20070940 Ver 2_More Info Received_20080714

Doc ID: 004150390002 Type: CRP
Recorded: 11/30/2007 at 01:44:18 PM
Fee Amt: $17.00 Page 1 of 2
Onslow County, NC
Maryland K. Washington Rep. of Deeds
13K2983 PG543-544
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JUl_ 1 4 20,08

Prepared by and Return to Richard L. Stanley PO Box 150, Beaufort, NC 28516
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
Ist SUPPLEMENTAL AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
FOREST RIDGE SUBDIVISION
(ADDING LOTS 54-91, PHASE III
THIS FIRST SUPPLEMENTAL AMENDMENT executed this _30th_, day of
November 2007, PBB Investors, Inc., 604E Cedar Point Boulevard, Cedar Point, NC 28584, a
North Carolina Corporation, herein "Declarant"; and any and all persons, firms and corporations
hereafter acquiring any of the lots within Forest Ridge Subdivision;
WITNESSETH:
WHEREAS, PBB Investors, Inc. has here therefore executed and recorded in 2971, page
1 through 41, Onslow County Registry, a comprehensive set of Covenants, Conditions and
Restrictions for Forest Ridge Subdivision which are applicable to lots 1 through 53, Phases 1
and 2, Forest Ridge Subdivision, as shown on a plat recorded in Map Book 54, pages 118 and
119, Onslow County Registry;
WHEREAS, Declarant reserved the right in Section II to add additional properties to said
Covenants and to have said Covenants binding on and run with the additional properties, and
Declarant now desires to bring the additional properties described herein under the terms of said
Declaration for said Subdivision;
NOW, THEREFORE, in accordance with Section II of said Declaration, Declarant hereby
amends said Declaration by adding the additional lots as follows:
1. Section II (1) is amended to read as follows:
1. Applicability. The real property under the Declaration recorded in Book 2971,
pages 1-41, described as lots 1 through 53, Phases 1 and 2, Forest Ridge Subdivision, as shown
on a plat recorded in Map Book 54, Pages 118-119, Onslow County Registry, are subject to the
operation of these Covenants. Additionally, lots 54-91, Phase III, as shown on a Bell & Phillips
Surveying, PLLC Plat recorded in Map Book _54_Page _174_, Onslow County Registry, are
further made subject to the operation of these Covenants.
2. The impervious surface restrictions applicable to the lots in Phase III shall be a set
forth on Exhibit A to the Covenants in Book 2971, pages 1-41 with the following changes:
Maximum Built-upon areas for lots 54, 55, and 83:
Lot 54 5161 Square Feet
Lot 55 5050 Square Feet
Lot 83 5213 Square Feet
All other lots in Phase III are limited to 5258 square feet each.
3. Bindin effect. From and after the date of recording this Amendment shall be binding
on the owners of said lots subject to these Covenants and their heirs, successors and interest and
assigns, and said Covenants shall run with said lots.
WITNESS WHEREOF, PBB Investors, Inc. has executed this Supplemental Amendment
on the date above written.
PBB Investors, Inc.
,By 06n 4dt
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
a Notary Public for the County and State aforesaid, certify that Alan
Bell in the capacity of President of PBB Investors, Inc., personally appeared before me this day
and acknowledged the execution of the foregoing instrument for and on behalf of said North
Carolina Corporation for the purposes expressed herein and pursuant to authority duly granted.
Witness my hand and official-stai?}-pvor-seal, this the3v day of November 2007.
Notary Public
My Commission expires:
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Prepared by Richard L. Stanley
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I illllll Iillll III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII Ilil it II
Doc ID: 004120290041 Type: CRP
Recorded: 11/02/2007 at 10:18:43 AM
Fee Amt: $134.00 Page 1 of 41
Onslow County, NC
Maryland K. washinpton Reg. of Deeds
13K2971 PG1-41
Declaration of Covenants, Conditions
and Restrictions for Phases 1 and 2
Forest Ridge Subdivision
This Declaration of Covenants, Conditions and Restrictions is made this 1st day of
November, 2007, by PBB Investors, Inc., 604E Cedar Point Boulevard, Cedar Point, NC 28584,
a North Carolina Corporation„ herein "Declarant or Developer"; and any and all persons, firms
and corporations hereafter acquiring any of the lots within Forest Ridge Subdivision as shown on
surveying plats of Phase 1 and 2 of Forest Ridge prepared by Bell and Phillips Surveying,
PLLC, recorded in Map Book 54, pages 118-119, Onslow County Registry;
WITNESSETH:
WHEREAS, Declarant, PBB Investors, Inc. is the owner of certain real property as
conveyed to it by deeds recorded in Book 2732, page 357, Onslow County Registry, and
Declarant has caused the property described therein to be subdivided into lots for a Subdivision
known as Forest Ridge to be developed in more than one phase, with the plats for Phases 1 and 2
showing lots 1 through 53 being recorded in Map Book 54, pages 118 and 119, Onslow County
Registry, hereinafter called "Phases 1 and 2 of Forest Ridge", or the "Property";
WHEREAS, Declarant desires to develop the Property under a common and uniform set of
Covenants and restrictions applicable to the lots and properties of PBB Investors, Inc;
WHEREAS, Declarant intends to develop its property into a quality residential
Subdivision with all improvements being constructed using quality materials and workmanshi
so as to create a unique community that is harmonious with its creekside environment, and p
Declarant intends to form a Homeowners' Association to enforce and maintain the quality of the
project must be maintained at 25% per the requirements of 15 NCAC 2H.1005 of the stormwater
rules.trmernen
"Built-upon area" is defined as that portion of a residential lot that is covered with impervious or partially
pervious cover including buildings, pavement, recreation facilities, etc., but not including decking. The
State of North Carolina is a third party beneficiary to the provisions of this paragraph and may enforce the
same through proceedings, in law or in equity.
All lots shall maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface
waters.
Section 9. Private Piers Docks Bulkheading and Filling of Lots. No lot shall be increased in size
by filling in the waters or marsh on which it abuts without the prior written approval of the Architectural
Review Committee, CAMA, and other appropriate state and federal agencies. Private docks are permitted
but Declarant reserves the right to limit or restrict the number and location of private piers or docks on
creekfront lots within subsequent sections hereafter brought under the operation of these Covenants.
Section 10. Docks and Compliance with Stormwater and Environmental Regulations. No docks,
piers, walkways, gazebos, lifts or similar structures or facilities shall be permitted on or for any creekfront
lot in Phases 1 and 2 or subsequent phases except with the prior approval of the Architectural Review
Committee and appropriate federal and state agencies. The Declarant further reserves the right to regulate
the number and location of private piers and docks and to ban walkways or docks over marsh areas if the
Declarant determines in its absolute discretion that the same is necessary in order to protect or promote
water views or to preserve the ecology.
Likewise, the drainage facilities, roads, utilities, areas of enviromnental concern, common areas
and other properties within the Subdivision shall be maintained at all times in a manner consistent with all
state and federal agencies, and the State of North Carolina shall have standing to enforce the provisions of
these Covenants with regard to the Stonmwater Management Permit and other relative matters. These
covenants pertaining to stormwater may not be altered or rescinded without the express written consent of
the State of North Carolina, Division of Water Quality.
Section 1 l . Wetlands. Declarant has caused to be shown and delineated on a wetlands survey plat
(herein wetlands survey) and verified by the U. S. Army Corps of Engineers , all wetland areas. All of the
Properties subject to this Declaration shall also be subject to the special provisions herein relating to
wetlands. Declarant in developing this Property has agreed with the State of North Carolina and the
Department of the Army Corps of Engineers (pursuant to a permit issued by the State of North Carolina
and the Corps of Engineers) to preserve and maintain the conservation areas as shown on the plats in
perpetuity, and be these covenants hereby restricts and prohibits any future filling or other detrimental
activities in the conservation and wetland areas which presently exist within the identified areas of the
Property. Accordingly all conservation and wetlands areas shown and delineated on the wetlands survey
shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill,
grade, excavate, or perform any other land disturbing activities; nor cut, remove, burn or harm any
vegetation; nor construct or place any roads, trails, walkways, buildings, signs utility poles, towers or
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temporary or permanent structures, nor allow animal grazing or watering or any other agricultural use on
such conservation area, nor drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation areas, nor dump or store soil, waste or trash, or use for any agricultural or horticultural
purpose. Benign structures, such as pile-supported walkways, may be permissible only after reviewed and
written consent is provided by the U.S. Army Corps of Engineers.
The areas shown on the plat entitled "Conservation Area Plat of Forest Ridge" dated June 12, 2007,
surveyed by Bell & Phillips Surveying, PLLC, as Conservation Area, said Area being hatched or shaded,
shall be maintained in perpetuity in its natural or mitigated condition. No person or entity shall perform
any of the following activities on such conservation area:
a. Fill, grade, excavate or perform any other land disturbing activity;
b. Cut, mow, burn, remove or harm any vegatation;
c. Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers,
or any other permanent or temporary structures;
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
e. Dump or store soil, trash or other waste;
f. Graze or water animals or use for any agricultural or horticultural purpose.
This covenant is intended to ensure compliance with the mitigation condition of authorizations issued by
the United State of America, U.S. Army Corps of Engineers, Wilmington District, Action ID 2007 1463
067, and therefore may be enforced by the United States of America. These covenants and conditions are
to run with the Property and shall be binding on the Declarant and all future owners of lots and all parties
claiming thereunder.
This Section pertaining to the conservation areas and wetlands shall not be amended or modified without
the express written consent of the U.S. Army Corps of Engineers, Wilmington District, with the following
exceptions:
The owners of lots 57-59 and lots 69-76 in future phases shall have the right to apply for docks/piers
through the NC Division of Coastal Management and shall be subject to all regulatory agencies pertaining
to such application. The maximum corridor width for the docks/piers shall not exceed 10 feet. The
owners of the common areas adjoining lot 76 in a future phase have a dedicated water access easement of
a width not to exceed 22 feet.
Section VII - Easements
A. Utility Easements. The Declarant reserves unto itself a perpetual, alienable and releasable
easement and right-of-way on, over, under, through and upon the ground with men and equipment to erect,
maintain, and inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water
mains and pipes and other suitable equipment for the conveyance and use of electricity, telephone
equipment, gas, sewage, water and community utilities or conveniences in and over the front twenty feet
of each lot and ten feet along one side line of each lot and such other areas as may be shown on the
recorded map of the Subdivision, together with the right to cut drainways for surface water whenever
action may appear to the Declarant to be necessary in or to maintain reasonable standards of health, safety
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