20071301 Ver 1_More Info Received_20090218

PARKER & ASSOCIATES, INC.
raping Hori2o??
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976 ;`.`:.:'......'.'`.'.. ;''''.:';':''•`.'•:';.'''.
[phone] + Fax: [phone]
LETTER OF TRANSMITTAL
TO: Mr. David E. Bailey, Regulatory Specialist
U.S. Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
WE ARE SENDING YOU:
One (1) copy of the Recorded Wetlands Covenants.
DELIVERY VIA:
DATE: February 13, 2009
REF: Dawson Place, Section II & Section III
Onslow County, NC
Recorded Wetlands Covenants

® Regular Mail
? Hand
? $gral Express
? UPS Overnight
? UPS Ground
THESE ARE TRANSMITTED AS CHECKED BELOW:
? Other
? For Approval ? As Requested ? For Review and Comment
® For Your Use ? For Bids Due
? Other
COMMENTS:
Mr. Bailey - I have been back
our files and found that the recol'ded wetlands covenants
were never sent to the U.S. Corps of Engineers.
i '
^' t
?Angelee . Costello,
Copies To: Ms. Joanne Steinhuis (w/enclosures) Administrative Assistant
JWP/avc CF (P), LAM
(if enclosures are not as noted, kindly notify us at once)
c I .J WP.LOT.Bailey.DawsonPlaceII_II1.2.13.09
EMAIL ADDRESS: TEXT MESSAGES TO: paitext(&bizec.rr.com MAPS AND PLANS TO: yaidraftAbizec.rr.com
+ ENVIRONMENTAL ENGINEERING + STORMWATER, WATER AND WASTEWATER SYSTEMS
+ FEASIBILITY AND DEVELOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS
CRP
ID: 004474400 005 TYPe.
Doc 2:21:25 PM
Recorded: 07/24/200a at 1
Fee Amt: $26.00 Page i of 5
On slow County NO of Deedi
Maryland K. Washington Reg.
3141 Pe881-885
Prepared by: FRANK W. ERWIN, ATTORNEY
Erwin, Simpson & Stroud, Attorneys, P.L.L.C.
Index in the Grantor Index:
DAWSON PLACE, SECTION H
DAWSON PLACE, SECTION III
DACARD, LLC, Declarant
DAWSON PLACE Architectural Control Committee
NORTH CAROLINA
ONSLOW COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Conservation Declaration") , made the 13r-el day of JULY, 2008, by
DACARD, LLC, a limited liability company organized and existing under and by virtue of the laws
of the State of North Carolina, hereinafter called "Declarant."
BACKGROUND STATEMENT
The Declarant is the owner of the real property described in Paragraph 1 of this Declaration
and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each
and all of which is and are for the benefit of such property and for each owner thereof, and shall
inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof,
and shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, Declarant hereby declares that the real property in and referred to in
Paragraph 1 hereof is and shall be held, transferred, sold and conveyed subject to the protective
covenants set forth below:
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
1. DESCRIPTION OF REAL PROPERTY:
The real property which is, and shall be held, transferred, sold and conveyed subject to the
protective covenants set forth in the articles of this Declaration is located in the County of Onslow,
State of North Carolina, and is more particularly described as follows:
BEING all of that property as set out and as shown on that
"WETLANDS CONSERVATION MAP PROPOSED DAWSON
PLACE, SECTION II" recorded in Map Book 54, Page 45, Onslow
County Registry and being all of that property as set out and as
shown on that "WETLANDS CONSERVATION MAP
PROPOSED DAWSON PLACE, SECTION III" recorded in Map
Book 54, Page 46, Onslow County Registry
2. WETLANDS AND CONSERVATION SPECIAL PROVISIONS:
A. Compliance with Wetlands Regulations: It shall be the responsibility of each
owner, prior to alteration of any lot, to determine if any portion of the Lot shall have been
determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill
or alteration of this wetland shall conform to the requirements of state wetland rules adopted by the
State of North Carolina in force at the time of the proposed alteration. The intent of this deed
restriction is to prevent additional wetland fill, so the property Owner should not assume that a
future application for fill will be approved. The property Owner shall report the name of the
subdivision, in any application pertaining to wetland rules. This covenant is intended to insure the
continued compliance with wetland rules adopted by the State of North Carolina, therefore benefits
may be enforced by the State of North Carolina. This covenant is to run with the land and shall be
binding on all parties and all persons claiming under them.
B. Conservation Areas: The areas shown on those plats recorded in Map Book
54, Page 45, and Map Book 54, Page 46, as conservation areas shall be maintained inperpetuity in
their natural or mitigated condition. No person or entity shall perform any ofthe following activities
on such conservation area:
(1) fill, grade, excavate or perform any other land disturbing activities
(2) cut, mow, burn, remove, or harm any vegetation
(3) construct or place any roads, trails, walkways, buildings,
mobile homes, signs, utility poles or towers, or any other
permanent or temporary structures
(4) drain or otherwise disrupt or alter the hydrology or drainage
ways of the conservation area
(5) dump or store soil, trash, or other waste
(6) graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition of a Clean
Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers,
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
2
Wilmington District, AID# 200600316 and therefore may be enforced by the United States of
America. This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it.
5. GENERAL PROVISIONS:
Section 1. Term: These covenants are to run with the land and shall be binding on all parties
and all persons claiming under them for a period of twenty (20) years from the date these covenants
are recorded, after which time such covenants shall be automatically extended for successive periods
of ten (10) years.
Section 2. Enforcement: In the event of a violation or breach of any of these restrictions,
covenants, agreements and conditions by any person or concern claiming by, through or under the
undersigned, or by virtue of any judicial proceedings, the Declarant, its successors and assigns and
the owners of the number lots in the subdivision, or any of them, jointly or severally, shall behave
the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent
the violation or breach of any of them. Costs and reasonable attorney fees shall be recoverable by
the person or party seeking to compel compliance with these restrictive covenants as part of any
judgment or order issued. The failure to enforce any right, reservation, restriction or condition con-
tained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter
as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or
affect its enforcement.
Section -2.1. Remedies Extended to the State of North Carolina: To ensure that this
subdivision is maintained consistent with the laws of the State of North Carolina, the State of North
Carolina is specifically empowered to take such acts necessary by and through its officers to enforce
any of these covenants against an Owner. The State of North Carolina is specifically made a
beneficiary of these covenants.
Section 3. Modification of Restrictive Covenants: Except as to specific rights retained by
Declarant, these restrictions are subject to being altered, modified, canceled or changed at any time
as to said subdivision as a whole or as to any subdivided lot or part thereof during the first twenty
(20) year period by written document executed by the Declarant or their successors in title and by
the owner of not less than ninety percent (90%) or more of the subdivided lots, the Declarant may
alter or amend these covenants without consent of anyone. After the expiration of the initial twenty
(20) year period, these restrictions are subject to being altered, modifi ed, canceled or changed at any
time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document
executed by not less than seventy-five percent (75%) of the Lot Owners, and recorded in the office
of the Register of Deeds of the County in which this Declaration is recorded.
Section 4. Special Provision Relating to Amendment: No amendment shall be valid to
affect the provisions of this Declaration (Wetlands and Conservation Special Provisions) without
the execution and recording of an amendment upon the authorization and approval of the United
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 11S, Jacksonville, NC 28540
3
States of America, U.S. Army Corps of Engineers, Wilmington District, or successor regulatory
agency or authority.
Section 5. Severabilitv: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
DACARD, LLC
BY L-- (SEAL)
MICHAEL G. TUTON, MANAGER
BY (SEAL)
STEVEN WANGERIN, MXN'AGER
Onslow County
North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: MICHAEL G. TUTON
Date: '1-23,0
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ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
4
Onslow County
North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: STEVEN WANGERIN
Date: 1-13-000
Signature of N
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My commission expires:
K:IDACARDIDAWSON PLACEIRC-CONSERVATION DECL SECI WETLDSRC(101206)
rev fwe 101306 rev fwe 101706 121906fwe
K:IDACARDIDAWSON PLACE\RC-CONSERVATION DECL DAWSON PL SEC 11 111(060507)060807\072208
R13744
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
5