% of the Total Association Vote shall otherwise agree, the Association shall restore or
replace such improvements so taken on the remaining land included in the Common Property to
the extent lands are available therefor. The provisions of this Declaration applicable to Common
Property improvements damage, shall govern replacement or restoration and the actions to be
taken in the event that the improvements are not restored or replaced.
ARTICLE X.
ANNEXATION OF ADDITIONAL PROPERTY
10.1. Unilateral Annexation By Declarant.
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I BK012407PG01049
1
a. The Declarant shall have the unilateral right, privilege, and option from
time to time until 10 years after the recording of this Declaration to subject to the
provisions of this Declaration the following property ("Annexation"):
L All or any portion of the real property described in Exhibit B, if
any;
ii. Any property which is adjacent to any portion of the Property, and
iii. Any tract of land, of which any portion is located within a 5 mile
radius of the property described in Exhibit A.
For the purpose of determining whether property is "adjacent," the rights of way
of public or private roads or utilities, as well as rivers and streams, and the like shall be
deemed not to separate otherwise adjacent property. Annexation may be accomplished by
filing for record, in the county in which the property to be annexed is located, a
Supplementary Declaration describing the property being subjected.
Any such annexation shall be effective upon the filing for record of such
Supplementary Declaration unless otherwise provided therein.
Declarant shall have the right, in connection with the annexation of other
property, to modify the terms of this Declaration as it may apply to the annexed property.
As long as covenants applicable to the real property previously subjected to this
Declaration are not changed and as long as rights of existing Owners are not adversely
affected, the Declarant may unilaterally amend this Declaration to reflect the different
character of any such annexed real property.
b. The rights reserved unto Declarant to subject additional land to the
Declaration shall not impose any obligation upon Declarant to subject any of such
additional land to this Declaration or the jurisdiction of the Association. If such
additional land is not subjected to this Declaration, Declarant's reserved rights shall not
impose any obligation on Declarant to impose any covenants and restrictions similar to
those contained herein upon such additional land nor shall such rights in any manner limit
or restrict the use to which such additional land may be put by Declarant or any
subsequent owner thereof, whether such uses are consistent with the covenants and
restrictions imposed hereby or not.
10.2. Other Annexation. Subject to the consent of the owner(s) thereof and the consent
of the Declarant (during Declarant's Development Period), upon the affirmative vote or written
consent, or any combination thereof, of the Owners of at least 2/3 of the Lots, the Association
may annex real property to the provisions of this Declaration describing the property to be
annexed and filed for recording in the land records of the county in which the Community is
located. A Supplementary Declaration shall be signed by the President of the Association whose
signature shall be attested by the Secretary of the Association, and any such annexation shall be
28
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X012407PG01050
effective only upon the filing for record of such Supplementary Declaration, unless a later
effective date is provided therein.
ARTICLE XI.
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in the
Community. The provisions of this Section apply to both this Declaration and the Bylaws,
notwithstanding any other provisions contained therein.
11.1. Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the legal description of the encumbered Lot,
therefore becoming an "eligible holder"), will be entitled to timely written notice of :
a. Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage
held, insured, or guaranteed by such eligible holder;
b. Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder, where such delinquency
has continued for a period of 60 days; provided that, notwithstanding this provision, any
holder of a first Mortgage, upon request, is entitled to written notice from the Association
of any default in the performance by the Owner of the encumbered Lot of any obligation
under the Declaration or Bylaws of the Association which is not cured within 60 days;
and
c. Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association.
11.2. Notice to Association. Upon request, each Owner shall be obligated to furnish to
the Association the name and address of the holder of any Mortgage encumbering such Owner's
Lot.
11.3. Applicability of Section. Nothing contained in this Section shall be construed to
reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or
North Carolina law for any of the acts set out in this Section.
11.4. Amendments by Boar d. Should the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, HUD, or VA subsequently delete any of their
respective requirements which necessitate the provisions of this Section or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendment to this Section to be recorded to reflect such changes.
11.5 Subordination of the Lien on an Owner's Property to Mortgages or Deeds of the
Trust. The lien on an Owner's property of the Assessments provided for herein shall be
29
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IBKO12407PGO1051
absolutely subordinate to the lien of any first mortgage or deed of trust now or hereafter placed
' upon any Lot or Dwelling subject to Assessment. The subordination shall not relieve any Lot or
Dwelling from liability for any Assessments now or hereafter due and payable, but the lien
thereby created shall be secondary and subordinate to any first mortgage or deed of trust as if said
' lien were a second mortgage, irrespective of when such first mortgage or deed of trust was
executed and recorded. The sale or transfer of a Lot or Dwelling shall not affect any lien for
Assessments. However, the sale or transfer of a Lot or Dwelling that is subject to a first
mortgage or first deed of trust, pursuant to a foreclosure thereof or any proceeding in lieu of
foreclosure thereof, shall extinguish the lien of such Assessments as to the payment thereof
which became due prior to such sale or transfer. The extinguished Assessments shall be
' collectable as a common expense from all Owners in the Community. No such sale or transfer
shall relieve a Lot or Dwelling from liability for any assessments thereafter becoming due, or
from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien
' of any such first mortgage or first deed of trust.
ARTICLE XII.
EASEMENTS
12.1. Easements for Encroachment and Overhang. There shall be reciprocal
' appurtenant easements for encroachment and overhang as between each Lot and such portion or
portions of the Common Property adjacent thereto or as between adjacent Lots due to the
unintentional placement or settling or shifting of the improvements constructed, reconstructed, or
altered thereon (in accordance with the terms of this Declaration) to a distance of not more than 5
feet, as measured from any point on the common boundary between each Lot and the adjacent
portion of the Common Property or as between adjacent Lots, as the case may be, along a line
' perpendicular to such boundary at such point. In no event shall an easement for encroachment
exist if such encroachment occurred due to willful conduct on the part of an Owner, Occupant, or
the Association.
' 12.2. Easements for Use and Enjoyment.
a. Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Property which shall be appurtenant to
and shall pass with the title to each Lot, subject to the following provisions:
i. The right of the Association to charge reasonable admission and
other fees for the use of any portion of the Common Property, to limit the number
of guests of Lot Owners and tenants who may use the Common Property, and to
provide for the exclusive use and enjoyment of specific portions thereof at certain
designated times by an Owner, his family, tenants, guests, and invitees;
ii. The right of the Association to suspend the voting rights of a
Owner and the right of an Owner to use the recreational facilities available for use
by the Community, if any, for any period during which any assessment against
such Owner's Lot which is hereby provided for remains unpaid; and, for a
30
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K012407PGO1052
reasonable period of time for an infraction of the Declaration, Bylaws, or rules
and regulations;
iii. The right of the Association to borrow money for the purpose of
improving the Common Property, or any portion thereof, or for construction,
repairing, or improving any facilities located or to be located thereon, and to give
as security for the payment of any such loan a Mortgage conveying all or any
portion of the Common Property; provided that, the lien and encumbrance of any
such Mortgage given by the Association shall be subject and subordinate to any
rights, interests, options, easements, and privileges herein reserved or established
for the benefit of Declarant, or any Lot or Owner, or the holder of any Mortgage,
irrespective of when executed, given by Declarant or any Owner encumbering any
Lot or other property located within the Community. Any such Mortgage on the
Common Property shall be subject to approval by at least 80% of the Total
Association Vote (excluding votes held by the Declarant) and by the Declarant
during Declarant's Development Period. Any provision in this Declaration or in
any such Mortgage given by the Association to the contrary notwithstanding, the
exercise of any rights therein by the holder thereof in the event of a default
thereunder shall not cancel or terminate any rights, easements, or privileges herein
reserved or established for the benefit of Declarant, or any Lot or Owner, or the
holder of any Mortgage, irrespective of when executed, given by Declarant or any
Owner encumbering any Lot or other property located within the Community;
iv. The right of the Association to dedicate or grant licenses, permits,
or easements over, under, and through the Common Property to governmental
entities for public purposes;
V. The right of the Association, acting through the Board without
Member, Mortgagee or agency approvals, to dedicate or transfer non-exclusive
easements on, over and upon all or any part of the Common Property which are
not inconsistent with and do not unreasonably interfere with the intended use of
the Common Property and otherwise for such purposes and subject to such
conditions as may be agreed to by the Association's Board; provided, however, no
such dedication or transfer shall be effective unless an instrument executed on
behalf of the Association by its duly authorized officers, agreeing to such
dedication or transfer, has been recorded in the Register of Deeds for the County
in which the Community is located;
vi. The right of the Association to dedicate or transfer any real
property interest in all or any portion of the Common Property subject to such
conditions as may be agreed to by the members of the Association. No such
dedication or transfer shall be effective unless an instrument agreeing to such
dedication or transfer has been approved by the affirmative vote of at least 80% of
the Total Association Vote (excluding votes held by the Declarant) and by
Declarant during Declarant's Development Period, and, further provided that no
31
(Page 33 of 47)
I BK012407PG01053
' such dedication or transfer shall interfere with or obstruct utility service to, or
ingress, egress and regress to or from, the Lots or any remaining Common
Property or cause any Lot or any remaining Common Property to fail to comply
' with applicable laws, regulations or ordinances;
vii. The right of the Association, acting through the Board, to impose
rules and regulations for the use and enjoyment of the Common Property and
improvements thereon, which regulations may further restrict the use of the
Common Property, and specifically including the right to establish rules and
regulations concerning parking and vehicular traffic flow on and along the streets
' and roadways, whether public or private, within or abutting the Community,
which rules and regulations may restrict or prohibit on-street parking and may be
enforced by towing at the expense of the vehicle's owner, by reasonable fine
' levied against the vehicle's owner and/or any Owner of a Lot to which such
violation reasonably may be attributed, or by any other reasonable method of
enforcement established by the Association's Board; and
' vi. The easements, conditions and restrictions herein reserved and
established for the benefit of the Declarant, the Association and others.
b. Delegation. Any Lot Owner may delegate such Owner's right of use and
enjoyment in and to the Common Property and facilities located thereon to the members
' of such Owner's family and to such Owner's tenants and guests and shall be deemed to
have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased.
' 12.3. Easements for Access, Utilities and Other Purposes. There is hereby reserved and
established in favor of the Declarant and the Association blanket non-exclusive easements upon,
across, above, and under all property within the Community, including all Lots, for access,
ingress, egress, installation, repairing, replacing, and maintaining all utilities serving all or any
portion of the Community or any portion or any portion of the additional property specifically
described on Exhibit B hereto (whether or not such additional property is added to the
' Community), and for such other purposes that are not inconsistent with and do not unreasonably
interfere with the intended use of such property. This easement shall include, without limitation,
access, gas, water, sanitary sewer, telephone, electricity, cable television, security, as well as
' storm drainage and any other service or system which the Declarant or the Association might
decide to have installed to service the Community or any portion of the additional property
specifically described on Exhibit B hereto (whether or not such additional property is added to
' the Community). It shall be expressly permissible for the Declarant, the Association, or the
designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the
installation, repairing, replacing, and maintaining of such wires, conduits, pipes, cables, and other
' equipment related to the providing of any such access, utility or service. Should any party
furnishing or receiving any such utility or service request a specific license or easement by
separate recordable document, the Declarant or the Board, as the case may be, shall have the right
' to grant such easement.
' 32
age 34 of 47)
X012407PG01054
12.4. Easement for Drainage. Declarant hereby reserves a perpetual easement across
the Community for the purpose of altering drainage and water flow across the Community. This
right shall include, but is not limited to, altering swales, installing drains, drainage ditches, pipes,
inlets, headwalls, and altering channeling, or piping water across any Lot or any property in the
Community. Rights exercised pursuant to this reserved easement shall be exercised with a
minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be
taken to protect such property, and damage shall be repaired by the Person causing the damage at
its sole expense.
12.5. Easement for Entry. In addition to the other rights reserved and established in
favor of Declarant and the Association, the Declarant and the Association each shall have the
right (but not the obligation) to enter upon any property or Lot within the Community for
emergency, security, and safety reasons. This right may be exercised by the Declarant, the
Association their respective designee, any officer of the Board, and all governmental employees,
policemen, firemen, ambulance personnel, and similar emergency personnel in the performance
of their respective duties. Except in an emergency situation, entry shall only be during
reasonable hours and after notice to the Owner, and the entering party shall be responsible for
any damage caused. This right of entry shall include the right of the Board to enter to cure any
condition which may increase the possibility of a fire, slope erosion, or other hazard or condition
in the event an Owner or Occupant fails or refuses to cure the condition upon request by the
Board.
12.6. Easement for Maintenance. Declarant hereby expressly reserves a perpetual
easement for the benefit of Declarant or the Association across such portions of the Community,
determined in the sole discretion of the Declarant and the Association, as are necessary to allow
for the maintenance required by this Declaration. Such maintenance shall be performed with a
minimum of interference to the quiet enjoyment to Owners' property, reasonable steps shall be
taken to protect such property, and damage shall be repaired by the Person causing the damage at
its sole expense.
12.7. Easement for Entry Features. There is hereby reserved to the Declarant and the
Association an easement for ingress, egress, installation, construction, landscaping, and
maintenance of entry features and similar streetscapes for the Community, over and upon each
Lot as more fully described on the recorded subdivision plats for the Community. The easement
and right herein reserved shall include the right to cut, remove, and plant trees, shrubbery,
flowers, and other vegetation around such entry features and the right to grade the land under and
around such entry features.
12.8. Construction and Sale Period Easement. Notwithstanding any provisions
contained in the Declaration, the Bylaws, Articles of Incorporation, use restrictions, rules and
regulations, design guidelines, and any amendments thereto, during Declarant's Development
Period, Declarant reserves an easement across such portions of the Community as Declarant may
reasonably deem necessary for any or all of the purposes hereinafter set forth. This reserved
easement shall include an easement for such facilities and activities which, in the sole opinion of
Declarant, may be required, convenient, or incidental to the development, construction, and sales
33
(Page 35 of 47)
IBKO12407PGO1055
1
activities related to property within or near the Community. This easement shall include, without
limitation:
a. The right of access, ingress, and egress for vehicular and pedestrian traffic,
' and construction activities over, under, on, or in any portion of the Community as well as
any Lot in the Community;
' b. The right to tie into any portion of the Community with driveways,
parking areas, and walkways;
C. The right to tie into or otherwise connect and use (without a tap-on or any
other fee for so doing), replace, relocate, maintain, and repair any device which provides
utility or similar services;
d. The right (but not the obligation) to construct recreational facilities on
Common Property;
e. The right to carry on sales and promotional activities in the Community;
f. The right to place direction and marketing signs on any portion of the
Community, including any Lot or Common Property;
g. The right to construct and operate business offices, signs, construction
trailers, model residences, and sales offices incidental to the construction, development,
and sales activities; and
h. Declarant and any such builder or developer may use residences, offices,
or other buildings owned or leased by Declarant or such builder or developer as model
residences and sales offices, and may also use recreational facilities available for use by
the Community as a sales office or for marketing purposes without charge. Rights
exercised pursuant to such reserved easement shall be exercised with a minimum of
interference to the quiet enjoyment of affected property, and reasonable steps shall be
' taken to protect such property from damage. Any damage shall be repaired by the Person
causing the damage at its sole expense. This Section shall not be amended without the
Declarant's express written consent until the Declarant's rights hereunder have
terminated as provided in this Declaration.
12.9. Irrigation Easements. There is hereby reserved to the Declarant and the
Association a blanket easement to pump water from ponds, lakes, and other bodies of water
located within the Community for irrigation purposes.
' 12.10. Fence Easement. Declarant hereby reserves an easement across any Lot which
borders upon or contains a portion of any water facility, detention pond, or retention pond for the
purpose of access to such facility or pond, and for the purpose of erecting any fence which is
34
age 36 of 47)
?K012407PG01056
either required by the subdivision development and construction plans or governmental
regulation, rule, ordinance, or plan approval requirement.
ARTICLE XII1.
GENERAL PROVISIONS
13.1. Enforcement. Each Owner and Occupant shall comply strictly with the Bylaws,
the rules and regulations, and the use restrictions, as they may be lawfully amended or modified
from time to time, and with the covenants, conditions, and restrictions set forth in this
Declaration and any such restrictions which may be placed in the deed to such Owner's Lot, if
any. In the event of a conflict between the provisions of this Declaration and the Bylaws, the
Declaration shall prevail. The Board may impose fines or other sanctions, which shall be
collected as provided herein for the collection of assessments. Failure to comply with this
Declaration, the Bylaws, or the rules and regulations shall be grounds for an action to recover
sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on
behalf of the Association, or in a proper case, by an aggrieved Owner.
To determine whether a fine or other sanction shall be imposed, a hearing shall be held
before either the Board or an adjudicatory panel appointed by the Board, at the Board's sole
discretion, to determine if any Owner or Occupant should be fined or if Community privileges or
services should be suspended. Any adjudicatory panel appointed by the Board shall be composed
of members of the Association who are neither officers of the Association nor members of the
Board. The Owner charged shall be given notice of the charge, an opportunity to be heard and to
present evidence, and notice of the decision. If either the Board or an adjudicatory panel, as
applicable, decides that a fine should be imposed, a fine not to exceed $100.00 may be imposed
for the violation and without further hearing, for each day more than 5 days after the decision that
the violation continues or recurs . Such fines shall be shall be assessments secured by liens under
North Carolina law. If either the Board or an adjudicatory panel, as applicable, decides that
Community privileges or services should be suspended, the suspension may be continued without
further hearing until the violation or delinquency is cured. The Owner may appeal the decision of
an adjudicatory panel to the full Board by delivering written notice of appeal to the Board within
15 days after the date of the decision. The Board may affirm, vacate, or modify the prior decision
of the adjudicatory panel.
13.2. Self-Help. In addition to any other remedies provided for herein, the Association
or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the
Community to abate or remove, using such force as may be reasonably necessary, any structure,
thing, or condition which violates this Declaration, the Bylaws, the rules and regulations, or the
use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot
Owner 10 days written notice of its intent to exercise self-help. Notwithstanding the foregoing,
vehicles may be towed after reasonable notice. All costs of self-help, including reasonable
attorneys' fees, shall be assessed against the violating Lot Owner and shall be collected as
provided for herein for the collection of assessments.
35
(Page 37 of 47)
IBKO12407PGO1057
1
13.3. Duration. The covenants and restrictions of this Declaration shall run with and
1 bind the Community, and shall inure to the benefit of and shall be enforceable by Declarant, the
Association or any Owner, their respective legal representatives, heirs, successors, and assigns,
perpetually to the extent provided by law. If North Carolina law limits the period during which
1 covenants restricting lands to certain uses may run, any provision of this Declaration affected
thereby shall run with and bind the land so long as permitted by such law, after which time any
such provision shall be automatically extended for successive periods of 10 years.
' The termination of this Declaration shall require the assent of at least 80% of the votes in
the Association, taken at a meeting duly called and held for this purpose, and shall be evidenced
by a termination agreement recorded in the Wake County Registry and otherwise complying with
the terms of North Carolina General Statutes Section 47F-2-118.
13.4. Amendment. This Declaration may be amended unilaterally at any time and from
time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into
compliance with any applicable governmental statute, rule or regulation, or judicial
determination which shall be in conflict therewith; (b) if such amendment is necessary to enable
any title insurance company to issue title insurance coverage with respect to the Lots subject to
this Declaration; (c) if such amendment is required by an institutional or governmental lender or
' purchaser of mortgage loans, including, for example, the Federal National Mortgage Association,
the Department of Housing and Urban Development, the Veterans Administration, or Federal
Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase
Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to
enable any governmental agency or private insurance company to insure or guarantee Mortgage
Loans on the Lots subject to this Declaration; provided, however, any such amendment shall not
' adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent in writing.
Further, so long as Declarant has the right unilaterally to subject additional property to this
Declaration, Declarant may unilaterally amend this Declaration for any other purpose; provided
' that, any such amendment shall not materially adversely affect the substantive rights of any Lot
Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected
Lot Owner.
0 In addition to the above, this Declaration may be amended:
i. During Declarant's Development Period, with the affirmative
written consent of the Declarant and upon the affirmative vote or written consent,
or any combination thereof, of the Owners of at least 2/3 of the Lots; and
ii. Following the expiration of Declarant's Development Period, upon
the affirmative vote or written consent, or any combination thereof, of the Owners
of at least 2/3 of the Lots.
13.5. Partition. The Common Property shall remain undivided, and no Owner nor any
other Person shall bring any action for partition or division of the whole or any part thereof
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
36
age 38 of 47)
)K012407PG01058
portion of the property, including, but not necessarily limited to, the Lots located within the
Community.
13.6. Gender and Grammar. The singular, wherever used herein, shall be construed to
mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter
and feminine.
13.7. Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision of
this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and to this end, the
provisions of this Declaration are declared to be severable.
13.8. Captions. The captions are inserted only for convenience and are in no way to be
construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or Section to which they refer.
13.9. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions
of this Declaration shall be unlawful, void, or voidable for violation of the rule against
perpetuities, then such provisions shall continue only until 21 years after the death of the last
survivor of the now living descendants of Elizabeth 11, Queen of England.
13.10. Indemnification. To the fullest extent allowed by applicable North Carolina law,
the Association shall indemnify every officer of the Association and director of the Association
against any and all expenses, including, without limitation, attorneys' fees, imposed upon or
reasonably incurred by any officer or director in connection with any action, suit, or other
proceeding to which such officer or director may be a party by reason of being or having been an
officer or director. The officers and directors shall not be liable for any mistake of judgment,
negligent or otherwise, except for their own individual willful misfeasance, malfeasance,
misconduct, or bad faith. The officers and directors shall have no personal liability with respect
to any contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be members of the Association), and
the Association shall indemnify and forever hold each such officer and director free and harmless
against any and all liability to others on account of any such contract or commitment. Any right
to indemnification provided for herein shall not be exclusive of any other rights to which any
officer or director, or former officer of director, may be entitled. This indemnification shall also
include attorneys' fees and expenses incurred in enforcing this indemnification. The Association
shall maintain adequate general liability and officers' and directors' liability insurance to fund
this obligation, if such coverage is reasonably available.
13.11. Books and Records.
a. Inspection by Members and Mortag gees. This Declaration, the Bylaws,
copies of rules and use restrictions, membership register, books of account, and minutes
of meetings of the members of the Board and of committees shall be made available for
37
(Page 39 of 47)
IBKO12407PGO1059

inspection and copying by Declarant or any member of the Association or by the duly
appointed representative of any member and by holders, insurers, or guarantors of any
first Mortgage at any reasonable time and for a purpose reasonably related to such
Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the
office of the Association or at such other reasonable place as the Board shall prescribe.
b. Rules for Inspection. The Board shall establish reasonable rules with
respect to: (1) notice to be given to the custodian of the records; (2) hours and days of the
work when such an inspection may be made; and (3) payment of the cost of reproducing
copies of documents.
C. Inspection by Directors. Every director shall have the absolute right at any
reasonable time to inspect all books, records, and documents of the Association and the
physical properties owned or .controlled by the Association. The right of inspection by a
director includes the right to make extra copies of documents at the reasonable expense of
the Association.
13.12. Financial Review. A review of the books and records of the Association shall be
made annually in the manner as the Board may decide; however, after having received the
Board's financial statements, by a majority of the Total Association Vote, the Owners may
require that the accounts of the Association be audited as a common expense by a certified public
accountant. Upon written request of any institutional holder of a first Mortgage and upon
payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial
statements within 90 days of the date of the request.
' 13.13. Notice of Sale, Lease, or Acquisition. In the event an Owner sells or leases such
Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of
such sales or lease, the name of the purchaser or lessee of the Lot and such other information as
' the Board may reasonably require. Upon acquisition of a Lot, each new Owner shall give the
Association, in writing, the name and mailing address of the Owner and such other information
as the Board may reasonably require.
13.14. Agreements. Subject to the prior approval of Declarant (during Declarant's
Development Period), all agreements and determinations, including settlement agreements
regarding litigation involving the Association, lawfully authorized by the Board shall be binding
upon all Owners, their heirs, legal representatives, successors, assigns, and others having an
interest in the Community or the privilege of possession and enjoyment of any part of the
Community.
13.15. Implied Rights. The Association may exercise any right or privilege given to it
expressly by the Declaration, the Bylaws, the Articles of Incorporation, any use restriction or
rule, and every other right or privilege reasonably to be implied from the existence of any right or
privilege given to it therein or reasonably necessary to effectuate any such right or privilege.
13.16 Right to Transferor Assign Declarant Rights. Any or all of the special rights and
obligations of Declarant set forth in this Declaration or the Bylaws may be transferred in whole
38
?ge 40 of 47)
K012407PGO1 O60
or in part to other persons; provided, the transfer shall not reduce an obligation nor enlarge a
right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or
assignment shall be effective unless it is in a written instrument signed by Declarant and duly
recorded in the Wake County Registry. The foregoing sentence shall not preclude Declarant
from permitting other persons to exercise, on a one time or limited basis, any right reserved to
Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety,
and in such case it shall not be necessary to record any written assignment unless necessary to
evidence Declarant's consent to such exercise.
13.17 Right to Re-designate Certain Property. Declarant hereby reserves for itself and
its successors and assigns, during the existence of Class 11 membership and until two years
thereafter, the right to re-designate property types or boundary lines shown on a recorded plat or
described in a recorded instrument by recording a new recorded plat showing such changes or
recording a new recorded instrument describing such changes. Except as otherwise limited
herein or by local codes or ordinances, Owners may recombine, add, or delete Lots and adjust lot
lines, and such resulting Lots will, without any consent of Declarant or the Association,
constitute "Lots" hereunder.
13.18 Dissolution or Insolvency of the Association. The Association shall be dissolved
upon the termination of this Declaration, or upon the written assent given in writing and signed
by not less than eighty percent (80%) of the members of each class of members, or upon such
more restrictive or additional conditions and in such manner as otherwise provided by the laws of
the State of North Carolina. Upon dissolution or insolvency of the Association or upon loss of
ownership of the Common Property (once such ownership has been acquired) by the Association
for any reason whatsoever (except for exchange or dedication or conveyance of any part or all of
the Common Property as allowed by this Declaration or by reason of merger and/or consolidation
with any other association as allowed by this Declaration), any portion of the Common Property
not under the jurisdiction and being maintained by the Association, shall be offered to the Town
of Wake Forest, North Carolina, or to some other appropriate governmental entity or public
agency (as determined by the Board) to be dedicated for public use for purposes similar to those
to which the Common Area and such assets were required to be devoted by the Association. If
the Town of Wake Forest or such other appropriate governmental entity or public agency accepts
the offer of dedication, such portion of the Common Property and assets shall be conveyed by the
Association to the Town of Wake Forest or such other appropriate governmental entity or public
agency, subject to the superior right of the Owner of each Lot to an easement (if necessary) for
reasonable ingress and egress to and from such Owner's Lot and the public or private street(s) on
which such Lot is located, and subject to all other applicable rights of way and easements and
subject to ad valorem property taxes subsequent to the date of such conveyance.
In the event that the Town of Wake Forest or such other appropriate governmental entity
or public agency refuses the offer of dedication and conveyance, the Association may transfer
and convey such Common Property and assets to any nonprofit corporation, association, trust or
other entity which is or shall be devoted to purposes and uses that would most nearly conform to
the purposes and uses to which the Common Property was required to be devoted by this
39
(Page 41 of 47)
I BK012407PG01061
Declaration, such conveyance to be made subject to the rights of Owners and other matters set
forth in the immediately preceding paragraph.
ARTICLE XIV.
USE OF RECREATIONAL FACILITIES
Declarant may, but shall not be required to, construct recreational facilities on portions of
' the Common Property. These facilities may take the form of playground, tennis courts, a pool,
bathhouse, viewing areas, and the like. In the event Declarant constructs such recreational
facilities, the following shall apply:
a. During Declarant's Development Period, Declarant shall have the right to
grant to persons who are not members of the Association the right to use the recreational
' facilities. The extent and duration of nonmember use and the fee to be charged shall be
determined solely by Declarant. The Declarant may grant nonmember use rights to
Persons as an easement appurtenant to such Person's residential real property so that such
use rights shall automatically inure to the benefit of such Persons and their heirs and
assigns.
' b. Any use right granted to nonmembers which extends beyond the time
period specified in (a) above shall be valid and may not be terminated by the Association
so long as the terms and conditions imposed upon nonmember use by the Declarant are
complied with by the nonmember user.
C. Declarant hereby reserves unto itself, its successors and assigns, a non-
exclusive, perpetual right and privilege, and easement with respect to the Community for
the benefit of Declarant, its successors, assigns, and the above nonmember users, without
obligation or charge. These rights shall include, without limitation, an easement for
travel across all Common Property in the Community.
d. Declarant shall not be responsible for any fees to be paid by such
' nonmember.
e. Declarant shall have the sole right to grant nonmembers access during the
time period specified in (a) above.
ARTICLE XV.
VARIANCES
Notwithstanding anything to the contrary contained herein, the Declarant and the Board
or its designee shall be authorized to grant individual variances from any of the provisions of this
' Declaration, the Bylaws, and any rule, regulation, or use restriction promulgated pursuant thereto
if it determines that waiver of application or enforcement of the provision in a particular case
would not be inconsistent with the overall scheme of development for the Community.
ARTICLE XV1.
1 40
age 42 of 47)
oKO12407PGO1062
LITIGATION
No judicial or administrative proceeding shall be commenced or prosecuted by the
Association unless approved by at least 75% of the Total Association Vote_ This Section shall
not apply, however, to (a) actions brought by the Association to enforce the provisions of this
Declaration (including, without limitation, the foreclosure of liens), (b) the imposition and
collection of assessments as provided in this Declaration, (c) proceedings involving challenges to
ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted
against it. This Section shall not be amended unless such amendment is either made by
Declarant or is approved by a vote of 75% of the Owners.
ARTICLE XVII.
DISPUTE RESOLUTION
Any Lot Owner or occupant must give written notice to the Board requesting a
hearing with the Board and attend such hearing to discuss amicable resolution of any dispute
before that Owner or occupant files any lawsuit against the Association, the Board, any officer or
director of the Association, or the property manager of the Association. The Owner or occupant
shall, in such notice and at the hearing, make a good faith effort to explain the grievance to the
Board and resolve the dispute in an amicable fashion, and shall give the Board a reasonable
opportunity to address the Owner's or occupant's grievance before filing suit. Upon receiving a
request for a hearing, the Board shall give notice of the date, time and place of the hearing to the
person requesting the hearing. The Board shall schedule this hearing for a date not less than 7
and not more than 21 days from the date of receipt of the notice of hearing from the person
requesting the hearing.
[The remainder of this page was left blank intentionally.]
41
(Page 43 of 47)
' BKO12407PGO1063
1
IN WITNESS WHEREOF, the Declarant herein, hereby executes this instrument under
' seal this the day of February, 2007.
' DECLARANT:
PARKER & ORLEANS HOMEBUILDERS, INC.,
a Delawar orpor t on
' By:
tev each, iv ion President

age 44 of 47)
)KO12407PG01064
STATE OF NORTH CAROLINA
COUNTY OF WAKE
a Notary Public within and for said County
and State, do hereby certify that Steve Leach personally came before me this day and
acknowledged that he is Division President of PARKER & ORLEANS HOMEBUILDERS,
INC., a Delaware corporation, and that he, as Division President, being duly authorized to do so,
executed the foregoing instrument on behalf of said corporation.
Witness my hand and official seal, this the L?:44
-day of February, 2007.
V Notary Public
My commission expires: 1o /A 3
[NOTARY SEAL]
% ',w18,?1I,.,
00 0
_ of 'o? ARC
?y PUBUG v,-
C 0UNty
11,11111111110,0
2
(Page 45 of 47)
BK012407PG01065

V%r"TDTT A
Property Subject to this Declaration
All of Phase 1 and Phase 2 of Reynold's Mill subdivision, as shown on a plat entitled
' "Subdivision Final Plat of Reynold's Mill, Phase 1" recorded in Book of Maps 2007, Pages 188-
189 of the Wake County Registry and on a plat entitled "Final Subdivision Plat of Reynold's
Mill, Phase 2" recorded in Book of Maps 2007, Page 190 of the Wake County Registry.

age 46 of 47)
X012407PG01066
EXHIBIT B
Property that may be annexed by Declarant
Property which may be subjected to this Declaration:

All property adjacent to the Property or located within 3,000 feet of any boundary of the
Property.

1
1

(Page 47 of 47)
' BK012407PG01067
1
1

BOQK:9124e7 PAGE:81821 - e1e67
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
WAKE Laura A Riddick
COUNTY Register of Deeds
.giTM C.OYw.
This Customer Group This Document
of Time Stamps Needed New Time Stamp
;q '7 i of Pages '
u.ooairzaa