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HomeMy WebLinkAboutSW8920504_Historical File_19920602State of North Carolina Department of Environment, Health; and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary June 9, 1992 Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. J. Ward Andrews, P.E. Post Office Box 4423 Wilmington, North Carolina 28406 Subject: Additional Information Stormwater Project No.920504 Meadowbrook Subdivision, Section I New Hanover County Dear Mr. Andrews: The Wilmington Regional Office received a Stormwater Submittal for the Meadowbrook Subdivision, Section I, on May 8, 1992. A preliminary review of that information has determined that the submittal for the subject project is not complete. The following information is needed to continue the stormwater review: 1. Provide an overall scaled site plan which delineates each lot with individual lot lines and project boundaries. 2. The 42" RCP must be eliminated if within the project boundaries of a Low Density Stormwater Submittal. Perhaps a vegetated swale could replace this pipe. .-(o 3. What is the invert elevation of the 18" FES between lots #6 and #7? �e 4. Provide station numbers of both flumes and show eclr Z locations of all flumes on the vertical profile. ._, 5. Are lots graded to drain towards the street? 6. Provide the bottom width and vegetative specifications on the swale detail. ��Pf65 �[>OChIJ -continued- 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 9i9.350-2o04 An Equal Opportunity Affirmative Action Employer Mr. Andrews June 9, 1992 Stormwater No.920504 --------------------- 7. Provide information regarding the "existing swale", i.e. bottom width, grade, side slopes, vegetative specifications, and base flow. 8. The plans and all accompanying information should contain the complete project name (specifically Section I"). Please include a Notaries Seal and also, the name and section number of the project on a original Deed Restriction. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to July 10, 1992, or the submittal will be returned as incomplete. If you have any questions concerning this matter, please call me at (919) 395-3900. DA/aif: 920504.JUN cc: (2) Alexis Finn Central Files Sincere , Ms. Alexis I. Finn Environmental Engineer 2 :tEd1i;GA T. CNi'6T Ai. BOOK PACE ► EGISTER OF 0GS1 IfANOVER CO. NC 1620 0912 ' STATE OF NORTH CAROLIIM 92 SEP 18 PPl 3 it DECURATIOR OP RESTRICTIo s COUM OP NEW HANOVER SECTION X. NBADOWSROOK KNOW Find, MEN BY THESE ,kI; ai wkfs: That the undersigned, LANDMARK ORGANIZATION, INC., (LOX), a North Carolina corporation, hereinafter called DEVELOPER is the OWNER of all of the interest and equity in that certain tract of land known as SECTION i, NEADOWBROOK, and it is the desire of the undersigned, the DEVELOPER of this land, to insure the use of said Property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot OEM the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his lot than is %necessary to Insure the same advantages to the other lot OWNERS; NOW, THEREFORE, the undersigned does hereby covenant, agree and declare to and with all persons, Liras or corporations now owning or hereafter acquiring any property in SECTION X, NUUMU iROOK, that all of the lots in said subdivision as shown on a map recorded in Nap Book 32 at Page 288 -of the New Hanover County Registry, are hereby made suble—c-t—Go-The following restrictions as to the use thereof, running with the land by whomsoever owned, to wit: I. All lots in said Subdivision shall be known as single-family residential lots, and shall be used for residential purposes only. All building plans and site locations for residences must be approved prior to construction by DEVELOPER. No lot may be clear cut or substantially cleared without the express written consent of DEVELOPER. The roof of each residence must have a minimum pitch of 6/12, unless written permission to vary therefrom is first obtained from DEVELOPER. All roofing colors must be earth tones, such as bromrne, blacks or grays. 2. No residence smaller than 975 square feet of heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be constructed or located on any building lot. Provided, that in cases where the area is not more than ten percent (108) below the minimum above set out, DEVELOPER, or its designated agents, may, at their option, approve the construction of the dwelling if it is in conformity with the general development of the Subdivision. In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, uAlesa it iri on the Baas utility hookup as the main dwelling and is a finished part of the constructed living space. In addition the total built -upon area on each lot shall not exceed the requirements of the Title 1 HCAC 2H.1003 Coastal Storm+ater Regulations. These regulations currently provide that each lot will be restricted to 1,927 square feet of built upon area including imperious surfaces such as house and driveways. The State of North Carolina shall be a beneficiary of this provision entitled to enforce the same by any available action or remedy against any lot owner who violates the terms of this provision. 3. No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar paper composition shall be used for the exterior of any residence constructed on any building lot herein conveyed, it being intended that only conventional frame, wood, masonite-type hardboard, vinyl, brick, clay brick or stucco exteriors be constructed on the lots subject to these 2555� M.,K00, BOOK PAGE 1620 0913 covenants. Paint colors on house at the time of closing may not be changed for five (5) years without the prior approval of DEVELOPER. 4. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation,. ecological and related considerations, no specific setback Lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, DEVELOPER reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any lot and a plot plan shall be furnished to LOI for approval before construction begins. In any event, no house shall be erected closer to the front lot line or nearer to any side line than the minimum distances established by applicable New Hanover county ordinances, but not less than 25 feet. on corner lots, the side having the least frontage shall be considered the front lot line of said lot. 5. No house trailer, mobile home, travel trailer or other recreational vehicle, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily or permanently. Any storage building must conform to the paint colors and building style of the main structure constructed on any lot. Construction and placement of said building on any lot shall be approved by DEVELOPER, prior to the construction thereof. Boats shall be kept inside a storage buildino or in th-- back yard and not visible from the street. No satellite dishes or exterior antennas may be installed without prior written approval from DEVELOPER. 6. No fence shall be erected or hedge grown on any lot unless written approval thereof has first been obtained from DEVELOPER. Fences facing or parallel to the street shall be wood construction. No fence and no hedge shall be permitted nearer the front lot line than the front of the house constructed on said lot unless approved by DEVELOPER. All corner lots shall be required to have a fenced area at least 10 feet by 5 feet in size in the rear of the house and attached to the rear of the house, within which shall be kept lawn sowers, bicycles, toys, grills and other similar stored materials. On lots having buffer fences installed by the DEVELOPER, the OWNER of the lot upon which the fence is located shall maintain the fence in its original condition. All fences constructed hereunder shall be maintained in original condition. i. Nodular and prefabricated homes and previously constructed houses may not be erected or placed an e±ey let, without the express written consent of DEVELOPER. S. No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot subject to these Restrictions, except that one sign of not more than five square feet in area may be used to advertise a complete dwelling for sale. No "For Sale" signs are allowed on any unimproved lot. This covenant shall not apply to signs erected by the DEVELOPER used to Identify and advertise the subdivision as a whole, or by a contractor for an item of work being performed on a given lot. 9. No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house,. within an accessory building, within a screened area, or buried underground. y} BOOK PAGE :.s_. 1620 0914 10. All water to be used in said subdivision for any purpose whatsoever shall be obtained from a Community Water system, unless other sources are approved by the City or County Board of Health. An eight (8) foot radius from each water sister shall be an easement for maintenance and repair of such meter. Lot OWNERN may, however, drill shallow wells for Irrigation and non -domestic use. Said wells must be located in the back yard so as not to be visible from the street. Sewage disposal shall comply with the regulations Of the North Carolina Board of Health. Each lot in said subdivision is subjected to a sewer maintenance easement across the front ten (101) feet of each said lot. Easements for installation and maintenance of utilities and drainage facilities are reserved over the rear, front and side ten (10) feet of each lot and easements for drainage and utilities also are reserved as shown and designated on the plat of said Property hereinabove referred to. The DEVELOPER shall have no responsibility for maintaining drainage easements in connection with any lots sold. All maintenance shall be the responsibility of the purchaser of a lot, his heirs, successors and assigns, within said easements. No structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each lot and all improvements in tt shall be maintained continuously by the OWNER of the lot, except for those improvements for which a public authority or utility company is responsible. 11. No yard sales or garage sales shall be permitted upon any lot in this Development. 12. No noxious or offensive activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or may become an annoyance or nuisance to the neighborhood. No domesticated farm animals or fowls shall be raised, bred or kept an the property. In the event yards are not properly maintained, they shall be cleaned up at the OWNER's expense. Unsightly, inoperative, or unlicensed junk cars and like eyesores cannot be maintained on any lot, either prior to or after the residence has been erected thereon. 13. The Buyer or Purchaser of each lot shall keep the lot mowed regularly, including that area from the lot line to the edge of the paved street and clear of any unsightly objects, and in the event that the Buyer or Purchaser of any lot within the said Subdivision breaches this restriction, the DEVELOPER reserves the right to enter upon the said lot and now the grass, clean up the lot and remove unsightly structures and objects at property OWNER's expense. Where lots border on or contain ditches, drainage canals or -swales, the Buyer of each lot shall keep that area, including the slopes, down to the edge of the water, mowed and maintained regularly. Washouts or erosions on the lots adjoining ditch banks and awales to pavement Shall bo properly tended to by the respective lot OWNER. 14. The DEVELOPER reserves the right to subject the real property in this Subdivision to a contract with Carolina Power and Light Company 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 Carolina Power and Light Company by the OWNER of each lot. 15. Each lot OWNER shall provide receptacles for garbage and all cans, carts and bags must be kept in a screened area, accessory building or other storage facility, and not visible from the street, except on garbage pick-up days. 3 11 1620 0915 16. Construction activity on a lot shall be confined within the boundaries of said lot. Each lot OWNER shall have the obligation to collect and dispose of all rubbish and trash resulting from construction on his lot. Upon a lot OWNER's failure to collect and dispose of such trash within thirty (30) d&ys after receipt of a written notice from DEVELOPER, DEVELOPER may collect and dispose of such rubbish and trash at the lot OWNER's expense. 17. Each lot in the Subdivision shall have only one (1) mailbox and one (1) paper box to be mounted on a single post, and all such boxes shall be as approved by LOi. Such mailboxes or paper boxes may be provided by the DEVELOPER or the builder. Any boxes provided by the builder shall be considered an improvement and suet remain with the lot and shall be maintained by property OWNER. 10. Invalidation of any one of these covenants judgments or court order shall in no way affect any of the other covenants herein, which shall remain in full force and effect. 19. If the parties hereto, or any of them, or their heirs and assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons, owning any real property situated in SECTION I, MEADOWBROOK, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent rim or them from doing or to recover damages or other dues for such violation. 20. DEVELOPER specifically reserves the right to amend, or change any part or all of the restrictions, covenants and conditions herein not out at any tise prior to December 31, 1994 by the Ailing in the Office of the Register of Deeds of New Hanover County a Declaration of Amended Restrictive Covenants. Retention of this right by the DEVELOPER is not intended to affect the general or common scheme of development for the property herein described but to correct and/or modify situations or circumstances which may arise during the course of development. Thereafter, these Restrictions may be amended by vote of the OWNERS of two- thirds (2/3) of the lots in SECTION I, MBADOWBROOR. 21. All covenants and restrictions herein shall run with the land and shall be binding on all parties owning lots in said Subdivision for a period of twenty (20) years from the date hereof at which time these covenants shall be automatically extended for successive periods of ten (10) years each unless by vote of the then OWNERS of a majority of said lots not under legal disability, it is agreed to revoke or amend same. 22. In certain instances, conservation areas or green ways, or vegetated buffers may be conveyed with a lot to an OWNER. Such areas are for conservation purposes and as such, not for OWNER's private use. These areas are to remain entirely natural. No fences or structures of any type may be erected In said areas and no undergrowth or any type of vegetation may be removed. Notwithstanding the foregoing, any area identified as a Planting Area on any map or revision of lots map of SECTION I, MEADOWBROOR may be conveyed with a lot or lots in said section of the Subdivision or may be conveyed to one or more lot OWNERS in said Subdivision. No structures other than those fences, signs, entranceway structures, landscaping or similar construction by the DEVELOPER shall be permitted in the Planting Area. In the case of conveyance of a Planting Area as met forth herein the DEVELOPER reserves an easement to go upon the Planting Area and maintain any of the above -described construction. DEVELOPER further reserves the right and an easement to change, reconstruct or construct any fences, signs, entranceway structures, landscaping or the equivalent in and over the Planting Area. 4 M 1620 0916 The lot OWNER or OWNERS to whom any Planting Area is conveyed shall keep the Planting Area mowed and shall maintain it regularly so that said area shall be neat and in good condition and appearance at all times. With the consent and approval of the DEVELOPER, the lot OWNER may sake certain plantings and may landscape the planting Area. 23. DEVELOPER reserves the right to change, altar or redesign roads including the extension of streets and roadways for the purpose of providing access to adjacent properties, Utility and drainage facilities and easements and to change, alter or redesign lot lines and Planting Areas as may, in the sole judgement of the DEVELOPER, be necessary or desirable except that the DEVELOPER shall have no right to change or alter the use of the lots within the Subdivision. 24. Whenever used herein, the word ,DMLOPBR" is deemed to mean LANDMARK ORGANISATION, INC. (LOI), its successors or assigns. 25. THESE RESTRICTIONS APPLY ONLY TO SECTION I, MEADOWBROOK SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DESIRED, TO BE A REPRESENTATION, WARRANTY, COVENANT OR THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY .DEVELOPER IN THE VICINITY OR AREA OF SAID DEVELOPMENT. DEVELOPER t'OR ITSELF, ITS SUCCESSORS AND/OR AS$Y"S, DECLARES THAT SECTION I, EMDOWBROOK SUBDIVISION, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE REAL PROPERTY DESCRIBED HEREIN, AND THAT THE REMAINDER OF SAID PROPERTY WAY AND CAN BE USED, DEVELOPED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS OTHER THAN AS SET OUT HEREIN. IN TESTIMONY WHEREOF, LANDMARK ORGANISATION, INC., the DEVELOPER, has caused this instrument to be signed in its name by its President, sealed with its corporate seal, and attested by its Secretary, this 15th day of September, 1993. (CORPORATE SEAL) ATTEST: e�k,010 sec tart' 0 -Y CASO! LANDMARK OR4ANIZATION, INC. BY: Ali -A. 4L I I APresident .30 11 "t• +rn� Y— NORTH CAROLINA BOOK PAGE 401110.4®yp✓ COUNTY 16 2 0 0 917 I, J-00 b, 5W,7K, a Notary Public Of the State and County aforesaid, certify that 7Pci/,4, ,F4yA,,r personally case before me this day and acknowledged that he is hyr-ifAwrsecretary of uummRK ORGANISATION, INC., a North Carolina corporation with its principal office in New Hanover County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its,*esident, sealed with its corporate seal, and attested by himself as its ai-I-SAWrsecretary. ✓���t��b�WITNESS my hand and official seal this I� day of 1992. My commission expires: v a�.+raiY rucai iV-N p. Sry�/Ty •, ••,'' •.....•.•.O. NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certific_gte of �hn �• �i»itLr. , a Notary Public of /� evG County, North Carolina, is certified to be correct. This the 14,` day of SPA �..n�n$r , 1992. REHECCA TUCKER CHRISTIAN, REGISTER OF DEEDS OF NEW HANOVER COUNTY EW- 6 4 EM STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER i U L U e.0 r_ Alit .� ra05oj� DECLARATION OF RESTRICTIONS SECTION I, MEADOWBROOK KNOW ALL MEN BY THESE PRESENTS: That the undersigned, LANDMARK ORGANIZATION, INC., (LOI), a North Carolina corporation, hereinafter called DEVELOPER is the OWNER of all of the interest and equity in that certain tract of land known as SECTION I, MEADOWBROOK, and it is the desire of the undersigned, the DEVELOPER of this land, to insure the use of said property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot OWNER the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his lot than is necessary to insure the same advantages to the other lot OWNERS; NOW, THEREFORE, the undersigned does hereby covenant, agree and declare to and with all persons, firms or corporations now owning or hereafter acquiring any property in SECTION I, MEADOWBROOK, that all of the lots in said subdivision as shown on a map recorded in Map Book at Page of the New Hanover County Registry, are hereby made subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, to wit: 1. All lots in said Subdivision shall be known as single-family residential lots, and shall be used for residential purposes only. All building plans and site locations for residences must be approved prior to construction by DEVELOPER. No lot may be clear cut or substantially cleared without the express written consent of DEVELOPER. The roof of each residence must have a minimum pitch of 6/12, unless written permission to vary therefrom is first obtained from DEVELOPER. All roofing colors must be earth tones, such as browns, blacks or grays. 2. No residence smaller than 975 square feet of heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be constructed or located on any building lot. Provided, that in cases where the area is not more than ten percent (10%) below the minimum above set out, DEVELOPER, or its designated agents, may, at their option, approve the construction of the dwelling if it is in conformity with the general development of the Subdivision. In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is on the same utility hookup as the main dwelling and is a finished part of the constructed living space. In addition the total built -upon area on each lot shall not exceed the requirements of the Title 1 NCAC 2H.1003 Coastal Stormwater Regulations. These regulations currently provide that each lot will be restricted to 1,927 square feet of built upon area including imperious surfaces such as house and driveways. The State of North Carolina shall be a beneficiary of this provision entitled to enforce the same by any available action or remedy against any lot owner who violates the terms of this provision. 3. No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar paper composition shall be used for the exterior of any residence constructed on any building lot herein conveyed, it being intended that only conventional frame, wood, masonite-type hardboard, vinyl, brick, clay brick or stucco exteriors be constructed on the lots subject to these covenants. Paint colors on house at the time of closing may not be changed for five (5) years without the prior approval of DEVELOPER. 4. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, DEVELOPER reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any lot and a plot plan shall be furnished to LOI for approval before construction begins. In any event, no house shall be erected closer to the front lot line or nearer to any side line than the minimum distances established by applicable New Hanover County ordinances, but not less than 25 feet. On corner lots, the side having the least frontage shall be considered the front lot line of said lot. 5. No house trailer, mobile home, travel trailer or other recreational vehicle, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily or permanently. Any storage building must conform to the paint colors and building style of the main structure constructed on any lot. Construction and placement of said building on any lot shall be approved by DEVELOPER, prior to the construction thereof. Boats shall be kept inside a storage building or in the back yard and not visible from the street. No satellite dishes or exterior antennas may be installed without prior written approval from DEVELOPER. 6. No fence shall be erected or hedge grown on any lot unless written approval thereof has first been obtained from DEVELOPER. Fences facing or parallel to the street shall be wood construction. No fence and no hedge shall be permitted nearer the front lot line than the front of the house constructed on said lot unless approved by DEVELOPER. All corner lots shall be required to have a fenced area at least 10 feet by 5 feet in size in the rear of the house and attached to the rear of the house, within which shall be kept lawn mowers, bicycles, toys, grills and other similar stored materials. On lots having buffer fences,installed by the DEVELOPER, the OWNER of the lot upon which the fence is located shall maintain the fence in its original condition. All fences constructed hereunder shall be maintained in original condition. 7. Modular and prefabricated homes and previously constructed houses may not be erected or placed on any lot, without the express written consent of DEVELOPER. 8. No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot subject to these Restrictions, except that one sign of not more than five square feet in area may be used to advertise a complete dwelling for sale. No "For Sale" signs are allowed on any unimproved lot. This covenant shall not apply to signs erected by the DEVELOPER used to identify and advertise the subdivision as a whole, or by a contractor for an item of work being performed on a given lot. 9. No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground. 2 10. All water to be used in said subdivision for any purpose whatsoever shall be obtained from a Community Water System, unless other sources are approved by the City or County Board of Health. An eight ( 8 ) foot radius from each water meter shall be an easement for maintenance and repair of such meter. Lot OWNERS may, however, drill shallow wells for irrigation and non -domestic use. Said wells must be located in the back yard so as not to be visible from the street. Sewage disposal shall comply with the regulations of the North Carolina Board of Health. Each lot in said subdivision is subjected to a sewer maintenance easement across the front ten (101) feet of each said lot. Easements for installation and maintenance of utilities and drainage facilities are reserved over the rear, front and side ten (10) feet of each lot and easements for drainage and utilities also are reserved as shown and designated on the plat of said property hereinabove referred to. The DEVELOPER shall have no responsibility for maintaining drainage easements in connection with any lots sold. All maintenance shall be the responsibility of the purchaser of a lot, his heirs, successors and assigns, within said easements. No structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the OWNER of the lot, except for those improvements for which a public authority or utility company is responsible. 11. No yard sales or garage sales shall be permitted upon any lot in this Development. 12. No noxious or offensive activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or may become an annoyance or nuisance to the neighborhood. No domesticated farm animals or fowls shall be raised, bred or kept on the property. In the event yards are not properly maintained, they shall be cleaned up at the OWNER's expense. Unsightly, inoperative, or unlicensed junk cars and like eyesores cannot be maintained on any lot, either prior to or after the residence has been erected thereon. 13. The Buyer or Purchaser of each lot shall keep the lot mowed regularly, including that area from the lot line to the edge of the paved street and clear of any unsightly objects, and in the event that the Buyer or Purchaser of any lot within the said Subdivision breaches this restriction, the DEVELOPER reserves the. right to enter upon the said lot and mow the grass, clean up the lot and remove unsightly structures and objects at property OWNER's expense. Where lots border on or contain ditches, drainage canals or swales, the Buyer of each lot shall keep that area, including the slopes, down to the edge of the water, mowed and maintained regularly. Washouts or erosions on the lots adjoining ditch banks and swales to pavement shall be properly tended to by the respective lot OWNER. 14. The DEVELOPER reserves the right to subject the real property in this Subdivision to a contract with Carolina Power and Light Company 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 Carolina Power and Light Company by the OWNER of each lot. 15. Each lot OWNER shall provide receptacles for garbage and all cans, carts and bags must be kept in a screened area, accessory building or other storage facility, and not visible from the street, except on garbage pick-up days. 3 16. Construction activity on a lot shall be confined within the boundaries of said lot. Each lot OWNER shall have the obligation to collect and dispose of all rubbish and trash resulting from construction on his lot. Upon a lot OWNER's failure to collect and dispose of such trash within thirty (30) days after receipt of a written notice from DEVELOPER, DEVELOPER may collect and dispose of such rubbish and trash at the lot OWNER's expense. 17. Each lot in the Subdivision shall have only one (1) mailbox and one (1) paper box to be mounted on a single post, and all such boxes shall be as approved by LOI. Such mailboxes or paper boxes may be provided by the DEVELOPER or the builder. Any boxes provided by the builder shall be considered an improvement and must remain with the lot and shall be maintained by property OWNER. 18. Invalidation of any one of these covenants by judgments or court order shall in no way affect any of the other covenants herein, which shall remain in full force and effect. 19. If the parties hereto, or any of them, or their heirs and assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons, owning any real property situated in SECTION I, MEADOWBROOK, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from doing or to recover damages or other dues for such violation. 20. DEVELOPER specifically reserves the right to amend, or change any part or all of the restrictions, covenants and conditions herein set out at any time prior to December 31, 1994 by the filing in the Office of the Register of Deeds of New Hanover County a Declaration of Amended Restrictive Covenants. Retention of this right by the DEVELOPER is not intended to affect the general or common scheme of development for the property herein described but to correct and/or modify situations or circumstances which may arise during the course of development. Thereafter, these Restrictions may be amended by vote of the OWNERS of two- thirds (2/3) of the lots in SECTION I, MEADOWBROOK. 21. All covenants and restrictions herein shall run with the land and shall be binding on all parties owning lots in said Subdivision for a period of twenty (20) years from the date hereof at which time these covenants shall be automatically extended for successive periods of ten (10) years each unless by vote of the then OWNERS of a majority of said lots not unde'r legal disability, it is agreed to revoke or amend same. 22. In certain instances, conservation areas or green ways, or vegetated buffers may be conveyed with a lot to an OWNER. Such areas are for conservation purposes and as such, not for OWNER's private use. These areas are to remain entirely natural. No fences or structures of any type may be erected in said areas and no undergrowth or any type of vegetation may be removed. Notwithstanding the foregoing, any area identified as a Planting Area on any map or revision of lots map of SECTION I, MEADOWBROOK may be conveyed with a lot or lots in said section of the Subdivision or may be conveyed to one or more lot OWNERS in said Subdivision. No structures other than those fences, signs, entranceway structures, landscaping or similar construction by the DEVELOPER shall be permitted in the Planting Area. In the case of conveyance of a Planting Area as set forth herein the DEVELOPER reserves an easement to go upon the Planting Area and maintain any of the above -described construction. DEVELOPER further reserves the right and an easement to change, reconstruct or construct any fences, signs, entranceway structures, landscaping or the equivalent in and over the Planting Area. 4 m The lot OWNER or OWNERS to whom any Planting Area is conveyed shall keep the Planting Area mowed and shall maintain it regularly so that said area shall be neat and in good condition and appearance at all times. With the consent and approval of the DEVELOPER, the lot OWNER may make certain plantings and may landscape the Planting Area. 23. DEVELOPER reserves the right to change, alter or redesign roads including the extension of streets and roadways for the purpose of providing access to adjacent properties, utility and drainage facilities and easements and to change, alter or redesign lot lines and Planting Areas as may, in the sole judgement of the DEVELOPER, be necessary or desirable except that the DEVELOPER shall have no right to change or alter the use of the lots within the Subdivision. 24. Whenever used herein, the word "DEVELOPER" is deemed to mean LANDMARK ORGANIZATION, INC. (LOI), its successors or assigns. 25. THESE RESTRICTIONS APPLY ONLY TO SECTION I, MEADOWBROOK SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY DEVELOPER IN THE VICINITY OR AREA OF SAID DEVELOPMENT. DEVELOPER FOR ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION I, MEADOWBROOK SUBDIVISION, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE REAL PROPERTY DESCRIBED HEREIN, AND THAT THE REMAINDER OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS OTHER THAN AS SET OUT HEREIN. IN TESTIMONY WHEREOF, LANDMARK ORGANIZATION, INC., the DEVELOPER, has caused this instrument to be signed in its name by its,,Rreajoent, sealed with its corporate seal, and attested by its s� pT -his ,- ' � day of x, 1992. QQ' �0 0P'l ' 2• zq : O ��•.•' �� LANDMARK Ol ANIZATION, INC. 1 g SEAL BY: .CORPORATE SEAj) iL� President bA\111,11 ,,,, ti';• • � /[ •l � 1, % ecrfitary 5 Project 11: 9205U4 File Name: CH6504 Reviewer:Alexis Fi Project Name: MEADOWBROOK SD, SECT.1 Date: 09/23/92 MMMMMM CURB AND GUTTER ANALYSISMsettxMxtxattMM WITH A VEGETATIVE SWALE ------------------- ------------------------------------------------------------- E A A L H SLOPE Tc i Q 11a< FT-1 ac"es -- ------------- FT FT % minutes in/hr cfs ------------------------------------------------------------- 1 161.e 01370569 290 3.15 0.20% 3.51 7 2.46 2'200 0.532598 410 4.15 0.20% 4.71 7 3.54 A- A. -,ea of Road (draining to swale) L= tl;draulic Length of Road hi Elevation Fall of Road eTC! Ii. Calculate Time of Concentration, Tc E.L,Ah.rLE: Tc= C((L,3)/H)"0.3851/128 lc- (((320tt"3)/4.ift)"0.305)/129 Tc: 3.507600 minutes :i0 ;< , Calculate Peax Row Rate (li swale inlet) from 10 year storm, Q for i,intensity from RDF curve for Duration : Tc above Q= iiA C= Rational Runoff Coefficient = 0.95 Q 2,464286 cfs iz. 7 inch/hour for Tc < 5 minutes Area, A; acres iEP V . Calculate Non -erosive Velocity, v, from Manning Eqn or use TK! SOLVER For TE1 the following VARIABLES are required inputs: --------------------------------------------------------- SWALE Q B 2 S n No. cfs ft ft/ft ft/ft coef. ---- --------------------------------------------------- 1 2,464286 2 5 0.0019 0.02 2 3.541781 2 5 0.0005 0.02 B = BOTTOM WIDTH OF CHANNEL 2 = SIDE SLOPE RATIO S = SLOPE OF SWALE (GRADE) k z RO!U0 1ESS COEFFICIENT = 0.02 FOR EARTHERN CHANNELS TEP 114. Compare v to permitted velocity for site -specific soils, upoing toil Survey Naps and Table in Erosion and Sediment Control Planning and Design Manual; Section 16,05.4 1'ERaISSIBLE VELOCITIES FOR 0 TO 51f SLOPE Bwrmuda 5 fps b_^ia. Ky. bl.grass, tall fescue 4.5 fps grass legume 3.5 fps 494/ RULE SHEET ku A V = (1,4EEjn)�1Rh'.EEE7j�SQRT(Sj M1 E.. Ww = B + ,'D*SQRTt. Z-2 + 1) i ------------- ---- VARIABLE SHEET ;, uuIPut Jn t Comment ,44 FT"3/SEC PEAK FLOW RATE V 1,409005E TjSEC CHANNEL VELOCITY ' J , FT 2 AREA OF FLOW 5 2 SIDE SLOPE RATIO - �E4E4 F' DEPTH OF FLOW 0 n ROUGHNESS COEFF. JS2 SLOPE Wa 6,3223872 FT WETTED PERIMETER ta,u.: 494/ VARIABLE SHEET . t ._ -- ;came --- tNu, ------ Lnit ---- Comment ------- :. FT-31SEC PEAK FLOW RATE v 1,5521101 T/SEC CHANNEL VELOCITY �. 543 FT`2 AREA OF FLOW 5 T SIDE SLOPE RATIO 50143791E FT DEPTH OF FLOW ,G2 n ROUGHNESS COEFF. .4 I k; J SLOPE J W 7.143EE45 FT WETTED PERIMETER .11i'R2EEE1 FT HYDRAULIC RADIUS 2 B FT BOTTOM WIDTH OF CHANNEL E)(<L,A -Pp% DENSITY REVIEW PROJECT NAME:- W o a � n t a6ryn V, sr)&-� r I REVIEWER : - -7. ,.. PROJECT No. : �, DATE: c� ; s DRAINAGE BASIN: � � c.�¢ � � CLASS: c ^,� ALLOWABLE B/U%: SITE AREA= Q 4c)) oo© -_'a" r V+A C ro Je`�� C� c r1 t v( .nc �aJFI.A. ROAD AREA= NUMBER OF LOTS= 1-9 APPROXIMATE AREA per LOT= /- LOT < 1/3 ACRE ? YES NO If yes then: Buildable Area/Lot=[(site * density) -road area]/# lots �( - �) — o � / k� � q 41 nr, �..� " �. o � O • � , o o Ste. a+ NOTE: DEED RESTRICT ALLOWABLE B/U AREA/LOT_0.._lasf/lot WHICH IS< OR > b-pC sf/lot. THEREFORE (UN) CCEPTAB (INITIALS) ----------------------------------------"-------------------- LOT > 1/3 ACRE ? YES NO If yes then: Buildable Area/Lot=[(site-right of way)*density]/# lots NOTE: DEED RESTRICT ALLOWABLE B/U AREA/LOT TO sf/lot WHICH IS < OR > sf/lot. THEREFORE (UN) ACCEPTABLE. (INITIALS) INFORMATION REQUIRED PROVIDED REQUEST DEED RESTRICTIONS DENSITY SUBMITTAL FORM �— DENSITY CALCULATIONS NOTARIZED SUBMITTAL AUTHORIZATION SITE PLAN WITH: PROPERTY LINES STREET X-SECT LOCATION MAP d A� J. WARD ANDREWS Consulting Engineer POST OFFICE BOX 4423 WILMINGTON, NORTH CAROLINA 28406 TELEPHONE (919) 392-4404 July 7, 1992 Ms. Alexis I. Finn Enviroanental ,Engineer Ns C. Department of Environment, Fbalth, and Mural Resources Division of Invirommental Kanag�ment Wilmington Regional Office 127 Cardinal Drive -Extension Wilmington, No C. 28405- 38iL5 Dear Ms. Finn >t am — RECEIVED JUL 9 teog Wilmington Regional Office DIEM .o After our conference on lbadowbrook Subdivision (Stormwater Project Nos 920504). we have revised the plans to comply with our discussion. I also have your letter of June 90 1992 requesting additional information, which I will respond to by paragraph mmberss (1) Two copies of the subdivision plan are enclosed. (2) Chaa)ed according to our discussion, (3) The invert elevation of the Fe S. Section between lots 6 & 7 is 38s40. This has been shown on the plans. (4) 7here is only one flume left on the plans and the details for this are shown on sheet 2 of the plans. (5) All lots are generally graded towards the streets. (6) Bottom width of the vegetated s`rales is 2 feetp and the males will be sodded with centipede sod. (7) The existing wale characteristics are shown on the two topographic sheets enclosed. (8) A11 plan sheets show the complete project mane. A r_:_� - .►_a^ the :deed restriotiong is also enclosed, I am also enclosing two copies of the revised stater calculations. Please let awe know if a.ny further information is requiredo Yours very trW7, J. Ward Andrews, P. 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