20041713 Ver 1_More Info Received_20050605

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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
DOLPHIN RIDGE AND ROYALL OAKS
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICT ONS AND EASEMENTS OF DOLPHIN
RIDGE and ROYALL OAKS made and entered into as of the _5`day of April, 1991, by and
between THE NASSAU CORPORATION and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots 1
through 86 and 92 through 121 as shown on the plat entitled "DOLPHIN RIDGE" recorded
in Map Book 28, Page 228, and Lots 1 through 45 as shown on the plat entitled "ROYALL
OAKS" recorded in Map Book 28, Page 229, Carteret County Register of Deeds Office;
W I T N E S S E T H:
WHEREAS, The Nassau Corporation (hereinafter called Declarant) is the developer
of the Lots and Community Use Areas lying and being situate in Carteret County, North
Carolina more particularly described as follows:
Lots:
Lots 1 through 86 and 92 through 121 as shown on the plat entitled "Dolphin
Ridge" recorded in Map Book 28, Page 228, and Lots 1 through 45 as shown on the plat
entitled "Royall Oaks" recorded in Map Book 28, Page 229, in the Carteret County
Register of Deeds Office;
Community Use Areas:
That property described in Attachment A which is attached hereto and
incorporated herein by reference together with the various easement rights granted
herein; and,
WHEREAS, Declarant desires to develop a single family residential community with
limited commercial use and intends by the recordation of this Declaration to impose
certain covenants, conditions, restrictions and easements contained herein (hereinafter
sometimes called Restrictions) on the property described herein as Lots and Community
Use Areas to the end that the Lots and Community Use Areas shall be held subject to said
Restrictions.
NOW, THEREFORE, Declarant does hereby declare that the Restrictions contained
herein shall run with the Lots and Community Use Areas described herein; shall be a
burden on and a benefit to such Lots and Community Use Areas; shall be binding on all
parties having or acquiring any right, title, or interest in the Lots or any part
thereof; and shall inure to the benefit of each Owner of any part thereof.
A.
nafinifinnc
As used herein,
(1) "Articles" means the Articles of Incorporation of Dolphin Ridge and Royall
Oaks Property Owners Association, Inc.
(2) "Board of Directors" means the Board of Directors of Dolphin Ridge and
Royall Oaks Property Owners Association, Inc.
E3® ?:
(3) "Bylaws" means the Bylaws of Dolphin Ridge and Royall Oaks Property Owners
Association, Inc.
(4) "Community Use Areas" means all real property (including the improvements
thereto), interests in real property and personal property now owned or hereafter
acquired by the Corporation for the common use and enjoyment of all of the Owners. The
Community Uses Areas to be conveyed to and owned by the Corporation initially are the
areas described in Attachment A which is attached hereto and incorporated herein by
reference and the various easements described and granted herein. The Community Use
Areas are subject to those easements and restrictions set forth in this instrument,
including but not limited to, Article I hereof.
(5) "Corporation" means Dolphin Ridge and Royall, Oaks Property Owners
Association, Inc., its successors and assigns.
(6) "Declarant" means The Nassau Corporation or any successor corporation of
The Nassau Corporation. In the event another Person acquires title to thirty (30) or
more Lots on which no Dwelling has been constructed at the time of such acquisition, The
Nassau Corporation by recorded instrument may designate such party as a Declarant and
in such event such party shall be a Declarant as specified herein and as to such Lots
shall be entitled to the same rights as The Nassau Corporation.
(7) "Declaration" means this Declaration of Covenants, Conditions,
Restrictions and Easements of Dolphin Ridge and Royall Oaks and any amendments hereto.
(8) "Dwelling" means a structure located on a Lot built in accordance with
the requirements of this Declaration.
(9) "Eligible Mortgage Holder" means the holder of a first mortgage or first
deed of trust on a Lot who has requested in writing that the Corporation notify them of
any proposed amendment to the Declaration, the Articles, or the Bylaws.
(10) "Lot" means a separately numbered tract of land described above or
hereinafter brought within the jurisdiction of the Corporation. At the present time,
the Lots are numbered Lots 1 through 86 and 92 through 121 as shown on the plat entitled
"Dolphin Ridge" recorded in Map Book 28, Page 228 and Lots 1 through 45 as shown on the
plat entitled "Royall Oaks" recorded in Map Book 28, Page 229. As used herein, Lot
shall not include Lots 87, 90 and 91 as shown on the Dolphin Ridge plat or Lot 46 as
shown on the Royall Oaks plat unless they are subsequently annexed into the Subdivision
and Corporation as hereinafter provided.
(11) "Owner" means the record Owner, whether one or more Persons, of a fee or
undivided fee interest in a Lot, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
(12) "Person" or "Persons" means any individual, group of individuals,
corporation, partnership or any other entity, including any combination thereof.
(13) "Recreational Areas" or "Recreation Areas" means those portions of the
Community Use Areas which are to provide areas for owners and their guests to engage in
recreational activities and which are not necessary for ingress, egress or regress or
utilities for any Lot or Owner.
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BOOK10dL- PAGE-C23
(14) "Subdivision" means all of the property defined herein as Lots and
Community Use Areas and such additions or annexations of Lots and Community Use Areas
which may hereafter be brought within the jurisdiction of the Corporation.
B.
Membership
(1) A Corporation named Dolphin Ridge and Royall Oaks Property Owners
Association, Inc. has been or will be formed under the direction of Declarant pursuant
to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the
General Statutes of North Carolina as an association of the Owners of Lots. Its
purposes are to own, manage, maintain, and operate the Community Use Areas and
facilities located upon the Community Use Areas, specifically including, but not limited
to, the subdivision entrance signs, entrance walls, entrance gazebo, pond, street
lights, retaining walls, cardgates, roads and other improvements and amenities in the
Subdivision owned by the Corporation; to enforce the Restrictions contained herein; and
to make and enforce rules and regulations governing the owners' use and occupancy of
Lots and Community Use Areas.
(2) The Declarant, by this Declaration, and the owners of individual Lots by
their acceptance of individual deeds thereto, covenant and agree with respect to the
Corporation: (A) That for so long as each is an Owner, each will perform all acts
necessary to remain in good and current standing as a member of the Corporation; and (B)
That each shall be subject to the rules and regulations of the Corporation with regard
to ownership of a Lot.
(3) Each membership in the Corporation shall relate to and have a unity of
interest with an individual Lot which may not be separated from ownership of said Lot.
The books and all supporting documentation of the Corporation, the Declaration, the
Articles, the Bylaws, and all amendments thereto shall be available for examination by
all Owners and their lenders or their lenders' agents during normal business hours at
the principal office of the Corporation.
(4) The Corporation shall have one class of members. All Owners shall be
members and they shall be entitled to one vote for each Lot owned; provided, however,
when more than one Person holds an interest in any Lot, all such Persons shall hold the
membership with regard to such Lot in undivided interests. The vote of such multiple
Owners of a Lot shall be exercised as they, among themselves, shall determine, but in
no event shall any fractional vote be counted or more than one vote be cast with respect
to any Lot.
C.
Management and Administration
The management and administration of the affairs of the Community Use Areas
shall be the sole right and responsibility of the Corporation. The Corporation shall
be fully responsible for the maintenance, management and operation of the subdivision
entrance signs, entrance walls, entrance gazebo, pond, street lights, retaining walls,
cardgates, roads and other improvements and amenities in the Subdivision owned by the
Corporation. The management shall be carried out in accordance with the terms and
conditions of these Restrictions, the Articles and the Bylaws, but may be delegated or
contracted to managers or management servicers.
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D.
Community Expenses
The Community Expenses of the Subdivision include:
(1) All amounts expended by the Corporation in operating, administering,
managing, repairing, replacing and improving the Community Use Areas specifically
including, but not limited to, the subdivision entrance signs, entrance walls, entrance
gazebo, pond, street lights, retaining walls, cardgates, roads and other improvements
and amenities in the Subdivision owned by the Corporation; all amounts expended by the
Corporation in insuring the Community Use Areas; all amounts expended by the Corporation
in legal, engineering, or architectural fees; all similar fees which may be incurred by
the Corporation from time to time in performing the functions delegated to the
Corporation by these Restrictions; and all amounts expended in any form by the
Corporation in enforcing these Restrictions, the Articles or the Bylaws.
(2) All amounts expended by the Corporation in carrying out any duty or
discretion as may be required or allowed by these Restrictions, the Articles or the
Bylaws.
(3) All amounts declared to be Community Expenses in the Bylaws or in these
Restrictions.
(4) All taxes and special assessments which may be levied from time to time
by any governmental authority upon the Community Use Areas.
Notwithstanding any provision contained herein, no capital reserve fund shall
be established for the periodic maintenance, repair and replacement of capital
improvements in the Community Use Areas until after January 1, 1992, and then by action
of the Board of Directors through assessments.
E.
Monthly General Assessments
A. Monthly General Assessments:
(1) The Declarant for each Lot owned hereby agrees, subject to the limitations
provided herein, and each owner of any Lot by acceptance of a deed for same (whether or
not it shall be so expressed in such deed) is deemed to agree to pay to the Corporation
monthly general assessments as hereinafter provided. The monthly general assessments,
together with interest, costs and reasonable attorneys' fees, subject to the provisions
of Section H of this Article, shall be a continuing lien upon the Lot against which each
such assessment is made. Furthermore, each such monthly general assessment, together
with interest, costs, and reasonable attorneys' fees, shall also be the personal
obligation of the Person who was the Owner of the Lot at the time when the assessment
fell due. The personal obligation for delinquent monthly general assessments shall not
pass to a successor in title to a Lot unless expressly assumed by them but, subject to
the provisions of this Declaration, delinquent monthly general assessments shall
continue to be a lien upon such Lot. Provided however, no monthly general assessment
shall be due until January 1, 1992.
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(2) Until January 1, 1992, Declarant shall be responsible for paying all costs
associated with the daily operation and maintenance of the Community Use Areas;
provided, however, Declarant shall not be required to establish or place any funds in
a capital reserve account to fund the periodic maintenance, repair or replacement of any
capital improvements in the Community Use Areas. Subject to the limitations set forth
herein, the Board of Directors shall establish and set the monthly general assessment
per lot for each fiscal year beginning with the 1992 fiscal year; provided, however, the
monthly general assessment for the 1992 fiscal year shall not exceed Sixty Dollars
($60.00) per Lot.
(A) From and after January 1, 1993, the monthly general assessment may
be increased each fiscal year not more than ten percent (10%) above the monthly general
assessment for the previous fiscal year without any vote of the membership.
(B) From and after January 1, 1993, the monthly general assessment may
be increased by an amount greater than ten percent (10%) of the monthly general
assessment for the previous fiscal year provided the proposed increase is approved by
a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a
duly called regular or special meeting provided notice was duly given that the issue
would be considered at such meeting.
(C) Once the monthly general assessment has been set, notice of the
monthly general assessment shall be given to all owners by hand delivery or by placing
written notice in the United States Postal Service with postage prepaid to the last
address shown on the Corporation's records. After the initial notice of the assessment,
no bills for such assessment will be forwarded to any owner or member but such
assessment thereafter shall become due and payable as provided by the Board of
Directors.
B. Annual Budget:
(1) As provided in the Bylaws and subject to the restrictions and
limitations provided herein, the Board of Directors shall establish an Annual Budget
in advance for each fiscal year beginning with the 1992 fiscal year. Such budget shall
project all expenses for the forthcoming fiscal year which may be required for the
proper operation, management and maintenance of the Corporation and the Community Use
Areas, including a reasonable allowance for contingencies and reserves. The budget
shall take into account any projected or anticipated income. The Board of Directors
shall keep separate, in accordance with Paragraph 3 of this Section, items relating to
the daily operation, management and maintenance of the Corporation and Community Use
Areas from items relating to capital improvements. Upon adoption of such Annual Budget
by the Board of Directors, copies of said budget shall be delivered to each owner and
the monthly general assessment for said year shall be established, subject to the
restrictions and limitations provided herein, based upon such budget; however, the non-
delivery of a copy of said budget to each owner shall not affect the liability of any
owner for such assessment.
Notwithstanding any other provisions contained herein, Lots 1, 2, 5, 18,
20, 21, 22, 23 and 39 in Royall Oaks and Lots 9, 11, 12, 15, 93, 98 and 113 in Dolphin
Ridge shall not be subject to the monthly general assessments due on Lots. Provided,
however, this exemption shall cease and terminate as to a particular Lot upon the Lot
being conveyed by the Declarant by deed, lease or rental agreement (excluding mortgage
or deed of trust or conveyance to another party who qualifies as a Declarant as
described herein) unless the Declarant specifically provides in the deed, lease or
rental agreement that the exemption should continue for such Lot. Upon termination of
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the exemption on a particular Lot due to the transfer of the Lot by deed, lease or
rental agreement, the Lot shall become subject to the monthly general assessment then
being levied on other Lots beginning on the first day of the month following the
transfer by deed, lease or rental agreement.
The Annual Budget shall be divided by the number of Lots subject to the
monthly general assessments at the time of the annual meeting of the members and the
quotient shall be the annual general assessment per Lot for the succeeding fiscal year.
The annual general assessment shall then be divided by 12 to determine the monthly
general assessment per Lot, subject to the limitations and restrictions set forth
herein. In determining the number of Lots subject to the monthly general assessments,
Lots 1, 2, 5, 18, 20, 21, 22, 23 and 39 in Royall Oaks and Lots 9, 11, 12, 15, 93, 98
and 113 in Dolphin Ridge shall not be counted until they are subjected to the
assessments as provided herein.
(2) The Board of Directors, in establishing the Annual Budget, shall
designate therein a sum to be collected and maintained as a reserve fund for the
periodic maintenance, repair and replacement of capital improvements to the Community
Use Areas, which Capital Improvement and Replacement Fund (Capital Improvement Fund)
shall be for the purpose of enabling the Corporation to maintain, repair or replace
structural elements and mechanical equipment constituting a part of the Community Use
Areas as well as the replacement of personal property which may constitute a portion of
the Community Use Areas. The amount to be allocated to the Capital Improvement Fund may
be established by the Board of Directors so as to collect and maintain a sum reasonably
necessary to anticipate the need for repair, maintenance and replacement of capital
improvements to the Community Use Areas. The Capital Improvement Fund shall be
maintained in a separate account by the Corporation and such monies shall be used only
for periodic maintenance, repair and replacement of capital improvements to the
Community Use Areas. The Capital Improvement Fund shall be maintained out of the
monthly general assessments assessed against the members. Any interest earned on monies
in the Capital Improvement Fund shall not be expended for daily operation, management
and maintenance of the Corporation and Community Use Areas.
(3) All monies collected by the Corporation shall be treated as the
separate property of the Corporation and such monies may be applied by the Corporation
to the payment of any expense of operating and managing the Corporation, or the proper
undertaking of all acts and duties imposed upon it by virtue of this Declaration, the
Articles and the Bylaws, except that monies placed in the Capital Improvement Fund
shall be used only for the specified purposes of said account. As monies for
assessments are paid into the Corporation by any Owner, the same may be commingled with
monies paid to the Corporation by the other Owners for the same purposes. Although all
funds, including other assets of the Corporation, and any increments thereto or profits
derived therefrom or from the leasing or use of Community Use Areas, shall be held for
the benefit of the members of the Corporation, no member of the Corporation shall have
the right to assign, hypothecate, pledge or in any manner transfer his membership
interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall
cease to be a member of the Corporation by reason of his divestment of ownership of such
Lot, by whatever means, the Corporation shall not be required to account to such Owner
for any share of the funds or assets of the Corporation, including any monies which such
Owner may have paid to the Corporation, as all monies which any owner has paid to the
Corporation shall be and constitute an asset of the Corporation which may be used in the
operation and management of the Corporation.
C. Written notice of any regular or special meeting which will consider
taking any action authorized under Paragraph 2B of Section A of this Article shall be
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BOOK PAGE)-,
sent to all members not less than thirty (30) days, nor more than fifty (50) days, in
advance of the meeting. At the first such meeting called, the presence of members
and/or proxies entitled to cast sixty percent (60%) of all of the votes of the members
entitled to vote on the matter shall be required for and shall constitute a quorum. If
the required quorum is not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
D. Monthly general assessments shall, except as otherwise provided herein,
be fixed at a uniform rate for Lots. The exemption from the monthly general assessments
for Lots 1, 2, 5, 18, 20, 21, 22, 23 and 39 in Royall Oaks and Lots 9, 11, 12, 15, 93,
98 and 113 in Dolphin Ridge shall terminate as to a particular Lot upon the Lot being
conveyed by the Declarant by deed, lease or rental agreement (excluding mortgage or deed
in trust or conveyance to another party who qualifies as a Declarant) unless the
Declarant specifically provides in the deed, lease or rental agreement that the
exceptions should continue for such Lot.
E. The monthly general assessments provided for herein shall commence as to
all Lots, except Lots 1, 2, 5, 18, 20, 21, 22, 23 and 39 in Royall Oaks and Lots 9, 11,
12, 15, 93, 98 and 113 in Dolphin Ridge, on January 1, 1992. The monthly general
assessments shall be payable monthly, with the due date for such payments being as
established by the Board of Directors. The payment of any assessment or installment
thereof shall be in default if such assessment or installment is not paid to the
Corporation within thirty (30) days of the due date for such payment. When in default,
the delinquent assessment shall bear interest at the rate of ten percent (10%) per annum
or the maximum rate permissible by law if such rate is less than ten percent (10%) per
annum until such delinquent assessment and all interest due thereon has been paid in
full.
F. The monthly general assessments levied by the Corporation shall be used
exclusively to pay Community Expenses as provided in Article D and to promote the
recreation, health, safety and welfare of the Owners and the improvement and maintenance
of the Community Use Areas. Taxes, hazard insurance, and maintenance on Dwellings and
Lots shall not be a purpose of said assessments but rather shall be an individual cost
to be borne by each Owner.
G. The Corporation shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Corporation setting forth whether the monthly
general assessments on a specified Lot have been paid. A properly executed certificate
of the Corporation as to the status of monthly general assessments on a Lot is binding
upon the Corporation as of the date of its issuance.
H. The lien of the monthly general assessments provided for herein shall be
subordinate to the lien of any first mortgage or first deed of trust. Sale or transfer
of any Lot shall not affect the monthly general assessment lien. However, the sale or
transfer of any Lot pursuant to foreclosure of a first mortgage, first deed of trust
or any proceeding in lieu thereof, shall extinguish the lien (but not the personal
obligation of the Person who was the Owner of the Lot at the time when the assessment
fell due) of such monthly general assessments as to payments which became due prior to
such sale or transfer. No sale or transfer shall relieve such Lot from liability for
any monthly general assessments thereafter becoming due or from the lien thereof.
BOOK- s?1?_ PAGFa3?
F.
Special Assessments
A. Special assessments may be levied against Lots for such reasons as are
provided in these Restrictions, the Articles or the Bylaws, and on such terms as
provided by the Board of Directors and the members. Upon a two-thirds (2/3) vote of the
Directors on the Board of Directors and a two-thirds (2/3) vote of the members entitled
to vote on the issue who are voting in person or by proxy at a duly called regular or
special meeting, the Corporation may levy and impose special assessments on all Lots
subject to special assessments. The purposes for which special assessments may be
levied on all Lots include, but are not limited to, providing funds to pay Community
Expenses which exceed the general assessment fund then on hand to pay same (specifically
including the cost of any construction, reconstruction or repair or replacement of a
capital improvement upon the Community Use Areas, including fixtures and personal
property related thereto) and providing a contingency fund for capital improvements and
extraordinary expenses. Furthermore, special assessments may be assessed against a
specific Lot to pay for the cost of curing a violation of the Restrictions, including
the failure of an owner to maintain his Lot and prevent the unattractive growth of weeds
or underbrush or the accumulation of rubbish on his Lot; provided, however, unless the
violation is or creates a health hazard or other danger or risk, prior to the
Corporation performing such task or remedy, the Corporation shall comply with the notice
and hearing provisions specified in Article H and such special assessments may not be
levied without a minimum of a two-thirds (2/3) vote of the Directors on the Board of
Directors (levying special assessments on a specific Lot shall not require membership
approval). Declarant specifically grants Corporation an easement over, upon and through
any and all Lots for such purpose. Special assessments, together with interest, costs
and reasonable attorneys' fees, subject to the provisions of Section E of this Article,
shall be a continuing lien upon the Lot against which each such special assessment is
made. Furthermore, each such special assessment, together with interest, court costs,
and reasonable attorneys' fees, shall be the personal obligation of the Person who was
the Owner of the Lot at the time when the assessment fell due. The personal obligation
for delinquent special assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions of this Declaration,
delinquent special assessments shall continue to be a lien upon such Lot.
Notwithstanding any provisions contained herein, Lots 1, 2, 5, 18, 20, 21, 22,
23 and 39 in Royall Oaks and Lots 9, 11, 12, 15, 93, 98 and 113 in Dolphin Ridge shall
not be subject to special assessments; provided, however, this exemption shall terminate
as to a particular Lot upon the Lot being conveyed by the Declarant by deed, lease or
rental agreement (excluding mortgage, deed of trust or conveyance to another party who
qualifies as a Declarant as described herein) unless the Declarant specifically provides
in the deed, lease or rental agreement that the exemption should continue for such Lot.
Upon termination of the exemption on a particular Lot due to the transfer of the Lot by
deed, lease or rental agreement, the Lot shall become subject to the special assessments
then being levied on other Lots beginning on the first day of the month following the
transfer by deed, lease or rental agreement.
B. Written notice of any regular or special meeting of the members which will
consider levying and imposing special assessments on all Lots shall be sent to all
members entitled to vote on the issue not less than thirty (30) days, nor more than
fifty (50) days, in advance of the meeting. At the first such meeting called, the
presence of members and/or proxies entitled to cast sixty percent (60%) of all the votes
of the members entitled to vote on the issue shall be required for and shall constitute
a quorum. If the required quorum is not present, another meeting may be called subject
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to the same notice requirement, and the required quorum at the subsequent meeting shall
be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
C. Special assessments shall, except as otherwise provided herein, be fixed
at a uniform rate for all Lots. Leaving Lots in their natural state shall not be a
violation of this Declaration. The exemption from the special assessments for Lots 1,
2, 5, 18, 20, 21, 22, 23 and 39 in Royall Oaks and Lots 9, 11, 12, 15, 93, 98 and 113
in Dolphin Ridge shall terminate as to a particular Lot upon the Lot being conveyed by
the Declarant by deed, lease or rental agreement (excluding mortgage or deed of trust
or conveyance to another party who qualifies as a Declarant) unless the Declarant
specifically provides in the deed, lease or rental agreement that the exemption should
continue for such Lot.
D. The Corporation shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Corporation setting forth whether the special
assessments on a specified Lot have been paid. A properly executed certificate of the
Corporation as to the status of special assessments on a Lot is binding upon the
Corporation as of the date of its issuance.
E. The lien of the special assessments provided for herein shall be
subordinate to the lien of any first mortgage or first deed of trust. Sale or transfer
of any Lot shall not affect the special assessment lien. However, the sale or transfer
of any Lot pursuant to foreclosure of a first mortgage, first deed of trust, or any
proceeding in lieu thereof, shall extinguish the lien (but not the personal obligation
of the Person who was the Owner of the Lot at the time the assessment fell due) of such
special assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any special assessments
thereafter becoming due or from the lien thereof.
F. When in default, the delinquent special assessments shall bear interest
at the rate of ten percent (10%) per annum or the maximum rate permissible by law if
such rate is less than ten percent (10%) per annum until such delinquent special
assessment and all interest due thereon has been paid in full.
G.
Lien for Assessments
Any monthly general or special assessment, together with interest at the rate
specified herein, costs of collection, court costs, and reasonable attorneys' fees,
shall constitute a lien against the Lot upon which such assessment is levied. If such
assessment is not paid within thirty (30) days after the date such assessment is due,
the Corporation may record notice of the same in the Office of the Clerk of Superior
Court of Carteret County or file a suit to collect such delinquent assessments and
charges. The Corporation may file Notice of Lis Pendens, bring an action at law against
the Owner personally obligated to pay the same and/or bring an action to foreclose the
lien against the Lot. No Owner may waive or otherwise escape liability for the
assessments provided for herein.
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H.
Compliance With This Declaration,
The Articles and The Bylaws of the Corporation
In the case of failure of an Owner to comply with the terms and provisions
contained in these Restrictions, the Articles or the Bylaws, the following relief shall
be available:
(1) The Corporation or an aggrieved owner on his behalf shall have the right
to bring an action and recover sums due, damages, injunctive relief, and/or such other
and further relief as may be just and appropriate.
(2) If the violation is the failure to maintain the Lot and prevent the
unattractive growth of weeds or underbrush or the accumulation of rubbish on a Lot, the
Corporation, upon compliance with the notice and hearing provisions specified herein,
shall have the right to remedy the violation and assess the costs of remedying same
against the offending Owner and Lot as a special assessment. Provided, however, the
Corporation shall not alter or demolish any items of construction without prior court
approval; provided, however, signs, mailboxes and other items of similar size, which are
in violation of these Restrictions may be taken down without prior court approval.
(3) If the violation is the nonpayment of any monthly general or special
assessment, upon compliance with the notice and hearing provisions specified herein and
in accordance with the Bylaws, the Corporation shall have the right to suspend the
offending owner's voting rights.
(4) The remedies provided by this Article are cumulative and are in addition
to any other remedies provided by law.
(5) The failure of the Corporation or any Person to enforce any restriction
contained in these Restrictions, the Articles or the Bylaws shall not be deemed a waiver
of the right to enforce such restrictions thereafter as to the same violation or
subsequent violation of similar character.
(6) (a) Notice. In the event the Declaration, a rule or restriction
contained in the Declaration or Bylaws, or a rule or regulation adopted pursuant thereto
is violated (including nonpayment of assessments), the Board of Directors shall serve
the violator and Owner with written notice personally delivered or sent by certified
mail return receipt requested to the violator and the owner (at the Lot address or at
any other address or addresses that the owner may have designated to the Corporation in
writing), which shall contain: (i) the nature of the alleged violation; (ii) the
proposed sanction to be imposed; (iii) a statement that the violator and Owner may
challenge the fact of the occurrence of a violation, the proposed sanction, or both;
(iv) the name and address of a person to notify in writing to challenge the proposed
action; and (v) a statement that the proposed sanction shall be imposed as contained in
the notice unless a written challenge is received by the Board of Directors as specified
in the notice within the time period specified therein, which period shall be ten (10)
days from the date of the notice unless the violation presents an ongoing health hazard,
nuisance or other danger or risk, in which case the time period shall be as reasonable
as possible under the circumstances. If a challenge is not made, the sanction shall not
be imposed until expiration of the challenge period.
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L'OQK-&,-?-6 PAGE r?
(b) Hearing. If the alleged violator or owner challenges the proposed
action within the time period allowed, a hearing before the Board of Directors shall be
held in executive session affording the alleged violator and Owner a reasonable
opportunity to be heard. The hearing shall be set and notice of the time, date (which
shall not be less than ten (10) days from the giving of notice unless the violation
presents an ongoing health hazard, nuisance or other danger or risk, in which case the
notice shall be as reasonable as possible under the circumstances), and place of the
hearing and an invitation to attend the hearing and produce any statements, evidence,
and witnesses shall be sent to the alleged violator and Owner. Prior to the
effectiveness of any sanction hereunder, proof of notice shall be placed in the minutes
of the meeting. Such proof shall be deemed adequate if a copy of the notice, together
with the return receipt from the Postal Service or an affidavit of personal delivery,
is submitted to the Board of Directors at the beginning of the hearing. The notice
requirement shall be deemed satisfied if the violator or Owner appears at the meeting.
The minutes of the meeting shall contain a written statement of the results of the
hearing and the sanction, if any, imposed. Any sanction which will impose a special
assessment against a Lot and an Owner shall require a two-thirds (2/3) vote of the
Directors on the Board of Directors.
(c) Additional Enforcement Rights. Notwithstanding any other provisions
in the Declaration or the Bylaws to the contrary, the Corporation, acting through its
Board of Directors, may elect to enforce any provision of the Declaration, the Bylaws,
or the rules and regulations by self-help (specifically including, but not limited to,
the towing of vehicles that are in violation of parking rules and regulations and the
removing of signs, mailboxes and other items of similar size which are in violation of
these Restrictions) or by suit at law or in equity to enjoin any violation or to recover
monetary damages or both without the necessity for compliance with the procedure set
forth above. In any lawsuit, to the maximum extent permissible, the Owner or occupant
responsible for the violation for which abatement is sought shall pay all costs,
including reasonable attorneys' fees actually incurred, if the court holds for the
Corporation.
(7) Notwithstanding any provisions contained herein, violations of these
Restrictions which create a health hazard or dangerous situation in the subdivision may
be remedied by the Corporation without prior notice and hearing.
I.
Property Rights of Lot Owners,
Cross-Easements, and Exceptions
and Reservations by Declarant
(1) Every Owner of a Lot as an appurtenance to such Lot shall have a non-
exclusive perpetual easement over and upon the Community Use Areas for each and every
purpose or use to which such Community Use Areas were intended as determined by their
type or for which such Community Use Areas generally are used. Such easements and
rights shall be appurtenant to and shall pass with the title to every Lot, whether or
not specifically included in a deed thereto, subject to the restrictions and limitations
contained herein, including but not limited to, the following provisions:
(A) The Corporation shall have the right to make reasonable rules and
regulations respecting the use of same.
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BOOK PAG
(B) The Corporation shall have the right, upon compliance with the
notice and hearing provisions specified herein, to suspend the voting rights of an Owner
during which any due assessment against such Owner's Lot remains unpaid as is provided
in Article H hereof, and for a period not to exceed sixty (60) days for any infraction
of its rules and regulations.
(C) The Corporation shall have the right to restrict and assign parking
in the Community Use Areas and to make reasonable rules respecting parking in the
Community Use Areas.
(D) The Corporation shall have the right to sell, dedicate or transfer
fee simple title to all or any part of the Community Use Areas to any party, public
agency, authority, or utility for such purposes and subject to such conditions as may
be agreed to by the members; provided, however, no such sale, dedication or transfer
shall be effective unless an instrument agreeing to such sale, dedication or transfer
signed by two-thirds of the members has been recorded in the Carteret County Register
of Deeds Office.
(2) The Corporation hereinafter may grant easements for utility purposes for
the benefit of the Subdivision and the Lots now or hereafter located therein, over,
under, along and through any Community Use Area.
(3) Any Owner may delegate, in accordance with the Bylaws, his right of
enjoyment to the Community Use Areas and facilities to the members of his family, his
tenants, or contract purchasers who reside on the Lot.
(4) Easements for the installation and maintenance of utilities and drainage
facilities as shown on the recorded plats are hereby reserved and retained by Declarant,
together with the right to grant similar easement rights to other Persons. Declarant
also reserves a non-exclusive perpetual easement 5 feet in width along all Lot lines for
drainage and utility purposes. No structure, fence, planting, or other material which
may interfere with the installation and maintenance of utilities, which may change the
direction of flow of drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements may be placed in the
easement areas without prior approval by the Committee. Structures, fences, plantings
and other materials which have been approved by the Committee may be placed in the
easement areas. The Committee may deny placement of structures, fences, plantings or
other materials in the easement areas if they would adversely affect the drainage or
utilities of the Subdivision.
(5) Declarant reserves the right to subject the Lots to a contract with
Carteret-Craven Electric Membership Corporation or any other public utility or
municipality for electricity and lighting to the Lots, including the installation of
underground electric cables, which contract may require an initial payment and/or
continuing monthly payments to Carteret-Craven Electric Membership Corporation or any
other public utility or municipality by the Owner of each Lot. Such expense, including
both initial and continuing monthly payments, shall be an individual cost to be borne
by each individual Lot Owner and is not covered by the monthly general assessments.
(6) Declarant reserves the right to subject the Lots to a contract with
Carteret-Craven Electric Membership Corporation or any other public utility or
municipality for street lights for the Community Use Areas which contract may require
an initial payment and/or continuing monthly payments to Carteret-Craven Electric
Membership Corporation or any other public utility or municipality. Such expense is
included in the monthly general assessments.
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BOOK ?? PAG
(7) Each Owner, as an appurtenance to his Lot, shall have and is hereby
conveyed a perpetual, non-exclusive right of way and easement for the purposes of
ingress, egress and regress to and from said Lot over, through and across the streets
and roads shown on the Subdivision plats.
(8) Declarant hereby retains and reserves for itself, together with the right
to grant similar easements to other Persons, perpetual non-exclusive general access and
utility easements over, upon and under the streets, roads, utility lines, and drainage
and utility easements presently existing in the Subdivision and/or shown on the
Subdivision plats. Such easements are non-exclusive and are for the purpose of
providing utilities and access to property in the Subdivision area, including but not
limited to Lot 46 in Royall Oaks and Lots 87, 90 and 91 in Dolphin Ridge. Said
easements shall run to the benefit of all parties and property to whom Declarant grants
similar easements and may be used by the tenant, owner, guests, invitees, licensees and
employees of the tenant and owner of any such property. Reference to access easements
throughout this Declaration shall be interpreted to include perpetual non-exclusive
general access and utility easements for ingress, egress, regress, access and the
maintenance and installation of utilities.
(9) An easement is hereby granted to the Corporation, its employees and
designees to make any reasonable entry onto a Lot upon not less than 24 hours notice to
the owner thereof for the purpose of performing any maintenance, repair, alteration or
inspection. An easement is granted to the Corporation, its employees and designees,
to make any reasonable entry onto any Lot without notice to the Owner thereof in the
event of any emergency.
(10) Each Lot Owner is responsible for payment of the ad valorem taxes levied
upon his Lot and any personal property located thereon.
(11) Lots which abut Bogue Sound shall run to the mean highwater mark of Bogue
Sound. Lots which abut the Atlantic Ocean shall run to the mean highwater mark of the
Atlantic Ocean.
(12) Declarant retains and reserves a perpetual easement over and under the
streets depicted as Lord Berkeley Drive, Clarendon Drive, Ashley Place, Heath Place,
Granville Drive, Dolphin Ridge Road, Sandy Court, Spinnaker Place, Green Glen Court,
Green Glen Road, Poseidon Road, Poseidon Court, Calypso Court and Outrigger Court on
the plats recorded in Map Book 28, Page 228 and Map Book 28, Page 229 for the purpose
of installing, maintaining, and repairing power lines, light poles, light fixtures and
other apparatus necessary for a street light system for Dolphin Ridge and Royall Oaks.
(13) Declarant retains and reserves for itself, together with the right to
grant a similar easement to any other Person, a perpetual easement over and under the
streets depicted as Lord Berkeley Drive, Clarendon Drive, Ashley Place, Heath Place,
Granville Drive, Dolphin Ridge Road, Sandy Court, Spinnaker Place, Green Glen Court,
Green Glen Road, Poseidon Road, Poseidon Court, Calypso Court and Outrigger Court on
the plats recorded in Map Book 28, Page 228, and Map Book 28, Page 229 for the purpose
of installing, maintaining, and repairing sewer lines to service property in the
Subdivision area.
(14) Declarant retains and reserves for itself, together with the right to
grant a similar easement to any other Person, a perpetual easement fifteen (15) feet in
width measured from the street right of way and lying outside of but adjacent to the
street right of way over, under and upon that fifteen (15) feet portion of all of the
13
Lots in the Subdivision adjacent to streets in the Subdivision for the purpose of
installing, maintaining, and repairing underground sewer lines to service property in
the Subdivision area.
(15) Declarant retains and reserves for itself, together with the right to
grant to any other Person, a perpetual easement twenty (20) feet in width over, under
and upon Lots 8 and 9 in Dolphin Ridge for the purpose of installing, maintaining, and
repairing underground sewer lines to service property in the Subdivision area, the
centerline of said easement being more particularly described as follows: Beginning at
a point in the northern right of way line of the cul-de-sac at the end of Poseidon Road,
said point being the southwestern corner of Lot 9 and the southeastern corner of Lot 8
as shown on the Dolphin Ridge plat. Thence North 20" 45' 17" East to the southern right
of way line of Coast Guard Road. Ten (10) feet of said easement being located on Lot 8
and ten (10) feet of said easement being located on Lot 9 in Dolphin Ridge.
(16) Declarant retains and reserves an exclusive perpetual easement sixteen
(16) feet in width over and upon the "16' Private Walkway Easement" over and upon Lots
82 and 83 in Dolphin Ridge as shown on the Dolphin Ridge plat for the purpose of
providing access to and from the beach and the Atlantic Ocean from and to Lot 87 in
Dolphin Ridge and the easement shall run to the benefit of and be an appurtenance to
Lot 87 in Dolphin Ridge. The easement may be used by the owner and tenant of Lot 87 in
Dolphin Ridge and all of their employees, guests, invitees, and licensees. This
easement shall be appurtenant to and shall run with Lot No. 87 in Dolphin Ridge and be
a burden on Lots 82 and 83 in Dolphin Ridge.
(17) Declarant retains and reserves and also grants to Corporation a non-
exclusive perpetual easement over and upon Lots 1, 23, 24, 108, 114, 115, 118 and 119
in Dolphin Ridge to maintain, repair and replace the retaining walls presently
constructed thereon, said easements being twenty (20) feet in width adjacent to and
along the front property lines of the aforesaid Lots except for Lots 118 and 119 where
the easement shall be thirty (30) feet in width adjacent to and along the front property
lines of Lots 118 and 119.
(18) Declarant retains and reserves a perpetual non-exclusive easement for
ingress, egress and regress for pedestrian and motor vehicle traffic to and from Coast
Guard Road from and to Lots 87, 90 and 91 in Dolphin Ridge over and upon Dolphin Ridge
Road together with the right to get through the cardgate erected on Dolphin Ridge Road
with the same ease Lot Owners enjoy. This easement shall be appurtenant to Lots 87, 90
and 91 in Dolphin Ridge and shall run to the benefit of said Lots and to the owner and
tenant of such Lots and all of their employees, guests, licensees and invitees.
(19) Declarant retains and reserves a perpetual non-exclusive easement for
ingress, egress and regress for pedestrian and motor vehicle traffic to and from Coast
Guard Road from and to Lot 46 in Royall Oaks over and upon Lord Berkeley Drive together
with the right to get through the cardgate erected on Lord Berkeley Drive with the same
ease Lot Owners enjoy. This easement shall be appurtenant to Lot 46 in Royall Oaks and
shall run to the benefit of said Lots and to the Owner and tenant of such Lots and all
of their employees, guests, licensees and invitees.
(20) All wetlands areas which exist on the Lots are subject to a perpetual non-
exclusive easement which runs to the benefit of all other Lots and areas in the
Subdivisions for the drainage of surface water from the Lots through the wetlands areas
located on the Lots; provided, however, such easement shall not allow the drainage of
surface water which would result in additional areas of the Lot becoming "wet" or which
substantially interferes with the enjoyment of the Lot by the Owner or occupant.
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PAGE14
Substantial interference includes, but is not limited to, causing erosion on the Lot
which threatens support pilings of structures or the base or surface of driveways or
roads in the Subdivision.
(21) All oceanfront Lots are subject to the rights of the public in general
in and to the "sandy beach" areas adjacent to the Atlantic Ocean granted by the laws of
North Carolina and the United States of America.
(22) Declarant retains and reserves and grants to Corporation a perpetual right
of way easement five feet (5') in width for the expansion, widening, construction,
maintenance, and repair of the roads within the Subdivision, said easement being
measured from the right of way line of the streets shown and depicted on the aforesaid
plats of Dolphin Ridge and Royall Oaks.
(23) Lots 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and
34 of Royall Oaks are subject to the easement granted or to be granted by the Declarant
to the Town of Emerald Isle to drain storm water from Coast Guard Road through the
wetlands areas of said Lots.
(24) Declarant retains and reserves and grants to Corporation a ten feet (10')
in width nonexclusive perpetual easement over, upon and under that portion of Lot 38 in
Dolphin Ridge as hereinafter described, for the purpose of installing, maintaining,
repairing and replacing drainage facilities to serve the Subdivision and property in the
Subdivision area. The centerline of the easement is more particularly described as
follows: Beginning at a point in the eastern right of way line of Dolphin Ridge Road
which is located 38.5 feet along Dolphin Ridge Road in a southerly direction from the
northwestern corner of Lot 38 in Dolphin Ridge. Thence running North 810 21' 11" East
40 feet. Said easement extending five (5) feet on each side of the centerline.
(25) Declarant retains and reserves and grants to Corporation an exclusive
perpetual easement for the location, construction, repair and replacement of signs,
including the "Dolphin Ridge" subdivision entrance sign, and the maintenance and
replacement of a landscaped area over, under and upon that portion of Lot 1 consisting
of an area at the northwestern corner of Lot 1, which is more particularly described as
follows: Beginning at a point in the eastern right of way line of Dolphin Ridge Road,
said point being the point where the eastern right of way line of Dolphin Ridge Road
intersects the southern right of way line of Coast Guard Road (said point being located
128.65 feet along Coast Guard Road in a northwesterly direction from the common corner
of Lots 1 and 2 in Dolphin Ridge). Thence along and with Dolphin Ridge Road in a
southwesterly direction along a curve to the left having a radius of 50 feet, a delta
angle of 1030 38' 04", an arc length of 90.44 feet; thence South 640 31' 18" East 50
feet; thence North 390 06' 46" East 50 feet to the point of beginning.
(26) Declarant retains and reserves and grants to Corporation an exclusive
perpetual easement for the location, construction, repair and replacement of signs,
including the "Dolphin Ridge" subdivision entrance sign, and the maintenance and
replacement of a landscaped area over, under and upon that portion of Lot 121 consisting
of an area at the northeastern corner of Lot 121, which is more particularly described
as follows: Beginning at a point in the western right of way line of Dolphin Ridge
Road, said point being the point where the western right of way line of Dolphin Ridge
Road intersects the southern right of way line of Coast Guard Road (said point being
located 26.31 feet along Coast Guard Road in a southeasterly direction from the common
corner of Lots 120 and 121 in Dolphin Ridge). Thence along and with Dolphin Ridge Road
in a southeasterly direction along a curve to the right having a radius of 50 feet, a
delta angle of 810 59' 5311, an arc length of 71.56 feet; thence North 520 41' 12" West
15
Ei00K Ip? ? pAG
50.00 feet to a point; thence North 451 18' 55" East 50.00 feet to the point of
beginning.
(27) Declarant retains and reserves for itself, together with the right to
grant a similar easement to any other Person, a perpetual easement for the purpose of
installing, maintaining, and repairing underground sewer lines to service property in
the Subdivision area over, under and upon that portion of Lots 18 and 19 in Royall Oaks
more particularly described as follows: Beginning at a point in the northern right of
way line of the cul-de-sac at the end of Lord Berkeley Drive, said point being a common
corner between Lots 19 and 20 in Royall Oaks. Thence from said point of beginning so
located South 851 28' 02" East 99.58 feet to a common corner between Lots 18 and 19;
thence South 810 52' 42" East 77.17 feet to a point in the eastern property line of Lot
18; thence South 50 30' East 20.00 feet to the southeastern corner of Lot 18; thence
South 860 15' 21" West 149.43 feet to a point in the eastern right of way line of Lord
Berkeley Drive; thence along and with the eastern right of way line of Lord Berkeley
Drive in a northwesterly direction to the point of beginning.
(28) Declarant retains and reserves for and as appurtenance to Lot 18 in Royall
Oaks a perpetual nonexclusive easement for ingress, egress, regress and the maintenance
and installation of utilities to and from Lord Berkeley Drive from and to Lot 18 over,
under and upon that portion of Lot 19 more particularly described as follows: Beginning
at a point in the northern right of way line of the cul-de-sac at the end of Lord
Berkeley Drive, said point being a common corner between Lots 19 and 20 in Royall Oaks.
Thence from said point of beginning so located South 851 28' 02" East 99.58 feet to a
common corner between Lots 18 and 19; thence South 810 39' 46" West 77.17 feet to a
point in the eastern right of way line of Lord Berkeley Drive; thence along and with the
eastern right of way line of Lord Berkeley Drive in a northwesterly direction to the
point of beginning.
(29) Declarant retains and reserves and grants to Corporation a nonexclusive
perpetual easement over, under and upon those portions of Lots 22, 23 and 24 in Royall
Oaks which are covered by the pond for the purpose of maintaining the pond.
(30) Lots 35, 36, 37, 38, 43, 44, and 45 in Royall Oaks and Lots 1, 2, 5, 6,
7, 8, 9, 116, 117, 118, 119, 120 and 121 in Dolphin Ridge are subject to the 25' Buffer
strip as shown on the recorded plats. The Buffer strip shall remain vegetated to create
a buffer between Coast Guard Road and the Lots and no construction shall occur within
the 25' Buffer strip with the exception of the subdivision entrance signs. No Lot shall
be accessed directly from Coast Guard Road over the 25' Buffer strip shown on the plats.
(31) Declarant retains and reserves for itself, together with the right to
grant a similar easement to any other Person, a perpetual easement for the purpose of
installing, maintaining and repairing underground sewer lines to service property in the
Subdivision area over, under and upon the area depicted as 1120' Utility Easement" on the
Royall Oaks plat, which area is located adjacent to the southern line of Lot 5 in Royall
Oaks.
(32) Declarant reserves the right to direct and control the maintenance of the
subdivision entrances, including the plantings surrounding the entrance and the entrance
signs, until Declarant releases such control to the Corporation.
(33) Declarant retains and reserves for and as an appurtenance to Lot 87 in
Dolphin Ridge a perpetual exclusive easement for the installation, repair and
replacement of a landscaped area five (5) feet in width along the rear lot lines of
Lots 83, 84, 85 and 86 in Dolphin Ridge.
16
BGOK_Z4?&_ ,SAG
(34) Declarant grants to Bogue Banks Water and Sewer Corporation a nonexclusive
easement over, under and upon the streets shown and depicted on the Dolphin Ridge and
Royall Oaks plats for the purpose of installing, maintaining and repairing underground
water lines to provide water service to the Lots and property in the Subdivision area.
(35) Declarant grants to Carteret-Craven Electric Membership Corporation a
nonexclusive easement over, under and upon the streets shown and depicted on the Dolphin
Ridge and Royall Oaks plats and that portion of the Lots lying within ten (10) feet of
the street right of ways on said plats for the purpose of installing, maintaining and
repairing underground electric lines to provide electricity to the Lots and property in
the Subdivision area.
(36) Declarant grants to Carolina Telephone and Telegraph Company a
nonexclusive easement over, under and upon the streets shown and depicted on the Dolphin
Ridge and Royall Oaks plats for the purpose of installing, maintaining and repairing
underground telephone lines to provide telephone service to the Lots and property in the
Subdivision area.
(37) Declarant retains and reserves for itself, together with the right to
grant a similar easement to any other Person, a perpetual nonexclusive easement for
drainage and utility purposes, including water, sewer and electric purposes, over, under
and upon the areas depicted as "20' Utility Easement" on the Dolphin Ridge plat which
affect Lots 9 and 10 in Dolphin Ridge, Lot 63 and 64 in Dolphin Ridge and Lots 82 and
83 in Dolphin Ridge and the areas depicted as 1120' Utility Easement" on the Royall Oaks
plat which affect Lot 18 in Royall Oaks and the area south of Lot 5 in Royall Oaks.
J.
Architectural Control and Architectural Restrictions
(1) The Architectural Control Committee ("Committee") shall be comprised of
three (3) persons. Any natural person may serve as a member of the Committee. Until
January 1, 1999, Declarant shall have the right to appoint and remove the three (3)
members of the Committee with or without cause. After January 1, 1999, the Board of
Directors shall have the right to appoint and remove members of the Committee with or
without cause.
(2) Before any lot clearing, grading or any structure, fence, building, wall,
pier, bulkhead, dock, walkway, mailbox, paper box, sign, trash can holder, piling or any
improvement, replacement or addition to any of same shall be commenced, erected, or
maintained upon any Lot or appurtenant to any Lot in Bogue Sound adjacent to any Lot,
or upon any Community Use Area and before any alteration (excluding painting) of the
exterior portion of any structure located upon the Lots or the Community Use Areas and
before any alteration of the surface of any Lot or area appurtenant to any Lot in the
Subdivision shall be commenced (except as shall be undertaken by the Declarant or the
Corporation itself), the person desiring to make such changes or erections shall submit
and have approved by the Committee plans and specifications detailing the changes and
erections. The plans and specifications must show the structure, kind, shape, height,
material and location of the changes or erections. Applications to the Committee shall
include two (2) complete sets of the final plans and specifications for any and all
proposed improvements and other information requested by the Committee on its
application forms and shall be (1) hand delivered to the current president of the
Corporation, or (2) mailed certified or registered with return receipt requested to the
registered office of the Corporation and marked to the attention of the Committee. The
17
600K 16c_'o?b 13 ort 62 3 N
Committee shall. approve or disapprove such plans within thirty (30) days of receipt
thereof. One set of plans and specifications with the approval or disapproval of the
Committee shall be returned to the party submitting them and the other copy shall be
retained by the Committee for its permanent files. All driveway or culvert pipes must
be approved by the Committee prior to their installation and once approved, shall be
installed pursuant to the method approved by the Committee. All septic tanks shall be
constructed and installed pursuant to plans approved by the Carteret County Health
Department. No tent, awning, netting, canopy or other lightweight shelter may be
erected or placed on a Lot without the prior consent of the Committee. Cedar shake,
slate and clay tile shingles are preferred and are the only type of shingles permitted
on Lots 47 through 86 in Dolphin Ridge. Except for Lots 47 through 86 in Dolphin Ridge
where asphalt shingles are completely prohibited, asphalt shingles will be permitted on
other Lots only if they are of a quality comparable to or better than "Timberline"
quality asphalt shingles. Except for certain exceptions as described in Article L, all
driveways must be paved and must be constructed of concrete or other substances, such
as brick pavers, approved by the Committee. Asphalt driveways are prohibited. All
signs, except those erected by Declarant, must be sandblasted or routed. Standard real
estate signs are prohibited.
(3) The Committee shall make its decision approving or disapproving the plans
by taking into consideration the nature of the Subdivision, the aesthetics of the
proposed changes or alterations, the harmony of the proposed change or erection with the
architectural style of neighboring buildings, durability of construction, relative
costs, and protection of the investment of the Owners of other Lots in the Subdivision.
Submission of incomplete or inaccurate plans and specifications shall result in
disapproval. The decisions of the Committee shall be final and not subject to appeal
or review. The Committee does not have to hold formal meetings and the decision of any
two members of the Committee shall be the decision of the Committee.
(4) If the Committee fails either to approve or disapprove any plans so
submitted within thirty (30) days of their submission, the plans will be deemed
approved.
(5) Neither the Committee nor any agent of the Declarant shall be responsible
in any way for any defects in any plans or specifications submitted, revised or approved
in accordance with the foregoing provisions or any structural or other defect in any
work done according to such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or
encumbrance on any Lot on which construction is complete, and any subsequent purchaser
thereof is in no way affected by the failure of his predecessors in title to comply with
the terms hereof.
K.
Insurance
(1) The Corporation shall purchase and maintain, if available at a reasonable
cost, hazard insurance against loss or damage by fire and similar perils for all
improvements and fixtures owned by the Corporation located on Community Use Areas,
including personal property of the Corporation. The insurance, if available at a
reasonable cost, shall cover at least ninety percent (90%) of the current replacement
costs of the improvements and fixtures as determined by the Corporation with the
assistance of the insurance company providing coverage or consultant selected by the
Board of Directors. Coverage may exclude land, foundations, excavations, or other items
is
B0O!<??_ SAG a ?
that are usually excluded from insurance coverage. The insurance policy shall require
that the insurer notify the Corporation in writing at least ten (10) days prior to any
substantial change in coverage or cancellation. The insurance policy shall also contain
clauses providing for waiver of subrogation.
(2) If the property of the Corporation is located within a special flood
hazard area, the Corporation may purchase and maintain flood insurance in amounts it
deems necessary. Any such policy shall require the insurer to notify the Corporation
in writing at least ten (10) days prior to cancellation or any substantial change in the
coverage.
(3) The Corporation shall purchase and maintain at all times a comprehensive
general liability insurance policy covering all Community Use Areas and any other areas
that are under its supervision. The liability insurance shall insure against liability
to the public or to Owners, their tenants, guests or invitees, relating in any way to
the ownership, operation, maintenance and/or use of the Community Use Areas, and any
part thereof, and any other areas under the Corporation's supervision. Such insurance
policy shall, if reasonably available, contain a "severability of interest endorsement"
or equivalent coverage which precludes the insurer from denying the claim of an Owner
because of the negligent acts of the Corporation or other Owners. Limits of liability
shall be at least One Million Dollars ($1,000,000) covering all claims for bodily injury
and/or property damage arising out of a single occurrence. Coverage under this policy
shall include, if available and economically feasible, legal liability arising out of
losses related to employment contracts of the Corporation. The policy shall require the
insurer to notify the Corporation in writing at least 10 days before the insurer cancels
or substantially changes the coverage.
(4) Fidelity bonds or insurance coverage against dishonest acts on the part
of such persons (including by way of illustration and not limitation, Corporation
members, officers, directors, managers, agents, employees and volunteers) handling or
responsible for funds belonging to or administered by the Corporation may be maintained
by the Corporation if deemed necessary. In the event the Corporation has delegated some
or all of the responsibility for handling of funds to a management agent, such bonds or
insurance coverage may include officers, employees and agents of such management agent.
Any such fidelity bond or insurance shall name the Corporation as the named insured.
Any such policy shall contain a provision providing that it may not be cancelled or
substantially modified (including cancellation for nonpayment of premium) without at
least ten (10) days prior written notice to the Corporation and all Eligible Mortgage
Holders.
(5) Each Owner shall be responsible for obtaining and shall pay the cost of
any hazard insurance against fire and similar perils including flood on such owner's
Dwelling, personal property, fixtures and appliances. Each Owner shall be responsible
for purchasing and maintaining liability insurance covering his Lot and Dwelling.
(6) If any Dwelling located on a Lot is destroyed by fire or other casualty,
all rubbish and debris shall be removed with promptness after such fire or other
casualty. In no event shall debris or rubbish remain on a Lot longer than two (2)
months after such fire or other casualty. Provided, however, no such removal or
demolition shall be required if prohibited by court order or if a legal or insurance
investigation concerning such fire or casualty is ongoing.
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B 0 0 Ke?ff6. PAGE ?? 31-1 1
L.
Restrictions on Use and Occupancy
(1) The division of Lots is permissible provided that: (a) the number of Lots
in the Subdivision is not increased (i.e. portions of Lots are combined with other Lots
or other portions of Lots to form a new Lot); and, (b) the resultant Lots each have an
area which is equal to or exceeds 12,500 square feet. Any Lot which is created by the
combination of one or more Lots or portions thereof shall only be considered one Lot
under these Restrictions notwithstanding the fact that it may contain more than one Lot;
provided, however, if the resulting Lot results in a reduction in the number of Lots in
the subdivision, the resulting Lot or Lots shall be entitled to a proportionate share
of the impervious surface allowance provided for the Lot which has been deleted. Any
drainage or utility easement which runs along the side lot lines of a Lot shall
automatically be relocated to the new side lot lines of any new or resultant Lot. If
the drainage or utility easement is already in use, the Owner combining the Lots shall
pay for the relocation of such drainage or utility easements and the lines and pipes
using such. No Lot shall be used except for single family residential purposes and no
structure shall be erected on any Lot other than one single family residence and other
approved structures which are appurtenant to the single family residence. Provided,
however, the restriction on the use of the Lots for single family residential purposes
shall not prohibit the use of the Lot for an "incidental home occupation" as defined
herein. Incidental home occupation shall mean any use conducted entirely within a
Dwelling on a Lot which:
A. is carried on by the occupants thereof;
B. is clearly incidental and secondary to the use of the Dwelling for
dwelling purposes;
C. does not change the character of the Dwelling; and
D. is subject to the following restrictions:
(i) There is no display upon the Lot or Dwelling indicating
such home occupation;
(ii) No more than one person not a resident on the Lot is
employed specifically in connection with the home occupation; and,
(iii) No more than 25% of the floor area of the Dwelling is
devoted to such incidental home occupation.
Furthermore, all Lots may be used for the construction of septic systems
necessary to service other Lots in the Subdivision.
(2) A. Every residential dwelling constructed on Lots 56 through Lot 86 in
Dolphin Ridge shall contain not less than 1,400 square feet of enclosed heated area
(exclusive of garages and open porches).
B. Every residential dwelling constructed on Lots 1 through 55 and Lots
92 through 121 in Dolphin Ridge shall contain not less than 1,200 square feet of
enclosed heated area (exclusive of garages and open porches).
C. Every residential dwelling constructed on Lots 18 through 34 in
Royall Oaks shall contain not less than 1,400 square feet of enclosed heated area
(exclusive of garages and open porches).
D. Every residential dwelling constructed on Lots 1 through 17 and 35
through 45 in Royall Oaks shall contain not less than 1,000 square feet of enclosed
heated area (exclusive of garages and open porches).
20
V1 0 0 (e
- PAGE-?V-.-..
(3) Appurtenant structures shall be permitted subject to approval by the
Committee. Appurtenant structures shall be of like materials, construction methods and
techniques as the residential dwelling. Appurtenant structures shall not be allowed if
they are made of metal, tin or aluminum. No appurtenant structures shall be permitted
on a Lot until a Dwelling has been constructed on a Lot.
(4) No fences shall be permitted on any Lot unless approved by the Committee.
(5) An Owner may lease or sublease his Lot at any time and from time to time
provided that the lease agreement provides that the rights of any lessee or sublessee
of the Lot shall be subject to, and each such lessee or sublessee shall be bound by the
provisions set forth in this Declaration, the Bylaws and the rules and regulations of
the Subdivision; provided, however, the foregoing shall not impose any direct liability
on any lessee or sublessee of a Lot to pay any monthly general or special assessments
on behalf of the Owner.
(6) Without the prior written consent of the Committee, nothing shall be done
or kept in any Dwelling or on any Lot which will substantially increase the rate of
insurance applicable to similar buildings. No Owner shall permit anything to be done
or kept in his Dwelling or on his Lot which will result in the cancellation of insurance
on his Dwelling or of that of any of his neighbors. No waste may occur in the Community
Use Areas.
(7) All motor vehicles of any type kept within the Subdivision shall have
current registration and inspection certificates. The only motor vehicles which shall
be allowed to remain overnight on the Lots are automobiles, pick-up trucks, vans,
stepvans, boats, motorcycles, motor homes, campers, and recreational vehicles.
Provided, however, to be permitted in the Subdivision, boats, motor homes, campers and
recreational vehicles must be parked in the rear yard of a Lot. Except for trucks used
in the construction of a dwelling which are not left on a Lot for more than seventy-
two (72) hours, no trucks or other motor vehicles in excess of a three-quarter-ton load
capacity shall be parked or kept overnight or longer within the Subdivision.
Notwithstanding any provisions contained herein, no motor vehicles, boats, motor homes,
campers or recreational vehicles may be parked or stored on a Lot until a Dwelling has
been constructed on the Lot except for trucks and automobiles being used in construction
of the Dwelling as otherwise permitted herein. No stripped, partially wrecked, or
junked motor vehicles or any part thereof shall be permitted to be parked or kept on any
Lot or on the Community Use Areas.
(8) No signs of any kind shall be displayed to the public view on any Lot
except: a) signs used by the Declarant or its agent to advertise the property during
the construction and sales period; b) the "Dolphin Ridge" and "Royall Oaks" entrance
signs announcing the Subdivision; or c) one (1) sign not more than four (4) square feet
in size advertising the property for sale or rent. Additional restrictions on signs are
set forth in Article J.
(9) No outdoor poles, flagpoles, clotheslines, or other similar equipment
shall be erected or permitted on any Lot.
(10) No trash, ashes, garbage, or other refuse shall be dumped, stored or
accumulated on the exterior of any Dwelling except in receptacles specifically provided
for such which are regularly emptied by a trash collection service. All outdoor
receptacles for ashes, trash, rubbish or garbage shall comply with the Town of Emerald
Isle ordinances.
zi
BOOK PAGE
(11) No noxious or offensive activity shall be conducted upon any Lot and
nothing shall be done thereon which may be or may become an annoyance or nuisance to
the neighborhood.
(12) No animals, livestock, or poultry of any kind shall be kept or maintained
on any Lot or in any Dwelling except that dogs, cats, or other household pets may be
kept or maintained provided they are not kept or maintained for commercial purposes.
Such pets shall be reasonable in number and must be confined to the Lot they live on
unless they are on a leash and accompanied by a human. Animals or pets which run at
large are a nuisance and are prohibited.
(13) The provisions of this Article are subject to the condition that for so
long as the Declarant retains any Lot or any portion of the property in the Subdivision,
whether shown and delineated on the aforesaid plat or later annexed into the
Subdivision, which has not been sold, leased, rented, or otherwise conveyed, the
Declarant is hereby expressly permitted to maintain signs on the Community Use Areas.
(14) Subject to the provisions of this Declaration, the Articles and the
Bylaws, the Board of Directors shall have the power to formulate, publish and enforce
reasonable rules and regulations concerning the use and enjoyment of the Community Use
Areas. Such rules and regulations, along with all policy resolutions and policy actions
taken by the Board of Directors shall be recorded in a Book of Resolutions, which shall
be maintained at the Corporation's principal office and available for inspection by
members and owners during normal business hours.
(15) No Dwelling shall be erected or permitted to remain nearer to any street
in the Subdivision than the setback lines as shown on the recorded plats. No building
or structure, except approved fences, mailboxes, walls, piers, bulkheads, docks or
walkways, shall be located nearer to any sideline of any Lot than the side setback lines
shown on the plat. It is provided, however, that eaves, steps, stoops, and fireplace
chimneys shall not be considered as a part of the building for the purposes of
interpreting this Paragraph. An error in the placement of structures in an amount less
than ten percent (10%) of the setback requirement in question is not a violation of this
Declaration. All waterfront Lots hereby expressly waive the fifteen (15) feet riparian
setback as required by CAMA and/or the Corps of Engineers for all Lot lines which adjoin
other Lots in the Subdivision provided the structure (i.e. pier, dock or etc.) has been
approved by the Committee.
(16) No outside radio or television antennas, satellite dishes, or towers of
any kind, shall be erected on any Lot or Dwelling unless and until written permission
for same has been granted by the Committee. No radio station or shortwave operator of
any kind shall operate from any Lot or Dwelling without the prior written consent of the
Committee.
(17) No manufactured home, mobile home, trailer, temporary house, or temporary
structure shall be placed on or erected on a Lot; provided, however, the Committee may
grant permission for the placement of a temporary structure on a Lot for storage of
materials during the construction period. No such temporary structure shall be used at
any time as a dwelling.
(18) Once construction of improvements is started on any Lot, improvements
must be substantially completed in accordance with the plans and specifications as
approved by the Committee within twelve (12) months from commencement. Provided,
however, this restriction shall not be applicable to Declarant.
zz ? ????
BOOK- ?PAG °t?..1?--
(19) No residence shall be occupied until the same has been substantially
completed and a Certificate of occupancy has been issued by the appropriate governmental
authority.
(20) Fuel storage tanks shall be buried below the surface of the ground or
screened by fencing, shrubbery, or other satisfactory means so that they will always
be hidden from streets and Community Use Areas.
(21) No structure which is erected upon a Lot may be used as a temporary or
permanent sales office. Any structure constructed, placed or erected on a Lot which is
temporarily or permanently manned by a sales staff shall be a violation of this
restriction. Provided, however, Declarant shall be entitled to maintain a model home
and/or sales office on any Lot Declarant owns or leases.
(22) All Lots, whether occupied or unoccupied, shall be well-maintained and
no unattractive growth of weeds or underbrush or the accumulation of rubbish or trash
shall be permitted; provided, however, leaving a Lot in its natural state is acceptable.
(23) No vehicle shall be parked on any street in the Subdivision for a period
of longer than six (6) consecutive hours.
(24) All Lots shall have paved driveways with a minimum width of ten (10) feet;
provided, however, the Committee may waive or reduce this requirement if wetlands,
impervious surface restrictions or other restrictions impose an undue hardship on a Lot.
All driveways must be approved by the Committee and must meet the requirements set forth
in Article J.
(25) No outside burning of garbage or refuse shall be permitted in the
Subdivision except by Declarant.
(26) No Lot shall be accessed by motor vehicle directly from Coast Guard Road.
(27) All electric, cable TV and telephone lines shall be installed underground.
(28) The State of North Carolina requires strict compliance with the storm
water runoff rules. To insure compliance with the storm water runoff rules, each Lot
is subject to a limitation of the number of square feet of each Lot which can be covered
by a structure and/or paved surface, including walkways or patios of brick, stone, slate
or similar material, but excluding walkways and decks constructed of wood provided such
construction of wood walkways and wood decks is accomplished in such a manner as to
allow storm water runoff to infiltrate the soil beneath such walkways and decks. The
maximum number of square feet of Lots 1 through 45 in Royall Oaks which may be covered
by the aforesaid structures and or paved surface is 5,214 square feet per Lot. The
maximum number of square feet of Lots 1 through 86 and 92 through 121 in Dolphin Ridge
which may be covered by the aforesaid structures and/or paved surface is 3,950 square
feet per Lot. This covenant is intended to insure compliance with storm water runoff
rules adopted by the State of North Carolina and therefore benefits the State of North
Carolina and may be enforced by the State of North Carolina. Notwithstanding any other
provision contained herein, this paragraph may not be amended, deleted or revised
without the written consent of the agency of the State of North Carolina responsible for
enforcing the storm water runoff rules and the agency of the Department of the Army
responsible for enforcing wetlands regulations.
23
s oo PAGE ____
(29) No water well may be drilled on any Lot to provide potable water to a
dwelling; however, a well for an irrigation or sprinkler system is permitted. All
Dwellings must connect to the Bogue Banks Water and Sewer Corporation water lines.
(30) Additional restrictions on use and occupancy of Lots are contained in
Article J.
(31) In developing the Dolphin Ridge and Royall Oaks Subdivisions, the
Declarant 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 restrict and prohibit any future filling or other detrimental
activities in the wetlands areas which presently exist on the Lots. Accordingly, all
wetlands areas shown and delineated on the wetlands plats which have been approved by
the Corps of Engineers shall be left in their natural state except as otherwise
permitted herein. No buildings or site improvements shall be permitted within the
wetlands areas; provided, however, piers, walkways and other structures erected on
pilings are permitted provided the pilings do not result in fill as defined in
Regulatory Guidance Letter 90-08 dated December 14, 1990, issued by the Corps of
Engineers. Site improvements shall include denuding, grassing, or altering the existing
grade of any wetlands area. Site improvements shall not include hand clearing of trees,
limbs, brush or other plants provided such clearing does not result in a denuded or
barren area. No fill may be placed in any wetlands area. This covenant is intended
to insure compliance with the permit issued by the State of North Carolina and the
Department of the Army and may be enforced by the State of North Carolina and the
Department of the Army. Notwithstanding any other provisions contained herein, this
paragraph may not be amended, deleted or revised without the written consent of the
agency of the State of North Carolina responsible for enforcing the storm water runoff
rules and the agency of the Department of the Army responsible for enforcing wetlands
regulations.
M.
Complaints
(1) For all matters except those concerning the nonpayment of assessments,
before any owner in his capacity as an owner (hereinafter called Complainant) may bring
any action in any court of law against the Corporation or any other Owner for failure
to comply with the terms of these Restrictions, the Articles or the Bylaws, the
Complainant shall notify the Corporation or the Owner, as the case may be, in writing
by personal delivery or registered or certified mail, of the substance of the matter
causing the complaint.
(2) Following the giving of notice as provided in Paragraph (1) above, the
Corporation or the offending Owner, as the case may be, shall have thirty (30) days in
which to remedy the complained of matter. If the matter causing the complaint is not
remedied within the foregoing thirty (30) day period, the Complainant shall have the
right to appear before the Board of Directors to register such complaint.
(3) If the Board of Directors, after considering the complaint pursuant to
the terms of Paragraph (2) above and with notice and hearing as specified in Article H,
by majority vote decides against the Corporation or the offending owner, the Corporation
or the offending Owner shall have a period of thirty (30) days from the date of such
decision to remedy the complained of matter.
24
BOOK PAG?
(4) If, after the thirty (30) day period provided in Paragraph (3) above,
the offending party has not remedied the complained of matter, the Complainant shall
have the right to institute suit in a court of law. If the Board of Directors shall
decide against the Complainant pursuant to Paragraph (3) above, the Complainant may
immediately institute suit in a court of law.
(5) This Article shall not apply to actions brought or taken by the
Corporation.
N.
Waiver
No provision contained in these Restrictions, the Articles or the Bylaws, shall
be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce
them on the part of any Person as to the same or similar future violations, no matter
how often the failure to enforce is repeated.
0.
Variances
The Committee in its discretion may allow reasonable variances and adjustments
in the restrictions contained in Article L in order to alleviate practical difficulties
and hardship in their enforcement and operation. Any such variances shall not violate
the spirit or the intent of this document to create a Subdivision of Lots owned in fee
by various Persons with each such Owner having an easement upon areas owned by the
Corporation. No variance or adjustment will be permitted if such would be materially
detrimental or injurious to the welfare of the other property and improvements in the
Subdivision as determined by the Committee.
Upon granting a variance, the Committee shall notify the President of the
Corporation of the variance and the President shall have the variance prepared and
executed. To be effective, a variance hereunder shall be recorded in the Carteret
County Register of Deeds office, shall be executed on behalf of the Corporation, and
shall refer specifically to this Declaration.
P.
Duration, Amendment and Termination
(1) The Restrictions contained in this Declaration shall run with and bind the
Lots and Community Use Areas until January 1, 2005, after which time they shall
automatically be extended for successive periods of ten (10) years. This Declaration
may be amended in full or part until January 1, 2005, by an instrument signed by not
less than two-thirds (2/3) of the members, and thereafter, by an instrument signed by
not less than three-fourths (3/4) of the members; provided, that no amendment shall:
a) alter any obligation to pay ad valorem taxes on the Community Use Areas; b) alter any
obligation to pay assessments for street lighting as herein provided; c) affect any lien
for the payment of same, or d) modify any provision contained herein which specifically
requires the consent of another party to modify such provision without the required
consent of such other party. Provided, however, as long as the Declarant owns at least
eighty (80) Lots Declarant may amend this Declaration, except for Paragraphs 28 and 31
of Article L, without the consent of any other member or party.
25
PAGEc?3y_
To be effective any amendment must be recorded in the Carteret County Register
of Deeds office.
(2) Invalidation of any of these Restrictions by judgment or court order shall
in no way affect any other provision of these Restrictions which shall remain in full
force and effect.
(3) Notwithstanding any other provisions of this Declaration, Declarant may
amend this Declaration without the consent of any Owners if such amendment is required
by any governmental agency for governmental approval. Declarant shall notify all Owners
of such amendment after it has been recorded.
Q.
Community Use Areas: Private
(1) Every Community Use Area and any facility thereon is private. Neither
the Declarant's execution nor recording of the plat nor any other act of the Declarant
with respect to the property is or is intended to be or shall be construed as a
dedication to the public of any of the Community Use Areas. An easement for the use and
enjoyment of each of the areas designated as Community Use Areas is reserved by the
Declarant, its successors and assigns.
(2) All Community Use Areas shall be owned by the Corporation and shall be
acquired by the Corporation free and clear of all liens and encumbrances except pro
rata ad valorem real property taxes for the year of conveyance, reasonable drainage
and utility easements, certain easement rights specified herein, all government laws and
regulations and this Declaration.
R.
Remedies
Subject to the provisions of Article M, enforcement of these Restrictions shall
be by a proceeding at law or in equity against any Person or Persons violating or
attempting to violate any covenant or condition, either to restrain violation thereof
or to recover damages therefor. Injunction shall not issue to compel the removal of or
moving of any completed residence for violation of side setback or front setback
restrictions, the sole remedy of any offended person being a suit for damages.
Provided, however, injunction may be issued to compel removal of a structure,
improvement, paving, concrete or completed residence necessary for compliance with the
impervious surface requirements in Paragraph 28 of Article L or the wetlands
restrictions in Paragraph 31 of Article L.
S.
Acceptance
(1) The grantee of any Lot subject to the coverage of these Restrictions, by
acceptance of a deed conveying title thereto, or by the execution of a contract for
the purchase thereof, whether from Declarant or a subsequent owner of such Lot, shall
accept such deed or contract upon and subject to each and all of these Restrictions
herein contained and also the jurisdiction, rights and powers of Declarant and by such
acceptance shall for himself, his heirs, personal representatives, successors and
assigns, covenant, consent and agree to and with Declarant and the Corporation and to
26
BOOK PAG
F7 V
and with the grantees and subsequent owners of each of the Lots to keep, observe, and
comply with said Restrictions.
(2) Each such grantee also agrees, by such acceptance, to assume, as against
Declarant, its successors and assigns, all of the risks and hazards of ownership or
occupancy attendant to such Lot, including but not limited to its proximity to any
Community Use Area, water or other recreational facility.
T.
Applicability
These Restrictions shall only apply to the Lots and Community Use Areas
specified herein or hereinafter annexed into the Subdivision. These Restrictions are
specifically not applicable to any other property designated on the plat or any numbered
lots not defined herein and/or not annexed into the Subdivision.
U.
Captions
The captions preceding the various Articles of these Restrictions are for the
convenience of reference only, and shall not be used as an aid in interpretation or
construction of these Restrictions. As used herein, the singular includes the plural
and where there is more than one Owner of a Lot, said owners are jointly and severally
liable for the obligations herein imposed. Throughout this Declaration, references to
the masculine shall be deemed to include the feminine, the feminine to include the
masculine and the neuter to include the masculine and feminine.
V.
Notice
All notices provided for or permitted pursuant to these Restrictions shall be
in writing and, except as is herein expressly otherwise provided, notice shall be deemed
sufficient and service thereof completed upon transmittal by facsimile, hand-delivery
or receipt, refusal or nondelivery of same when mailed postage prepaid to the party to
or upon whom notice is being given or served at the address of such party last reflected
on the records of the Corporation.
W.
Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate
its purpose of creating a Subdivision of fee simple ownership of Lots with Community Use
Areas governed and controlled by rules, regulations, restrictions, covenants,
conditions, reservations and easements administered by an owners' association with each
Owner entitled to and burdened with various rights and easements.
27
BOOK PAGEaihL-
X.
Lot 46 in Royall Oaks and
Lots 87, 90 and 91 in Dolphin Ridge
Notwithstanding any provisions contained herein, except as specifically
specified in this Article X, Lot 46 in Royall Oaks and Lots 87, 90 and 91 in Dolphin
Ridge are not restricted, encumbered or subjected to any of the covenants, conditions,
restrictions or easements set forth in this Declaration; however, Lot 46 in Royall Oaks
and Lots 87, 90 and 91 in Dolphin Ridge shall be entitled to use the Community Use Areas
and the easements set forth herein which specifically benefit such lots and such other
easements described in the Declaration which provide access, drainage and/or utilities
to any of the other Lots in the Subdivision. Declarant retains and reserves a non-
exclusive perpetual easement for the benefit of Lot 46 in Royall Oaks for ingress,
egress, regress and the maintenance and installation of utilities to and from Coast
Guard Road from and to Lot 46 in Royall Oaks over, under and upon Lord Berkeley Drive.
Declarant retains and reserves a non-exclusive perpetual easement for the benefit of
Lots 87, 90 and 91 in Dolphin Ridge for ingress, egress, regress and the maintenance
and installation of utilities to and from Coast Guard Road from and to Lots 87, 90 and
91 in Dolphin Ridge over, under and upon Dolphin Ridge Road. These easements shall be
appurtenant to and shall run with Lots 87, 90 and 91 in Dolphin Ridge and Lot 46 in
Royall Oaks. These easements may be used by the owners, tenants, invitees, guests,
customers, employees, and licensees of the Owner and any tenant of the Owner of Lots 87,
90 and 91 in Dolphin Ridge and/or Lot 46 in Royall Oaks.
Declarant shall have the right to annex, either separately, all at one time, or
in stages, Lot 46 in Royall Oaks, Lot 87 in Dolphin Ridge, Lot 90 in Dolphin Ridge,
and/or Lot 91 in Dolphin Ridge into the Subdivision and the Corporation at any time
prior to January 1, 1999, by merely declaring the annexation of such lot in any deed of
conveyance, or by a declaration of annexation recorded in the Carteret County Register
of Deeds Office. Upon such annexation, the lot or lots annexed shall become subject to
all of the terms and provisions of this Declaration except for those which the Declarant
specifically specifies in the deed of conveyance or declaration of annexation the lot
or lots are not to be subject.
The maximum number of square feet of Lot 46 in Royall Oaks which may be covered
by structures and/or paved surfaces as described in Paragraph 28 of Article L is 17,325
square feet. The maximum number of square feet of Lot 87 in Dolphin Ridge which may be
covered by structures and/or paved surfaces as described in Paragraph 28 of Article L
is 28,711 square feet. The maximum number of square feet per lot of Lots 90 and 91 in
Dolphin Ridge which may be covered by structures and/or paved surfaces as described in
Paragraph 28 of Article L is 3,950 square feet. Declarant agrees that notwithstanding
any other provisions contained herein, this paragraph in Article X may not be amended,
deleted or revised without the written consent of the agency of the State of North
Carolina responsible for enforcing the storm water runoff rules and the agency of the
Department of the Army responsible for enforcing wetlands regulations.
Declarant also agrees that Lot 46 in Royall Oaks and Lots 87, 90 and 91 in
Dolphin Ridge shall be subject to the restrictions specified in Paragraph 31 of Article
L regarding wetlands. Declarant agrees that this paragraph may not be amended, deleted
or revised without the written consent of the agency of the State of North Carolina
responsible for enforcing the storm water runoff rules and the agency of the Department
of the Army responsible for enforcing wetlands regulations.
OWNERSHIP OF A LOT OR MEMBERSHIP IN THE CORPORATION DOES NOT ENTITLE YOU TO USE
LOT 46 IN ROYALL OAKS, LOT 87 IN DOLPHIN RIDGE, ANY FACILITIES CONSTRUCTED ON THEM OR
TO BECOME A MEMBER OF ANY CLUB OPERATED ON SUCH LOTS.
28
1VJ e_ ?
IN TESTIMONY WHEREOF, The Nassau Corporation has caused this instrument to be
executed under seal and in such form as to be binding, all by authority of its board of
directors first duly given, this the day and year first above written.
THE NASSAU,?MPORATION
?? \ { By: 100
c President
4'T r
Sect. tary
Sfi'KTE OF NORTH CAROLINA
COUNTY OF
a Notary Pt lic in and for said County and
State, do hdreby cer f that on the day of (. jjJ?.i 1991, before me
j `' rsonally appeared 12 . i with whom I am personally
acquainted, who, being by me duly sworn, says thy, he is President and that
IQ ,D?ilk is Secretary of THE NASSAU
CORPORATION, the corporation described in and which executed the foregoing instrument;
that he knows the common seal of said corporation; that the seal affixed to the
foregoing instrument is said common seal; that the name of the corporation was
subscribed thereto by the said President; that the said President
and Secretary subscribed their names thereto and the said common seal was
affixed, all by authority of the Board of Directors of said corporation; and that the
said instrument is the act and deed of said corporation.
WITNESS my hand and notarial seal, this the 13r day of yt-? ,
1991.
Y_ My. Commissiow'.8xpires:
-(J 4-31. '.
/,j Notary ary Public
v
NORTH CAROLINA, CARTERET COUNTY
The f©rrCeing certificate(s) cf ?-_--'
Is OR,) rcrtcf ve to ?e rcrrrr,,t. TI9v? 4,r9r,,nnt rias pre-
sents fed re 's ^{ ? r rc ^? a u ; IZ3 "! office in
Thls day of
Redster of Beds
By. D)-
t, Deputy
29
P00K (0,16'- PAAF ?J?
ATTACHMENT A
All those certain tracts or parcels of land lying and being situate in White Oak
Township, Carteret County, being more particularly described as follows:
TRACT 1:
All those certain streets shown and depicted as "Outrigger Court", "Calypso Court",
"Poseidon Road", "Poseidon Court", "Green Glen Road", "Green Glen Court", "Spinnaker
Place", "Sandy Court", and "Dolphin Ridge Road" as shown on the plat of Dolphin Ridge
recorded in Map Book 28, Page 228, in the Carteret County Register of Deeds office,
together with a five foot right of way easement along all road right of ways for the
expansion, widening, construction, maintenance and repair of the above described roads.
TRACT 2:
All those certain streets shown and depicted as "Granville Drive", "Heath Place",
"Ashley Place", "Clarendon Drive", and "Lord Berkeley Drive" as shown on the plat of
Royall Oaks recorded in Map Book 28, Page 229, in the Carteret County Register of Deeds
Office, together with a five foot right of way easement along all road right of ways for
the expansion, widening, construction, maintenance and repair of the above described
roads.
TRACT 3:
All that certain tract or parcel of land shown and depicted as "Common Area" on the plat
of Royall Oaks recorded in Map Book 28, Page 229, in the Carteret County Register of
Deeds Office.
TRACT 4:
All that certain tract or parcel of land shown and depicted as "10' PRIVATE ACCESS" on
the plat of Dolphin Ridge recorded in Map Book 28, Page 228, in the Carteret County
Register of Deeds office, said 10' Private Access being located between Lots 74 and 75
as shown on the Dolphin Ridge plat.
TRACT 5:
That certain tract or parcel of land which is undesignated and which is located between
the northern right of way line of Coast Guard Road and the southern right of way line
of Granville Drive as shown and depicted on the plat of Royall Oaks, said tract being
bounded on the north by the right of way line of Granville Drive and the southern lot
line of Lot No. 5; bounded on the east by the western right of way line of the 15'
dedicated public access shown on the plat; bounded on the south by the northern right
of way line of Coast Guard Road; and bounded on the west by the eastern right of way
line of Lord Berkeley Drive, and being more particularly described as follows:
Beginning at a point located in the north right of way line of Coast Guard Road. Said
point is also identified as being an iron pipe located South 700 41' 19" West 15.45 feet
from the intersection point of the East block line of Block 46 and the north right of
way of Coast Guard Road (Royall Oaks Subdivision map recorded at Map Book 28, Page 229,
in the Carteret County Register of Deeds Office).
Proceeding thence from said beginning point, along the north right of way of Coast Guard
Road South 700 41' 19" West, 131.36 feet, thence continuing along said right of way, a
curve to the right having a radius of 386.78 feet, a delta angle of 550 21' 3211, an arc
distance of 373.71 feet (this curve is identified by bearing and distance: North 811
30
BOOKYV-,-? PACE ?,34

j/' 55" West, 359.34 feet), thence continuing along said right of way of Coast Guard
Road along another curve to the right having a radius of 1200.28 feet, a delta angle of
030 35' 02", an arc distance of 75.08 feet (this curve is identified by bearing and
distance: North 52° 09' 38" West, 75.07 feet), thence leaving the right of way of Coast
Guard Road and beginning along a short section of Lord Berkeley Drive and continuing a
curve to the right having a radius of 20.00 feet, a delta angle of 750 49' 4111, an arc
distance of 26.47 feet (this curve is identified by bearing and distance: North 121 27'
17" West, 24.58 feet), thence North 250 27' 34" East, 1.73 feet, thence continuing along
a curve to the right having a radius of 20.00 feet, a delta angle of 120° 22' 02", an
arc distance of 42.01 feet (this curve is identified by bearing and distance: North 850
38' 35" East, 34.70 feet), thence continuing and forming the south right of way of
Granville Drive along a curve to the right having a radius of 153.24 feet, a delta angle
of 050 43' 50", an arc distance of 15.32 feet (this curve is identified by bearing and
distance: South 310 18' 29" East, 15.32 feet), thence along a curve to the left having
a radius of 158.94 feet, a delta angle of 371 17' 32", an arc distance of 103.45 feet
(this curve is identified by bearing and distance: South 47° 05' 21" East, 101.64
feet), thence continuing along the south right of way of Granville Drive, another curve
to the left having a radius of 428.00 feet, a delta angle of 430 53' 3911, an arc
distance of 328.64 feet (this curve is identified by bearing and distance: South 871
43' 56" East, 320.62 feet), thence along a curve to the left having a radius of 40.00
feet a delta angle of 591 34' 58", an arc distance of 41.60 feet (this curve is
identified by bearing and distance: North 400 28' 45" East, 39.75 feet), thence along
the southern boundary of Lot 5 as it is previously referenced North 701 41' 19" East,
80.34 feet to the southeast corner of Lot 5, thence South 050 30' 00" East, 45.13 feet
to the point of beginning. This parcel contains 0.39 acres.
86-0233(P)
NLR/11(30/31)
04-14-91
31
%6,
Justification for the Amount of Fill Requested for Lot 2 in Royall Oaks Subdivision and
Lots 12, 93, and 9 in Dolphin Ridge Subdivision
1. Lot 2 Royall Oaks:
We have modified the proposed fill area of the wetland area designated as area "C" on the
survey to limit the fill to the area needed for support of the driveway into the house.
Although the area may not appear necessary for simply the normal car, that area also will
be the access for the construction vehicles, including construction delivery vehicles,
concrete trucks, and other appropriate construction equipment, and therefore it is
necessary for the access to be of adequate size and design to support those vehicles in
addition to the normal passenger car. Although not for certain, in the event an
appropriate and stable slope ratio could not be obtained in the area, the line shown in red
would be bulkheaded. The modification noted also removes all of the "old" wetlands
from the proposed fill area. The modifications proposed will reduce the amount of fill
area on Lot 2 from 673 square feet to 367 square feet, resulting in a reduction of 306
square feet - almost half of what originally was proposed. With respect to attempts to
avoid filling the wetlands area depicted as area "B" on the lot, due to the central location
of the area on the lot, the area "B" wetlands is impacted or the wetlands area depicted as
area "A" and/or the natural vegetation and trees located at the rear of the lot before you
get to the large wetland area at the back of the lot would be impacted, and considering the
limited size and isolated nature of wetlands area "B," we believe that filling all of
wetlands area "B" is the most ecological and least intrusive approach. As you can see, on
our sketch we have pushed the house back, but with the other wetland areas on the lot,
the support required for the foundation and the normal entry features (such as the
walkway) would require all of wetlands area "B" to be filled. Attempting to push the
house back any further would further increase the amount of impervious surface on the
lot due to the necessary extension of the driveway, would result in a loss of the trees
currently in the back of the lot, and would require all of the wetlands along the rear of the
lot to be bulkheaded at a high expense to prevent the wetlands from intruding into the lot
any further and affecting the integrity of the foundation of the house. Pushing the house
to the west would result in a need to fill a portion of the new wetland area "A" that is
located on the west portion of the property. That wetlands area is part of a larger
wetlands area that is more likely naturally to continue and thrive than area "B." Due to
the isolated location and limited size of area "B," it has the potential of losing its wetland
characteristics and disappearing naturally even if it was not filled.
2. Lot 12 Dolphin Ridge:
The fill area on Lot 12 has been reduced to include only that portion of the wetlands that
consist of "new" wetlands - the area north of the "old" wetlands line. No portion of the
"old" wetlands area would be filled. The area indicated in red would be bulkheaded to
protect the old wetlands area. The recommendation by DWQ to consider reducing the
front setback line is a good one and is appreciated; however, it is established pursuant to
the restrictive covenants of the development and the lot owner does not have the ability to
unilaterally amend the restrictive covenants. Amending the covenants would require the
consent of three-fourths of the property owners in the Dolphin Ridge and Royall Oaks
subdivisions. As you can imagine, the likelihood of getting the required number of
property owners to consent to that modification is very unlikely, especially since it would
require approximately 120 individual property owners (along with their lenders) to join in
the document. The restrictive covenants do permit a 10% encroachment into the front
setback line and that encroachment is recognized in the sketch. However, even if the
building on the lot could be pushed forward even more, due to the limited area in front of
the lot and the need to be able to use that portion of the lot within the building setback
requirements that is not affected by wetlands, the requested "new" wetlands area still
would need to be filled. A bulkhead would be installed where the line in red is shown on
the sketch. As instructed, we have removed from our request all of the "old" wetlands.
The modification results in the amount of fill being requested being decreased from
764 square feet to 58 square feet, resulting in a reduction of 706 square feet - a ninety-
three percent reduction of what originally was requested.
3. Lot 93 Dolphin Ridge:
The amount of wetlands on Lot 93 has expanded tremendously from the "old" wetlands
line. We have modified the sketch to remove any of the "old" wetlands from the
proposed fill area. We also have reduced the footprint of the house on the property as
much as possible without the house being completely out of character with the other
houses in the immediate vicinity of Lot 93. The red lines on the sketch show the areas
that would be bulkheaded to prevent any further intrusion into the "newly" protected
wetlands and the "old" wetlands. The amount of wetlands being filled has been reduced
from 3107 square feet to 2768 square feet, resulting in a reduction of 339 square feet -
approximately an eleven percent reduction from what originally was requested.
4. Lot 9 Dolphin Ridge:
Due to the elevations on the lot (the lot has a very steep and high hill on it) and the large
area of wetlands along the eastern lot line, it is not possible to push the house back further
on this lot and miss the "new" wetlands area that we have requested to be filled on the lot.
The wetlands area to be filled is a "new" small isolated wetlands area and does not impact
any "old" wetlands.
5. Lot 6 Royall Oaks:
Our request to fill any wetlands on Lot 6 Royall Oaks hereby is withdrawn. As
evidenced by the modifications noted on the other lots, we are attempting to minimize
our impact on the wetlands in the area.
NBMAIN\643580\1
?s/os`
Title: Lot 2 Fill Area C Dolphin Ridge 2 Date: 08-04-2005
Scale: 1 inch = 5 feet 7File: Lot 2 Fill Area C Dolphin Ridge.2.des
Tract 1: 0.004 Acres: 182 Sq Feet: Closure = s20.1117w 0.00 Feet: Precision =1/48777: Perimeter = 67 Feet
001=n54.4638w 5.44 003=s60.3708e 18.64 005=s19.4625w 10.03
002=n 11.1022e 20.06 004=s71 w 13
61S/0S
Title: Lot 12 Dolphin Ridge Area
Date: 08-04-2005
I Scale: 1 inch = 5 feet I File: Lot 12 Dolphin Ridge Area.2005.des
Tract 1: 0.001 Acres: 58 Sq Feet: Closure = n74.1703e 0.00 Feet: Precision =1 /8295: Perimeter = 40 Feet
001=n41.3035e 12 003=s74.2314w 17.67
002=s64.5752e 10

stn
Title: Lot 93 Area Dolphin Ridge Date: 08-04-2005 1
I Scale: 1 inch = 25 feet File: Lot 93.2005 Dolphin Ridge.des
Tract 1: 0.073 Acres: 3181 Sq Feet: Closure = s31.2145e 0.00 Feet: Precision =1/57094: Perimeter = 259 Feet
001=s89.1238e 80
002: U, Rdi15
Bng=s05.5054w,Chd=35
003=s76.0319w 80
004=n01.1544e 10
005=n35e 27
006=n32.0703w 27.26
4//3
a w? rkD
o C9
0-/0-5-
Title: 1,44 19 U/aLJ D D 7° ;? ?, ?/ulG??c??"? s? ?,? C? fy Tom/ Date: 07-07-2004
Scale: 1 inch =11 feet File: Lot 93 B Dolphin Ridge.des
Tract 1: 0.009 Acres: 413 Sq Feet: Closure = s81.3331e 0.00 Feet: Precision =1/30594: Perimeter =141 Feet
001=s04.2720e 27.31
002-n42.4429w 33.20
003=73.0324w 30.46
004-s83.0332e 49.91
L
\ KU VD
COA \ BLOCK ` 47 BLOCK
46
VICINITY .94P
NOT TO SCALE

U.S.C.E. 404 Wetland Certification
TH
BOUNDW IS CEK11F1ES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
ACT UNDER THE PRESENT LAW AND R TIONDETERMINED 13Y THE
UNDERSIONED ON THIS DATE. UNLESS THERE IS A CHANGE IN 7HE LAW OR
OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE REUED UPON FOR A PERIOD NOT TO E7MM FIVE
YEARS FROM THIS GATE THIS DETERMINATION WAS MADE `nUZJNO THE
1987 CORP OF ENOINEERS WETLANDS DELINEATION MANUAL
NAME TrrLE
DATE
404 Wetland Calls
COURSE BEARING DISTANCE
PL-WL1 S 82'22'00"E 20.37'
WL1-WL2 S 52'05'17"E 19.91'
WL2-WL3 N 27'20'27"E 9.43'
WL3-WL4 S 84'18'22"E 24.74'
WL4-PL S 86'36'10"E 22.04'
PL-WL5 N 75'40'22"E 10.26'
WL5-WL6 S 02'50'28"W 15.56'
WL6-WL7 S 84'15'53"E 12,45'
WL7-WL8 S 64'20'32"E 6.30'

WL9$ WL10 S 25'25'1 6"W 12.42'
WL10-WL11 S 75'35'26"W 10.24'
WL11-PL S 5(706'39"W 8.72'
WI12-WL13 S 54'13'57"E 15.37'
WL13-WL14 S 02'42'05"E 6.80'
WI14-WL15 N 89'24'01 'W 18.38'
WL15-WL12 N 19'43'45"E 16.56'
WI16-WL17 S 60'37'08"E 18.64'
WI17-WL18 S 79'32'24"E 17
99'
WI18-WL19 S 20'37'29"W .
11
63'
WL19-WL20 N 86'27'52"W .
14.26'
WL20-WL21 N 42'57'47"W 7.47'
WL21-WL22 S 59'30'01 "W 11.55'
WL22-WL23 N 54'46'38"W 5.44'
WL23-WL16 N 11'10'22"E 20.06'
PC-WL23 N 63'13'57"E 32.15'
WL16-WL15 N 28'05'19"E 13.32'
LEGEND
E.I.P. EX/S77NO IRON PIPE
S-1 S. SET IRON STAKE
R/W RIGHT OF WAY
M.B.L. MINIMUM BUILDING SETBACK UNE
M. B. MAP BOOK
PG. PAGE
S.F. SQUARE FEET
L CEN7ERUNE
C.M. EXIS17NG CONCRE7r MONUMENT
E.1 S. EXISTING IRON STAKE
E M. N. EXIS77NG MAO NAIL
S.M.N. SET MAG NAIL
J7.ereoj/ cerMVy that th
prepared according to
Practice for Land Sur
Caro,9
IS IS N FOR
Pr Land Land Sun
PURYJB D B
BES
P
??ca
J
0

6
4 44 5?
N 1 -7
404 WETLANDS
/AREA= 4,959.1 S.F.
11x1!/. //1123
WL3
0 WL2
10 h
h?l
ko?lw WL5
6 w]E
z rn ?A
404IWETLAND N 11
LINE ; WL1
? N
1286
??-?\? I Rd ` WL20 Wk19
"
7112 N 82.45s•05
' R. 88.00'
Gr4hVI/le Drive
40 " R/W
WETLAND A AREA= 971.7 S.F.
WETLAND B AREA= 184.7 S.F.
WETLAND C AREA= 487.9 S.F.
NOTES

2 j pR E
AREA 621 io (BY COMPUTA7AipN)
3.)
4.) REFERENCE : M.B. 28 PG. 229
P.I.N. 5373.12-95-2767
5.) FLOOD ZONE :ZONE X AE(EL9) PER F.I.R.M.
DAT
L
J
11
6.) 'O
RNAL MAP REEL
ED A PRI
2 19913
L 1
7 ) 7HIS PROPERTY IS SUBJECT TO ALL

EASEMENTS,
AGRESMEArrS, AND RIGHTS
OF W Y
RECORD PRIOR rO THE LATE

8.) OF THIS PUT.
REV. 5-12-05 TO SHOW ORIGINAL
120 WETLAND LINE.
9.) THIS SURVEY IS FOR WETLAND
LOCATION ONLY.
,?ttttttltf i tpr/r
North
3OQ `
ease No.
MAY 2004
BY
JAO
SURVEY FOR
Nassau Corporation
Raleigh, NC 27626 B 252 9672-5451
LOT 2. BLOCK 46 NORTH.
L.nrcltntl EMERALD ISLE, NC WHITE OAK
ScAlf"m , 11ATa REV. MAY 12, 2005 PRMM N0.
40 JUNE 10 nna 90011 El LO'
501 W- B. MdeSuBl dying a e Carteret
Swaneboro, North Carolina 28584
U)
0
0.
W
O
1235
P 0uEELq

rl
I in
rWL13 0
l
}WL14 N
v
r WL17
C" 1A -\'11`b kP
g s 05
ICK OAKs U.S.C.E. 404 Wetland Certification
G THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
?p• BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER
Site ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE
BLOCK UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR
\ DRIP IN 4$ OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF SECTION 404
OCEAN JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE
\ OAKS YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
` 1987 CORP OF ENGINEERS WETLANDS DELINEATION MANUAL.
47 BLOCK \
\ 46
NAME TITLE
VICINITY .JZ4P DATE
NOT TO SCALE Poseidon Road /
40 R/W
N 82759106 _ _-
6.00'
Lllkdld U) /fit 1
01
fjr? IQ? o h 1391
1 0o Q? a W
4 , oh WL tTi
8
00
11
1x18 L2
`
•- o `
13 PLr ? WL
% WL6
??NN 1gq3??95
4 WETLANDS 4041WEfLANDS
A = 7,493.4 S F. PL LINE
COURSE BEARING DISTANCE zo J ?5z1
01
PL-WL1 N 87'37' 17"E 3.36' i Ln o
WL1-WL2 N 34!06'1 4"E 25.64' a 1
WL2-WL3 N 41'30'35"E 24.35'
WL3-WL4 S 64'57'52"E 17.30'
WL4-WL5 S 01'30'52"W 30.87' 75.00
WL5-WL6 S 48'08'08"E 15.06'
?02"w
WL6-PL S 47'03'51 "E 25.26! f_ S 7
? 25
LEGEND 2 4 NOTES
E.I.P. EXIS77NO IRON PIPE 1.) AREA
S/.& SET IRON STAKE 2.) CLOSURE a 1:10,000+ COMPUTATION
R/W RIGHT OF WAY 3.) REFERENCE : M.B. 28 PG. 228 )
M.B.S L. MINIMUM BUILDING SE784CK LINE 4.) P.I.N. 5373.12-95-4296
M.B. MAP BOOK
PC PAGE 5.) FLOOD ZONE :ZONE X. AEEL9) PER F.I.R.M.
3720537300J, DATED JULY 1 , 2003.
S.F. SQUARE FEET 6.) FINAL MAP RECORDED :APRIL 12, 1991
caN7>:RUNE
GM. CENTERLINE CONCRETE MONUMENT 7.) THIS PROPERTY /S SUBJECT Tiff ALL
.. r- EV S77NG IRON STAKE EASEMENTS AGREEMENTS, AND RIGHTS
E.M.N. EXISTING AMC NAIL OF WAY OF RECORD PRIOR TO THE LklS
S.M.N. SET MAG NAIL OF THIS PLAT.
8.) THIS SURVEY IS FOR WETLAND
LOCATION ONLY.
40 0 40 80 120 9.) REVISED 5-11-05 TO SHOW ORIGINAL
WETLAND LINE.
GRAPHIC SCALE - FEET
JOHN A. ODOM "' ' -Ilk
Nassau Corporation
p?p`aQd d*W ;'`t Post Office Box 29549
Prcot><ca for LcTd.sur ??R22aleiigh, NC 2g7?626 252-672-5451
Carotfa><or q ?XY "__ ?OLPHl?v RIDG SUBDIVISION
a
-3062 COUCARTERET EMERALD ISLE NCWHITE OA
S IS 0 FOfr;P.Z ING. 40,- s? i -m - 11 2005 pRar= No.
1 "
f?v0 .;;? gU?vE
40'
_ I"E4 2064 9011F, LOT1:
7
RQ d Land Susv ???i??i fr o
17 tlll?'
D BES ITa MAY, 2004 Land Surveying, P.A.
501 W. B. McLean Blvd. - Cape Carteret
iRII<N Br BRansboro. North Carolina 28584
JAO
1RC? `
S
11 ?

D
CO j
E BLOCK
)ite 45
OCEAN
BLOCK ` OAKS
`
47 BLOCK \
46

vI
viL Y -*,4P
NO
T T S CALE
205 I
j S
.o? O
R
89' 12'38"E M 4.40
183.94' 01
,?? 8671' si PL4 75.77' P 3 17.06
?i VdtB `? WL5 %09 wI "I 0
O
?
Q ORIGINA?L?,, 7 2050
404 WELNEDS/???
Z 0 404 WETLANDS 207
(D (Do j AREA= 13,013.0 S.F
C Ln
2074 7 54,
n 2'C??
0
2°'?'-- 9 2
N I
VI
I
LEGEND
E-1 P. EXISTING IRON PIPE
S-1 S. SET IRON STAKE
R/W RIGHT OF WAY
M.B.SL. MINIMUM BUILDING SETBACK LINE
M.B. MAP BOOK
PG. PAGE
S .F SQUARE FEET
C.M. EXISTING CONCRETE MONUMENT
E.I.S. EXISTING IRON STAKE
E.M.N. EXISTING MAG NAIL
S.M.N. SET MAG NAIL
CENTERLINE
.
OE CID o
t?

N.
s ?- O
Q (0 t -,46
X3,19„W PI-1 O
S 7? I

404 I
Weiland Calls
COURSE BEARING DISTANCE
COR.-PL1 S 76'03'19"W 0.53'
PL1-WL1 N 04'25'29"E 64.45'
WL1-PL2 N 70'58'35"W 2.34'
PL2-PL3 N 89012'38"W 17.06'
PL3-WL2 S 18'01'50"W 21.38'
WL2-WL3 S 04'27'20"E 27.31'
WL3-WL4 N 42'44'29"W 33.20'
WL4-WL5 N 73'03'24"W 30.46'
WL5-WL6 S 57'02'42W 21.82'
WL6-WL7 N 79'20'39"W 17.40'
WL7-WL8 N 34' 18'44"W 10.60'
WL8-WL9 N 66'30'09"E 14.40'
WL9-PL4 N 42'06'54"E 12 Al,
U.S.C.E. 404 Wetland Certification
THIS CERTIFIES TNAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER
ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE
UNDMMNED ON THIS DATE. UNLESS THERE 14 A CHANGE IN THE LAW OR
OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE
YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
1987 CORP OF ENGINEERS WETLANDS DELINEATION MANUAL
NAME TITLE
DATE
NO TES 2.) CLOSURE AREA -15.2,32.7 S.F. (BY COORDINATE
3.) REFERENCE : M.B. 28 PG. 228
4.) P.1N.5373.16-84-8465
5.) FLOOD ZONE :ZONE AE EL9) PER F.I.R.M.
3720537300J. DATED JULY 16, 2003.
6.) FINAL MAP RECORDED :APRIL 12, 1991
7.) THIS PROPERTY IS SUBJECT TO ALL
EASEMENTS, AGRaVENIS, AND RIGHTS
OF WAY OF RECORD PRIOR TO THE DA7E
OF THIS PLAT.
8.) THIS SURVEY IS FOR WETLAND
LOCATION ONLY.
9.) REVISED 5-11-05 TO SHOW ORIGINAL
WETLAND LINE.
40 0 40 80 120
GRAPHI(% 'Qe`el G - =[:-r
????"T'""„'
here?pqt,?
r, JEM"
pprreepptlw ' >Q
?
PracCarDFOR

,qv
•O;
Q
??• O 4?*
Stell
BES - JUNE, 2004
p ox mvw sr
_ JAO
Nassau Corporation
Post Office Box 29549
Raleigh, NC 27626 252-672-5451
93, BLOCK 46 SOUTH,
CARTERET
qrrzti.qr
501 R. B. McLean Land Surveying, P.A.
Swanaboro, North Carolina 28584
ROY LL
OA \ c
\
\
ite
COAT DOL HIN? BLOCK
\ RID E
OCEAN
BLOCK \ \ OAKS
47 BLOCK
46 \
\
VICINITY ff,4P
NOT TO SCALE
U.S.C.E. 404 Wetland Certification
THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER
ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE
UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR
OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE
YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
1987 CORP OF ENGINEERS WETLANDS DELINEATION MANUAL. a
aC d
NAME TITLE 5
Goa ? FZ
DATE ,? '
-,
rp O , ?g E
N p' I
404 Wetland Calls
COURSE BEARING DISTANCE
PL-WL1 S 60'13'03"W 21.85'
WI1-WL2 S 69'49'26"W 37.92'
WL2-WL3 S 7854'51 "W 13.65'
WI-3-WI-4 N 21'43' 10"W 5.82'
WL4-WL5 N 50'53'32"E 11.95'
WL5-WL6 N 47'48'05"E 21.03'
WL6-WL7 N 1931'00"E 39.83'
WL7-WL8 N 08'08'10"E 13.36'
WL8-WL9 N 22'59'54"W 33.55'
WL9-WL10 N 5321'07"E 14.34'
WL10-PL N 53'21'07"E 33.52'
WL11-WL12 S 4705'42"E 18.29'
WL12-WL13 S 21'12'43"E 18.81'
WL13-WL14 S 36'28'16"W 24.17'
WL14-WL15 N 01'20'42"E 21.25'
WL15-WL16 N 11'38'06"E 12.76'
WI16-WL17 N 54'48'28"W 12.54'
WL17-WL11 N 08'59'10"E 8.57'
PC-WL14 N 5652'50"E 47.10'
0
N
2
50 • ?
Bu FER ? N ? . `"
'f ,
25 pl L n.
w -?
Ln
WL10 o
WL9 91
I U)
I
22Q
Z ! Q_
9
WI-8 90 OD CD
Q
404 WETLANDS
WL11 ,WL7I -p
40
WL16 WL12 EfL?4NDS
9. S.F. n
WL15
WL13 WL ,
\ o n
n
WI-5
WL4 L1 Oro o N
GI WI-2 WETLA DS a
AREA= LINE
336 7 F
WL14
IQ
A /9?W0 ?
u' O• \ O
0' ,
Poseidon Road 6,
40' R/W
LEGEND
E.I.P. EXISTING IRON PIPE
S.I.S. SET IRON STAKE
R/W RIGHT OF WAY
M.B.S.L. MINIMUM BUILDING SETBACK LINE
M.B. MAP BOOK
PG PAGE
S.F, SQUARE FEET
CENTERLINE
C.M. EXISTING CONCRETE MONUMENT
E.I.S. EXISTING IRON STAKE
E.M.N. EXISTING MAG NAIL
S.M.N. SET MAG NAIL
S. .
--? ?,SEM
00,E-- Zp UTILITY ' 02„
Vd
4' r ? of ? I
S
2
40 0 40 80 120
GRAPHIC SCAT F - FFFT
JOHN A._ODOM_
I,
hereby certify that this
prepared according to t
Practice for Land Surtit
CarrOI*U6 01W dreat"1*0
FOR
n North
y/ V
is
I
0- v
??f?rr • - ?Ftx2?
License No.
sURVS 8 BES 'I"' MAY, 2004
FIRLD BOOK mAIIN 9r
PACT l An
QJO ?
NOTES
1.) AREA -19,005.3 S.F. (BY COORDINATE
2.) CLOSURE - 1:10,000+ COMPUTATION)
3.) REFERENCE : M.8. 28 PG. 228
4.) P.I.N.5373.12Z-95-5X58P0
5.) FL3720537300J,NSATED JU Y R6," 2003.
6.) FIAAL MAP RECORDED :APRIL 12, 1991
7.) THIS PROPERTY IS SUBJECT TO ALL
EASEMENTS, AGREEMENTS, AND RIGHTS
OF WAY OF RECORD PRIOR TO THE DATE
OF THIS PLAT.
8.) REV. 5-11-05 TO SHOW ORIGINAL
WETLAND LINE.
9.) THIS SURVEY IS FOR WETLAND
LOCATION ONLY.
Nassau Corporation
Post Office Box 29549
Raleigh, NC 27626 252-676-5451
LOT 9 BLOCK 46 SOUTH
DOLPHIN RIDGE SUBDIVISION
COUNTr CITr TO IIVSNIP
CARTERET EMERALD ISLE, NC WHITE OA
SCAU "=40 RATS REV. MAY 11, 2005 PBOJaCT No.
1 JUNE 4, 2004 90011 EI-LC
9 rrs#igr
Land Surveying, P.A.
501 W. B. McLean Blvd. - Cape Carteret
Skanaboro, North Carolina 28584
9DR
Provisions Relating To Wetlands
In developing Lot , The Nassau Corporation has agreed with the
State of North Carolina and the Department of the Army Corps of Engineers (pursuant to one or
more permits issued by the State of North Carolina and the Corps of Engineers): (i) to restrict
and prohibit any future filling of the wetland areas which are shown and delineated on the
wetland survey plat dated , verified by the Corps of Engineers on , and attached
hereto as Exhibit (hereinafter referred to as the "Protected Wetlands"); (ii) to restrict and
prohibit any other activities in the Protected Wetlands that would be detrimental to the continued
existence of the Protected Wetlands; and (iii) that the Protected Wetlands shall be left in
perpetuity in their natural or mitigated condition. No person or entity shall: (a) fill, grade,
excavate, or perform any other land disturbing activities in the Protected Wetlands; (b) cut,
remove, or harm any vegetation (provided, however, this shall not prevent the limited cutting
down and removal of dead, damaged, or leaning trees located in the Protected Wetlands that pose
a risk to the health and safety of persons or property); (c) allow animal grazing or animal
watering or any other agricultural use on the Protected Wetlands; or (d) construct any structures
in the Protected Wetlands; provided, however, benign structures, such as pile-supported
walkways and piers, may be permissible but only after such benign structures have been
reviewed by the U.S. Army Corps of Engineers and written consent has been given by the U.S.
Army Corps of Engineers. These covenants are intended to ensure continued compliance with
one or more of the Permit Conditions in the Permit issued by the United States of America, U.S.
Army Corps of Engineers, Wilmington District, bearing Permit Number , and
therefore may be enforced by the United States of America and the State of North Carolina.
These covenants are to run with the land, and shall be binding on The Nassau Corporation and all
future owners, tenants, and/or parties claiming under The Nassau Corporation or its successors
and assigns. This paragraph cannot be amended or modified without the express written consent
of the U.S. Army Corps of Engineers, Wilmington District.
860233-00007-001
NBMAIN\645126\1

Justification as to the Project's Consistency with North Carolina's Coastal Management Program
This information supplements the information provided in the letter dated June 15, 2005, from
Mr. Frank Sheffield to Mr. Steve Rynas regarding the consistency determination for the
proposed fill activities in the Dolphin Ridge and Royall Oaks subdivisions proposed by The
Nassau Corporation ("Nassau").
As part of the development of the 94 acres comprising the Dolphin Ridge and Royall Oaks
subdivisions in Emerald Isle in the early 1990s, wetland delineations were performed, and a
Nationwide Permit 26 was obtained to fill less than 4 acres of the development. The fill, which
represented less that 4 percent of the total area of the development, was designed to make all of
the proposed lots buildable. In the early 1990's the interior roads were constructed, the permitted
wetlands were filled, and Nassau went about selling the lots to purchasers. At that time, the
development was heavily wooded with pine trees and some hardwood trees.
Unfortunately, beginning in the late 1990's, Emerald Isle sustained three (3) significant
hurricanes. In addition to the hurricanes knocking a large number of the trees down, the
hurricanes blew tremendous amounts of salt water on the trees, and as a consequence, additional
trees in the developments were killed. Soon after the last of the three hurricanes, a pine beetle
infestation occurred, and another large percentage of the remaining pine trees were killed by the
beetles. Due to the large number of trees knocked down by the hurricanes, killed by the salt
spray from the hurricanes, and killed by the pine beetles, a large amount of the rainfall and
groundwater that the trees previously consumed had nowhere to go. Consequently, some of the
areas in the development that originally were not wet at the beginning of the 1990's started
becoming wet at the end of the 1990's and the expansion of the wetlands in the development has
continued to increase since then. The expansion is clear by looking at the surveys of the lots that
show the "old" wetlands and the "new" wetlands.
Pursuant to the original Nationwide Permit 26, restrictive covenants were recorded for the
Dolphin Ridge and Royall Oaks subdivisions that protected the original wetlands that existed on
the property in the early 1990's (see Tab 1). These original wetlands have been referred to in the
permit application materials as "old" wetlands. The developer's agreement to protect the "old"
wetlands was based on the view that all of the lots in the developments were buildable.
Unfortunately, the "new" wetlands in the development make some of the lots unbuildable, and
the "new" wetlands are not protected by the original restrictions like the "old" wetlands are.
Accordingly, the application for a permit to fill the very small amount of wetlands (now only a
total of 3,530 square feet over 4 lots) is reasonable, justifiable, and the application should be
approved.
It should be noted that the application involves 404 wetlands and not coastal wetlands as defined
in the CAMA rules. Also, a mitigation plan to replace any of the lost wetlands has been prepared
and submitted to USACE and DWQ as part of the application. All of the mitigation will occur in
the Dolphin Ridge and Royall Oaks subdivisions. Furthermore, as part of the process, restrictive
covenants will be recorded that will would protect the additional "new" wetlands that have been
delineated (except for the small area to be filled pursuant to the application) from any filling in
the future (see Tab 4). Consequently, the total amount of wetlands (i.e., total of "old" and "new"
wetlands) that will be protected in the future is substantially greater than the amount originally
protected when the subdivisions were developed in the early 1990s, and thus approving the
application will result in an increase in the amount of coastal resources being protected in
perpetuity.
Each of the four lots proposed for fill activity are zoned for residential use by the Town of
Emerald Isle and are designated for residential development in the Town of Emerald Isle's
approved CAMA Land Use Plan. Based on all of above reasons, the applicant asserts that the
proposed activities are consistent with North Carolina's Coastal Management Program and that
concurrence with the applicant's CZMA Consistency Determination should be issued by the
Division of Coastal Management.
645469/1