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PROGRAM
November 21, 2006
Basil Hurst
Hurst Law Properties
PO Box 1371
Lumberton, NC 28359
Project: Quail Roost County: Onslow
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2006
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The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
White Oak
1 0 0.2424
L 0
t 0 0 62 0 0
03020106 - I I
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
r
illiam . GilmPe,PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Brad Shaver, USACE-Wilmington
Noelle Lutheran, DWQ- Wilmington
Doug Huggett, NCDCM- Morehead City
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File inger Turner, agent (fax) _
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
-3 STROUD ENGINEERING, P.A.
Hestron Plaza Two
151A Hwy. 24
Morehead City, NC 28557
2006182?
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? For approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for corrections ? Return corrected prints
,017or review and comment ?
? FORBIDS DUE ? PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.
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Office Use Only: Form Version March 05
2a061v29
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appttcame° or °N/A°.)
1. Processing
F? t? f
D rilt/!'i?i: i
f .-CEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: HURST LAW PROPERTIES, LLC
Mailing Address: P.O. BOX 1371
LUMBERTON NC 28359
Telephone Number: 910-739-0621 Fax Number: 910-738-6643
E-mail Address: burstga ec rr com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: GINGER TURNER
?:aUompany Affiliation: STROUD ENGINEERING, P.A.
°o Wailing Address: 151-A HWY 24
MOREHEAD CITY, NC 28557

?y z w Telephone Number: [phone] Fax Number: [phone]
° E-mail Address: [e-mail]
Updated 11/1/2005
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: QUAIL ROOST SUBDIVISION
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 5344.03.22.9243
4. Location
County: ONSLOW Nearest Town: SWANSBORO
Subdivision name (include phase/lot number): QUAIL ROOST
Directions to site (include road numbers/names, landmarks, etc.):
FROM THE INTERSECTION OF HWY 24 AND NCSR 1509 (QUEENS CREEK RD.),
TAKE NCSR 1509 SOUTH APPROXIMATELY 2.75 MILES TO NCSR 1565
(SMALLWOOD RD.) PROJECT 0.4 MILES ON RIGHT OFF NCSR 1565.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 38.39.28 ON 29.89.50 °E
6. Property size (acres): 33.146 ACRES
7. Name of nearest receiving body of water: PARROT SWAMP
8. River Basin: WHITE OAK RIVER BASIN
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mapS/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: THE SUBJECT PROPERTY IS ZONED R-5 AND IS
COMPOSED OF 33.15 ACRES OF UNDEVELOPED LAND. ADJACENT PROPERTIES
Updated 11/1/2005
Page 6 of 13
ARE ZONED R5-SINGLE FAMILY USE RA-SINGLE FAMILY USE, AND RA-
MULTIPLE USES (AGRICULTURAL)
10. Describe the overall project in detail, including the type of equipment to be used:
THE APPLICANT PROPOSES TO PERMANENTLY IMPACT APPROXIMATELY 0.20
ACRES OF JURISDICTIONAL WETLANDS FOR THE CONSTRUCTION OF TWO
ROAD CROSSINGS. IF UNSUITABLE MATERIAL IS FOUND WITHIN THE
CROSSINGS THE AREA WILL BE UNDERCUT AND BACKFILLED WITH SUITABLE
MATERIAL WITH AN EXCAVATOR. A 36"RCP IS PROPOSED TO BE INSTALLED
AT THE INTERMITTENT STREAM CROSSING TO HYDRAULICALLY CONNECT
THE WETLAND IMPACT.
11. Explain the purpose of the proposed work: TO CONSTRUCT A ROAD AND INSTALL
UTILITIES AND DRAINAGE FOR A SINGLE FAMILY SUBDIVISION.
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NONE
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Updated 11/1/2005
Page 7 of 13
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: PERMANENTLY IMPACT
APPROX. 0.2061 ACRES OF JURISDICTIONAL WETLANDS AND 0.0156 ACRES OF INTERMITTENT
STREAM FOR THE CONSTRUCTION OF THREE ROAD CROSSINGS. IF UNSUITABLE MATERIAL IS
FOUND WITHIN THE CROSSINGS THE AREA WILL BE UNDERCUT AND BACKFILLED WITH
SUITABLE MATERIAL WITH AN EXCAVATOR. A 36" REINFORCED CONCRETE PIPE WILL BE
INSTALLED AT THE INTERMITTENT STREAM CROSSING MAINTAINING THE HYDRAULICS.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
1 PERMANENT/STREET HERBACEOUS -275 0.0429
IA TEMPORARY/UTILITY HERBACEOUS -275 0.0077
2 PERMANENT/STREET HERBACEOUS -275 0.1455
2A TEMPORARY/UTILITY HERBACEOUS -275 0.0100
3 TEMPORARY/GRAVITY HERBACEOUS -295 0.0263
SEWER
4 TEMPORARY/GRAVITY FORESTED BEGINS AT 0.0540
SEWER STREAM BANK
5 TEMPORARY/SEWER HERBACEOUS -850 0.0121
FORCEMAIN
6 TEMPORARY/SEWER HERBACEOUS BEGINS AT 0.0454
FORCEMAIN STREAM BANK
Total Wetland Impact (acres) 0.3439
3. List the total acreage (estimated) of all existing wetlands on the property: 3.380 AC
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent?
? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)

1 TRIBUTARY OF STREET CROSSING/ INTERMITTENT 10' 62' 0.0147
PARROT SWAMP PERMANENT

2 TRIBUTARY OF GRAVITY SEWER
INSTALLATION/
INTERMITTENT
10'
30'
0.0069
PARROT SWAMP TEMPORARY
Updated 11/1/2005
Page 8 of 13
GRAVITY SEWER
3 TRIBUTARY OF INSTALLATION/ PERENNIAL 10' 18' 0.0046
PARROT SWAMP TEMPORARY
GRAVITY SEWER
4 TRIBUTARY OF INSTALLATION/ INTERMITTENT 10' 15' 0.0034
PARROT SWAMP TEMPORARY
WATERLINE
5 TRIBUTARY OF INSTALLATION/ PERENNIAL 10' 10' 0.0023
PARROT SWAMP TEMPORARY
GRAVITY SEWER
6 TRIBUTARY OF INSTALLATION/ PERENNIAL 12' 10' 0.0028
PARROT SWAMP TEMPORARY
Total Stream Impact (by length and acreage) 145 LF 0.0347AC
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
Open Water Impact
Site Number
indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres): 0.0347
Wetland Impact (acres): 0.3439
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.3786
Total Stream Impact (linear feet): 149
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Updated 11/1/2005
Page 9 of 13
Proposed use or purpose of pond (e.g., livestock watering, irrigation,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss-how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
THE SUBDIVISION REQUIRED TWO ACCESSES ONTO SMALLWOOD ROAD TO REDUCE THE TRAFFIC
IMPACT AT ONE ENTRANCE. THIS ADDITIONAL ENTRANCE FORCED THE CREATATION OF A CROSSING OF
THE INTERMITTENT STREAM. THE OTHER TWO WETLAND IMPACTS WERE CREATED DUE TO RIGHT OF WAY
AND LOT SIZE REQUIREMENTS ALL OF THE OTHER TEMPORARY IMPACTS WERE NECESSARY TO
CONSTRUCT PUBLIC UTILITIES TO SERVICE THE PROJECT.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
aesthetic, trout pond,
Updated 11/1/2005
Page 10 of 13
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
ALL REMAINING WATERS AND WETLANDS WITHIN THE PROJECT BOUNDARY OF 33.146 ACRES
OUAIL ROOST WILL BE RESTRICTED WITHIN THE COVENANTS OF THE PROJECT AS WELL AS
CONDITIONED BY THE USACOE. NO OTHER MITIGATION IS PROPOSED FOR THIS TRACT.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):_
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Updated 11/1/2005
Page 11 of 13
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2
If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Rlparlan u er es or
within 15A NCAC 2B.0242 or .0244, or .0260.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5-
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
B ff R t ation Fund) Please attach all appropriate information as identified
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
NO IMPERVIOUS COVERAGE CURRENTLY EXISTING ON THE TRACT. THE SUBDIVISION IS BEING PROPOSED
AS A LOW DENSITY PROJECT WITH IMPERVIOUS SURFACES ALLOWED TO TOTAL UP TO 25% OF THE PROJECT
AREA. THE PROJECT AREA IS 33.146AC AND PROPOSED IMPERVIOUS SURFACES ARE 70,948 SF FOR THE
ROADS 281 980SF (19 LOTS ?a 3 920SF AND 50 LOTS la_ 4 150SF) AND 4 OOOSF FOR THE LIFT STATION AREA
WHICH TOTALS 356,298 SF WHICH IS 24.72%.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
THE PROPOSED SUBDIVISION WILL EXTEND EXISTING MUNICIPAL WATER AND PRIVATE OWNED SEWER
MAINS PUBLIC UTILITY INTO THE PROJECT
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
Updated 11/1/2005
Page 12 of 13
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
1
Applicant/A ent' S' ature /Date,/
(Agent's signature is valid my if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
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STROUD ENGINEERING, P.A.
Hestron Plaza Two
151A Hwy. 24
Morehead City, NC 28557
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WE ARE SENDING YOU ? Attached ? Under separate cover via
? Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?
DIE44G rL lei 0IF M° LIV?L?'L1u OTT LI
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DATE

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ATTENTION
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? Samples
the following items:
? Specifications
COPIES DATE N DESCRIPTION
THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
As requested ? Returned for corrections ? Return corrected prints
>
? For review and comment ?
? FORBIDS DUE ? PRINTS RETURNED AFTER LOAN TO US
REMARKS
?r?rian
JAS%-
1f?ETl1?
COPY TO
SIGNED:
if enclosures are not as noted, kindly notify us at one
Date: 1 oZ-j C --© 6
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STROUD ENGINEERING, PA dated 8/21106.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
proposed alteration. The intent of this provision is to prevent additional wetland, stream or buffer
filling or draining, so the property owner should not assume that a future application for filling or
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's name: HURST LAW PROPERTIES, LLC
Address: P.O. BOX 1371
City, State, Zip Code: LUMBERTON, NC 28539
Phone Number: 910-739-0621
STATE of North Carolina
Onslow COUNTY
I, Pamela C. Redfearn, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
Witness my hand and notorial seal, this 19'h day of December, 2006.
f 11MAI -AA
Notary Public
My commission expires: 3-26-2010
Date: 1 oZ- 1 l-1. --0 6
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STROUD ENGINEERING, PA dated 8/21/06.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
propcs;,d altcrat=. 77?-?- intent of this pr.;-; sion is to prevent ua :t:onal wetland, stream or b!%%
fitting er d*? nim, so the property owner s? ould not assume that a future application for fi ling ?r -
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's na
Address: P.O. BOX 1371
City, State, Zip Code: LUMBERTON, NC 28539
Phone Number: 910-739-0621
r
I
STATE of North Carolina
Onslow COUNTY
1_ Pamela C. Redfeam, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
my hand. 47-_' rotor'-,-!l seal, this 19'' day orr°:;eml 2006.
o
t
Notary Public
My commission expires: 3-26-2010
Date: 1 aZ- "I
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STROUD ENGINEERING, PA dated 8/21/06.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
prcposcd alteratiom., 71c int t :;f tEs r: .. icn i., t:s prevent addition-J, wetland, stream or *,;aMr
filling or draining; the ro;tert;? o vn°- shou'd not ?f;sume that a futlire application for filling cr
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's na
Address: P.O. BOX 1371
City, State, Zip Code: LUMBERTON, NC 28539
Phone :`lumber: 910-739-0621
STATE of North Carolina
Onslow COUNTY
1. Pamela C. Redfearn, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
Witness my hand and aotorial scal, this 19`" day of Decer: -ber_ 2006.
Notary Public

My commission expires: 3-26-2010
Date: 1 oZ-) e -0
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STR.OUD ENGINEERING, PA dated 8/21/06. .
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
proposed alteration., The intert,of it -; additional wetland, sircam or buffer
filling or drains g; so the pronerh't n?;>>i r chnnlll not as,.zim,-, that q future application for filling or
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's na
Address: P.O. BOX 1371
City, State, Zip Code: LUMBERTON, NC 28539
Phone Number: 910-739-0621
STATE of North Carolina
Onslow COUNTY
I, Pamela C. Redfearn, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
:?!'??f .
my hz: and notc-nal seal, tH., 1901' day 0T7 cember.
Notary Public
My commission expires: 3-26-2010
Date: 1 a -? cl -Q> ?o
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STROUD ENGTNEERING,;PA dated 8/21/06. .1?.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
propcsed alteration. The inlci:t of this provision is to p.---_% t addit4 _-n_! ctlrrd,: stream or buffer
filling or draining, so the pn pcrty owner should not as iurr that a firhire rml?cati r, for filling or
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's na
Address: P.O. BOX 1371
City, State, -Zip Code: LUMBERTON. NC 28539
Phone Number: 910-739-0621
STATE of North Carolina
Onslow COUNTY
1. Pamela C. Redfearn, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
mess my'' and uotcrial seal, t':; 19t -a ? . December- 2006.
Notary Public
My commission expires: 3-26-2010
Date: 1 o),_/ el: --0 co
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.0500, the following DEED NOTIFICATION shall be
recorded in the ONSLOW County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in ONSLOW County, North Carolina as shown on
plans titled QUAIL ROOST prepared by STROUD ENGINEERING, PA dated 8/21/06.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the
proposed aft--ration. The intent of t!.,13 provision is to prevent adi?itionai s?, w^m. c~ buffer
filling or draining, so the property owlzr should not assume t It a future ?n^tr^?t~cm for fining oc
draining would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is intended to ensure continued compliance with
all rules adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
Signature:
Owner's na
Address: P.O. BOX 1371
City, State, Zip Code: LUMBERTON. NC 28539
Phone Number: 910-739-0621
I
STATE of North Carolina
Onslow COUNTY
I. Pamela C. Redfearn, a Notary Public of the State of North Carolina, Onslow County, hereby
certify that Basil J. Hurst personally appeared before me this day and executed by above
certification.
'lien°-s my and ,--,] n r;-! - 'iis 19t" ' -• , - . 7006.
Notary Public
I
My commission expires: 3-26-2010
project issued
Subject: project issued
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 16 Jan 2007 11:54:08 -0500
To: Ian McMillan <[e-mail]>, Brad Shaver
<Brad.E. [e-mail]>
the following project has been issued as of 1/16/07
Quail Roost S/D (DWQ # 061829)
1 of 1 1/16/2007 12:06 PM
? North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Brad E. Shaver
USACE
And
Cyndi Karoly
NC DENR/DWQ
From: Steven H. EverhartPhD CWB 04954k444-
Southeastern Permit Coordinator
Habitat Conservation Program
Date: December 7, 2006
RE: Hurst Law Properties, LLC - Quail Roost S/D, Onslow Co., DWQ No. 20061829
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. Our comments are provided
in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as
amended).
The project is located west of SR 1576 (Queens Haven Rd.), approximately .25 miles west of its
intersection with SR 1509 (Queens Creek Rd.) near Swansboro in Onslow County. The property
totals approximately 33.146 acres with approximately 3.38 acres of jurisdictional wetlands. An
un-named tributary to Parrot Swamp borders the property to the east. Waters in Parrot Swamp
are classified SA by the Division of Water Quality (NCDWQ).
The applicants propose to impact approximately 0.3786 acre of wetlands and 149 linear feet of
stream through filling/culverting to construct access roads and provide infrastructure for a 69-lot
subdivision. No mitigation measures are proposed for these impacts other than preservation of
on-site wetlands.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Hurst Law Properties - Quail Roost Z December 7, 2006
We have the following concerns/recommendations:
• We recommend that utility crossings at streams be directionally bored or suspended
above the stream.
• We recommend 100 ft and 50 ft native forested buffers are maintained or created on each
side of on-site perennial and intermittent streams, respectively. Directional bores for
utilities must begin and end outside the appropriate forested buffer. If utilities are to
parallel streams, they must be outside the appropriate forested buffer or the 100-year
flood plain, whichever is greater.
A § 404 jurisdictional determination was not provided with the application materials.
The cumulative impacts of future development (home construction) on wetlands have not
been addressed. We recommend that all remaining and created/restored wetlands on-site
be preserved through permanent conservation easement to prevent further impacts.
This easement should prohibit any cutting, mowing, or disturbance of vegetation; soil
disturbance; or construction of any kind (including walkways, piers, platforms, etc.)
within the wetlands (i.e., preservation is not limited to just the prevention of filling).
We have no objection to the project provided our recommendations are included as permit
conditions. Thank you for the opportunity to review and comment on this application. If you
have any questions or require additional information regarding these comments, please call me at
[phone].
CC: Joanne Steenhuis, NCDWQ
Triage Check List
Date: 11/27/06
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 11/22/06 to 1/20/07
From: Cyndi Karoly Telephone: [phone]
Project Name: Quail Roost SD
DWQ#: 06-1829
County: Onslow

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
STROUD ENGINEERING, P.A.
Hestron Plaza Two
151A Hwy. 24
Morehead City, NC 28557
[phone]
TO ?j,/?1
40 ? NAJU nAi
WE ARE SENDING YOU ? Attached ? Under separate cover via
? Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?

DATE I A 1o D JOB NOPA110 r3
ATTENTION ,,.?-, AA?? ww ''AA
1
RE:

QQQJ I RADOSt

the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
5 J ` ?+
?' v WYE

J, ?---.1 '7'1 P 4 `n IT i -7 ,
.4 F 9 x 1 .'
4V, i fi t
1 1, ? k.7

THESE ARE TRANSMITTED as checked below:
? For approval
? For your use
" As requested
? For review and comment
? FOR BIDS DUE
REMARKS
? Approved as submitted
? Approved as noted
? Returned for corrections
?
?
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints

PRINTS RETURNED AFTER LOAN TO US

COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at on
30.5
30.0
29.5
29.0
28.5
28.0
27.5
27.0
26.5
26.0
25.5
PERMANENT INTERMITTENT DITCH ROADWAY CROSSING
SCALE: NOT TO SCALE
z
0
x
-a
x

QUAIL ROOST
' SWANSBORO TOWNSHIP. ONSLOW COUNTY NORTH CAROLINA
I ' CLIENT: HURST LAW GROUP. INC. DESIGNED:
/ ADDRESS: PHYSICAL: 707 N. CHESTNUT ST.
LUMBERTON. NC 28358 DRAWN:
MAILING: P.O. BOX 1371
LUMBERTON. NC 28359
PHONE: [phone] CHECKED:
PP / ?? ?' ,r?"t? -?.?'• ?,I,i, 404 WETLANDS
I
i / zGN.MULTEG RAIPLE USES WETLANDS IMPACTS
E%ISTING uSE
({ I .
I
60,L 0"
PUBLIC RI HT-OF-WAY
B'-O" 20'-0"
PAV MENT
1 T. 1,4"/FT;
1"/FT
/3-.- 6" ABC J L-1-1/2" SF 9.5A
FILL SECTION
STREET CROSS-SECTION (TYP.)
SCALE: NOT TO SCALE
PATRICIA CAIN yy?,y? „ ycYycy?
BK. 1301. PG. 978
201`0 RA
CURRENT USE. SINGLE FAMILY 24
22
WETLAND IMPACT #2 ?r 1
_PERMANENT IMPACT - 6338 SF,po,x• 25
ROAD CROSSING
TLANO IMPACT #2A
MPORARY IMPACT - 435 SF
\? ' 20 19 1"` UTILITY INSTALLATION
1; 26
1 J, WETLAND IMPACT #1
PERMANENT - 1867 SF WETLAND IMPACT #1A
ROAD CROSSING 17 TEMPORARY IMPACT - 335 SF
UTILITY INSTALLATION
?; 16
STREAM IMPACT At4 HURST LAW GROUP. INC.
67
TEMPORARY IMPACT ?\` 30 - FUTURE -
STREAM IMPACT #3 IZ0NG1`0 USE Ri
? EMPORARY IMPAC TE%IST. VACANT
GRAVITY SEWER INSTALLATION
14 66 1 WETLAND IMPACT #4
:GNEO RA 31 TEMPORARY IMPACT - 2354 SF
?STING USE. SINGLE FAMILY o GRAVITY SEWER INSTALLATION
STREAM IMPACT #1 '
PERMANENT IMPACT 12
ROAD CROSSING
64 /
? 64
STREAM IMPACT #2
?r 1 63 37 TEMPORARY IMPACT
! 1 INTERMITTENT 35 >< ,?"'` GRAVITY SEWER INSTALLATION '
STREAM
WETLAND IMPACT #3
TEMPORARY IMPACT - 1146 5?
I O Q GRAVITY SEWER INSTALLATION
39 ? 1 1
?' 48 `
EXISTING USET0SINGLE FAMILY
60 ? j 40 45 \ 1
ME RA ?; 59 41 47 ?'?? ?-
T 44
?;
i 1111 O ?' - /' ??•
:a SIN 5
t SINGLE FAMILY
48
50 STREAM IM
51 /• ?? ?• TEMPORARYPIMPACT
/?
- _ 56 ? 5© / ? ??• WATERLINE INSTALLATION
54 oe
55 ?
•` - - i REVISIONS:
•` ? ? / • , PP ? ?? ? Na BY GATE DESCRIPTION
200 100 0 200 400
STROUD ENGINEERING, P.A. APPROVED:
151A HIGHWAY 24 RDC
MOREHEAD CITY, N.C. 28557 DATE:
[phone] 8/21/0
SCALE:
PROJECT #: PM1 1 0-34 SCALE: 11'= 200'
SHEET 1 OF 2 1" = 200'
\PM110-34 A.dan 11/16120063,14429PM
FIELD VERIFY INVERT ELEVATION 6 FT.

ffl 404 WETLANDS
REVISIONS:
200 100 0 200 400
SCALE: 1"= 200'
PROJECT #: PM110-34
SHEET 2 OF 2
PHONE:
STROUD
MOREHEAD CITY. N.C. 28557
[phone]
QUAIL ROOST
SBORO TOWNSHIP. ONSLOW COUNTY NORTH CAROLINA
JRST L GROUP. INC. DESIGNED:
PHYSICAL: 707 N. CHESTNUT ST.
LUMBERTON. NC 28358 DRAWN:
MAILING: P.O. BOX 1371
LUMBERTON. NC 28359
[phone] CHECKED:
P.A.
TE:
. 8/21/0
1" 200'
OLD- 18aq
NORTH CAROLINA
ONSLOW COUNTY
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
QUAIL ROOST HOMEOWNERS ASSOCIATIO , I NC.
THIS DECLARATION OF COVENANTS, C0TVTi1dNS AND RESTRICTIONS
is entered into this day of , 2000, between Hunst-haw Group
(Hereinafter "Declarant"), and Quail Roost UbMeo%vners .Association, Inc.. (hereinafter
"Association") and all parties hereafter acquiring'?toy ot'tli?; described property.
WITNESSETH:
WHEREAS, Declarant is the owner of:all19ts-within a subdivisioh in the County of
Onslow, State of North Carolina, known as Quail Roost , and tieing that certain tract or
parcel of land more particularly described,by mali`and_surveq recorded in Book of Maps
50, Page 93, Onslow Cotta Registar of Deeds; and
WHEREAS, it is in the best interest of the Declarant and to the benefit, interest and
advantage of every panty hereafter acquiring any of the described property that certain
covenants, conditions, ease n?ei)yts a?sessments,jiens and restrictions governing and
regulating the use and occupancy of'the prQperty be established; and
WHERVAS, Declarant dQs1res to provide for the preservation of the values and
amgnittes and the desirability and attractiveness of said property; and for the continued
maintenance and operation, Of any ?ccreational and/ or common area.
NOW THEREFORE, in consideration of the premises, the Declarant agrees with all
parties hereafter, cquiring py of the property hereinafter described, that it shall be and is
hereby subject to the foljdwwing restrictions, covenants, conditions, easements,
assessments and liens relating to the use and occupancy thereof which shall be construed
as covenants running with the land which shall be binding on all parties acquiring any
right, title or interest in any of the properties and which shall inure to the benefit of each
owner thereof.
ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the County of Onslow, North Carolina, and is more particularly
described as being all of that property shown on map and survey recorded in Book of
Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as
shown on the aforesaid map. The Declarant and the Jurisdiction of the Association.
Additional properties may be subjected to these Declarations within ten (10) years from
the date of this instrument.
.r
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Quail Roost Home-owners'
Association, Inc., its successors and assigns.
Section Z "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter be
bought within the jurisdiction of the Association.
Section 4. "Permanent Common Open Space" shall consist of those areas designated on
recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the
common use and enjoyment of the owners. The Declarant will convey all Permanent
Common Open Space shown on the various plats of the subdivision to the Association.
The Association shall be responsible for the repair, maintenance acid repaving as set forth
in this Declaration.
Section S. "Lot" shall mean and refer to any plot of land sbbwD upon any recorded
subdivision map of the Properties with the exception of th" Permanent Common Open
Space.
Section 6. "Declarant" shall mean and refer to T 1 urst-Law Group, its successors and
assigns if such successors or assigns should q?:(iuire more than one undevelope Lot from
the Declarant for the purpose of development. ?4
Section 7. "Common Expense" shalf mean and include:
(a) All sums lawfully assessed bythe Association,against its members;
(b) Expenses of the common `area ' and'administration.maintenance, repair, or
replacement of the Permanent Com nqn Open space:
(c) Expenses declared to be eommop expenses by the provisions of this
Declaration°or the` $y-Laws:
(d) Hazal, liability, orsuch other inurance premiums as the Declaration or
the 13y-Laws may require the ASSOGiation to purchase;
(e) Ad valorein,taxes-aad, ?nblic assessment charges lawfully levied against
_`.ccumnon areas:
(f)/ Expenses agreed by the members to be common expenses of the
Association.°`,,
(g)., Landscaping and mowing costs. Owners are responsible for mowing in
`fenced in baek'yards.
r
ARTICLE III
PROPERTY RIGHTS
REAL ESTATE
Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Permanent Common Open Space and over the
common open spaces for access, ingress, and egress from and to public streets,
walkways and parking areas easement shall be
Appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) the right of the Association to suspend the voting rights of an owner for
any period during which any assessment against his/ her Lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations;
2
(b) the right of the Association to dedicate or transfer all or any part of the
Permanent Common Open Space to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed
to by the members;
No such dedication or transfer shall be effective unless an instrument agreement to
such dedication or transfer signed by two-thirds (2/3) of each class of members has
been recorded, and the .............Town Council has agreed to such conveyance;
(c) the right of the Association, in accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the Permanent Common
Open Spaces and facilities and in aid thereof to mortgage said property,
and the rights of such mortgagee in said Properties shall be subordinate
to the rights of the homeowners hereunder; and
(d) The right of the Association to adopt, publish and enforce rules and
regulations as provided in Article IX.
Section Z Delegation of Use. Any owner may delegate, in accordance with the By-
Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to
the members of his/ her family, his/ her tenants, or contract purchasers who reside on the
property.
Section 3. Title to the Permanent Common Open Space. The Declarant hereby
covenants for itself, its successors and assigns, that it will, convect' fee simple title to the
Permanent Common Open Space to the Association, ftee,?Iind clear of all encumbrances
and liens, prior to the conveyance of the first Lot, utisty',,a?rtl storm easements.
Section 4. Parking Rights. The Association may regulatgthe parking of boats,$railers
and other such items on the Permanent Common Opcn Space. No private ehieles will
be parked on assess roads within the subdivision. All exc ss vehicles will be parked on
parking areas provided.
Section S. TVAntennas and Cablevis on.,, The Association. may supply cablevision and
the cost of this service maybe included in aimael, or special asses inents. The
Association may regulate or prohibit the erection oftelevision ;antennas on individual
lots. '
ARTICLE JV
MEMB?R,SWP -ANDNOTING RIGHTS
Section 1. Every owner of a lot Nvhichs Jsubject to assessment shall be a member of the
Association. Membership Shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment.
Section Z The Association shall have two classes of voting membership:
Class A. Class A y6embers shall be all Owners, with the exception of the
Declarant, and all be entitled to one vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Declarant shall be a Class B member and shall be entitled to four
(4) votes for each lot owned. The class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership equals
the total vote outstanding in the Class B membership; or
(b) Upon the surrender of all Class B membership by the holder thereof .
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to common open spaces shall be shared equally by the owners of
each Lot.
Section 2. Purpose of Assessments. The assessments lgvied by the Association shall
be used exclusively to promote the recreation, health, safety 4iid,welfare of the
residents in the Properties and in particular for the'acguksition, improvement and
maintenance of the Permanent Common Open pace; ncluding the m aintenance,
repair and reconstruction of private streets, driveways,,walks and parkin?,argas
situated on the Permanent Common Open Space, such maintenance to incjdde the
cutting and removal of weeds and grass and the removal- ash and rubbish or any
other maintenance or for the use and enjoyment of the Permanent Common Open
Space, including but not limited to the cost of repairs, replacements and additions,
the cost of labor, equipment, materials, management and supei:vision, the payment of
taxes and public assessments assessed agaia§t°the Permanent Common Open Space,
the procurement and maintenance of insurance in accordance with this Declaration,
the employment of attorneys to represent the Association when necessary, the
provision of adequate resetv05 for the replacement of capital improvements including,
without limitiV,,the generality of the foregoing, signs, paving, grading, landscaping
and any other major expense for which the ,ssuciation is responsible, and such other
t?.
needs as may arise.
Secti?A3. _Reserves.. The Association shall establish and maintenance an adequate
reserve fund for the,periodic 'maintpance, repair and replacement of improvements to
66conunon area and close othe-portions of the Properties which the Association
may be'obligated to maintain. `Such reserve fund is to be established out of regular
assessments`for common.' expense.
Section 4. Maximum Annual Assessment. Until January 1 of the year immediately
following the conv?'ance of the first Lot to an Owner, the maximum monthly
assessment shalUe $200.00 per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote of
membership by up to five percent (5%) of the previous year's assessment.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above the increase permitted in Section 3(a) above by a
vote of two-thirds (2/3) of each class of Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members who are voting in person or
by proxy, at a meeting duly called for this purpose, written notice of which
a shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
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merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section S. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon the Permanent Common Open Space, and in connection
with exterior maintenance, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all members not
less than thirty (30) days nor more than (60) days in advance of the meeting setting
forth of the meeting.
Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and S.
Written notice of any meeting called for the purpose of taking_anv action authorized
under Section 3 or 4 shall be sent to all members not less than thir?y (30) days or
more than sixty (60) days in advance of the meeting. .At,the 1 first such meeting called,
the presence of members or of proxies entitled to cast sixty percent (60%) of all the
votes of each class of membership shall constitute 'a clucum. if the required quorum
is not present, another meeting may be called srtbject to the same notice requirement,
and the required quorum at the subsequent meeting shall be one-half (1/21) ofthe
required quorum at the preceding meeting.- No such sut* quent meeting shall be held
more than sixty (60) days following the preceditt? meting
Section 7. Uniform Rate of Assessment. Both annual and special assessments shall,
except as herein otherwise specifically provided, be tiscd at a uniform rate for all
Lots and shall be collected on a inwithly bn., s, provided`ho%ever, that the
assessment for Lots owned by Declarant %%hich are not ocqupied as a residence, may
be a lesser amount as fixed by the Board o1J) lrectovs of-ihe Association, but shall not
be less than twenty-five (25%) of the re-ii far assessments for other Lots.
Section 8. Date of Coinmenc?ment ofAunual Assessments; Due Dates. The annual
assessments pr`ovided'for herein shall commence as to all Lots on the first day of the
month following the conveyance of the.l'crrnanent Common Open Space. Such
annual 4,swS5ments shall be paid ratably,on a monthly basis. The Board of Directors
shall be, paid ratably ©n a nionthl_v basis. The Board of Directors shall fix the amount
?t the annual assessrneh.t against each Lot at least thirty (30) days in advance of each
annual assessment period. Wr'tten notice of the annual assessment shall be sent to
every Owner subject thereto. The due dates shall be established by the Board of
Directors. 'I he Association shall, upon demand, and for a reasonable charge, furnish
a certificate si fined h an officer of the Association setting forth the assessments on a
specified Lot have been paid. Any certificate so given shall be conclusive evidence
of payment of tho, assessments stated therein.
Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the
lien against the property in the same manner in which Deeds of Trust may be
foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes,
or its successors, and in either event interest, costs and reasonable attorney's fees of
any such action shall be added to the assessment. No Owner may waive or otherwise
escape liability for the Permanent Common Open Space or abandonment of his Lot.
Should any deficiency remain after the foreclosure, the Association may also bring an
action against the owner for said deficiency.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage and ad
valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such 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 assessments thereafter becoming due or from
the lien thereof.
Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of North Carolina shall be exempt from
the assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
Section 12. Working Capital Fund. At the time of closing of the sale of each unit a
sum equal to at least two (2) months assessment for each unit shall be collected and
transferred to the Association to be held as a working capital fund. The purpose of
said fund is to insure that the Association Board will have adequate cash available to
meet unforeseen expenses, and to acquire additional equipment or services deemed
necessary or desirable. Amounts paid into the fund shall not be considered advance
payment of regular assessments.
ARTICLE VI
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be coa mence , erected or maintained
upon the Properties, nor shall any exterior additio to o +change or alteration therein
be made until the plans and specifications shoring the nature, kind, Nape, height,
materials, and location of the same shall give have been submitted to aud'approved in
writing as to harmony of external design and location illation to surrounding
structures and topography by the Board of Director`s of the Association; or by an
architectural committee composed of three (3) or mare representatives appointed by
the Board. In the event said Board, 6-T its designated committee, fails to approve or
disapprove such design and location within thirty (30) days after said plans and
specifications have been submitted to it, approy at ill note required and this Article
will be deemed to have fully complied with.
. ARTIC VII
ANNEXATION-OF ADDITIONAL PROPERTIES
Section 1. Annexation of addiitionaj property shall require approval from the
,Association, and shah be requiredto occur within ten (10) years from the date of this
instrument, provided, howeverVthat all annexations of additional properties to the
original development desbribed in Article I hereof must contain a minimum of five
(5) acres, be contiguousjo the property previously annexed. Provided further, that no
annexation of ditional property shall have the effect of placing the original
development in violation of the of County Zoning Ordinances.
Section 2. Annexation of additional Properties shall be accomplished by recording in
the County Registry a Declaration of Annexation, duly executed, describing the lands
annexed and incorporating the provisions of this Declaration, either by reference or
by fully setting out said provisions of this Declaration. The additional lands shall be
deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent
on the part of the Association or any other person or entity shall be necessary to
accomplish the annexation, except approval by the ..............Town Council.
Section 3. Prior to the conveyance of the first lot in any newly annexed area, the
Declarant shall deliver to the Association one or more deeds conveying fee simple
title to any Permanent Common Open Space within the lands annexed free and clear
of all encumbrances and liens except utility, storm drainage and greenway easements.
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ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following
provisions:
(a) Ownership of Policies. All insurance policies upon the common
areas shall be purchased by the Association for the benefit of all the
Association and the Owners. Lot owners shall be responsible for
insurance coverage of personal property within their own unit.
(b) Coverage. All buildings and improvements and all personal property
included in the Permanent Common Open Space and facilities shall
be insured in an amount equal to one hundred percent (100) insurable
replacement value as determined annually by the Association with
the assistance of the insurance company providing coverage. Such
coverage shall provide protection against:
(1) Loss or damage by fire and other hazards covered by the
standard coverage endorsement, and
(2) Such other risks as from time to time shalrbe customarily
covered with respect to buildings on the land, if any.
(3) Such policies shall contain clause prop icling for waiver of
subrogation.
(c) Liability. Public liability insurance shall be secured b} the
Association with limits of liability of ho less than One Million and
No/100 Dollars ($1,000,000.,00) her oceuuTence and shah=include an
endorsement to cover liability of t11c Owners as a group to a single
Owner. There shall also be obtained sLich other insurance coverage
as the Association shall determine from time to time to be desirable
and necessary.
(d) Premiums. Premiwns foi insufancc polio es purchased by the
Association shall be paid hy;.thc ?'Lssoc ion and charged to the
Own rs'as an assessment according ld the provisions of Article v
above. -
(e) s Proceeds. ill insurance policies purchased by the Association shall
be for the heist,,of the Association and the Owners and their
moilQacces Js'their interest may appear, and shall provide that all
proceeds thereof sliall be payable to the Association as insurance
trustees under this Peclaration. The sole duty of the Association as
4 insurance trustees'shall be to receive such proceeds as are paid and to
hold the same in trust for the purposes stated herein or stated in the
By-La`vs and for the benefit of the Owners and their mortgages in
the following shares:
(1 Proceeds on account of damage to Permanent Common Open
Space and facilities held for the Association.
t2) In the event a mortgagee endorsement has been issued for any
Lot, the share of the Owner shall be held in trust for the
mortgagee and the Owner as their interests may appear.
Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received
by the Association as insurance trustee shall be distributed to or for the benefit of the
beneficial Owners in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees
shall be first paid or provisions made therefore.
(b) Reconstruction or Repair. The remaining proceeds shall be
paid to defray the cost of repairs. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial Owners
as above provided.
Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to
expend funds, or otherwise deal in the assets of the Association or those held in trust,
shall first be bonded by a fidelity insurer to indemnify the Association for any loss or
default in the performance of their duties in an amount equal to six (6) months'
assessments plus reserves accumulated.
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ARTICLE IX
USE RESTRICTIONS
Sectionl. Rules and Regulations. The Board of Directors of the Association shall have
the power to formulate, amend, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the front yard space of each Lot and the Permanent
Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the Violation thereof, or for the violation of any of the covenants and
conditions contained in this Declaration.
Section Z Use of Properties. No portion of the Properties (except for temporary offices
of the Declarant and/ or any model used by Declarant) shall be used except for residential
purposes and for purposes incidental or accessory thereto.
Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on
upon the Properties, nor shall anything be done which may be or may become a nuisance
or annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any kind'shall be kept or
maintained on any Lot or in any dwelling except that dogs, catsar other household pets
may be kept or maintained provided that they are not kept or, maintained for commercial
purposes. Allowed pets must be on leash when not in owner's enclosed pet area. All
pets feces must be cleaned up while on leash and in cormm4p areas.- At no time will dogs
determined to be of a dangerous breed, as specified by -Association, will be allowed.
Section S. Dwelling Specifications. No dwell in-, shall be altered without Association or
its Architectural Control Committees permission. An access y building or s; tucture for
storage or other appropriate use, shall not in excess of twvhun red fifty (2J0) square feet
in area. . No automobiles shall be parked on any street,abutting any of the lots. Excess
parking will be at parking areas provided i common areas. An owner may let or rent his
entire dwelling unit, but no portion of a' uy-(welling unit shall .be leased separately from
the rest of the unit.
Section 6. Temporary Structures. Except as hc-einbefgrq set forth, no trailer, tent,
shack, barn or other out, building other than an accessory building not more than two
hundred fifty (250) square feet in size, shall be, erected or placed on any lot covered by
these covenants. No detached garage shall at any time be used for human habitation,
either temporary or permanently.-__'
Section 7., Fences and Signs. No fence or-fencing-type barrier of any kind shall be
placed, erected, allowed or, maintained Vpon any portion of the community, including any
lot, without the prior written; consent,of the Association or its designated Architectural
Control CQ miittee. The committee may issue guidelines detailing acceptable fence
styles or specifications, but in no event shall hog wire be approved. Chain link fencing
shall not be visible from the/front (or the front and the side, in the case of a corner lot) of
any house located oil lovhaving such type of fencing. No signs shall be erected or
allowed to remain on c-ply lot except with the written consent of the Board of Directors.
4 r
Section 8. Buildings and Other Outdoor Structures. No accessory building of any
nature whatsoever (including, but limited to, detached garages, storage buildings,
doghouses, and greenhouses) shall be placed on any lot without the prior written approval
of the Architectural Control Committee, with said committee to have the sole discretion
relating to the location and type of accessory building which shall be permitted on any
lot. Under no circumstances shall metal storage buildings be permitted. All accessory
buildings must conform to the same architectural style as the residence located on the
same lot. No outside clothes lines, tree houses, playhouses, motorcycles, supplies,
tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers,
vans (other than one noncommercial van owned and operated on a regular daily basis by
the owner-occupant of the lot), campers or other equipment or vehicles, except for
operative licensed automobiles, shall be regularly parked or stored in any area on a lot
except inside an enclosed building, behind screening approved by the Homeowners'
Association or its designated Architectural Control Committee. Garbage and refuse
containers, transformers, air conditioning and other mechanical equipment, including
solar and other mechanical equipment, including solar and other alternative energy
devises shall either be concealed behind screening or integrated into the building design
8
so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play
structures, benches, sculptures, etc., shall be concealed by approved screening or
approved in writing by the Board or Architectural Control Committee as compatible and
harmonious with the surroundings.
Section 9. Appearance
No inoperable motor vehicles may be parked on any lot if visible from any road within
the subdivision. All mailboxes shall be of the same type and shall be provided to the first
permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers
shall be left at street side or visable from street and must be deposited in common trash
container provided by Association. Landscaping will be established by Declarant and
will be maintained by the Association on owners and common property.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanent Conn Open Space,
shall be subject to such easements for driveways, parking areas water lines, sanitary
sewers, storm drainage facilities, gas lines, telephone and electric`power lines and other
public utilities as shall be established by the Declarant or by its predecessors in title, prior
to the subjecting of the Properties to this Declaration;-an4,tlle Associati on shall have the
power and authority to grant and establish upon, over, under, and across the. Permanent
Common Open Space conveyed to it, such further easements as are requisite `fojethe
convenience, use and enjoyment of the Properties. hiaddition there is hereby reserved
in the Declarant and its agents and employees an ease- ont and right of ingress, egress
and regress across all Permanent Common Open Space, crow or hereafter owned by the
Association, for the purpose of constructidn. of improvements' within the Properties.
Section 2. All Lots shall be subject to eMe'ensfor,the encroachments constructed on
adjacent Lots by Declarant to the extent that sucll-ir 4iat impfovements actually encroach
including, but not limited to, Such items as overhanging ewes, gutters and downspouts
and walls.
Section 3. An easemvi t is hereb established'ovgF the Permanent Common Open Space
and facilities for the benefit of applicable governmental agencies as necessary for setting,
removing and reading of niQt?;cs, replaciuZ aid maintaining water, sewer and drainage
facilities, electrical,.telephone, gas and cable antenna lines, fire fighting, garbage
collection, postal delivery, -,emergency and rescue activities and law enforcement
activities.
Section 4. If Any dwelling' is'? located closer than five (5) feet from its lot line, so long as
such setback complies with the County Zoning Ordinances, the owner thereof shall have
a perpetual access casemep over the adjoining lot to the extent reasonable necessary to
perform repair, maintenance or reconstruction of his dwelling. Such repair, maintenance
or reconstruction shalt'be done expeditiously and, upon completion of the work, the
owner shall restore the adjoining lot to as near as the same condition as that which
prevailed prior to the commencement of the work as is reasonably practicable.
Section 5. Water and Sewer. All lot owners shall be subject to monthly charges as
approved by the proper public authorities for water and sewer for domestic usage.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of the Lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners.
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Section S. Storm Water Restriction. In accordancle with Title 15 NCAC 2H. 1000, the
Coastal Stormwater Management Regulations deed restrictions and protective covenants
are required for Low Density Residential Subdivis ons wfkrelots will be ? 6divided
and sold. Deed restrictions and protective covenants'are necessary to ensure that the
development maintains a "built-upon" area consistent ,'?Aith the applicable regulation
governing the density level. The follovving-deed restrictions and covenants must be
recorded prior to the sale of any lot:
(a) The following covenants are, intendedJo ensure ongoing compliance with
State Stoun Tinter Management Permit number , as
issued bti the Division of WateIr Quality under NCAC 2H. 1000.
(b) The State of Noilh'iCarolina is rnade a beneficiary of these covenants to
the extent necessary to maintain compliance with the stormwater
management p? mit
(c) _.'.---These covenants are to iuh'with the land and be binding on all persons and
parties cleitning,under them.
-.y(d), The covenants pertain ng to stormwater may not be altered or rescinded
without the,, e.press?.xvritten consent of the State of North Carolina,
Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take
pla,qe'withqut the concurrence of the Division of Water Quality.
(f) The maximum allowable built-upon area per lot is as follows:
Lot # BUA Lot # BUA
1-18,20 3920 SF 21-69,19 4150 SF
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
(g) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
(h) Eaeh let will maintain a 30' wide vegetated buffer- between 1111pV1 Y1V KJ
areas .,d suffaee ate
(i) All .- of drains shall to me eA to st 30' fpm the ,ti,GClI high k
water- mark
of suffaee waters.
10

Section 6. If any amendment to these covenants, conditions, and restrictions is executed,
each such amendment shall be delivered to the Board of this Association. Thereupon, the
Board of Directors shall, within thirty (30) days, do the following:
(a) Reasonably assure its self that the amendment has been executed by the
Owners of the required number of Lots. (For this purpose, the Board
may rely on its roster of members and shall not be required to cause any
title to any Lot to be examined.)
(b) Attach to the amendment a certification as to its validity, which
certification shall be excused by the Association in the same manner that
deeds are executed. The following form of certification is suggested:
Section 7. Wetland Restrictions. All of the Property subject to this Declaration of
Covenants and Restrictions shall also be subject to the following special provisions
relating to wetlands. In developing the property, the Declarant has agreed with the
Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of
Engineers) to restrict and prohibit any future filling or other detrimental activities in the
wetlands area which presently exist within the identified y tca of the Property.
Accordingly, all wetlands shown and delineated on the wetland survey plat dated
and verified by the Corps of Engineers, on ,
shall be maintained in perpetuity in their natural or mitigated condition. No person or
entity shall fill, grade, excavate, or perform any other laiid. disturbing activities; nor cut,
remove, or harm any vegetation; nor construct any structures, nor allow animal grazing or
watering or any other agricultural use on suclhl"conservation area. This co,?'enan t is
intended to ensure continued compliance with tk mitigation condition of a tfiorizations
issued by the United States of America,,,,,' t-1. S. Army 4`° Corps of
Engineers, Wilmington District, Action ID 2006-40100-067, and therefore may be
enforced by the United States of America. This covenant shall run with the land, and
shall be binding on the Owner, and all parties claiming under it.,
This Declaration must be executed and'recorded withsCarteret County Register of
Deeds prior to the selling or developing the Property.. Tip recording must also include
recording of a wetland survey verified by 'the' U.S. Aroiy Corps of Engineers and must
depict the location of all waters and wetlands\;within the boundary of the Property. The
Declarant shall provide the Corps with a copy, of the recorded restrictive covenants as
soon as possible.
Al
Secretary
Section 1. Management and Contract Rights ofAssociation. Declarant may enter
into a contract with a Management company manager for the purposes of providing
all elements of the operation, care, supervision, maintenance, and management of the
property. However, no such contract shall be binding upon the Association except
through express adoption, or ratification of the terms and conditions of such contract.
Any contract or lease entered into by Declarant or by the Association while Declarant
is in control thereof shall contain a provision allowing the Association to terminate
such contract without justification or penalty after transfer or management by the
Declarant to the Association.
Section 2. Rights of Note holders. Any institutional holder of a first mortgage on a
Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal
11
year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage, (e) receive written notice of any sixty-day (60)
delinquency in the payment of assessments or charges owed by the owner of any unit
on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or
material modifications of any insurance policy or fidelity bond maintained by the
Owners' Association, (g) receive written notice of any proposed action that requires
the content of a specified percentage or mortgage holders, and (h) be furnished with a
copy of the master insurance policy.
ARTICLE XII
ELECTRICAL SERVICE
Declarant reserves the right to subject the above-described Property to a contract with
Jones-Onslow Electric Membership Corp. for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may
require an initial payment and/or a continuing monthly payment to Jones-Onslow
Electric Membership Corp. by the Owner of each Lot witli"in said Property.
ARTICLE MIT
EMERGENCY ACCESS .
In no case shall the Association be responsible for fail ?pg,i4 provide any, emergency
or regular fire, police, or other public service to such developments or their occupants
when such failure is due to the lack of access to such*eas due to inadequate design
or construction, blocking of access routes,.or any other f4etor Within the control of the
developer, homeowners' association' or oocupants.°
IN WITNESS WBYREOF,,. Hurst-Law Group, Incy has caused this declaration to be
signed this day of '2006.
Hurst Law Group" 14C
By:
President
STATE OF NORTH CAROLINA
ONSLOW COUNTY
I, , a Notary Public in and for said
County and State, do hereby certify that on the day of , 2006,
Basil J. Hurst, personally appeared before me and acknowledged that he is the
President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged
the due execution of the foregoing instrument for and in behalf of the corporation.
Witness by hand a notary seal, this day of , 2006.
Notary Public
My commission expires:
12

O(a - 1ga-9
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NORTH CAROLINA
ONSLOW COUNTY
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
QUAIL ROOST HOMEOWNERS ASSOCIAT `f?1C.
THIS DECLARATION OF COVENANTS, C NS AND STRICTIONS
is entered into this day of , 200 , between Hu t-f, aw Group
(Hereinafter "Declarant"), and Quail Roost c erXs ciation, Inc., reinafter
"Association") and all parties hereafter acquiringf cribed proporcy.
WITNESSETH:
WHEREAS, Declarant is the owner o
Onslow, State of North Carolina, known
parcel of land more particularly described i
50, Page 93, Onslow C, r, istar of D
WHEREAS, it is i .: 1 bCst il ?c . st of the I
advantage of eve p`` ?crcif acquiring
covenants, conditions.. c, ?c der
OCCtft?'r v o
rthin a suh in the County of
04 st ing that certain tract or
?;u rs` recorded in Book of Maps
and
;larant and to the benefit, interest and
the described property that certain
ens and restrictions governing and
y be established; and
D`- ecl at. t ci sires ov'de for the preservation of the values and
I the desira ? ?, and Li ctiveness of said property; and for the continued
and operatio 4t o any creational and/ or common area.
NOW THE RE, in #sideration of the premises, the Declarant agrees with all
parties hereafte c uirin y of the property hereinafter described, that it shall be and is
hereby subject to t wing restrictions, covenants, conditions, easements,
assessments and lien elating to the use and occupancy thereof which shall be construed
as covenants running with the land which shall be binding on all parties acquiring any
right, title or interest in any of the properties and which shall inure to the benefit of each
owner thereof.
ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the County of Onslow, North Carolina, and is more particularly
described as being all of that property shown on map and survey recorded in Book of
Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as
shown on the aforesaid map. The Declarant and the Jurisdiction of the Association.
Additional properties may be subjected to these Declarations within ten (10) years from
the date of this instrument.
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ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Quail Roost Home-owners'
Association, Inc., its successors and assigns.
Section Z. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter be
bought within the jurisdiction of the Association.
Section 4. "Permanent Common Open Space" shall consist of those areas designated on
recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the
common use and enjoyment of the owners. The Declarant will convey all Permanent
Common Open Space shown on the various plats of the subdivision to the Association.
The Association shall be responsible for the repair, maintenances paving as set forth
in this Declaration.
Section 5. "Lot" shall mean and refer to any plot of land ?t on any recorded
subdivision map of the Properties with the exception of Permancrat Common Open
Space.
Section 6. "Declarant" shall mean and refer to rst-Law Group, its sa c, sors and
assigns if such successors or assigns should "r rrrore no ne unde eV r' Lot from
the Declarant for the purpose of development.
Section 7 "Common Expense" shalt-Mean and includ'
(a) All sums lawfully asses t_ e Associatit)'c t its members;
(b) Expenses of the common ea inistratio maintenance, repair, or
replacement of the Perman t Co n ace:
(c) Expenses dgtaKed to be co expens b the provisions of this
Declar ii y-Laws:
(d) Haz ,1111lit . " such other 1 urance premiums as the Declaration or
the y- I mcr? zeuire the As tion to purchase;
(e) Ad Vlilot'C11T iti [ _as sment charges lawfully levied against rcchltie members to be common expenses of the

Associate
in
REAL ESTATE
costs. Owners are responsible for mowing in
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Permanent Common Open Space and over the
common open spaces for access, ingress, and egress from and to public streets,
walkways and parking areas easement shall be
Appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) the right of the Association to suspend the voting rights of an owner for
any period during which any assessment against his/ her Lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations;
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(b) the right of the Association to dedicate or transfer all or any part of the
Permanent Common Open Space to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed
to by the members;
No such dedication or transfer shall be effective unless an instrument agreement to
such dedication or transfer signed by two-thirds (2/3) of each class of members has
been recorded, and the .............Town Council has agreed to such conveyance;
(c) the right of the Association, in accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the Permanent Common
Open Spaces and facilities and in aid thereof to mortgage said property,
and the rights of such mortgagee in said Properties shall be subordinate
to the rights of the homeowners hereunder; and
(d) The right of the Association to adopt, publish and enforce rules and
regulations as provided in Article IX.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-
Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to
the members of his/ her family, his/ her tenants, or contract purchasers who reside on the
property.
Section 3. Title to the Permanent Common Open Space. eclarant hereby
covenants for itself, its successors and assigns, that it will, { m 3. ee simple title to the
Permanent Common Open Space to the Association, f e d cle• c,f all encumbrances
and liens, prior to the conveyance of the first Lot, u ' n storm ea c ents.
Section 4. Parking Rights. The Association ' regulat the parking 611. F trailers
and other such items on the Permanent Co en Spa No private es will
be parked on assess roads within the subdivision. °x hicles will W parked on
parking areas provided.
Section S. TVAntennas and Cablevr -a t The AssociatI' Di may supply cablevision and
the cost of this service may be include al or special SC ents. The
Association may regulate or prohibit the- r? Is i o 11?auitennas on individual
lots.-
;. ARTIC IV
ME I -AND OTING RIGHTS
Section Z. Every ov7h r N' a 1??1 Ali h ' subject to assessment shall be a member of the
Ass&'ike?. Membershl?-\?tII be urtenant to and may not be separated from
ownershi t?'ay Lot whi?i s su ect to assessment.
Section 2wk?sociatioi?, all have two classes of voting membership:
.
Class A. embers shall be all Owners, with the exception of the
Declaran t, az ?I ??? all be entitled to one vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Declarant shall be a Class B member and shall be entitled to four
(4) votes for each lot owned. The class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership equals
the total vote outstanding in the Class B membership; or
(b) Upon the surrender of all Class B membership by the holder thereof .
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to common open spaces shall be shared9T-lally by the owners of
each Lot. , .,•''""
Section 2. Purpose of Assessments. The assessments
be used exclusively to promote the recreation, h
residents in the Properties and in particular for t
maintenance of the Permanent Common Ope
repair and reconstruction of private streets. v,
situated on the Permanent Common Oper p4?(
cutting and removal of weeds and grass and the-,
other maintenance or for the use and enjoyment
Space, including but not limited t,, e cost of r
the cost of labor, equipment, materi? ~ rt agei
taxes and public assessments assesst
the procurement and maintenance of
the employment of axtfirTn.s to represe' As
provision of aded x eC `L 6 -v for the re cem(
without limiti ?T}it c n c i i Lo f the fore in
and any other m?aj r?1 f r which the c
needs as mav_ar i S
the Association shall
welfare of the
S vement and
? acqlk?ition,` "
ace Nncluding th n < intenance,
vays„walks and par ` a? ` ar s
such rr] iintenance to ii1c de the
-?V(yer )trash and rukbish or any
1? 1i, Permanent Common Open
pair ujilacements and additions,
:nt an cWision, the payment of
Pct-]1],1n. Common Open Space,
et?r ce with this Declaration,
ocn when necessary, the
It o capital improvements including,
signs, paving, grading, landscaping
;iation is responsible, and such other
Sect' re ? uu Thy "? ociation stall establish and maintenance an adequate
rem e fund forth -?-io IC ance, repair and replacement of improvements to
e on area an 1, se oth > ortions of the Properties which the Association
may buigated to mii ain. uch reserve fund is to be established out of regular
Section 4. r nnual Assessment. Until January 1 of the year immediately
following the co ance of the first Lot to an Owner, the maximum monthly
assessment shal e $200.00 per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote of
membership by up to five percent (5%) of the previous year's assessment.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above the increase permitted in Section 3(a) above by a
vote of two-thirds (2/3) of each class of Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members who are voting in person or
by proxy, at a meeting duly called for this purpose, written notice of which
a shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
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merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section S. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon the Permanent Common Open Space, and in connection
with exterior maintenance, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all members not
less than thirty (30) days nor more than (60) days in advance of the meeting setting
forth of the meeting.
Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and 5.
Written notice of any meeting called for the purpose of taki action authorized
under Section 3 or 4 shall be sent to all members not less-h 'i thirty (30) days or
more than sixty (60) days in advance of the meeting. e e first such meeting called,
the presence of members or of proxies entitled to ca xt nt (60%) of all the
votes of each class of membership shall constitut I- _H1 required quorum
is not present, another meeting may be called sect the same ir.e requirement,
and the required quorum at the subsequent (?,,mg sh 11 be one-halt ?. ofthe
required quorum at the preceding meetin (0 , ich su , . quent meeti all be held
more than sixty (60) days following the preced ng.
Section 7. Uniform Rate of.
except as herein otherwise specifi??? -
Lots and shall be collected on a mo LN"1111?
assessment for Lots owned by Decl
be a lesser amount as fixed by the Bo
be less than twentS of the re
Section 8. Da o MIII a ment of.
assessments proviO .c
month followin- the
annua t' ;hL11
sha=t e paid rat- v ran
l f annual assess ? N
Y ,sessment pei i
every i subject th
Directors. ' `41e Associ- I
a cert ificates b r``
specified Lot ha :(' en
of payment of t assess
r h,:U a shall
Both <_ and special assessments shall,
tided, b as uniform rate for all
provide,-N-) ver, that the
I1` `?,rr lot oc.(ipied as a residence, may
o irec'' ??e Association, but shall not
`aar assessr;tnts for other Lots.
Assessments; Due Dates. The annual
e as to all Lots on the first day of the
}' , 7,n anent Common Open Space. Such
QLH( a' n a monthly basis. The Board of Directors
rntlfly basis. The Board of Directors shall fix the amount
wr?sre_n notice of the annual assessment snail oe sent to
z to. The due dates shall be established by the Board of
n shall, upon demand, and for a reasonable charge, furnish
officer of the Association setting forth the assessments on a
paid. Any certificate so given shall be conclusive evidence
ments stated therein.
Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the
lien against the property in the same manner in which Deeds of Trust may be
foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes,
or its successors, and in either event interest, costs and reasonable attorney's fees of
any such action shall be added to the assessment. No Owner may waive or otherwise
escape liability for the Permanent Common Open Space or abandonment of his Lot.
Should any deficiency remain after the foreclosure, the Association may also bring an
action against the owner for said deficiency.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage and ad
valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer. No sale or transfer shall
5
relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of North Carolina shall be exempt from
the assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
Section 12. Working Capital Fund. At the time of closing of the sale of each unit a
sum equal to at least two (2) months assessment for each unit shall be collected and
transferred to the Association to be held as a working capital fund. The purpose of
said fund is to insure that the Association Board will have adequate cash available to
meet unforeseen expenses, and to acquire additional equipment or services deemed
necessary or desirable. Amounts paid into the fund shall not be considered advance
payment of regular assessments.
ARTICLE VI
ARCHITECTURAL CO
No building, fence, wall or other structure shall be
upon the Properties, nor shall any exterior additi
be made until the plans and specifications sh n
materials, and location of the same shall ??
writing as to harmony of external design d J?..
structures and topography by the Board of Direc'tr
architectural committee compose of three (3) or r
c mencc ected or maintained
o change 1 teration therein
g the nature, kin rape, height,
be, submitted to d a proved in
i nn i i ation to surr ding
i . ? the ssociation, or by an
the Board. In the event said Boar-.its designated
disapprove such design and locatooi irty (30)h
specifications have been submitted to, t, ap i l l n t
will be deemed to have fully complie it
ARTI VII
ANNEN,V
entatives appointed by
ee, fails to approve or
Ar said plans and
required and this Article
IONAL PROPERTIES
Se - b' 1. Annex ic'N o 1 ,i'1 i'' n 01 property shall require approval from the
tion, and sha -t ? requi o occur within ten (10) years from the date of this
inst_ , providedc eve that all annexations of additional properties to the
original ` lopment d ribed in Article I hereof must contain a minimum of five
(5) acres, J .-"2ntiguoll o the property previously annexed. Provided further, that no
annexation of Icftiol property shall have the effect of placing the original
development in v" tion of the of County Zoning Ordinances.
Section 2. Annexation of additional Properties shall be accomplished by recording in
the County Registry a Declaration of Annexation, duly executed, describing the lands
annexed and incorporating the provisions of this Declaration, either by reference or
by fully setting out said provisions of this Declaration. The additional lands shall be
deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent
on the part of the Association or any other person or entity shall be necessary to
accomplish the annexation, except approval by the ..............Town Council.
Section 3. Prior to the conveyance of the first lot in any newly annexed area, the
Declarant shall deliver to the Association one or more deeds conveying fee simple
title to any Permanent Common Open Space within the lands annexed free and clear
of all encumbrances and liens except utility, storm drainage and greenway easements.
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ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following
provisions:
Section 2. Distribution of Insurance
by the Association as
beneficial Owners
Section 3. Fidelity Insurance or
expend funds, or
shall first be bon
default in the per
assessments plus
(a) Ownership of Policies. All insurance policies upon the common
areas shall be purchased by the Association for the benefit of all the
Association and the Owners. Lot owners shall be responsible for
insurance coverage of personal property within their own unit.
(b) Coverage. All buildings and improvements and all personal property
included in the Permanent Common Open Space and facilities shall
be insured in an amount equal to one hundred percent (100) insurable
replacement value as determined annually by the Association with
the assistance of the insurance company providing coverage. Such
coverage shall provide protection against:
(1) Loss or damage by fire and other hazards covered by the
standard coverage endorsement, an?
(2) Such other risks as from time to tiny shal be customarily
covered with respect to buildiii le land, if any.
(3) Such policies shall contain c se pro i g for waiver of
subrogation.
the
(c) Liability. Public liability ins s all be secure.
Association with limits of Fa Zl ilit , of o less than On sV?il n and
No/100 Dollars ($1,000, 00. • 0 )k r n ence and sh include an
endorsement to cover liability ` ' wne s as a group to a single
Owner. There shall also be obtain ,Wch other insurance coverage
as the Associatioi shre determine fra?,,tt e to time to be desirable
and necessary.'"„
(d) Premiums. Premiu l?) rq1x) lic,?spurchased by the
Association shall be p?'d hr?the"??te ion and charged to the
Ow n assess me ccordin the provisions of Article v
tr ovc.
(e) )4eeds. l insurance i ' s purchased by the Association shall
be r--? rr frt of the As ' ciation and the Owners and their
?>--?mur??, as z i? t may appear, and shall provide that all
of shall e payable to the Association as insurance
ti yt uncfi tkjs eclaration. The sole duty of the Association as
insu-. aii ?e t sC - shall be to receive such proceeds as are paid and to
hold t d ame n trust for the purposes stated herein or stated in the
\\the By-La and for the benefit of the Owners and their mortgages in
fo wing shares:
Proceeds on account of damage to Permanent Common Open
Space and facilities held for the Association.
In the event a mortgagee endorsement has been issued for any
Lot, the share of the Owner shall be held in trust for the
mortgagee and the Owner as their interests may appear.
Proceeds. Proceeds of insurance policies received
insurance trustee shall be distributed to or for the benefit of the
in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees
shall be first paid or provisions made therefore.
(b) Reconstruction or Repair. The remaining proceeds shall be
paid to defray the cost of repairs. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial Owners
as above provided.
Bond. All persons responsible for or authorized to
otherwise deal in the assets of the Association or those held in trust,
ded by a fidelity insurer to indemnify the Association for any loss or
formance of their duties in an amount equal to six (6) months'
reserves accumulated.
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ARTICLE IX
USE RESTRICTIONS
Section]. Rules and Regulations. The Board of Directors of the Association shall have
the power to formulate, amend, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the front yard space of each Lot and the Permanent
Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the Violation thereof, or for the violation of any of the covenants and
conditions contained in this Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary offices
of the Declarant and/ or any model used by Declarant) shall be used except for residential
purposes and for purposes incidental or accessory thereto.
Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on
upon the Properties, nor shall anything be done which may be or may become a nuisance
or annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any
maintained on any Lot or in any dwelling except that dogs, c,
may be kept or maintained provided that they are not kept r
purposes. Allowed pets must be on leash when not
pets feces must be cleaned up while on leash and in c
determined to be of a dangerous breed, as specified,?oc
Section S. Dwelling Specifications. No dwel shall b1N
its Architectural Control Committees permis ion. acce
storage or other appropriate use, shall not in excess}
in area. . No automobiles shall be p ked on any stree
parking will beat parking areas provii, common area.f'
entire dwelling unit, but no portion of ling unit sih a
the rest of the unit.
Section 6. Temporary S net res. Excep%
shack, barn or other o a bt`' '''n';_ other than
hundred fifty (250 dclr? ur(z lest .size, shall b
these covenants. o hc?a age shall at
1 be kept or
o?all
r household pets
tained for commercial
s used pet area. All
ash. no time will dogs
ion, 1 bz, allowed.
-d without3-iation or
building or §,zacture for
undred fifty (250) square feet
sting any of the lots. Excess
,\n owner may let or rent his
Cased separately from
forth, no trailer, tent,
f building not more than two
or placed on any lot covered by
be used for human habitation,
either temporary or Esc rmr r??? ?-
Pr
Control i ittee. The 4i) itt may issue guidelines detailing acceptable fence
styles or sperm at ions, bui? no event shall hog wire be approved. Chain link fencing
shall not be vis`it'44'?,c#om t Front (or the front and the side, in the case of a corner lot) of
any house locateci~ O 4 1 aving such type of fencing. No signs shall be erected or
allowed to remain y lot except with the written consent of the Board of Directors.
SectieAected, I cnrc orencing-type barrier of any kind shall be
place allow?c;??? n??l>>'r?i?l?l?pon any portion of the community, including any
lot, the prior wr ?? e?>>lse _? the Association or its designated Architectural
Section 8. Buildings and Other Outdoor Structures. No accessory building of any
nature whatsoever (including, but limited to, detached garages, storage buildings,
doghouses, and greenhouses) shall be placed on any lot without the prior written approval
of the Architectural Control Committee, with said committee to have the sole discretion
relating to the location and type of accessory building which shall be permitted on any
lot. Under no circumstances shall metal storage buildings be permitted. All accessory
buildings must conform to the same architectural style as the residence located on the
same lot. No outside clothes lines, tree houses, playhouses, motorcycles, supplies,
tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers,
vans (other than one noncommercial van owned and operated on a regular daily basis by
the owner-occupant of the lot), campers or other equipment or vehicles, except for
operative licensed automobiles, shall be regularly parked or stored in any area on a lot
except inside an enclosed building, behind screening approved by the Homeowners'
Association or its designated Architectural Control Committee. Garbage and refuse
containers, transformers, air conditioning and other mechanical equipment, including
solar and other mechanical equipment, including solar and other alternative energy
devises shall either be concealed behind screening or integrated into the building design
8

so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play
structures, benches, sculptures, etc., shall be concealed by approved screening or
approved in writing by the Board or Architectural Control Committee as compatible and
harmonious with the surroundings.
Section 9. Appearance
No inoperable motor vehicles may be parked on any lot if visible from any road within
the subdivision. All mailboxes shall be of the same type and shall be provided to the first
permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers
shall be left at street side or visable from street and must be deposited in common trash
container provided by Association. Landscaping will be established by Declarant and
will be maintained by the Association on owners and common property.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanen I I n Open Space,
shall be subject to such easements for driveways, parking ar water lines, sanitary
sewers, storm drainage facilities, gas lines, telephone an ct wer lines and other
public utilities as shall be established by the Declaran o its p , essors in title, prior
to the subjecting of the Properties to this Declarat c t e Associ shall have the
power and authority to grant and establish upon., er, under, and across h Permanent
Common Open Space conveyed to it, such fu ',r,aseme as are requish'f the
convenience, use and enjoyment of the Properties. Vii. add' there is her reserved
in the Declarant and its agents and employees an eas 'a. and right of ingress, egress
and regress across all Permanent Common Open Space, or hereafter owned by the
Association, for the purpose of cons uan of improvers [ ithin the Properties.
Section Z All Lots shall be subject to e,?,_ eme the onci-6, ents constructed on
adjacent Lots by Declarant to the extent tl? t su , ?ji- vements actually encroach
including, but not limite4-tCf?-s ch items as anging es, gutters and downspouts
and walls.
Section 3. An ede'ii t?k hei established = the Permanent Common Open Space
and facilities for the he]YI? l i ale gove ental agencies as necessary for setting,
removing a Fl-tai 1 Il?? ti cp 4 `? maintaining water, sewer and drainage
facilities; lce? trig' and cable antenna lines, fire fighting, garbage
colle btu i, postal deli cni? d rescue activities and law enforcement
Section 4.v dwelling )located closer than five (5) feet from its lot line, so long as
County Zoning Ordinances, the owner thereof shall have
e
such setback ? lies ;?q
a perpetual acce over the adjoining lot to the extent reasonable necessary to
perform repair, mairc Vince or reconstruction of his dwelling. Such repair, maintenance
or reconstruction sh;?be done expeditiously and, upon completion of the work, the
owner shall restore the adjoining lot to as near as the same condition as that which
prevailed prior to the commencement of the work as is reasonably practicable.
Section S. Water and Sewer. All lot owners shall be subject to monthly charges as
approved by the proper public authorities for water and sewer for domestic usage.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of the Lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners.
it
d t
d
il R
t i
li 4 10
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f
feet of built U
eii
f 275
m
e
o a inei
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(a) Qua
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s
h h ; "ludo" 27
000 ,
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um e
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- r;,tufe developmentD°taile
f
,
squaf
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f
th
ft
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d
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t area must be
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d
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w.,......: :. t ...... ?... ?r.......
Section S. Storm Water Restriction. In accord with Title 15 NCAC X3,,1000, the
Coastal Stormwater Management Regulation e restri ons and prote ovena
are required for Low Density Residential Subd1 ??us lots will be tbdivided
and sold. Deed restrictions and protective covenants ° .,.•i_ cessary to ensure that the
..
development maintains a "built-upoii' area consistent the applicable regulation
governing the density level. The follo? in'?deed restrict of'r? covenants must be
recorded prior to the sale of any lot: (a) The following covenants a' inte ` oo' ? -tongoing compliance with
rt r Managem ermit n er , as
State St7?te
of Wa Quality nder NCAC 2H. 1000.
issued_ ` ion
(b) Th ? leaVi,?'h Carolina is de a beneficiary of these covenants to
the exte i rwcL, aty to maintain pliance with the stormwater
?Ina1] i????n?? L
(cZ r `? SC L??) \ km? 1, t ? to run " h the land and be binding on all persons and
partie4 14 Bing 6or them.
The cove s perta?? g to stormwater may not be altered or rescinded
without th e, res tten consent of the State of North Carolina,
ivision of ater Quality.
(e) ration o- ' he drainage as shown on the approved plan may not take
p it (jut the concurrence of the Division of Water Quality.
(f) The i0 ' inurn allowable built-upon area per lot is as follows:
Lot # BUA Lot # BUA
1-18,20 3920 SF 21-69,19 4150 SF
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
(g) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
(h) Eaeh let v411 maintain a 30' wide vegetated buffer- between impen'ieus
areas an surfaee waters.
(i) All of dr-ains shall te .,te at least 30' f om the meaii i,igii ? i
watw°r uaarn
of sth-faee .,te
10
Section 6. If any amendment to these covenants, conditions, and restrictions is executed,
each such amendment shall be delivered to the Board of this Association. Thereupon, the
Board of Directors shall, within thirty (30) days, do the following:
(a) Reasonably assure its self that the amendment has been executed by the
Owners of the required number of Lots. (For this purpose, the Board
may rely on its roster of members and shall not be required to cause any
title to any Lot to be examined.)
(b) Attach to the amendment a certification as to its validity, which
certification shall be excused by the Association in the same manner that
deeds are executed. The following form of certification is suggested:
Section 7 Wetland Restrictions. All of the Property subject to this Declaration of
Covenants and Restrictions shall also be subject to the following special provisions
relating to wetlands. In developing the property, the Declarant has agreed with the
Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of
Engineers) to restrict and prohibit any future filling or other detrimental activities in the
wetlands area which presently exist within the identifie?' a of the Property.
Accordingly, all wetlands shown and delineated on the';?,-Vctlancr survey plat dated
and verified by the Corps of
shall be maintained in perpetuity in their natural or mi
entity shall fill, grade, excavate, or perform any ohe -
remove, or harm any vegetation; nor construct an c
watering or any other agricultural use on sta conser?
intended to ensure continued compliance wi#6'N- `k?l"tigat
issued by the United States of Anr °rl' .-
Engineers, Wilmington District, Action ID 2006-
enforced by the United States of Anita. This covens
shall be binding on the Owner, and all',' -aiming um
This Declaration must be executeX
Deeds prior to the selling or developing
recording of a wetland-'-,',erified by
depict the location al 111 «<<t?N Ind wetla
Declarant shall pi o' i t the C( s with a
soon as possible. ?.
B
SEAL)j
ATTEST:
Secretary
ted`%Odition. No person or
disturtnliYaactivities; nor cut,
nor anoe? mai grazing or
>n area. "kiis, c enant is
condition of Zorizations
06. Army 4' Corps of
-067, and therefore may be
\,ghall run with the land, and
?lfil4l ?? itltkarteret County Register of
aerecording must also include
P1-
orps of Engineers and must
U.S. !t?K
within the boundary of the Property. The
the recorded restrictive covenants as
Section 1. Management and Contract Rights of Association. Declarant may enter
into a contract with a Management company manager for the purposes of providing
all elements of the operation, care, supervision, maintenance, and management of the
property. However, no such contract shall be binding upon the Association except
through express adoption, or ratification of the terms and conditions of such contract.
Any contract or lease entered into by Declarant or by the Association while Declarant
is in control thereof shall contain a provision allowing the Association to terminate
such contract without justification or penalty after transfer or management by the
Declarant to the Association.
Section 2. Rights of Note holders. Any institutional holder of a first mortgage on a
Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal
11
year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage, (e) receive written notice of any sixty-day (60)
delinquency in the payment of assessments or charges owed by the owner of any unit
on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or
material modifications of any insurance policy or fidelity bond maintained by the
Owners' Association, (g) receive written notice of any proposed action that requires
the content of a specified percentage or mortgage holders, and (h) be furnished with a
copy of the master insurance policy.
ARTICLE XII
ELECTRICAL SERVICE
Declarant reserves the right to subject the above-described Property to a contract with
Jones-Onslow Electric Membership Corp. for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may
require an initial payment and/or a continuing monthly payry Jones-Onslow
Electric Membership Corp. by the Owner of each Lot wiELiin sal Property.
ARTICL
EMERGEN. r
A
In no case shall the Association be responsible o? ,ti
or regular fire, police, or other public service to s ' lh
when such failure is due to the laf access to sucTi
or construction, blocking of access or any othet
developer, homeowners' associatiori )i ?s.
IN WITNESS W
signed this
t-:,' Law Group,
By:
President
R f S Hurst-La V4
06
STATE OF NORTH CAROLINA
ONSLOW COUNTY
SS
?-N provide an*emergency
L %% clopments or their occupants
r? is due to inadequate design
tc?c?r within the control of the
caused this declaration to be
I, , a Notary Public in and for said
County and State, do hereby certify that on the day of , 2006,
Basil J. Hurst, personally appeared before me and acknowledged that he is the
President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged
the due execution of the foregoing instrument for and in behalf of the corporation.
Witness by hand a notary seal, this day of , 2006.
Notary Public
My commission expires:
12

du - lgacj
7
Jv>
NORTH CAROLINA
ONSLOW COUNTY
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
QUAIL ROOST HOMEOWNERS ASSOCIA
THIS DECLARATION OF COVENANTS, C,
is entered into this day of
(Hereinafter "Declarant"), and Quail Roost
"Association") and all parties hereafter acquiring
WITNESSETH:
WHEREAS, Declarant is the owner o w
Onslow, State of North Carolina, known (
parcel of land more particularly described %W
50, Page 93, Onslow C q, gistar of D
WHEREAS, it is ip,fl h??t >> st of the I
advantage of eve p1?cr? tt acquiring
covenants, conditions, ,, assrnpr
?z7? v
regulating ..i... lLs? uccu N_`*?
CTIONS
200k, between Hu -'?. aw Group
4 ers sociation, Inc , - reinaftei
q,?J cribed prop ry.
ithin a suN in the County of
s . and mg that certain tract or
??v,yiy recorded in Book of Maps
and
rant and to the benefit, interest and
pf the described property that certain
ens and restrictions governing and
be established; and
Declar icy ? ov'de for the preservation of the values and
the desirak?l rtv and ctiveness of said property; and for the continued
end operatioq, 0f any creational and/ or common area.
NOW THE RE, in c? 5 sideration of the premises, the Declarant agrees with all
parties hereafte c hiring/ iy of the property hereinafter described, that it shall be and is
hereby subject to th: a,.? wing restrictions, covenants, conditions, easements,
assessments and lien elating to the use and occupancy thereof which shall be construed
as covenants running with the land which shall be binding on all parties acquiring any
right, title or interest in any of the properties and which shall inure to the benefit of each
owner thereof.
ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the County of Onslow, North Carolina, and is more particularly
described as being all of that property shown on map and survey recorded in Book of
Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as
shown on the aforesaid map. The Declarant and the Jurisdiction of the Association.
Additional properties may be subjected to these Declarations within ten (10) years from
the date of this instrument.
1
S?
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Quail Roost Home-owners'
Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter be
bought within the jurisdiction of the Association.
Section 4. "Permanent Common Open Space" shall consist of those areas designated on
recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the
common use and enjoyment of the owners. The Declarant will convey all Permanent
Common Open Space shown on the various plats of the subdivision to the Association.
The Association shall be responsible for the repair, maintenance al A` repaving as set forth
in this Declaration.
Section S. "Lot" shall mean and refer to an plot of lan:ZPerma tiRon an recorded
subdivision map of the Properties with the exception eption of jc` t Common Open
Space.
Section 6. "Declarant" shall mean and refer
assigns if such successors or assigns should 4
the Declarant for the purpose of development.
Section 7 "Common Expense" shalean and
(a) All sums lawfully assesse 1?--k
(b) Expenses of the common
replacement of the Perman L Co
(c) Expenses deetare,d,to be co t p
Declarii > G: y-Laws
(d) Haz 1 i t v, t such other 1 ;
the y- . .??,I I? I' uire the Ass
vul ,r?nii}?1z?S
(e) Ad
I'first-Law Group, its s&?,c,\ssors and
r, more t o one undevL' Lot from
include
Associat,airt its members;
"'Idgnmistr,ai?ti namtenance, repair, or
the provisions of this
.ce premiums as the Declaration or
ion to purchase;
nt charges lawfully levied against
members to be common expenses of the
costs. Owners are responsible for mowing in
ARTICLE III
ZOPERTY RIGHTS
REAL ESTATE
Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Permanent Common Open Space and over the
common open spaces for access, ingress, and egress from and to public streets,
walkways and parking areas easement shall be
Appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) the right of the Association to suspend the voting rights of an owner for
any period during which any assessment against his/ her Lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations;
2
(b) the right of the Association to dedicate or transfer all or any part of the
Permanent Common Open Space to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed
to by the members;
No such dedication or transfer shall be effective unless an instrument agreement to
such dedication or transfer signed by two-thirds (2/3) of each class of members has
been recorded, and the .............Town Council has agreed to such conveyance;
(c) the right of the Association, in accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the Permanent Common
Open Spaces and facilities and in aid thereof to mortgage said property,
and the rights of such mortgagee in said Properties shall be subordinate
to the rights of the homeowners hereunder; and
(d) The right of the Association to adopt, publish and enforce rules and
regulations as provided in Article IX.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-
Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to
the members of his/ her family, his/ her tenants, or contract purchasers who reside on the
property. ?.
Section 3. Title to the Permanent Common Open Space. T,h'o eclarant hereby
covenants for itself, its successors and assigns, that it wil . n°`Cee simple title to the
Permanent Common Open Space to the Association, e cl o all encumbrances
and liens, prior to the conveyance of the first Lot, u ' n storm e',- i?ients.
Section 4. Parking Rights. The Association im regulat the parking o` ats, trailers
and other such items on the Permanent Comm ( cn Spa No private ?e es will
be parked on assess roads within the subdivision. ll?,x hicles wil parked on
parking areas provided.
Section S. TVAntennas and Cablev The Associat ,,,T, ay supply cablevision and
the cost of this service may be include m or specie] ents. The
Association may regulate or prohibit thee tx i ointennas on individual
lots.
ARTIC V
Mh1t1 eAN.. OTING RIGHTS
. Every owf? 1 it lu l-tech ' subject to assessment shall be a member of the
i?? Membershi)i s rill be a urtenant to and may not be separated from
n ,of anv Lot whichs su ect to assessment.
Section 2. T1 ''k sociatio i 4hall have two classes of voting membership:
Class A. ??, ?'embers shall be all Owners, with the exception of the
Declarant, atr ?1 all be entitled to one vote for each Lot owned. When more than
one person ht?lds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Declarant shall be a Class B member and shall be entitled to four
(4) votes for each lot owned. The class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership equals
the total vote outstanding in the Class B membership; or
(b) Upon the surrender of all Class B membership by the holder thereof .
3
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to common open spaces shall be shared eoµially by the owners of
each Lot.
Section 2. Purpose of Assessments. The assessments
be used exclusively to promote the recreation, heal
residents in the Properties and in particular for t1?4
maintenance of the Permanent Common Open. ace,
repair and reconstruction of private streets, 4i veways
situated on the Permanent Common Opere " uch
cutting and removal of weeds and grass and thet., 1
other maintenance or for the use and enjoyment oT`
Space, including but not limited t ? 11;e cost of repairs
CL11agement aii
the cost of labor, equipment, mater
III
the Association shall
;welfare of the
Mvement and
ncluding tl
walks and
ice to ia)Zde the
and rubbish or any
Common Open
its and additions,
.on, the payment of
taxes and public assessments assessc? agai 't Pmrma« 'Common Open Space,
the procurement and maintenance of i ur Coo ce with this Declaration,
the employment of ,s to represe Associ n when necessary, the
provision of adeq t of r for the re cement o capital improvements including,
without limitir}, `cnclrl,? of the fore in g, signs, paving, grading, landscaping
and any other mayor c ?( n? 11)r which the Sociation is responsible, and such other
needs as ma.?aris??. ?
Sectr i' ?e Tl ? ciation shall establish and maintenance an adequate
rest` ve fund for th ?i? lac ance, repair and replacement of improvements to
oth ortions of the Properties which the Association
e on area an
may b c ligated to m? irtain. uch reserve fund is to be established out of regular
assessmek fpr commgt expense.
Section 4. 1tit /e$200.00 nnual Assessment. Until January 1 of the year immediately
following the ccc e of the first Lot to an Owner, the maximum monthly
assessment shat per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote of
membership by up to five percent (5%) of the previous year's assessment.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above the increase permitted in Section 3(a) above by a
vote of two-thirds (2/3) of each class of Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members who are voting in person or
by proxy, at a meeting duly called for this purpose, written notice of which
a shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
4
merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section S. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon the Permanent Common Open Space, and in connection
with exterior maintenance, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all members not
less than thirty (30) days nor more than (60) days in advance of the meeting setting
forth of the meeting.
Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and S.
ction authorized
Written notice of any meeting called for the purpose of takin, ?th
30) days or
under Section 3 or 4 shall be sent to all members not less f•ln (
more than sixty (60) days in advance of the meeting. .I First such meeting called,
the presence of members or of proxies entitled to casV xty ;1'C*t (60%) of all the
votes of each class of membership shall constitr 1 hc?required quorum
is not present, another meeting may be called } ect t he same i' t, T c e requirement,
and the required quorum at the subsequent i*eting sh 11 be one-halt" othe
required quorum at the preceding meeting'. _1 s Ich sins quent meeti 4'all be held
more than sixty (60) days following the preced `;: t?k' ng.
Section 7 Uniform Rate of Ass smex
except as herein otherwise specif&]
Lots and shall be collected on a mo i
assessment for Lots owned by Deel
be a lesser amount as fixed by the Bo
be less than twenty c ?,o) of the re
Section 8. Dam olnnic kt ment of.
assessments provii (T',L' i' ll? in shall
e s f''.i
month following, the ? Df;_tj
annua m nGn? h.if h?k? ?)a d rata9
paid
as
every G i e subject
DirectorAsso
a certificate s ,r d b
specified Lot ha , L s
of payment of t as!
Both and special assessments shall,
Tided, be fi *Xit a uniform rate for all
i?. providc' Nl,?c? ver, that the
not oc?tpied as a residence, may
0 irec o e Association, but shall not
it assessfor other Lots.
P Assessments; Due Dates. The annual
e as to all Lots on the first day of the
ent Common Open Space. Such
a monthly basis. The Board of Directors
I a ikt ly basis. The Board of Directors shall fix the amount
%,L agan t ch Lot at least thirty (30) days in advance of each
Wr en notice of the annual assessment shall be sent to
?z to. The due dates shall be established by the Board of
)on shall, upon demand, and for a reasonable charge, furnish
n officer of the Association setting forth the assessments on a
n paid. Any certificate so given shall be conclusive evidence
ssments stated therein.
Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the
lien against the property in the same manner in which Deeds of Trust may be
foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes,
or its successors, and in either event interest, costs and reasonable attorney's fees of
any such action shall be added to the assessment. No Owner may waive or otherwise
escape liability for the Permanent Common Open Space or abandonment of his Lot.
Should any deficiency remain after the foreclosure, the Association may also bring an
action against the owner for said deficiency.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage and ad
valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer. No sale or transfer shall
5
relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of North Carolina shall be exempt from
the assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
Section 12. Working Capital Fund. At the time of closing of the sale of each unit a
sum equal to at least two (2) months assessment for each unit shall be collected and
transferred to the Association to be held as a working capital fund. The purpose of
said fund is to insure that the Association Board will have adequate cash available to
meet unforeseen expenses, and to acquire additional equipment or services deemed
necessary or desirable. Amounts paid into the fund shall not be considered advance
payment of regular assessments.
ARTICLE VI
ARCHITECTURAL CO
No building, fence, wall or other structure shall be
upon the Properties, nor shall any exterior addi`
be made until the plans and specifications sh ? nl
materials, and location of the same shall gam?' °. 1?
writing as to harmony of external design andsl
structures and topography by the Board of Dire(,
architectural committee compose of three (3) or r
?menc?ected or maintained
o change e e ?teration therein
the nature, kin az e, height,
beet submitted to d", roved in
on
the
ion to surrViding
ssociation, or by an
entatives appointed by
ee, fails to approve or
Ar said plans and
required and this Article
the Board. In the event said Boarc«i.ts designated i'F
disapprove such design and locatioi ? fi irty (30) (1:7
specifications have been submitted -*t. 11) Gill ii
will be deemed to have fully complied ;itl,
/"s;?? ) t ARTI VII
ANNEtA?CI ;Ai:Q. IONAL PROPERTIES
Seef'on 1. Annex: tkA,1 1', iNdIli n property shall require approval from the
Ass' tion, and sh b r ? (l f o occur within ten (10) years from the date of this
instA N t. provided, o veve that all annexations of additional properties to the
original ' vglopment d ribed in Article I hereof must contain a minimum of five
(5) acres, b L tiguour o the property previously annexed. Provided further, that no
annexation tY. tV ? l property shall have the effect of placing the original
development in 1,action of the of County Zoning Ordinances.
Section 2. Annexation of additional Properties shall be accomplished by recording in
the County Registry a Declaration of Annexation, duly executed, describing the lands
annexed and incorporating the provisions of this Declaration, either by reference or
by fully setting out said provisions of this Declaration. The additional lands shall be
deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent
on the part of the Association or any other person or entity shall be necessary to
accomplish the annexation, except approval by the ..............Town Council.
Section 3. Prior to the conveyance of the first lot in any newly annexed area, the
Declarant shall deliver to the Association one or more deeds conveying fee simple
title to any Permanent Common Open Space within the lands annexed free and clear
of all encumbrances and liens except utility, storm drainage and greenway easements.
6
ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following
provisions:
(a) Ownership of Policies. All insurance policies upon the common
areas shall be purchased by the Association for the benefit of all the
Association and the Owners. Lot owners shall be responsible for
insurance coverage of personal property within their own unit.
(b) Coverage. All buildings and improvements and all personal property
included in the Permanent Common Open Space and facilities shall
be insured in an amount equal to one hundred percent (100) insurable
replacement value as determined annually by the Association with
the assistance of the insurance company providing coverage. Such
coverage shall provide protection against:
(1) Loss or damage by fire and other hazards covered by the
standard coverage endorsement, and
(2) Such other risks as from time to tip e s' hall'be customarily
covered with respect to buildiil f e land, if any.
(3) Such policies shall contain c se pr tai g for waiver of
subrogation. (c) Liability. Public liability ins, ?''' nce s all be secur the
Association with limits of ala.ilit - of ° less thanOn A'. n and
No/100 Dollars ($1,000,?0)er od. ence and sh nclude an
endorsement to cover liability' €F? wne s as a group to a single
Owner. There shall also be obtain ich other insurance coverage
as the Associatiol s determine fir 'ei e to time to be desirable
and necessary.
(d) Premiums. Premiuh for'ra? cc II jes purchased by the
Association shall be d I?t' e ion and charged to the
Oassessme a?ccordin the provisions of Article v
,ar
A- C.
(e) I 1 %;ecrdr. 1 1 insurance s purchased by the Association shall
be f,' r 6c 1 it fit of the As ciation and the Owners and their
is t may appear, and shall provide that all
cccds tc t:shall e payable to the Association as insurance
ti Nte ? «t, is eclaration. The sole duty of the Association as
ins i ?e trust shall be to receive such proceeds as are paid and to
hold t e ame n trust for the purposes stated herein or stated in the
By-Laj and for the benefit of the Owners and their mortgages in
the fo l wing shares:
Proceeds on account of damage to Permanent Common Open
Space and facilities held for the Association.
In the event a mortgagee endorsement has been issued for any
Lot, the share of the Owner shall be held in trust for the
mortgagee and the Owner as their interests may appear.
Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received
by the Association as insurance trustee shall be distributed to or for the benefit of the
beneficial Owners in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees
shall be first paid or provisions made therefore.
(b) Reconstruction or Repair. The remaining proceeds shall be
paid to defray the cost of repairs. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial Owners
as above provided.
Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to
expend funds, or otherwise deal in the assets of the Association or those held in trust,
shall first be bonded by a fidelity insurer to indemnify the Association for any loss or
default in the performance of their duties in an amount equal to six (6) months'
assessments plus reserves accumulated.
7
ARTICLE IX
USE RESTRICTIONS
Sectionl. Rules and Regulations. The Board of Directors of the Association shall have
the power to formulate, amend, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the front yard space of each Lot and the Permanent
Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the Violation thereof, or for the violation of any of the covenants and
conditions contained in this Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary offices
of the Declarant and/ or any model used by Declarant) shall be used except for residential
purposes and for purposes incidental or accessory thereto.
Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on
upon the Properties, nor shall anything be done which may be or may become a nuisance
or annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any ki
maintained on any Lot or in any dwelling except that dogs, c??t dr c
maybe kept or maintained provided that they are not kept pi,. Ji tc
purposes. Allowed pets must be on leash when not in o r 5 eia?c:2
pets feces must be cleaned up while on leash and in c areas.
determined to be of a dangerous breed, as specifie ooiation,
Section S. Dwelling Specifications. No dwel ' ) -,hall b
its Architectural Control Committees permis ion. acce
storage or other appropriate use, shall not in excess?
in area.. No automobiles shall be p ked on any street?-i _
parking will be at parking areas provi?? hi common area-,,
entire dwelling unit, but no portion of ling unit s1w
the rest of the unit.
be kept or
household pets
I for commercial
pet area. All
Zo time will dogs
he allowed.
,rest withou o atton or
building or,?tructure for
red fifty (250) square feet
ig any of the lots. Excess
n owner may let or rent his
cased separately from
Section 6. Temporary S rwetures. Excep reinbe 6 r et forth, no trailer, tent,
shack, barn or other o? TTrI other than accessor uilding not more than two
hundred fifty (250 e rl c l?ct 1 ?ize, shall b 1rected or placed on any lot covered by
these covenants. ??? t?i411c 1 -VLtge shall at ah-?_I ime be used for human habitation,
either temporary or p?:ri Section 7?'e'Ytr ` irz Si, ns c i n c c or encing-type barrier of any kind shall be
?ected, allows}n?n??t??t pon any portion of the community, including any
place
lot, i l the prior wrr vr c rise the Association or its designated Architectural
Control ittee. The . Tmitt may issue guidelines detailing acceptable fence
styles or spe-1,,, ations, butF i no event shall hog wire be approved. Chain link fencing h1Z
shall not be visf'? om front (or the front and the side, in the case of a corner lot) of
any house locatecM't i a l aving such type of fencing. No signs shall be erected or
allowed to remain oiL ? y lot except with the written consent of the Board of Directors.
Section 8. Buildings and Other Outdoor Structures. No accessory building of any
nature whatsoever (including, but limited to, detached garages, storage buildings,
doghouses, and greenhouses) shall be placed on any lot without the prior written approval
of the Architectural Control Committee, with said committee to have the sole discretion
relating to the location and type of accessory building which shall be permitted on any
lot. Under no circumstances shall metal storage buildings be permitted. All accessory
buildings must conform to the same architectural style as the residence located on the
same lot. No outside clothes lines, tree houses, playhouses, motorcycles, supplies,
tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers,
vans (other than one noncommercial van owned and operated on a regular daily basis by
the owner-occupant of the lot), campers or other equipment or vehicles, except for
operative licensed automobiles, shall be regularly parked or stored in any area on a lot
except inside an enclosed building, behind screening approved by the Homeowners'
Association or its designated Architectural Control Committee. Garbage and refuse
containers, transformers, air conditioning and other mechanical equipment, including
solar and other mechanical equipment, including solar and other alternative energy
devises shall either be concealed behind screening or integrated into the building design
so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play
structures, benches, sculptures, etc., shall be concealed by approved screening or
approved in writing by the Board or Architectural Control Committee as compatible and
harmonious with the surroundings.
Section 9. Appearance
No inoperable motor vehicles may be parked on any lot if visible from any road within
the subdivision. All mailboxes shall be of the same type and shall be provided to the first
permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers
shall be left at street side or visable from street and must be deposited in common trash
container provided by Association. Landscaping will be established by Declarant and
will be maintained by the Association on owners and common property.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanen n ` n Open Space,
shall be subject to such easements for driveways, parking ar >1' water lines, sanitary
sewers, storm drainage facilities, gas lines, telephone an c wer lines and other
public utilities as shall be established by the Declaran o its pi' t essors in title, prior
to the subjecting of the Properties to this Declarati' ol t e Assoc?kshall have the
power and authority to grant and establish upon} yt, under, and acros ?17c?Permanent
Common Open Space conveyed to it, such f i ' r", a cure t as are requish? 'f the
convenience, use and enjoyment of the Properties ICI. there is her reserved
in the Declarant and its agents and employees an eas t? and right of ingress, egress
and regress across all Permanent Co mon Open Space," or hereafter owned by the
Association, for the purpose of cons tz?_ of improvemE ` is •vthin the Properties.
Section Z All Lots shall be subject to eL' Rrtb ncrcj ents constructed on
adjacent Lots by Declarant to the extent th t sup e rSul , vements actually encroach
including, but not limite _m -sqch items as'E'? `hang ges, gutters and downspouts
and walls.
Section 3. An eat T-11-I I i c r h established the Permanent Common Open Space
and facilities for the bf it 'r I•rsable gove ental agencies as necessary for setting,
removing a of . rc la maintaining water, sewer and drainage
facilities ctriceti?,a? and cable antenna lines, fire fighting, garbage
..
llecti i'i? , postal delis rv c?lrcr? cr d rescue activities and law enforcement
acti itlW ti
Section 4. y dwelling located closer than five (5) feet from its lot line, so long as
such setback c '1, , lies e County Zoning Ordinances, the owner thereof shall have
a perpetual acce s gem over the adjoining lot to the extent reasonable necessary to
perform repair, maioge nce or reconstruction of his dwelling. Such repair, maintenance
or reconstruction shr be done expeditiously and, upon completion of the work, the
owner shall restore the adjoining lot to as near as the same condition as that which
prevailed prior to the commencement of the work as is reasonably practicable.
Section 5. Water and Sewer. All lot owners shall be subject to monthly charges as
approved by the proper public authorities for water and sewer for domestic usage.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
9
Section Z Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of the Lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners.
il R
t i i
li
it
d t ttafe feet of built u
e
f 275
4 10 s
(a) Qua
oas
s o a max
in
fn
e p
uffi e
,
q

Section 5. Storm Water Restriction. In accord . , , with Title 15 NCA '1000, the
Coastal Stormwater Management Regulation "restri 'ons and prote , 'v2 g covenants
are required for Low Density Residential Subdi ' _Us A lots will be divided
and sold. Deed restrictions and protective covenants a cessary to ensure that the
development maintains a "built-upon area consistent ,,thRe applicable regulation
governing the density level. The folio' Reed restrictioi . qtr icovenants must be
recorded prior to the sale of any lot:
(a) The following covenants inte 'LID ongoing compliance with
State StorrTet,itkr Managem ermit n `her , as
issued,. t I? 'ti'' ion of Wa Quality rider NCAC 2H. 1000.
(b) Th , !w of NOi? J- Carolina is de a beneficiary of these covenants to
the extr- ' c s? ?y to maintain pliance with the stormwater
(c? n'tl t c to run ?h the land and be binding on all persons and
parties k i ing k, r them.
;?F cis The cove per g to stormwater may not be altered or rescinded
without the, _ pres itten consent of the State of North Carolina,
'Division of ?+er Quality.
(e) lT rration o9he drainage as shown on the approved plan may not take
vit t the concurrence of the Division of Water Quality.
iR<
i ? m allowable built-upon area per lot is as follows:
(? Th;:,
,
Lot # BUA Lot # BUA
1-18,20 3920 SF 21-69,19 4150 SF
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
(g) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
(h) Eaeh lot will maintain a 30' wide vegeta4ed buffef between iflipen,ious
1TI All reef _ ____ __ ________ tefminate a4 least 30' ffem IL 111eLL11 11111 water- m
10
Section 6. If any amendment to these covenants, conditions, and restrictions is executed,
each such amendment shall be delivered to the Board of this Association. Thereupon, the
Board of Directors shall, within thirty (30) days, do the following:
(a) Reasonably assure its self that the amendment has been executed by the
Owners of the required number of Lots. (For this purpose, the Board
may rely on its roster of members and shall not be required to cause any
title to any Lot to be examined.)
(b) Attach to the amendment a certification as to its validity, which
certification shall be excused by the Association in the same manner that
deeds are executed. The following form of certification is suggested:
Section 7. Wetland Restrictions. All of the Property subject to this Declaration of
Covenants and Restrictions shall also be subject to the following special provisions
relating to wetlands. In developing the property, the Declarant has agreed with the
Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of
Engineers) to restrict and prohibit any future filling or other detrimental activities in the
wetlands area which presently exist within the identified?,`??i?a of the Property.
Accordingly, all wetlands shown and delineated on the . -'l` and' survey plat dated
and verified by the Corps of Engir,r? Ilk ,
shall be maintained in perpetuity in their natural or
entity shall fill, grade, excavate, or perform any of
remove, or harm any vegetation; nor construct an I
watering or any other agricultural use on s cc
intended to ensure continued compliance wi? U
issued by the United States of Ani
Engineers, Wilmington District, Action ID 2006-
enforced by the United States of Arlo a. This co
shall be binding on the Owner, and all s Laimin
This Declaration must be execute
Deeds prior to the selling or developing t
recording of a wetland ?? . \erified by
depict the location Off,511 ttcr and wetla
Declarant shall plft? L11 with a
soon as possible.

SEAL
ATTEST:
Secretary
ated'cition. No person or
`disturbi??activities; nor cut,
;s, nor alloNb imal grazing or
ition area. 1 'N,\c.?V'enant is
'Irk condition otl t orizations
l. . Army Corps of
-067, and therefore may be
Nshall run with the land, and
% i t liXarteret County Register of
p rt$ recording must also include
U.S. A41"y Corps of Engineers and must
within the boundary of the Property. The
p-.oi the recorded restrictive covenants as
Section 1. Management and Contract Rights of Association. Declarant may enter
into a contract with a Management company manager for the purposes of providing
all elements of the operation, care, supervision, maintenance, and management of the
property. However, no such contract shall be binding upon the Association except
through express adoption, or ratification of the terms and conditions of such contract.
Any contract or lease entered into by Declarant or by the Association while Declarant
is in control thereof shall contain a provision allowing the Association to terminate
such contract without justification or penalty after transfer or management by the
Declarant to the Association.
Section Z Rights of Note holders. Any institutional holder of a first mortgage on a
Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal
11
year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage, (e) receive written notice of any sixty-day (60)
delinquency in the payment of assessments or charges owed by the owner of any unit
on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or
material modifications of any insurance policy or fidelity bond maintained by the
Owners' Association, (g) receive written notice of any proposed action that requires
the content of a specified percentage or mortgage holders, and (h) be furnished with a
copy of the master insurance policy.
ARTICLE XII
ELECTRICAL SERVICE
Declarant reserves the right to subject the above-described Property to a contract with
Jones-Onslow Electric Membership Corp. for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may
'
require an initial payment and/or a continuing monthly payno Jones-Onslow
Electric Membership Corp. by the Owner of each Lot AJt in sai Property.
ARTICLF, ?
EMERGEN A
SS

In no case shall the Association be responsible N tai
or regular fire, police, or other public service to s `eh
when such failure is due to the la -QJf access to sucri
or construction, blocking of access or any oth(
developer, homeowners' association,i)f
IN WITNESS WHPRR ffl? Hui
signed this
Law Gro C
By:
President
STATE OF NORTH CAROLINA
ONSLOW COUNTY
k provide an*3mergency
)pments or their occupants
due to inadequate design
or within the control of the
caused this declaration to be
I, , a Notary Public in and for said
County and State, do hereby certify that on the day of , 2006,
Basil J. Hurst, personally appeared before me and acknowledged that he is the
President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged
the due execution of the foregoing instrument for and in behalf of the corporation.
Witness by hand a notary seal, this day of , 2006.
Notary Public
My commission expires:
12

OLD - t2aq
Ell
J"7 2001
(kC?.
NORTH CAROLINA
ONSLOW COUNTY
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS -,
QUAIL ROOST HOMEOWNERS ASSOCIA
THIS DECLARATION OF COVENANTS, C,
is entered into this day of F
(Hereinafter "Declarant"), and Quail Roost
"Association") and all parties hereafter acquiring
WITNESSETH:
WHEREAS, Declarant is the owner of,
Onslow, State of North Carolina, known s
parcel of land more particularly described
50, Page 93, Onslow Cot.? istar of D
WHEREAS, it is in-1 k bcl, t i l? e st of the I
advantage of everf acquiring
covenants, condition, C, c, t , a steer.
u??tNand
Declar ?the desirdN1 nd operatio4 ?f anyJ
and
iOr1S AND TRICTIONS
2006, between Hu haw Group
iers sociation, Inc., ,(1- -ereinafter
C cribed property.
a sub in the County of
st , and ing that certain tract or
iryq? recorded in Book of Maps
rant and to the benefit, interest and
pf the described property that certain
ens and restrictions governing and
be established; and
for the preservation of the values and
eness of said property; and for the continued
)nal and/ or common area.
RE, in cthsideration of the premises, the Declarant agrees with all
WF,
NOW THE
parties hereafte c ipuiring. hy of the property hereinafter described, that it shall be and is
hereby subject to t a ?f, wing restrictions, covenants, conditions, easements,
assessments and lieiyelating to the use and occupancy thereof which shall be construed
as covenants running with the land which shall be binding on all parties acquiring any
right, title or interest in any of the properties and which shall inure to the benefit of each
owner thereof.
ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the County of Onslow, North Carolina, and is more particularly
described as being all of that property shown on map and survey recorded in Book of
Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as
shown on the aforesaid map. The Declarant and the Jurisdiction of the Association.
Additional properties may be subjected to these Declarations within ten (10) years from
the date of this instrument.
y.
f
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Quail Roost Home-owners'
Association, Inc., its successors and assigns.
Section Z. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter be
bought within the jurisdiction of the Association.
Section 4. "Permanent Common Open Space" shall consist of those areas designated on
recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the
common use and enjoyment of the owners. The Declarant will convey all Permanent
Common Open Space shown on the various plats of the subdivision to the Association.
The Association shall be responsible for the repair, maintenance repaving as set forth
in this Declaration.
Section 5. "Lot" shall mean and refer to any plot of land?z >%N n on any recorded
subdivision map of the Properties with the exception o 1'1,1 A Perm ?. , t Common Open
Space.
Section 6. "Declarant" shall mean and refer to st-Law Group, its si ?ssors and
assigns if such successors or assigns should to more n one undeveY Lot from
the Declarant for the purpose of development.
Section 7 "Common Expense" shal? can and include
(a) All sums lawfully assesscq h11_t_ e Association <t ,, i t its members;
(b) Expenses of the common ?a zninistrr1 tiun maintenance, repair, or
? ' _7 ce:
replacement of the Perman t Ce
ense the provisions of this
(c) Expenses declared to be co p
Declarat c? U\ y-Laws:
(d) H a z es : , l , _ , `?i i h i l i t v. -i such other
the By-L?1% ? 111 ?L%? i?e uire the
(e) Ad vatc,rcI
,trance premiums as the Declaration or
Ation to purchase;
sment charges lawfully levied against
members to be common expenses of the
costs. Owners are responsible for mowing in
ARTICLE III
ZOPERTY RIGHTS
REAL ESTATE
Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Permanent Common Open Space and over the
common open spaces for access, ingress, and egress from and to public streets,
walkways and parking areas easement shall be
Appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) the right of the Association to suspend the voting rights of an owner for
any period during which any assessment against his/ her Lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations;
2

(b) the right of the Association to dedicate or transfer all or any part of the
Permanent Common Open Space to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed
to by the members;
No such dedication or transfer shall be effective unless an instrument agreement to
such dedication or transfer signed by two-thirds (2/3) of each class of members has
been recorded, and the .............Town Council has agreed to such conveyance;
(c) the right of the Association, in accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the Permanent Common
Open Spaces and facilities and in aid thereof to mortgage said property,
and the rights of such mortgagee in said Properties shall be subordinate
to the rights of the homeowners hereunder; and
(d) The right of the Association to adopt, publish and enforce rules and
regulations as provided in Article IX.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-
Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to
the members of his/ her family, his/ her tenants, or contract purchasers who reside on the
property. t
Section 3. Title to the Permanent Common Open Space. T11 I)eclarant hereby
covenants for itself, its successors and assigns, that it will m ?y £ .e simple title to the
Permanent Common Open Space to the Association, f? d cle f all encumbrances
and liens, prior to the conveyance of the first Lot, urn storm ean?ents.
Section 4. Parking Rights. The Association mfi?regulat the parking o'1' ,ats, trailers
and other such items on the Permanent Comm ( c ii Spa No private yes will
be parked on assess roads within the subdivision. w hicles will parked on
parking areas provided.
Section S. TVAntennas and Cablevr ,l The Associat { ay supply cablevision and
the cost of this service may be include or special Msc. ents. The
Association may regulate or prohibit the ecti ?fe :% isioi , itennas on individual
lots.
AR
MV
Section" . Every owi?
Ass "".k, i Member
' ? any Lot
ownershi
P* 1\
Section 2 x; ,`,ssoc
OTING RIGHTS
?1? << lot .,-. i.ch ' subject to assessment shall be a member of the
?, 4 all be4aZ urtenant to and may not be separated from
ii4 i s su ect to assessment.
ioTti,hall have two classes of voting membership:
Class A. 't~riembers shall be all Owners, with the exception of the
Declarant, au?,ii?i all be entitled to one vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Declarant shall be a Class B member and shall be entitled to four
(4) votes for each lot owned. The class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership equals
the total vote outstanding in the Class B membership; or
(b) Upon the surrender of all Class B membership by the holder thereof .
3

ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to common open spaces shall be shared equally by the owners of
each Lot.
" i by the Association shall
ty i 1,welfare of the
srtion, rrl?p vement and
ncluding tlk, 1,11 iintenance,
walks and paq ili aI s
rr mtenance to urc d'de the
o rash and ru ish or any
Permanent Common Open
d additions,
placements an
uEvision, the payment of
taxes and public assessments assess agi --t ?j , Pcrni?u1r'Common Open Space,
the procurement and maintenance of i ur t c. >-i? fice with this Declaration,
the employment of t7nr ;s to represe Associ n when necessary, the
provision of adeqtite4 c for the re cement o capital improvements including,
without limits ?}z? ?cncr?r of the fore in , signs, paving, grading, landscaping
and any other majOr ,,Qcns,?L ter which the 5sociation is responsible, and such other
Section 2. Purpose of Assessments. The assessments
be used exclusively to promote the recreation, heal tl?'
residents in the Properties and in particular for th:
maintenance of the Permanent Common Ope . ace,
repair and reconstruction of private streets, 4f'veways
situated on the Permanent Common Opex > such
cutting and removal of weeds and grass and th L
other maintenance or for the use and enjoyment o ti
Space, including but not limited L'4,N?be cost of repair:
the cost of labor, equipment, mater ?l ?; n'?aggement ai
needs as play a,is c
Sects V l l IL l ?? a ition shall establish and maintenance an adequate
re e fund forth } i?, lic J?o ance, repair and replacement of improvements to
4116 r,j mon area ance`h.???se oth ortions of the Properties which the Association
may bt,chligated to m rain. uch reserve fund is to be established out of regular
Section 4. 1V`?` nnual Assessment Until January 1 of the year immediately
following the co ance of the first Lot to an Owner, the maximum monthly
assessment shalVe $200.00 per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote of
membership by up to five percent (5%) of the previous year's assessment.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above the increase permitted in Section 3(a) above by a
vote of two-thirds (2/3) of each class of Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members who are voting in person or
by proxy, at a meeting duly called for this purpose, written notice of which
a shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
4
merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section S. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon the Permanent Common Open Space, and in connection
with exterior maintenance, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all members not
less than thirty (30) days nor more than (60) days in advance of the meeting setting
forth of the meeting.
Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and S.
Written notice of any meeting called for the purpose of takint, action authorized
under Section 3 or 4 shall be sent to all members not less _t. I i thi y (30) days or
more than sixty (60) days in advance of the meeting. re e First such meeting called,
11
the presence of members or of proxies entitled to ca ixty Qnt (60%) of all the
votes of each class of membership shall constitute' q m. li??? required quorum
is not present, another meeting may be called S*Ject the same ixyt«e requirement,
and the required quorum at the subsequent 7,'tetmg sh 11 be one-haltX'2,1 the
required quorum at the preceding meetin z ??h s ?cquent meetin all be held
m?
more than sixty (60) days following the preced ?'?, ln?g.
Section 7 Uniform Rate ofAssafcrr,
except as herein otherwise specifii
Lots and shall be collected on a mo1
assessment for Lots owned by Declat
be a lesser amount as fixed by the Bo
be less than twenty/ : .o) of the
Both ark and special assessments shall,
sided, be fib; at a uniform rate for all
rovide'l. u%; ver, that the
t? <4r nut Ory`apied as a residence, may
irec e Association, but shall not
rr assess nts for other Lots.
Section 8. DaW' o,1t»>c?t ment of AA ual Assessments; Due Dates. The annual
assessments provi?tl io r h,)r. m shall comne as to all Lots on the first day of the
month following the o anent Common Open Space. Such
annua, h u ???i d rata" `-' n a monthly basis. The Board of Directors
shak e paid ratidan i n - Reply basis. The Board of Directors shall fix the amount
Ql?i[1_ annual asse `i`cit agaii -tom h Lot at least thirty (30) days in advance of each
annu? sessment pe .^o . Wr' en notice of the annual assessment shall be sent to
everyi subject th z to. The due dates shall be established by the Board of
Directory- Associaln shall, upon demand, and for a reasonable charge, furnish
a certificate s' i b-,,?officer of the Association setting forth the assessments on a
specified Lot ha ?cren paid. Any certificate so given shall be conclusive evidence
of payment of thassessments stated therein.
Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the
lien against the property in the same manner in which Deeds of Trust may be
foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes,
or its successors, and in either event interest, costs and reasonable attorney's fees of
any such action shall be added to the assessment. No Owner may waive or otherwise
escape liability for the Permanent Common Open Space or abandonment of his Lot.
Should any deficiency remain after the foreclosure, the Association may also bring an
action against the owner for said deficiency.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage and ad
valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such 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 assessments thereafter becoming due or from
the lien thereof.
Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of North Carolina shall be exempt from
the assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
Section 12. Working Capital Fund. At the time of closing of the sale of each unit a
sum equal to at least two (2) months assessment for each unit shall be collected and
transferred to the Association to be held as a working capital fund. The purpose of
said fund is to insure that the Association Board will have adequate cash available to
meet unforeseen expenses, and to acquire additional equipment or services deemed
necessary or desirable. Amounts paid into the fund shall not be considered advance
payment of regular assessments.
ARTICLE VI,
ARCHITECTURAL CONT,?OL
No building, fence, wall or other structure shall be c menccc?>rected or maintained
upon the Properties, nor shall any exterior addit' o change" r - teration therein
be made until the plans and specifications sh ng the nature, kin , pe, height,
materials, and location of the same shall g e -ve be submitted to aijc a.proved in
writing as to harmony of external design d 1c< ion ' anon to sunning
structures and topography by the Board of Dire', r`§ the ssociation, or by an
architectural committee compose of three (3) or n?' ? epresentatives appointed by
the Board. In the event said Boar ' ci--riss designated c(ii mi ee, fails to approve or
disapprove such design and location', a? - dirty (30)',%-, r said plans and
specifications have been submitted t t, ap- i l l notje required and this Article
will be deemed to have fully complie it
ANNE XA1
Seoil'b?? liu
tion, and shah'
nnst : tN provided, t
original ' lopment c
(5) acres, b6Untiguou
annexation ofd ' :l i ,
development in ti
ARTI VII
pF-- IONAL PROPERTIES
o f a iN n property shall require approval from the
requi o occur within ten (10) years from the date of this
eve that all annexations of additional properties to the
ribed in Article I hereof must contain a minimum of five
o the property previously annexed. Provided further, that no
1 property shall have the effect of placing the original
n of the of County Zoning Ordinances.
Section 2. Annexation of additional Properties shall be accomplished by recording in
the County Registry a Declaration of Annexation, duly executed, describing the lands
annexed and incorporating the provisions of this Declaration, either by reference or
by fully setting out said provisions of this Declaration. The additional lands shall be
deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent
on the part of the Association or any other person or entity shall be necessary to
accomplish the annexation, except approval by the ..............Town Council.
Section 3. Prior to the conveyance of the first lot in any newly annexed area, the
Declarant shall deliver to the Association one or more deeds conveying fee simple
title to any Permanent Common Open Space within the lands annexed free and clear
of all encumbrances and liens except utility, storm drainage and greenway easements.
6
ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following
provisions:
Section 2. Distribution of Insurance
by the Association as
beneficial Owners
Section 3. Fidelity Insurance or
expend funds, or
shall first be bon
default in the performance of
plus
(a) Ownership of Policies. All insurance policies upon the common
areas shall be purchased by the Association for the benefit of all the
Association and the Owners. Lot owners shall be responsible for
insurance coverage of personal property within their own unit.
(b) Coverage. All buildings and improvements and all personal property
included in the Permanent Common Open Space and facilities shall
be insured in an amount equal to one hundred percent (100) insurable
replacement value as determined annually by the Association with
the assistance of the insurance company providing coverage. Such
coverage shall provide protection against:
(1) Loss or damage by fire and other hazards covered by the
standard coverage endorsement, and
(2) Such other risks as from time to t' s hall'be customarily
covered with respect to buildi e land, if any.
(3) Such policies shall contain c se pro ?i (. g for waiver of
- II
subrogation. ``
(e) Liability. Public liability ins /; ce shall be secur the
Association with limits o,f?r411 ity of less than On 1%1' n and
ude an
nce and sncl
No/100 Dollars ($1,000,?0O.- er r?eo
endorsement to cover liability's as a group to a single
Owner. There sk ?all also be obtain ther insurance coverage
as the Associatio call determine fr6Q. e? e to time to be desirable
and necessary.
??s (d) Premiums. Premiu forcC p??li purchased by the
Association shall be d e ion and charged to the
O qn assessme ccordin the provisions of Article v
(e) reds. l insurance s purchased by the Association shall
be Ic 1 & the As ciation and the Owners and their
.---m??r t??` ?>> t may appear, and shall provide that all
rr,Lc ,of shall e payable to the Association as insurance
t? LM- is eclaration. The sole duty of the Association as
ins' e trus shall be to receive such proceeds as are paid and to
hold t `. amen trust for the purposes stated herein or stated in the
By-La and for the benefit of the Owners and their mortgages in
the fo wina shares:
Proceeds on account of damage to Permanent Common Open
Space and facilities held for the Association.
In the event a mortgagee endorsement has been issued for any
Lot, the share of the Owner shall be held in trust for the
mortgagee and the Owner as their interests may appear.
Proceeds. Proceeds of insurance policies received
insurance trustee shall be distributed to or for the benefit of the
in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees
shall be first paid or provisions made therefore.
(b) Reconstruction or Repair. The remaining proceeds shall be
paid to defray the cost of repairs. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial Owners
as above provided.
Bond. All persons responsible for or authorized to
otherwise deal in the assets of the Association or those held in trust,
ded by a fidelity insurer to indemnify the Association for any loss or
their duties in an amount equal to six (6) months'
reserves accumulated.
7

ARTICLE IX
USE RESTRICTIONS
Sectionl. Rules and Regulations. The Board of Directors of the Association shall have
the power to formulate, amend, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the front yard space of each Lot and the Permanent
Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the Violation thereof, or for the violation of any of the covenants and
conditions contained in this Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary offices
of the Declarant and/ or any model used by Declarant) shall be used except for residential
purposes and for purposes incidental or accessory thereto.
Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on
upon the Properties, nor shall anything be done which may be or may become a nuisance
or annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any
maintained on any Lot or in any dwelling except that dogs, c,
may be kept or maintained provided that they are not kept
x r
purposes. Allowed pets must be on leash when not in oX `
pets feces must be cleaned up while on leash and in c `tn
determined to be of a dangerous breed, as specifie oc
Section S. Dwelling Specifications. No dwel ' hall b li
its Architectural Control Committees pen-nis ion. acee
storage or other appropriate use, shall not in excess _ u
in area. . No automobiles shall be p ked on any street "t tt
parking will be at parking areas provi i. common areas
entire dwelling unit, but no portion of g unit sh.t I
the rest of the unit.
Section 6. Temporary S Ott res. Excep
shack, barn or other ot? n other than
hundred fifty (250 (jrt,u"- 1??'L i,5ize, shall bra
these covenants. 1 o ` h(:?] wage shall at a
either temporary or E r 11,
all be kept or
t r household pets
ined for commercial
)sed pet area. All
t,no time will dogs
allowed.
-a witnouc ation or
building or ,stucture for
red fifty (250) square feet
any of the lots. Excess
owner may let or rent his
separately from
forth, no trailer, tent,
f building not more than two
or placed on any lot covered by
be used for human habitation,
Section eected, `"`?c1zr Sigd Pence or fencing-type barrier of any kind shall be
placed al" n n ' d on any portion of the community, including any
lot, the prior wr' ' E. conse` the Association or its designated Architectural
•
Control mittee. The coi mitt may issue guidelines detailing acceptable fence
styles or spe` ations, buy i no event shall hog wire be approved. Chain link fencing
shall not be vis'' om t front (or the front and the side, in the case of a corner lot) of
any house locate aving such type of fencing. No signs shall be erected or
allowed to remain o ',' . y lot except with the written consent of the Board of Directors.
Section 8. Buildings and Other Outdoor Structures. No accessory building of any
nature whatsoever (including, but limited to, detached garages, storage buildings,
doghouses, and greenhouses) shall be placed on any lot without the prior written approval
of the Architectural Control Committee, with said committee to have the sole discretion
relating to the location and type of accessory building which shall be permitted on any
lot. Under no circumstances shall metal storage buildings be permitted. All accessory
buildings must conform to the same architectural style as the residence located on the
same lot. No outside clothes lines, tree houses, playhouses, motorcycles, supplies,
tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers,
vans (other than one noncommercial van owned and operated on a regular daily basis by
the owner-occupant of the lot), campers or other equipment or vehicles, except for
operative licensed automobiles, shall be regularly parked or stored in any area on a lot
except inside an enclosed building, behind screening approved by the Homeowners'
Association or its designated Architectural Control Committee. Garbage and refuse
containers, transformers, air conditioning and other mechanical equipment, including
solar and other mechanical equipment, including solar and other alternative energy
devises shall either be concealed behind screening or integrated into the building design
so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play
structures, benches, sculptures, etc., shall be concealed by approved screening or
approved in writing by the Board or Architectural Control Committee as compatible and
harmonious with the surroundings.
Section 9. Appearance
No inoperable motor vehicles may be parked on any lot if visible from any road within
the subdivision. All mailboxes shall be of the same type and shall be provided to the first
permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers
shall be left at street side or visable from street and must be deposited in common trash
container provided by Association. Landscaping will be established by Declarant and
will be maintained by the Association on owners and common property.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanent
shall be subject to such easements for driveways, parking ar
sewers, storm drainage facilities, gas lines, telephone an ct
public utilities as shall be established by the D( claran o it,,
to the subjecting of the Properties to this Declaratio t e E
power and authority to grant and establish upon er, under, a
,,Non Open Space,
water lines, sanitary
Y?? wer lines and other
-sors in title, prior
lss n shall have the
ad acros Permanent
Common Open Space conveyed to it, such fu aseme as are requi the
,
convenience, use and enjoyment of the Properties. ? tdd * ' there is here?y reserved
in the Declarant and its agents and employees an eas and right of ingress, egress
and regress across all Permanent Common Open Space, or hereafter owned by the
Association, for the purpose of cons ?z cif improvem t, wi--thin the Properties.
Section 2. All Lots shall be subject to e em the crncr °'hments constructed on
adjacent Lots by Declarant to the extent t t su ' Gtr vements actually encroach
including, but not limited-rer--?tu:ch items as anging - es, gutters and downspouts
s
and walls. ,?`'
Section 3. An ead a is hcl established the Permanent Common Open Space
and facilities for the bwl • o eagle gove nental agencies as necessary for setting,
removing. of- v rc maintaining water, sewer and drainage
iX? and cable antenna lines, fire fighting, garbage
facilities V15kc. )l1unC
colleq} cki, postal deli}; cm d rescue activities and law enforcement
Z:7 V
..,.
Section 4.?y dwelling located closer than five (5) feet from its lot line, so long as
such setback lies wit e County Zoning Ordinances, the owner thereof shall have
a perpetual acces ems over the adjoining lot to the extent reasonable necessary to
perform repair, mai e dice or reconstruction of his dwelling. Such repair, maintenance
or reconstruction shVbbe done expeditiously and, upon completion of the work, the
owner shall restore the adjoining lot to as near as the same condition as that which
prevailed prior to the commencement of the work as is reasonably practicable.
Section S. Water and Sewer. All lot owners shall be subject to monthly charges as
approved by the proper public authorities for water and sewer for domestic usage.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten(10)years. This Declaration maybe amended during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of the Lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners.
^
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ayout en
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Section 5. Storm Water Restriction. In as
Coastal Stormwater Management Regulati
are required for Low Density Residential
and sold. Deed restrictions and protective
development maintains a "built-upo "are;
governing the density level. The follo . :i
recorded prior to the sale of any lot:
ith Title 15 NCAN91000, the
estri 'ons and prote ovena
1 s lots will be divided
essarv to ensure that the
consistent Mll?a he applicable regulation
deed restricd covenants must be
(a) The following covenants " into surforigoing compliance with
State Sto t x Managem ermit n er , as
issuedl : t e ion of Wa Quality nder NCAC 2H. 1000.
(b) Th o t N o 1? Carolina is de a beneficiary of these covenants to
the ext to maintain pliance with the stormwater
ancni
(c)?^```? c cn?ti ?, 1rc t?? ru? h the land and be binding on all persons and
parties?.Im 1111 g r them.
r(?d+ The cov a is pe pit g to stormwater may not be altered or rescinded
without th&e.. res itten consent of the State of North Carolina,
ivision of? ter Quality.
(e) .ration he drainage as shown on the approved plan may not take
p it t the concurrence of the Division of Water Quality.
(f) The um allowable built-upon area per lot is as follows:
Lot # BUA Lot # BUA
1-18,20 3920 SF 21-69,19 4150 SF
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
(g) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
(h) Eaeh lot will maintain a 30' wide vegetated buffer- be ?ieus
areas end sui-7faee waters.
(i) All r-eef dfains shall to a4e at to st 30' f e +1, high wale the lllt{311 YY {1lL«
10
Section 6. If any amendment to these covenants, conditions, and restrictions is executed,
each such amendment shall be delivered to the Board of this Association. Thereupon, the
Board of Directors shall, within thirty (30) days, do the following:
(a) Reasonably assure its self that the amendment has been executed by the
Owners of the required number of Lots. (For this purpose, the Board
may rely on its roster of members and shall not be required to cause any
title to any Lot to be examined.)
(b) Attach to the amendment a certification as to its validity, which
certification shall be excused by the Association in the same manner that
deeds are executed. The following form of certification is suggested:
Section 7. Wetland Restrictions. All of the Property subject to this Declaration of
Covenants and Restrictions shall also be subject to the following special provisions
relating to wetlands. In developing the property, the Declarant has agreed with the
Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of
Engineers) to restrict and prohibit any future filling or other detrimental activities in the
wetlands area which presently exist within the identifie a of the Property.
Accordingly, all wetlands shown and delineated on the i yctlan survey plat dated
and verified by the Corps of Engi 0 ,
shall be maintained in perpetuity in their natural or m r ated ?tion. No person or
entity shall fill, grade, excavate, or perform any oth -1 disturH? activities; nor cut,
remove, or harm any vegetation; nor construct an ruct es, nor allo imal grazing or
watering or any other agricultural use on s conservation area.enant is
intended to ensure continued compliance wi itigat?r in condition of"kFl orizations
issued by the United States of Arr 16. Army Corps of
Engineers, Wilmington District, Action ID 2006-``1X10-067, and therefore may be
enforced by the United States of An na This coven nN?hall run with the land, and
shall be binding on the Owner, and all saiming
This Declaration must be executd
Deeds prior to the selling or developing t
recording of a wetlan ?r???r? ?erified b
depict the location I . ?tt?`r _ind wetla
Declarant shall pr"ik?` i?! C o s with a
soon as possible.
amI` ` .. ,1 ith,4rteret County Register of
P eny':`''_ : recording must also include
U.S. ,y Corps of Engineers and must
1 within the boundary of the Property. The
co the recorded restrictive covenants as
(CORPkTE SEAL
ATTEST:
Secretary
Section 1. Management and Contract Rights of Association. Declarant may enter
into a contract with a Management company manager for the purposes of providing
all elements of the operation, care, supervision, maintenance, and management of the
property. However, no such contract shall be binding upon the Association except
through express adoption, or ratification of the terms and conditions of such contract.
Any contract or lease entered into by Declarant or by the Association while Declarant
is in control thereof shall contain a provision allowing the Association to terminate
such contract without justification or penalty after transfer or management by the
Declarant to the Association.
Section Z Rights of Note holders. Any institutional holder of a first mortgage on a
Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal
11
year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage, (e) receive written notice of any sixty-day (60)
delinquency in the payment of assessments or charges owed by the owner of any unit
on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or
material modifications of any insurance policy or fidelity bond maintained by the
Owners' Association, (g) receive written notice of any proposed action that requires
the content of a specified percentage or mortgage holders, and (h) be furnished with a
copy of the master insurance policy.
ARTICLE XII
ELECTRICAL SERVICE
Declarant reserves the right to subject the above-described Property to a contract with
Jones-Onslow Electric Membership Corp. for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may
require an initial payment and/or a continuing monthly paym e o Jones-Onslow
Electric Membership Corp. by the Owner of each Lot NNJ,f tin sai Property.
ARTI
EMERGENC/T ACCESS
In no case shall the Association be responsible r -,-a' ' provide an -emergency
or regular fire, police, or other public service to s evelopments or their occupants
when such failure is due to the la f access to suc el ?s due to inadequate design
or construction, blocking of access tiffs or any other 't r ithin the control of the
developer, homeowners' associatio r , ; f ts.
IN WITNESS I, ;Q71PN Hurst-La roup, Inc?has caused this declaration to be
signed this ? ,t 06.
ONSLOW COUNTY
I, , a Notary Public in and for said
County and State, do hereby certify that on the day of , 2006,
Basil J. Hurst, personally appeared before me and acknowledged that he is the
President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged
the due execution of the foregoing instrument for and in behalf of the corporation.
Witness by hand a notary seal, this day of , 2006.
Notary Public
My commission expires:
12
STATE OF NORTH CAROLINA

D Lo - 100 3.-°I
JF1h I q NE/

NORTH CAROLINA
ONSLOW COUNTY
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS ,
QUAIL ROOST HOMEOWNERS ASSOCIA
THIS DECLARATION OF COVENANTS, C,
is entered into this day of
(Hereinafter "Declarant"), and Quail Roost }
"Association") and all parties hereafter acquiring
WITNESSETH:
WHEREAS, Declarant is the owner o
Onslow, State of North Carolina, known s t
parcel of land more particularly describe ,
50, Page 93, Onslow C v istar of D
WHEREAS, it is i 1I, hcst i st of the I
advantage of eve p rv ? lC,I'C I acquiring
covenants, conditions, 3 e err
regulatinPASS, (I)CCU "1 ?V O
WHE a Declar`? t sirCs
am d the des* 'I vand
mainte ? end operatio 'any a
a
and
TI C.
?O S AND 1 RSTRICTIONS
0 , between Hu' t- w Group
s sociation, Inc. ?reinafter
cribed proper Ly.
Sub . ' in the County of
, and 'mg that certain tract or
p-yo recorded in Book of Maps
rant and to the benefit, interest and
pf the described property that certain
ens and restrictions governing and
be established; and
le for the preservation of the values and
iveness of said property; and for the continued
tional and/ or common area.
ises, the Declarant agrees with all
sideration of the prem
NOW THE /Eq
parties hereafte of the property hereinafter described, that it shall be and is
hereby subject to t g restrictions, covenants, conditions, easements,
assessments and lien to the use and occupancy thereof which shall be construed
as covenants running with the land which shall be binding on all parties acquiring any
right, title or interest in any of the properties and which shall inure to the benefit of each
owner thereof.
ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the County of Onslow, North Carolina, and is more particularly
described as being all of that property shown on map and survey recorded in Book of
Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as
shown on the aforesaid map. The Declarant and the Jurisdiction of the Association.
Additional properties may be subjected to these Declarations within ten (10) years from
the date of this instrument.

ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Quail Roost Home-owners'
Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter be
bought within the jurisdiction of the Association.
Section 4. "Permanent Common Open Space" shall consist of those areas designated on
recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the
common use and enjoyment of the owners. The Declarant will convey all Permanent
Common Open Space shown on the various plats of the subdivision to the Association.
The Association shall be responsible for the repair, maintenance repaving as set forth
in this Declaration.
Section S. "Lot" shall mean and refer to any plot of land 1N' ?i?ion any recorded
subdivision map of the Properties with the exception of Perm4 , t Common Open
Space.
Section 6. "Declarant" shall mean and refer to st-Law Group, its s e sors and
assigns if such successors or assigns should more t,,_ n one undevel Lot from
the Declarant for the purpose of development.
Section 7. "Common Expense"
(a)
(b)
(c)
(d)
All sums lawfully assesA
Expenses of the common
replacement of the Perma
Expenses la ed to be c
and include`,
e Associate o ?Vopj4t its members;
Declar;n y- Laws:
Haz it? , w: such other
the y-?,r m uire the
inistratio `maintenance, repair, or
?n ace:
expensy the provisions of this
urance premiums as the Declaration or
06tion to purchase;
sment charges lawfully levied against
members to be common expenses of the
costs. Owners are responsible for mowing in
ARTICLE III
ZOPERTY RIGHTS
REAL ESTATE
Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Permanent Common Open Space and over the
common open spaces for access, ingress, and egress from and to public streets,
walkways and parking areas easement shall be
Appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
(a) the right of the Association to suspend the voting rights of an owner for
any period during which any assessment against his/ her Lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations;
2
(e) Ad vttir,rr1ixt'Z „,

(b) the right of the Association to dedicate or transfer all or any part of the
Permanent Common Open Space to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed
to by the members;
No such dedication or transfer shall be effective unless an instrument agreement to
such dedication or transfer signed by two-thirds (2/3) of each class of members has
been recorded, and the .............Town Council has agreed to such conveyance;
(c) the right of the Association, in accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the Permanent Common
Open Spaces and facilities and in aid thereof to mortgage said property,
and the rights of such mortgagee in said Properties shall be subordinate
to the rights of the homeowners hereunder; and
(d) The right of the Association to adopt, publish and enforce rules and
regulations as provided in Article IX.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-
Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to
the members of his/ her family, his/ her tenants, or contract purchasers who reside on the
property.
Section 3. Title to the Permanent Common Open Space. Tlt? feclarant hereby
covenants for itself, its successors and assigns, that it wil ` ee simple title to the
Permanent Common Open Space to the Association, fre d cle,% all encumbrances
and liens, prior to the conveyance of the first Lot, u ' n storm e ents.
Section 4. Parking Rights. The Association n
and other such items on the Permanent Corm;
be parked on assess roads within the subdivision.
parking areas provided.
Section S. TVAntennas and Cablev The
the cost of this service may be include
Association may regulate or prohibit the -ccth
lots.
ARTI
ME
Aregulat the parking o ' 6'6?ts, trailers
en Spa No private " , es will
hicles will l4 parked on
,ssociat`: , - ay supply cablevision and
or specie l ents. The
,levisioi terms on individual
OTING RIGHTS
Sectio f' . Every owl?' xx 76' a to Nh' ch ' subject to assessment shall be a member of the
Ass`r` L Membersh? galurtenant to and may not be separated from
:.
ownershi a? y Lot whr s su ect to assessment.
Section 2 1 Rssociatio 'hall have two classes of voting membership:
Class A. '64<t S embers shall be all Owners, with the exception of the
Declarant, all be entitled to one vote for each Lot owned. When more than
one person h81ds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot. Fractional voting with respect to
any Lot is hereby prohibited.
Class B. The Declarant shall be a Class B member and shall be entitled to four
(4) votes for each lot owned. The class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total vote outstanding in the Class A membership equals
the. total vote outstanding in the Class B membership; or
(b) Upon the surrender of all Class B membership by the holder thereof .
3

ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees, shall also be
the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to common open spaces shall be shared ally by the owners of
each Lot.
the Association shall
?welfare of the
Kovement and
walks and par 'Zm?tlde s
Kin, enance to i 'th e
rash and rub ish or any
lent Common Open
;ments and additions,
vision, the payment of
taxes and public assessments assess ag .t P?Zrnlaule r Common Open Space,
the procurement and maintenance of i ura L '4&e with this Declaration,
the employment of s to represe Associ " n when necessary, the
provision of ade e 1 . '`; for the re cement o capital improvements including,
without limitir?, cn? r l n of the fore in , signs, paving, grading, landscaping
and any other ma r which the ociation is responsible, and such other
needs as matiarise..:
Section 2. Purpose of Assessments. The assessments
be used exclusively to promote the recreation, health
residents in the Properties and in particular for q,
maintenance of the Permanent Common Ope ace,'
repair and reconstruction of private streets, e veways,
situated on the Permanent Common Open" such
cutting and removal of weeds and grass an d th
other maintenance or for the use and enjoyment o?
r
Space, including but not limited t _V„ cost of repair.
llj;
the cost of labor, equipment, mater `agement aj
resC, Ve fund for t 11,
e on area
may igated
assess me -or c
Section 4. 11 t .
following the co
assessment shaW
Thy '. ociation shall establish and maintenance an adequate
iodic ance, repair and replacement of improvements to
an [i se oth ortions of the Properties which the Association
to meth ain. uch reserve fund is to be established out of regular
nnual Assessment. Until January 1 of the year immediately
4
ce of the first Lot to an Owner, the maximum monthly
an
$200.00 per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased effective January 1 of each year without a vote of
membership by up to five percent (5%) of the previous year's assessment.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment
may be increased above the increase permitted in Section 3(a) above by a
vote of two-thirds (2/3) of each class of Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members who are voting in person or
by proxy, at a meeting duly called for this purpose, written notice of which
a shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
4
merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section S. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon the Permanent Common Open Space, and in connection
with exterior maintenance, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all members not
less than thirty (30) days nor more than (60) days in advance of the meeting setting
forth of the meeting.
Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and S.
Written notice of any meeting called for the purpose of taki action authorized
under Section 3 or 4 shall be sent to all members not less (11 i thirfy (30) days or
more than sixty (60) days in advance of the meeting. rst such meeting called,
the presence of members or of proxies entitled to ca xty ` t. nt (60%) of all the
votes of each class of membership shall constitut f m. 11? 1 equired quorum
is not present, another meeting may be called sect the same i :IVC requirement,
and the required quorum at the subsequent 4eting sh 11 be one-halt o the
required quorum at the preceding meetin . ) Bch su >. quent meetin all be held
more than sixty (60) days following the preced _'o " ng.
Section 7. Uniform Rate of.
except as herein otherwise specific iIN-.-i
Lots and shall be collected on a mo
assessment for Lots owned by Decl
be a lesser amount as fixed by the Bo
be less than twenty,, ,:Zo) of the re
Section 8. Da oiu
assessments provi <
month following the
?, h a
annua
sha e paid rat-'. v Zan
annual assess,
?*?' ^sessment pei o
every 0 ,fir subject th
Directors."". e Associ
a certificate s' a , b
specified Lot ha en
of payment of t assess
Both G t. and special assessments shall,
sided, be i e . It a uniform rate for all
t providE?l ever, that the
o4tipied as a residence, may
4he Association, but shall not
its for other Lots.
me ment ofA ual Assessments; Due Dates. The annual
r lip in shall comp' e as to all Lots on the first day of the
^r ?? anent Common Open Space. Such
laid rata' n a monthly basis. The Board of Directors
a Tt,t ly basis. The Board of Directors shall fix the amount
L agar h Lot at least thirty (30) days in advance of each
Wr' en notice of the annual assessment shall be sent to
to. The due dates shall be established by the Board of
n shall, upon demand, and for a reasonable charge, furnish
officer of the Association setting forth the assessments on a
paid. Any certificate so given shall be conclusive evidence
ments stated therein.
Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the
lien against the property in the same manner in which Deeds of Trust may be
foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes,
or its successors, and in either event interest, costs and reasonable attorney's fees of
any such action shall be added to the assessment. No Owner may waive or otherwise
escape liability for the Permanent Common Open Space or abandonment of his Lot.
Should any deficiency remain after the foreclosure, the Association may also bring an
action against the owner for said deficiency.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage and ad
valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer. No sale or transfer shall
5
relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of North Carolina shall be exempt from
the assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
Section 12. Working Capital Fund. At the time of closing of the sale of each unit a
sum equal to at least two (2) months assessment for each unit shall be collected and
transferred to the Association to be held as a working capital fund. The purpose of
said fund is to insure that the Association Board will have adequate cash available to
meet unforeseen expenses, and to acquire additional equipment or services deemed
necessary or desirable. Amounts paid into the fund shall not be considered advance
payment of regular assessments.
ARTICLE VI
ARCHITECTURAL CO
No building, fence, wall or other structure shall be
upon the Properties, nor shall any exterior additinj?
be made until the plans and specifications sh
materials, and location of the same shall g . ??
writing as to harmony of external design }
structures and topography by the Board of Dire
architectural committee compose of three (3) or n
enc ected or maintained
it a o chan'ge ' ., teration therein
the nature, kin ;' ? e, height,
beet submitted to . + la. roved in
on
the Board. In the event said Boarl " 41s designated
disapprove such design and locatioi , in, (30) l
specifications have been submitted t gill not
will be deemed to have fully complie it
ion to surrciding
ssociation, or by an
;entatives appointed by
tee, fails to approve or
Or said plans and
required and this Article
ARTICLU VII
ANNEXA & ` ? : IONAL PROPERTIES
Se n 1. Annex" n property shall require approval from the
tion, and sha h regm ` o occur within ten (10) years from the date of this
inst provided, eve that all annexations of additional properties to the
original lopment d ribed in Article I hereof must contain a minimum of five
(5) acres, b `u tiguot o the property previously annexed. Provided further, that no
annexation of property shall have the effect of placing the original
development m v}lation of the of County Zoning Ordinances.
Section 2. Annexation of additional Properties shall be accomplished by recording in
the County Registry a Declaration of Annexation, duly executed, describing the lands
annexed and incorporating the provisions of this Declaration, either by reference or
by fully setting out said provisions of this Declaration. The additional lands shall be
deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent
on the part of the Association or any other person or entity shall be necessary to
accomplish the annexation, except approval by the ..............Town Council.
Section 3. Prior to the conveyance of the first lot in any newly annexed area, the
Declarant shall deliver to the Association one or more deeds conveying fee simple
title to any Permanent Common Open Space within the lands annexed free and clear
of all encumbrances and liens except utility, storm drainage and greenway easements.
6
ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following
provisions:
Section 2. Distribution of Insurance Proceeds.
by the Association as
beneficial Owners
(a) Ownership of Policies. All insurance policies upon the common
areas shall be purchased by the Association for the benefit of all the
Association and the Owners. Lot owners shall be responsible for
insurance coverage of personal property within their own unit.
(b) Coverage. All buildings and improvements and all personal property
included in the Permanent Common Open Space and facilities shall
be insured in an amount equal to one hundred percent (100) insurable
replacement value as determined annually by the Association with
the assistance of the insurance company providing coverage. Such
coverage shall provide protection against:
(1) Loss or damage by fire and other hazards covered by the
standard coverage endorsement, and ,\
(2) Such other risks as from time to t' ?halP sbe customarily
covered with respect to build' e land, if any.
(3) Such policies shall contain c se pro g for waiver of
subrogation.
(c) Liability. Public liability ins nce s all be secure the
Association with limits of, ility of less than On n and
No/100 Dollars ($1,000, 0 er o ence and sh nclude an
endorsement to cover liability wne s as a group to a single
Owner. There s all also be obtain'`'' ,ich other insurance coverage
as the Associati i 1 determine fr pct'e to time to be desirable
and necessary.
(d) Premiums. Premiu for cc pull "s purchased by the
Association shall be 'd le ion and charged to the
O n assessme ccordin the provisions of Article v
a )vc.
(e) eeds. ' insurance . s purchased by the Association shall
be le of the As ciation and the Owners and their
f? mort? s as t may appear, and shall provide that all
-eof shall e payable to the Association as insurance
t t?, s tin s eclaration. The sole duty of the Association as
in- c trus shall be to receive such proceeds as are paid and to
hold t same n trust for the purposes stated herein or stated in the
By -L ? and for the benefit of the Owners and their mortgages in
?r. the fo winiz shares:
Proceeds on account of damage to Permanent Common Open
Space and facilities held for the Association.
In the event a mortgagee endorsement has been issued for any
Lot, the share of the Owner shall be held intrust for the
mortgagee and the Owner as their interests may appear.
Proceeds of insurance policies received
insurance trustee shall be distributed to or for the benefit of the
in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees
shall be first paid or provisions made therefore.
(b) Reconstruction or Repair. The remaining proceeds shall be
paid to defray the cost of repairs. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial Owners
as above provided.
Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to
expend funds, or otherwise deal in the assets of the Association or those held in trust,
shall first be bonded by a fidelity insurer to indemnify the Association for any loss or
default in the performance of their duties in an amount equal to six (6) months'
assessments plus reserves accumulated.
7
ARTICLE IX
USE RESTRICTIONS
Sectionl. Rules and Regulations. The Board of Directors of the Association shall have
the power to formulate, amend, publish, and enforce reasonable rules and regulations
concerning the use and enjoyment of the front yard space of each Lot and the Permanent
Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the Violation thereof, or for the violation of any of the covenants and
conditions contained in this Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary offices
of the Declarant and/ or any model used by Declarant) shall be used except for residential
purposes and for purposes incidental or accessory thereto.
Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on
upon the Properties, nor shall anything be done which may be or may become a nuisance
or annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any k
maintained on any Lot or in any dwelling except that dogs, c t
may be kept or maintained provided that they are not kept
purposes. Allowed pets must be on leash when not in o ` is
pets feces must be cleaned up while on leash and in a
determined to be of a dangerous breed, as specifie ociz
Section 5. Dwelling Specifications. No dwel hall b lte
its Architectural Control Committees perm is ion. ?cce
storage or other appropriate use, shall not in excess un
in area. . No automobiles shall be p ked on any stree " a ttir
parking will be at parking areas provr t?,i ,common area F`
entire dwelling unit, but no portion of 1 g unit sha
the rest of the unit. J
Section 6. Temporary S res. Excep
shack, barn or other o " other than
hundred fifty (250 llr? l??t " ize, shall 1:
these covenants. o N led age shall at
either temporary or pern
be kept or
household pets
l for commercial
pet area. All
ao time will dogs
:fie allowed.
,d withou , ", anon or
building or .,' ucture for
red fifty (2 0) square feet
any of the lots. Excess
owner may let or rent his
'used separately from
forth, no trailer, tent,
building not more than two
or placed on any lot covered by
be used for human habitation,
Section 7 ign fence o Tencing-type barrier of any kind shall be
place ,-ected, allo mai d on any portion of the community, including any
lot, the prior wr conse the Association or its designated Architectural
Control ittee. The itt may issue guidelines detailing acceptable fence
styles or spe " ations, but'i no event shall hog wire be approved. Chain link fencing
shall not be rom t ront (or the front and the side, in the case of a corner lot) of
any house locate -M. Fl aving such type of fencing. No signs shall be erected or
allowed to remain or', y lot except with the written consent of the Board of Directors.
Section 8. Buildings and Other Outdoor Structures. No accessory building of any
nature whatsoever (including, but limited to, detached garages, storage buildings,
doghouses, and greenhouses) shall be placed on any lot without the prior written approval
of the Architectural Control Committee, with said committee to have the sole discretion
relating to the location and type of accessory building which shall be permitted on any
lot. Under no circumstances shall metal storage buildings.be permitted. All accessory
buildings must conform to the same architectural style as the residence located on the
same lot. No. outside clothes lines, tree houses, playhouses, motorcycles, supplies,
tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers,
vans (other than one noncommercial van owned and operated on a regular daily basis by
the owner-occupant of the lot), campers or other equipment or vehicles, except for
operative licensed automobiles, shall be regularly parked or stored in any area on a lot
except inside an enclosed building, behind screening approved by the Homeowners'
Association or its designated Architectural Control Committee. Garbage and refuse
containers, transformers, air conditioning and other mechanical equipment, including
solar and other mechanical equipment, including solar and other alternative energy
devises shall either be concealed behind screening or integrated into the building design
8
so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play
structures, benches, sculptures, etc., shall be concealed by approved screening or
approved in writing by the Board or Architectural Control Committee as compatible and
harmonious with the surroundings.
Section 9. Appearance
No inoperable motor vehicles may be parked on any lot if visible from any road within
the subdivision. All mailboxes shall be of the same type and shall be provided to the first
permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers
shall be left at street side or visable from street and must be deposited in common trash
container provided by Association. Landscaping will be established by Declarant and
will be maintained by the Association on owners and common property.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanen n Open Space,
shall be subject to such easements for driveways, parking ar water lines, sanitary
sewers, storm drainage facilities, gas lines, telephone an ct wer lines and other
public utilities as shall be established by the Declaran o its p essors in title, prior
to the subjecting of the Properties to this Declarati ' e Assoc ` , I shall have the
power and authority to grant and establish upon er, under, and across 'h Permanent
Common Open Space conveyed to it, such fu aseme as are requis e
convenience, use and enjoyment of the Properties." dd' there is her reserved
in the Declarant and its agents and employees an eas and right of ingress, egress
and regress across all Permanent Co on Open Space, or hereafter owned by the
Association, for the purpose of const of improvem within the Properties.
Section 2. All Lots shall be subject to e em the encr, ents constructed on
adjacent Lots by Declarant to the extent t su bvements actually encroach
including, but not limite ch items as anging es, gutters and downspouts
and walls. `?,
Section 3. An e is her established the Permanent Common Open Space
and facilities for the bei ' of le gove ental agencies as necessary for setting,
removing a of re _ maintaining water, sewer and drainage
facilities ctric l'on? and cable antenna lines, fire fighting, garbage
college 1, postal deli f (: i ner d rescue activities and law enforcement
Section 4. dwelling located closer than five (5) feet from its lot line, so long as
such setback lies witl e County Zoning Ordinances, the owner thereof shall have
a perpetual acce em over the adjoining lot to the extent reasonable necessary to
perform repair, mat e , nce or reconstruction of his dwelling. Such repair, maintenance
or reconstruction sh be done expeditiously and, upon completion of the work, the
owner shall restore the adjoining lot to as near as the same condition as that which
prevailed prior to the commencement of the work as is reasonably practicable.
Section S. Water and Sewer. All lot owners shall be subject to monthly charges as
approved by the proper public authorities for water and sewer for domestic usage.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of the Lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners.
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Section S. Storm Water Restriction. In accord with Title 15 NCA
Coastal Stormwater Management Regulation, ri
are required for Low Density Residential Subdivlc?
and sold. Deed restrictions and protective covenants`
development maintains a "built-upo area consistent
governing the density level. The folio irEleed restri
recorded prior to the sale of any lot: °-
1000, the
i 'ons and proteN, t `ovena
lots will be divided
cessary to ensure that the
he applicable regulation
?iI& ?rd covenants must be
(a) The following covenants inte n?ongoing compliance with
State Stor tQrr Managem ermit n er , as
issued t e lion of Wa Quality rider NCAC 2H. 1000.
(b) Th 01' N (_) 0t1 Carolina is de a beneficiary of these covenants to
the ext? it << to maintain pliance with the stormwater
(c)/'"'e r, to th the land and be binding on all persons and
,f partie al i ng i1 r them.
'(c The cove a is pe g to stormwater may not be altered or rescinded
without the t:. pres itten consent of the State of North Carolina,
Rivision of ater Quality.
(e) eft ration o „ he drainage as shown on the approved plan may not take
p it t the concurrence of the Division of Water Quality.
(f) The irk i, um allowable built-upon area per lot is as follows:
Lot # BUA Lot # BUA
1-18,20 3920 SF 21-69,19 4150 SF
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
(g) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
(h) Eaeh let will maintain a 30' wide vegetated buffer- between impe-
and suffaee waters.
(i) All f ,1 shat to f :""*o at least 30' f e the mean high , a4ef " ar-k
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Section 6. If any amendment to these covenants, conditions, and restrictions is executed,
each such amendment shall be delivered to the Board of this Association. Thereupon, the
Board of Directors shall, within thirty (30) days, do the following:
(a) Reasonably assure its self that the amendment has been executed by the
Owners of the required number of Lots. (For this purpose, the Board
may rely on its roster of members and shall not be required to cause any
title to any Lot to be examined.)
(b) Attach to the amendment a certification as to its validity, which
certification shall be excused by the Association in the same manner that
deeds are executed. The following form of certification is suggested:
Section 7. Wetland Restrictions. All of the Property subject to this Declaration of
Covenants and Restrictions shall also be subject to the following special provisions
relating to wetlands. In developing the property, the Declarant has agreed with the
Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of
Engineers) to restrict and prohibit any future filling or other detrimental activities in the
wetlands area which presently exist within the identifie`? a of the Property.
Accordingly, all wetlands shown and delineated on the tlan survey plat dated
and verified by the Corps of Engi . ,
shall be maintained in perpetuity in their natural or n
entity shall fill, grade, excavate, or perform any oth2
remove, or harm any vegetation; nor construct an watering or any other agricultural use on s,11611, cons
intended to ensure continued compliance
issued by the United States of Am rfit
Engineers, Wilmington District, Action ID 20064(;
enforced by the United States of . This cove
shall be binding on the Owner, and all
This Declaration must be execute
Deeds prior to the selling or developing t
recording of a wetlanrerified by
depict the location X11 « itcr,:-_ind wetla
Declarant shall D il?e ulc C(,Yi s with a
soon as possible.
Bv
(CORPTE SEAL
ATTEST:
Secretary
unXi
ated' t gition. No person or
disturbi- I activities; nor cut,
ss, nor allow, imal grazing or
ition area. ld iil s.., cQw'enant is
oia condition o'ihorizations
Army Corps of
-067, and therefore may be
i\,;shall run with the land, and
"rre 1i le?,l \ itlI art eret County Register of
pe } recording must also include
U.S. Arj;ry Corps of Engineers and must
within the boundary of the Property. The
c-f the recorded restrictive covenants as
Section 1. Management and Contract Rights of Association. Declarant may enter
into a contract with a Management company manager for the purposes of providing
all elements of the operation, care, supervision, maintenance, and management of the
property. However, no such contract shall be binding upon the Association except
through express adoption, or ratification of the terms and conditions of such contract.
Any contract or lease entered into by Declarant or by the Association while Declarant
is in control thereof shall contain a provision allowing the Association to terminate
such contract without justification or penalty after transfer or management by the
Declarant to the Association.
Section Z Rights of Note holders. Any institutional holder of a first mortgage on a
Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal
11
year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage, (e) receive written notice of any sixty-day (60)
delinquency in the payment of assessments or charges owed by the owner of any unit
on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or
material modifications of any insurance policy or fidelity bond maintained by the
Owners' Association, (g) receive written notice of any proposed action that requires
the content of a specified percentage or mortgage holders, and (h) be furnished with a
copy of the master insurance policy.
ARTICLE XII
ELECTRICAL SERVICE
Declarant reserves the right to subject the above-described Property to a contract with
Jones-Onslow Electric Membership Corp. for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may
require an initial payment and/or a continuing monthly pay o Jones-Onslow
Electric Membership Corp. by the Owner of each Lot wi m sai Property.
ARTIC
EMERGEN. ACCESS
In no case shall the Association be responsible ?i 1provide an3reemergency , IN or regular fire, police, or other public service to s ' [x', evelopments or their occupants
when such failure is due to the la*-. n?f access to sucieas due to inadequate design
or construction, blocking of access iii'- or any other (`i' r within the control of the
developer, homeowners' associatio >i `iants.;
IN WITNESS tNz }F Hurst La roup, Inei0'has caused this declaration to be
signed this _Z ?la? u1 06.
,-Law Group,
By:
President
STATE OF NORTH CAROLINA
ONSLOW COUNTY
I, , a Notary Public in and for said
County and State, do hereby certify that on the day of , 2006,
Basil T Hurst, personally appeared before me and acknowledged that he is the
President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged
the due execution of the foregoing instrument for and in behalf of the corporation.
Witness by hand a notary seal, this day of , 2006.
Notary Public
My commission expires:
12