HomeMy WebLinkAboutSW8060101_HISTORICAL FILE_20120910STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 06 01 01
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20I2 OR 10
YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Meadow Ridge POA, Inc.
C/o Jay Houston, President
565 Meadow Summit, Drive —Unit 1
Ocean Isle Beach, NC 28469
Division of Water Quality
Charles Wakild, P. E.
Director
September 10, 2012
Subject: Stormwater Permit No. SW8 060101
Name/Ownership Change and Permit Extension
Meadow Ridge POA, Inc.
High Density Project
Brunswick County
Dear Mr. Houston:
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of
the General Statutes, which is current and valid at any point between January 1, 2008, and
December 31, 2010. The law extends the effective period of any stormwater permit that was set
to expire during this time frame up to three (3) years from its current expiration date. On August
2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an
extension of up to four (4) years.
On August, 16, 2012, the Division of Water Quality (DWQ) received a permit Renewal
Name/Ownership Change Form from Meadow Ridge, LLC. A file review and site inspection
was performed on September 4, 2012 by DWQ and as noted in the enclosed inspection report,
the site is currently in compliance with the terms and conditions of the current state stormwater
permit. The Division is hereby notifying you that permit SW8 060101 has been transferred on
September 10, 2012, and shall be effective until January 31, 2020, which includes the
extensions. For your records, please find enclosed a copy of the updated page 2 of the
previously issued permit, a copy of the inspection report, and a copy of the Name/Ownership
Change form submitted on August 16, 2012. Please attach this updated page 2 to your permit
originally issued on January 31, 2006 and as modified thereafter.
This permit is subject to the conditions and limitations as specified in the previously issued
permit. Please pay special attention to the conditions listed in this permit regarding the
Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for
changes of ownership, transferring the permit, and renewing the permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management system, to
record deed restrictions, to transfer the permit, or to renew the permit, will result in future
compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North
Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of
this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee
is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC
27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com.
Unless such demands are made this permit shall be final and binding.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796.72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748
Internet: www.ncwaterqualiry.org
None
rthCarolina
Naturally
An Pn m1 nn-nudes 1 A W.—I uu hll,n. 9-1—r
f . .
State Stormwater Management
Permit # SW8 060101
If you have any questions, need additional copies of the permit or approved plans, please
contact David Cox with the Division of Water Quality in the Wilmington Regional Office at (910)
796-7215.
Sinc rely,
for Charles Wakild, P.E., Director
Division of Water Quality
GDS/dwc: S:\WQS\Stormwater\Permits & Projects\2006\060101 HD\2012 09 permit 060101
cc: Jay Houston
Wilmington Regional Office Stormwater File
State Stormwater Management Systems
Permit No. SW8 060101 Mod.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Meadow Ridge POA, Inc.
Meadow Ridge
NC 904 (Seaside Road), Ocean Isle Beach, Brunswick County
FOR THE
construction, operation and maintenance of three (3) wet detention ponds in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 31, 2020 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for 7 lots (Outparcels), each allowed a maximum amount of built -upon
area as listed in Section 11.6 of this permit.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. Pond #1 serves OP's 1, 2, 3, 6, 7 & a portion of 4. Pond #2 serves the remainder
of OP 4 and a portion of OPS. Pond #3 serves the remainder of OP #5, allocated
as indicated in Section 1.6 of this permit.
^--- n -t , n
Beverly Eaves Perdue
Governor
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
Dee Freeman
Secretary
1. Stormwater Management Permit Number: S.tJA D&O 1 D 1 loop
2. Project Name: MEADOW RIGYf,
3. Current Permit Holder's Company Name/Organization: MrtADpLA) giver_ . LLC.
4. Signing Official's Name: JA`1 R. FiDUSTOrj . P.f;. Title: M►f3sK / �r4r4ntA6ER
5. Mailing Address: P.O. f,;QX (oZ:4-
City:State: MC. Zip: Z P4S-%
6. Phone:( ` I Q) - -54-63 Z : —Fax:( 10) E5-4— Z I Z I
Cv�&L. (9 to) Zao —OZ00
It. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
["Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: MEADouI giDb4� POA . I?JC.
2. Proposed permittee's signing official's name: JA�f PcL),5TVA
3. Proposed permittee's title:
4. Mailing Address: 6-b6- MfkVD J 60MMt i DP%1ff_ — Uri r i I
City: ocmrl kL,9- &�ro State: K CJ Zip: 084&i
Phone: (9 (D) ZOD - D2D0 Fax: (910) z} - ZI Z I
5. New Project Name to be placed on permit: 114EADOW RtD46G. MA T Wc- -
EI,e,ate check the appropriate box. The proposed permittee listed above is:
LA HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4) ,r m- //f�f�l .
❑ Purchaser (Attach a copy of the pending sales agreement. Final appri a_1(9 hl8rtr�ansfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4) AUG 16
2012
SSW N/O Change Rev15Feb2011 Page 1 of 4
BY: -------
-_
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
✓l. This completed and signeddform.,,This certification must be completed —and signed by both the
current permit holder and the_riew applicant if this is a change of ownership
41A 2 Legal documentation of the property transfer to a new owner.
✓3 A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
04. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
✓5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
✓6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
rpo fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
® Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit. I
RDJSLD�I_,_p E. the current permittee, am submitting this application
for a transfer of ownership for Hermit #.c 060101 MOD. I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections 11 and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approv d by the DWQ unless and until the facility is in compliance with the
permit. --N nII— r
Signature;
a Notary Public for the State of
niC, , County of 'p-Iru�Swrc% , do hereby certify that
J c!1 "uuCi-oh personally appeared before me this the
day of Q4Su 20 I �L , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
Not ry Signature OFFICIAL SEAL
A11�+ q 6 ZQ�Z Notary Public, North Caroline
VO 1 County of 6runsmck
_.• Sherrill W. Hewett
My commission Expires
SSW N/O Change Revl5Feb2011 t3Y:—Page-2 of 4
r
'.
t
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permiittee for all transfers of ownership)
'
I, JA`-( �605TD� , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
0e most recent permit
the designer's certification for each BMP
as y recorded deed restrictions, covenants, or easements
the DWQ approved plans and/or approved as -built plans
�e approved operation and maintenance agreement
Kast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit andapprbved plans.'I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or Tall required supporting information and attachments listed
above are not Aclud d, t is application package will be returned as incomplete.
Signature:
R cUC Tc
Date: I AU4 ZO(ZZ
a Notary Public for the State of
NL County of ` 13 rudo hereby certify that
�e Ho st e personally appeared before me this the
s-� day of Ql,!�c sl 20 IX, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
re
OFFICIA ryy
0 Notary Public, t�i ar6llna
County of Brunswick
Sherrill W. Hewett
My Commission Expires
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
F- CEOVE
AUG 16 2012
SSW N/O Change Revl5Feb2011 Page 3 of 4
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City: _
Phone:
W, T11 3
State:
(if different from street address)
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWO Stormwater permit. As the property owner, it is my responsibility to notify
DWO by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
, County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
'CEUVEc'
AUG 16 2M
SSW N/O Change Rev15Feb2011 Page 4 of 4
Brunswick 82633 p0z5i,�so3-00,000
arunawlck oun y, NC Raplater of 0eeds page 1 of le
hreso toAlt0�Ret:
'total Rev Inl.
Ck $ Ck #1M Cash $
Refund: Cash $ — Finance
\j ❑ Portions at document are Illegible due to condition
•� of orvnal.
❑ Document contains seals vadtted by odglnal
Instrument that cannot be reproduced or copied,
CORRECTION
EXPLANATION STATEMENT TO CORRECT OBVIOUS MNOR ERROR(S) MADE IN AN INSTRUMENT AS ORIGINALLY
RECORDED
RE: BOOK 2446
RE: PAGE
RECORDED IN THE BRUNSWICK COUNTY REGISTRY
NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
GRANTORS: Meadow Ridge, LLC
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
1/WE, THE UNDERSIGNED, HEREBY CERTIFY THAT THE FOLLOWING CORRECTIONS ARE MADE IN THE
ABOVE NAMED RECORDED INSTRUMENT IN ACCORDANCE WITH THE PROVISIONS OF G.S. 47-36.1 RATIFIED JUNE 30,
1986.
DESCRIPTION OF CORRECTION:
Due to a clerical error in Article 24 (6) appearing on Page 16, the maximum allowable built -upon area in square
feet for Lot 4 was listed as 213,444 sq. ft., Lot 5 was listed as 223,215 sq. ft., Lot 6 was listed as 85,190 sq. ft.,
Lot 7 was listed as 79,366 sq. ft. The correct maximum built upon area for Lot 4 is 217,364 sq. ft., Lot 5 is
268,517 sq. ft., Lot 6 is 86,146 sq. ft. and Lot 7 is 79,655 sq. ft. This error has now been correct. This correction
appears on Page 16 in Article 24(6).
THIS, THE ZR-TM DAY OF
2007
(SEAL)
the original inatrume4FAL)
(SEAL)
(SEAL)
THIS EXPLANATION STATEMENT TOGETHER WITH THE ATTACHED INSTRUMENT DULY RERECORDED AT
O'CLOCK
THIS THE
THE BOOK AND PAGE SHOWN ON THE FIRST PAGE HEREOF. rAUG
F_0E 16 2012
BY —
REGISTER OF DEEDS ASSIS17DEPUTV REGISTER OF DEEDS
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
09 04-2008
I�IIIIIIill�lllllll�lllllllllllllllll I?446 F00�1l�nsan
uCoun 002
runslc y NC Register of Deeds page 1 of 18
06-20 2007 lkll
IIBrunswick IICounty, IINICIReI�IstIer B2633Deeds P0251Q 2°of01e00
RET
41
TC#
I REC#_CK AMT&2_C1
hCASH _REF BY
DECLARATION OF PROTECTIVE COVENANTS
OF
MEADOW RIDGE COMMERCIAL PARK
THESE PROTECTIVE COVENANTS, made and entered into this the 1st day of April, 2006, by and
between MEADOW RIDGE, LLC a North Carolina limited liability company, party of the first part
(hereinafter referred to as "DEVELOPER"); and purchasers of lots in MEADOW RIDGE
COMMERCIAL PARK, parties of the second part (hereinafter referred to as "Owners");
WITNESSETH:
WHEREAS, DEVELOPER is the owner of a certain tract of real property located in Brunswick County,
North Carolina and said tract consisting of the lots shown and designated on that certain plat map
recorded in Map Cabinet 35, Page 353, in the Office of the Register of Deed of Brunswick County,
reference to said plat being hereby specifically made; and
WHEREAS, DEVELOPER proposes to develop, sell and convey the above -described lots for
commercial use and to develop said lots, and any additional property which may be acquired by
DEVELOPER and incorporated into this planned community and subjected to these protective
covenants; and
WHEREAS, DEVELOPER, prior to selling and conveying the aforesaid lots, desires to impose upon
such lots certain mutual and beneficial restrictions, covenants and conditions and charges (hereinafter
collectively referred to as ."Restrictions") for the bdnefit and complement of•all of the lots in the
development in order to promote the best interests and protect the investments of DEVELOPER and
Owners;
NOW, THEREFORE, DEVELOPER hereby declares that all lots described in those maps recorded in
Map Cabinet 35, Page 353 in the office of the Register of Deeds of Brunswick County, North Carolina,
and any additional property as may by subsequent amendment be added to and subjected to these
Protective Covenants, are held and shall be held, conveyed, encumbered, leased, rented, used, occupied
and improved subject to these Protective Covenants and to the following Restrictions. These Protective
Covenants and the Restrictions shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in and to the real property or any part or parts thereof subject to
these Protective Covenants.
ARTICLE 1
DEFINITIONS
As used herein,
A. "Articles" means the Articles of Incorporation of Meadow Ridge Property Owners Association, Inc.
B. "By-laws" means the By-laws of the Meadow Ridge Property Owners Association, Inc.
C. "Common Area" or "Common Areas" means all the real and personal property, owned by the
1
IIIIIlilIIIIIIIIIIIIIII IIIIIIIIII�nas rn��s ;; 43:0 a00s�i` If I 'I 82446 P0002 0a_04_20me
�� J obart J. Robinaon �IIIIIIIIII II "III IIIIIIII I,IIIIII III 13:on. 11.002
runswlck County, C egister of Deeds page,3 of t Brunswick dun Robert J. Robinson
y, NC aglstar of Deeds page 2 of 18
Corporation for the common enjoyment of t e members of the Corporation.
D. "Common Expenses" means and includes actual and estimated expenses of maintaining and operating
the Common Area and/or Common Areas and operating the Corporation for general purposes,
including any reasonable reserve and specifically including expenses associated with maintenance of
the private roadway(s) and stormwater and sewer systems in the Development, and as may be
found to be necessary and appropriate by the Board of Directors pursuant to these Protective
Covenants, the By-laws and the Articles of Incorporation of the Corporation and as more
specifically defined in Article 5 herein.
E. "Corporation" or "Association" means ,Meadow Ridge Property Owners Association, Inc., a North
Carolina nonprofit corporation. The "Board of Directors" or "Board" shall be the body governing
the Corporation and managing the affairs of the Corporation.
F. "DEVELOPER" means Meadow Ridge, LLC, a North Carolina limited liability company and its
successors or assigns.
G. "Development" means those tracts of land described in those certain maps recorded in Map Cabinet
35, Page 253, of the Brunswick County Registry and also being referred to as Meadow Ridge.
H. "Lot" means Lots I, 2, 3, 4, 5, 6, and 7, described on the map recorded in Map Cabinet 35, Page
253, of the Brunswick County Registry and any separately numbered tract or section of land lying
within the Development which may be conveyed by the DEVELOPER and owned in fee simple by
the Grantee thereof, and held for such uses as are consistent with these Protective Covenants and
the Restrictions covering the area wherein the tract is located. Notwithstanding the foregoing, any
portion of the property developed as a condominium shall be treated as and deemed a single Lot
(notwithstanding the fact that individual units within such condominium may be individually owned
and conveyed) for all purposes of this Declaration, including membership and voting rights and
assessments, all of which such rights and obligations shall be held by, and/or be the responsibility
of, the applicable owner's association for such condominium, and which such association shall be
treated as a single Member/Owner for all purposes hereunder.
I. "Member" shall mean and refer to each Owner of a Lot that has been subjected to these
Restrictions.
J. "Owner" shall mean or refer to the record owner, whether one or more persons or entities, of a fee
simple title to any Lot or other real property within the Development, but such term shall not
include a Mortgagee.
ARTICLE 2
APPLICABILITY
These Restrictions shall apply to all of the .Lots and property in those maps recorded in Map Cabinet
35, Page 153, of the Brunswick County Registry and to any Lots, parcels, or tracts of land subdivided
out of the aforesaid Lots.
ARTICLE 3
CORPORATION
(PROPERTY OWNERS ASSOCIATION)
A. A Corporation named Meadow Ridge Property Owners Association, Inc., has been or will be
formed pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of
the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to.
own, manage, maintain, and operate the Common Areas and facilities located upon the Common
Areas; .to enforce die restrictions contained herein; and to make and enforce rules and regulations
2
IIIIIIIII II�IIII�IIIIIJI]IIII IIII 1�633 Pd194 11 43 07- iIIIIIIIIIII IIIIIIII�IIII III�IIIIIIIII a24as P0a03 01 08:11.0 13:2a: 11.002
o art J. Robinson Robert J Robl3 an
runswick oun y, aglster of Deeds page 4 of 1 Brunswick Coun y, NC aglster of Deeds page 3 of 18
governing the Owners' use and occupation of Lots; and to maintain the private roadway(s) and
stormwater systems located within the Development.
B. The Owner of each Lot within the Development shall be a member of the Corporation. Membership
shall be appurtenant to and not separated from ownership of any Lot. The DEVELOPER, by these
Protective Covenants, and the Owners of individual Lots by their acceptance of individual deeds
thereto, covenant and agree as follows:
That for so long as each is an Owner of a Lot within the Development, each will perform
all acts necessary to remain in good and current standing as a member of the Corporation;
2. That each Lot Owner shall be subject to the rules and regulations of the Corporation with
regard to ownership of a Lot within the Development; and
3. That any unpaid assessment, whether general, special or individual levied by the
Corporation in accordance with these Protective Covenants, the Articles or the By-laws
shall be a lien upon the Lot on which such assessment was levied, and shall be the
personal obligation of the Owner of the Lot from the time such assessment was due.
C. Each Lot Owner shall become a Member of the Corporation upon his acquisition of an ownership
interest in a Lot, and such membership interest shall terminate automatically upon such Lot Owner
being divested of his ownership interest.
D. The Corporation shall have two classes of voting members who shall be owners of Lots within the
Development:
1. Class "A". Class "A" members shall be all Lot Owners with the exception of the
DEVELOPER or Class "B" members as hereinafter defined. Each Lot Owner within
Class "A" shall be entitled to one vote.
2. Class "B". Class "B" member shall be the DEVELOPER. The Class "B" member shall be
entitled to five (5) times the votes of the Class "A" members. Class "B" membership
shall cease and be converted to Class "A" membership upon the earlier of the following
events:
a. On December 31, 2016, or
b. When the DEVELOPER voluntarily terminates its Class "B" membership or
conversion to Class "A" membership, if not sooner converted.
The voting rights of the membership shall be appurtenant to the ownership of any Lot.
E. The affairs of the Association shall be managed by the Board of Directors, the number,
qualifications, term and method of election of which shall be as provided from time to time by the
By-laws of the Corporation; and provided, further that the number of members of the first Board of
Directors shall be three (3), and thereafter be five (5); and provided, finally, that, notwithstanding
any of the foregoing, so long as the DEVELOPER owns any of the Lots in the Development, but in
any event, not longer than December 31, 2016, the DEVELOPER shall have the right to designate
and select the persons who shall serve as members of each Board of Directors of the Corporation
who need not meet the qualifications for directors as provided by said By-laws or herein.
ARTICLE 4
MANAGEMENT AND ADMINISTRATION
The management and administration of the affairs of the Corporation shall be the sole right and
responsibility of the Corporation. The management shall be carried out in accordance with the terms and
3
IIIIIIIIIIIa�II111111111111ltI1[11IIIIr HbtbJ. Robinson of Deeds page 4 �'�8°�
conditions of these Restrictions, the Articles and the By-law of the Corporation, but may be delegated or
contracted to managers or management services. 06-8-200IIIIIIIIIIIIIIIIII �IIII�IIIIIIIIIII B 33 P025 200a
Brunswick
ARTICLE 5 , or Dead, page 8 of 1g
COMMON EXPENSES
The Compton Expenses of the Development include:
A. All amounts expended by the Corporation in operating, administering, maintaining, managing,
repairing, replacing, and improving the Common Areas of the Development; all amounts expended
by the Corporation in insuring the Common Areas in the Development; all amounts expended by
the Corporation in legal, engineering, or architectural fees; all similar fees which may be incurred by
the Corporation from time to time in performing the functions delegated to the Corporation by these
Protective Covenants; all amounts for a reasonable reserve; and all amounts expended in any form
by the Corporation in enforcing these Protective Covenants, the Articles or the By-laws. Common
Expenses shall specifically include, but not be limited to, all expenses associated with the
maintenance of Meadow Summit Drive and stormwater and sewer systems within the
Development, and the entrance signage located adjacent to the right-of-way of North Carolina
Highway 904 and any common landscaping in the median and along the right-of-way of Meadow
Summit Drive.
B. All amounts expended by the Corporation in carrying out any duty or discretion as may be required
or allowed by these Protective Covenants, the Articles or the By-laws of the Corporation.
C. All amounts declared to be Common Expenses in the By-laws or in these Protective Covenants.
D. All taxes and special assessments which may be levied from time to time by any governmental
authority upon the Common Areas in the Development.
ARTICLE 6
GENERAL ASSESSMENT
A. Subject to the provisions of Section F of this Article, The DEVELOPER for each Lot owned and
platted as part of the Development, hereby covenants and each Owner of any Lot byacceptance of
a deed for same (whether or not it shall be so -expressed in such deed) is deemed to covenant and
agree to pay to the Corporation general assessments and such additional assessments and charges as
hereinafter provided. General assessments are assessments for the Common Expenses of the
Corporation. The general assessments, together with interest, costs, late fees and reasonable
attorneys' fees, shall be a charge and lien on the land and shall be a continuing lien upon the Lot
against which each such assessment is made. Furthermore, each such assessment, together with
interest, costs, late fees and reasonable attorneys' fees, shall also be the personal obligation of the
person who was the owner of the Lot at the time when the assessment was due. The personal
obligation for delinquent assessment shall not pass to a successor in title to a Lot unless expressly
assumed by them but, subject to the provisions of these Protective Covenants, delinquent
assessments shall continue to be a lien upon such Lot. The general assessment of each Lot shall be
calculated in accordance with the Prorata Shares of each Lot as initially set forth on Exhibit "A"
attached hereto, in aggregate amounts reasonably expected to produce income equaling the total
general assessment and any other assessments and charges provided for herein,".
B. The general assessment may be increased no more than ten percent (10%) per year until December
31, 2008, unless additional properties are annexed to and made a part of this Development, in which
instance, the general assessment may be increased to meet the common expenses for the additional
properties and shall thereafter be increased by no more than ten percent (10%) per year until'
December 31, 2008. Thereafter, the general assessment shall be fixed by the Board of Directors in an
amount sufficient to cover the anticipated Common Expenses. Within thirty (30) days of the
establishment of the general assessment, it shall be given to all members. After the initial notice of
assessment, the assessment shall become due and payable within 30 days or as otherwise provided
4
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C. The general assessments levied by the Corporation shall be used exclusively to improve, maintain,
insure and repair the Common Areas, to pay the expenses of the Corporation, to pay the cost of
any insurance the Corporation determines to purchase and to promote the recreation, health, safety
and welfare of the members, to pay taxes levied upon the Common Areas and for the purpose set
forth in Article 5 herein.
D. The Corporation shall, upon demand, and for reasonable charge, furnish a certificate signed by the
officer of the Corporation setting forth whether the assessments on a specific Lot have been paid. A
property executed certificate of the Corporation as to the status of assessments on a Lot or Unit is
binding upon the Corporation as of the date of its issuance.
E. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any
Lot pursuant to foreclosure of a first mortgage, 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.
F. DEVELOPER shall be exempt from the payment of the general assessment fee for any unsold
Lot(s) which are platted of record in the Office of the Register of Deeds of Brunswick County, until
December 31, 2016.
G. At the time title is conveyed to an Owner by DEVELOPER, each Owner shall contribute to the
Corporation as working capital an amount equal to twelve (12) months of the current general
assessment. Such funds shall be used for initial operating and capital expenses of the Corporation,
such as prepaid insurance, supplies, and the Common Areas • and facilities, furnishing, and
equipment, etc. Amounts paid into the working capital fund are not to be considered as advance
payment of general assessments. All working capital funds shall become part of the general
operating and reserve funds of the Corporation.
H. The general assessments provided for herein shall commence on the date of conveyance of each Lot
to an Owner other than DEVELOPER, the first general assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general assessment
period. Written notice of each assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The Board of Directors shall require the general
assessments to be paid at least annually, but may require the general assessments to be paid more
often. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed
by an officer of the Association setting forth whether the assessments on a specified Lot has been
paid.
ARTICLE 7
SPECIAL ASSESSMENTS
Special assessments may be levied against Lots or other real property for such reasons as are provided in
these Protective Covenants, the Articles or the By-laws and on such terms as provided by the Board of
Directors or the members. The DEVELOPER for each Lot owned and platted as part of the
Development, hereby covenants and each Owner of any Lot by acceptance of deed for same (whether or
not it shall be so expressed in such deed) is deemed to covenant and agrees to pay to the Corporation
special assessments or charges as herein authorized. The special assessments, together with interest,
costs, late fees and reasonable attorneys' fees, shall be a charge and lien against the land and shall be a
continuing lien upon the Lot(s) against which each assessment is made. Furthermore, each such
assessment, together with interest, costs, late fees and reasonable attorneys' fee, shall also be the
personal obligation of the person who was the owner of the Lot at the time when the assessment was
due. the personal obligation for delinquent assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions of these Protective Covenants,
delinquent assessments shall continue to be a lien upon such Lot. The Association may levy Special
5
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ARTICLE 8
INDIVIDUAL ASSESSMENTS
Individual assessments may be assessed against specific Lot(s). In the event an Owner fails to comply
with .the provisions of these Restrictions, the Articles, By-laws or Rules and Regulations of the
Corporation, the Corporation, through its Board of Directors, may perform such required tasks or
remedy such matter, or assess a fine for such failure to comply and may levy the cost of such
performance against the Owner(s) and the Owner's property as an individual assessment. The individual
assessments, together with interest, costs, late fees and reasonable attorneys' fees shall be a charge and
lien against the land and shall be a continuing lien upon the Lot(s) against which each assessment is made.
Furthermore, each such assessment, together with interest, costs, late fees and reasonable attorneys' fees,
shall also be the personal obligation of the person who was the owner of the Lot at the time when the
assessment was due. The personal obligation for delinquent assessments shall not pass to a successor in
title to a Lot or other real property unless expressly assumed by them but, subject to the provisions of
these Protective Covenants, delinquent assessments shall continue to be a lien upon such Lot.
ARTICLE 9
LIEN FOR ASSESSMENTS
Any general, special or individual assessment, if not paid within thirty (30) days after the date such
assessment is due, together with interest at the maximum rate allowed by law, costs of collection, court
cost, late fees and reasonable attorneys' fees shall constitute a lien against the Lot upon which such
assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of
Superior Court of Brunswick County or file a suit to collect such delinquent assessments and charges.
The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally
obligated to pay the same, bring an action to foreclose the lien against the Property, and/or seek any
further right or remedy provided by law. No Owner may waive or otherwise escape liability for the
assessments provided for herein.
ARTICLE 10
COMPLIANCE WITH THESE PROTECTIVE COVENANTS, THE ARTICLES AND THE BY-
LAWS OF THE CORPORATION
In the case of failure of a Owner or his agents, lessees, employees, licensees, invitees, to comply with the
terms and provisions contained in these Restrictions, the Articles, By -taws or the Rules or Regulations
of the Corporation, the following relief shall be available:
A. The DEVELOPER, its successors and assigns, the Corporation, and aggrieved Owner or Owners
within the Development on behalf of the Corporation, or any Owner on behalf of all the Owners
within the Development shall have the right to enforce by any proceeding at law or in equity, all of
the conditions, covenants and restrictions of these Restrictions and the Articles, By-laws and Rules
and Regulations of the Corporation and bring and action and recover sums due, damages, injunctive
relief, and/or such other and further relief as may be just and appropriate. The Corporation shall be
entitled to recover all costs, including attorneys' fees if it is the prevailing party.
B. The Corporation shall have the right to remedy any violation of these Restrictions, the Articles, or
Bylaws of the Corporation and assess the cost of remedying same against the offending Owner as an
individual assessment.
C. If the violation is the nonpayment of any general, or special or individual assessment, or failure to
comply with these Restrictions, the Articles, or By-laws, the Corporation shall have the right to
suspend the offending Owner's voting rights and the use by such Owner, his agents, lessees,
employees, licensees and invitees of the Common Areas in the Development for any period during
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suspend the offending Owner's voting rights and the use by such Owner, his agents, lessees,
employees, licensees and invitees of the Common Areas in the Development for any period during
which an assessment against the Lot remains unpaid. If the violation is the infraction of the
Corporation's published Rules and Regulations, the Corporation shall have the right to suspend the
offending Owner's voting rights or the use by such Owner, his agents, lessees, employees, licensees
and invitees of the Common Areas of the Development for a period not to exceed sixty (60) days.
D. The Corporation may establish a schedule of penalties and fines for the violation of these Protective
Covenants, the Articles, By-laws and Regulations. If the Owner does not pay the fine within fifteen
(15) days the fine shall be an individual assessment against Owner's Lot(s) and may be enforced by
the Corporation in accordance with Article 8 herein.
E. The remedies provided by the Article are cumulative, and are in addition to any other remedies
provided by law.
F. The failure of the Corporation or any person to enforce any restriction contained in these
Restrictions, the Articles or the By-laws shall not be deemed to wave the right to enforce such
restrictions thereafter as to the same violation of similar character.
ARTICLE 11
PROPERTY RIGHTS OF LOT OWNER, CROSS -EASEMENT, AND EXCEPTIONS AND
RESERVATIONS BY DEVELOPER
A. Every Owner of a Lot within the Development, as an appurtenance to such Lot, shall have a
perpetual easement over and upon the Common Areas within the Development for each and every
purpose or use to which such Common Areas were intended as determined by their type, or for
which such Common Areas generally are used. Such easements shall be appurtenant to shall pass
with the title to every Lot located within the Development, whether or not specifically included in a
deed thereto subject to following provisions:
1. The Corporation shall have the right to suspend the voting rights of an Owner, his agents,
lessees, employees, licensees and invitees of the Common Areas within the Development
for any period during which any assessment against such owner's property remains
unpaid or such Owner, his agents, lessees, employees, licensees, and invitees fail to
comply with these Protective Covenants, the Articles, or By-laws of the Corporation.
The Corporation shall also have the right to suspend the voting rights of an Owner, his
agents, lessees, employees, licensees, and invites of the Common Areas for a period not
to exceed sixty (60) days for any infraction of the Corporation's Rules and Regulation by
such Owner, his agents, lessees,.employees, licensees and invites.
2. The right of the Corporation to dedicate or transfer all or part of the Common Areas to
any public agency, authority, or utility for such purpose and subject to such conditions
as may be agreed by the Corporation.
3. The right of the Corporation to formulate, publish and enforce rules and regulations for
the use and enjoyment of the Common Areas and improvements thereon, which
regulations may, further restrict the use of the Common Area and the right of the
Corporation to establish penalties; and fines for any infractions thereof.
4. The right of the Corporation, in accordance with its Articles and Bylaws, to borrow
money for the purpose of improving the common area and facilities and carrying out its
maintenance responsibilities and in aid thereof to mortgage said property, and the rights
of such mortgagees in said properties shall be subordinate to the rights of the Owners
hereunder.
13. The Corporation hereinafter may grant easements for utility and other proper purposes for the
benefit of the Development and the property now or hereinafter located tliereon, over, under, along
7
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material adverse effect on the use, enjoyment or value of any Lot.
C. DEVELOPER shall have the right, at its election, without the consent of any Owner or Owners, to
bring within the coverage and operation of these Protective Covenants property adjacent to and
contiguous with the Development. The addition of property, authorized hereby shall be made by
filing of record in the Office of the Register of Deeds of Brunswick County, North Carolina, a
Supplemental Declaration of Protective Covenants with respect to the additional property which
shall extend the operation and effect of these restrictions to such additional property. The
DEVELOPER, following any supplemental additions, shall have the right to modify the covenants
and restrictions contained in these Restrictions as may be necessary or appropriate in the sole
judgment of the DEVELOPER to reflect the different character, if any, of the property added and as
are not inconsistent with the plan, intent and spirit of these Restrictions. Such Supplemental
Declaration, as applied to any property added, may include such additional covenants, conditions,
restrictions, easements, guidelines, controls, charges, and •fees as may be set forth in such
Supplemental Declaration.
D. The rights reserved by DEVELOPER herein and all annexed Sections include the right to change,
alter or designate roads, utility and drainage facilities and easements, and to change, alter or
redesignate such other present and proposed amenities or facilities as may in the sole judgment of
the DEVELOPER, be necessary or desirable, except that the DEVELOPER shall have no right to
change, alter or redesignate the character of the use of the Lots within the Development.
E. Easements and right-of-ways upon the rear, front and side ten (10') feet of each Lot for drainage or
the installation and maintenance of utility services or other proper purposes shall be reserved
exclusively to DEVELOPER for such purposes as DEVELOPER may deem incident and
appropriate to its overall development plan, such easements and rights of way are reserved in the
deed for each particular Lot or section affected by such easements or described in the plat of the
particular Lot or section. The easements and right of way areas reserved by DEVELOPER pursuant
hereto shall be maintained continuously by the owner but no structures, plantings or other material
shall be placed or permitted to remain upon such areas or other activities undertaken thereon which
may damage or interfere with the installation or maintenance of utilities or other services, or which
may retard, obstruct or reverse the flow of water -or which may damage or interfere with established
slope ratios or create erosion problems without the approval of the Developer. Improvements
within these areas also shall be maintained by the respective Owner except those for which a public
authority or utility company is responsible. The DEVELOPER shall have no maintenance
responsibilities for such easement areas.
P. An easement is hereby granted to all police, fire protection, ambulance, and all similar persons,
companies or agencies performing emergency services to enter upon the Lots and Common Area in
the performance of their duties.
G. The real property in this Development is subject to a contract with Brunswick Electric Membership
Company for the installation of underground electrical utilities which may require an initial
contribution and/or the installation of street lighting. The Corporation shall be responsible for any
installation fees or costs associated with or arising from said contract and all monthly payments to
Brunswick Electric Membership Company.
H. An easement is hereby established over all Lots and Common Areas for the benefit of applicable
governmental agencies for the setting, removing and reading of water meters, maintaining and
replacing water, sanitary sewer, drainage and drainage facilities, fire fighting, law enforcement,
garbage collection and the delivering of mail.
1. An exclusive and perpetual easement and right-of-way is hereby established in favor of
DEVELOPER over all Common Areas for access to adjacent properties for the purpose of future
development and the installation of street and public utilities.
J. All easements and rights described herein are easements appurtenant, running with the land and shall
inure to the benefit of and be binding on all undersigned, its successors and assigns and any Owner,
Purchaser, Mortgagee, and other person having an interest in said land, or any part or portion .
8
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bIneon;002
Brunsula Coun y, NC agis ar of Beads page 9 of 1B
thereof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation, to
the benefit of and be binding on the undersigned, its successors and assigns, and any Owner,
Purchaser, Mortgagee and other person having an interest in said land, or any part or portion
thereof, regardless of whether or not reference to said easement is made in the respective deeds of
conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements rights
described in these Protective Covenants. IIII'IIIIIIIIIIIIIIII�IIIlllB2633P02107.00
RobinsonIIiCounty,
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ARTICLE 12
ARCHITECTURAL STANDARDS
The architectural control of construction within the Development is vested in the DEVELOPER, until
such time as the DEVELOPER no longer owns any portion of the property within the Development, or
when assigned to Corporation by DEVELOPER, at which time architectural control will be placed in the
hands of the Board of Directors which shall assume the role of the DEVELOPER as set forth in this
Article.
A. No construction, which term shall include within its definition clearing, excavation, grading an other
site work, shall take place except in strict compliance with this Article, until the requirements
thereof have been fully met, and until the approval of the DEVELOPER has been obtained.
B. The DEVELOPER shall have exclusive jurisdiction over all original ,construction on any Lot and
later changes and additions after initial approval thereof together with any modifications, additions
or alterations subsequently to be constructed on any Lot or made to any improvements initially
approved.
C. No structures, buildings, or improvements shall be commenced, erected, or maintained upon the
Properties, nor shall any exterior addition to or change or alteration therein be made, including
change of color, until the plans and specifications showing the nature, kind, shape, heights,
materials, and location of the same shall been submitted to and approved in writing by the
DEVELOPER so'as to ensure harmony of external design and location in relation to surrounding
structures and topography by DEVELOPER, or by an architectural committee composed of three
(3) or more representatives appointed by the DEVELOPER. Structures, buildings and
improvements shall include, but not limited to any dwelling, garage, fence, wall, sidewalk, hedge,
mass planting, change in grade or slope, drainage pipe, drainage canal, ditch, swale, catch basin, sign,
flag pole, exterior illumination, monument or marker, outdoor statuary, exterior lights, security
lights, storm door, well or well related structure, mailbox, screening for outdoor trash cans or other
purposes, sprinkler system, driveway, outdoor decorative objects, shrubbery or landscaping.
D. The DEVELOPER shall have the absolute and exclusive right to disapprove any plans,
specifications or details submitted to it in the event the same are not in accordance with any of the
provisions of these Protective Covenants and the architectural guidelines; if the design, color scheme
or location upon the Lot or Lots of the proposed improvements are not in harmony with the general
surroundings or adjacent structures; if the plans or specifications submitted are incomplete; or in the
event the DEVELOPER deems the plans, specifications or detail, or any part thereof, to be contrary
to the best interest, welfare or rights of all or any part of the real property, or the Owners thereof,
subject to these Protective Covenants.
E. The DEVELOPER shall approve or disapprove plans specifications and details submitted in
accordance with its procedures and architectural guidelines and the decisions of the DEVELOPER
shall be final and not subject to appeal or review; however, plans, specifications and details revised
with the DEVELOPER'S recommendations may be resubmitted for determination by the
DEVELOPER.
F. The DEVELOPER, or its agent, shall have the right to inspect all construction to ensure that it is
performed in strict accordance with the approved plans, specifications and details.
G. Nothing contained herein shall be construed to limit the right of the owner to remodel the interior of
0
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his building or permitted pertinent structures, or to paint the interior of the same any color desired.
H. Neither the DEVELOPER nor the Board of Directors or any agent thereof shall be responsible in
any way for any defects in plans, specifications or details, revised or approved in accordance with
the provisions contained herein or in the guidelines, nor for any structural or other defect in any
construction.
I. Owner shall be responsible to ensure, that all constructions and structures are built in accordance
with all applicable federal, state and local statutes, ordinances, regulations and rules.
ARTICLE 13
LAND USE
Use of the Development property and all improvements thereon shall be restricted exclusively to the
uses set forth below and shall be subject to all applicable ordinates, including zoning and land use
ordinances and regulations and, where applicable, the requirements for the issuance of a Special Use
Permit and requirements for the State Highway Overlay District. Without limiting the generality of the
foregoing, the following use restrictions shall be maintained and enforced with respect to the
Development and all parcels or Lots therein:
A. Permitted Uses:
The Lots may be used for all Permitted Uses allowed by the applicable Brunswick County Zoning
Ordinance in effect on the date of the execution of these protective covenants exceJ2 the following uses
are expressly prohibited: agricultural uses, kennels, commercial marinas, sanitary services, fruit and
vegetable stands, drive in theaters, funeral homes, stables, churches, fraternities and sororities, circuses
and carnivals, fairs and sideshows, demolition -landscape landfill, dwelling units contained within the
principal use of the structure excluding security personnel, all recycling facilities, outdoor bazaars,
Christmas tree sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church.
B. Building Requirements:
1. All buildings and structures must meet the requirements of the respective governmental
building codes applicable thereto.
2. Since the establishment of the standard inflexible building setback lines in location of
buildings on Lots tends to force construction of overlays directly to the side of other
buildings with detrimental effects on privacy, view, preservation of important trees and
other vegetation, ecological and related concerns, no specific setback lines are established
by these Protective Covenants. In order to assure, however, that the forgoing
considerations are given maximum effect, the DEVELOPER reserves the right to select the
precise site location of each building or other structure on each Lot in its sole discretion
and to arrange the same in such manner and for such reasons as the DEVELOPER deems
sufficient, provided, however, the DEVELOPER shall make such determination so as to
insure that the development of the Lots subject to these Restrictions is consistent with
the provisions set forth herein.
3. All buildings shall be constructed to have a minimum set back of fifteen (15) feet from any
property line (other than a street right of way) to the face of the building.
4. Once construction of a building or other improvements are started on any Lot, the
improvements must be substantially completed in accordance with the approved plans
and specifications within twelve (12) months from the date of commencement unless
DEVELOPER otherwise approves in writing.
5. During construction of improvements on any Lot, adequate portable sanitary toilets must
be provided for the construction crew.
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6. Construction activity on a Lot shall be confined within the boundaries of said Lot. Each
owner shall have the obligation to collect and dispose of all rubbish and trash resulting
from construction on his Lot.
7. The Board of Directors may fix, assess, and collect from Lot owners an impact fee. The
amount of such fee shall be fixed by the Board of Directors of the Corporation. The
impact fee shall be paid by all Owners at the time any plans, specifications or details are
submitted to the DEVELOPER or the Board of Directors for approval in accordance with
the provisions of Article 1� herein. Such impact fee shall be held in escrow by the
Corporation and shall be used to pay any penalty, fine, or individual assessments,
including the costs of restoring any damaged property restored to its original condition.
Any unused portions of the impact shall be returned to each Owner upon completion of
work commenced in compliance with Article 12 herein.
C. Parking Areas. Driveways and Loading Areas:
All parking areas, driveways and roads must meet the 'requirements of the respective
governmental rules and regulation applicable thereto.
2. All parking areas shall be constructed to have minimum setback of five (5) feet from any
street right of way, unless the DEVELOPER otherwise approves.
3. All parking areas and driveways shall be constructed to have minimum setback of five (5)
feet from any property line other than a street right of way, unless the DEVELOPER
otherwise approves.
4. Loading areas shall not encroach into setback areas and shall be set back and screened to
minimize the effect of their appearance from neighboring property and the street.
D. Subdivision of Lots:
Lots may be combined and Lot lines altered with written approval from DEVELOPER, but no Lots
may be subdivided in order to create additional Lots. Lots may also be subdivided with approval from
DEVELOPER, subject to all applicable zoning and land use regulations: Notwithstanding the foregoing,
the DEVELOPER or its assigns may combine Lots, alter I.ot lines or create additional Lots.
E. Temnorga Buildinas:
No outbuildings of temporary or permanent character shall be built or allowed to remain on any Lot
unless specifically approved by the DEVELOPER.
F. Service Screening. Storage Areas:
Garbage and refuse containers shall be concealed within the buildings or shall be concealed by means
of a screening wall constructed of material similar to and compatible with that of the building. These
elements shall be integral with the concept of the building plan, be designed so as not to attract attention,
and shall be located in the most inconspicuous manner possible. Unless specifically approved by the
DEVELOPER, no materials, supplies or equipment shall be stored on the Property except inside a
closed building. Exterior air-conditioning units and rooftop mechanical units shall be screened to
minimize the effect of their appearance from neighboring property and the street. No outside storage or
displays shall be allowed on any Lot(s) unless specifically approved in writing by DEVELOPER.
Storage of nonbusiness related property, including, but not limited to, campers, boats, vessels or other
types of recreational vehicles is strictly prohibited.
G. Power and Communication Lines:
All secondary power lines and communication lines on any site shall be placed underground and no
portion of any line shall be situated so as to be in public view unless specifically approved by the
11
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Brunswick Count C Register of bDeeds' Robinson
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DEVELOPER. IIIIIIIIIII III IIIII�II I IIIIIIIIIIIII ?44s P001�i08-04-2006
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Brunswick Coun y, NC Register of Deeds page 12 of 18
H. Antennas:
No mast, tower or antenna, whether transmitting, receiving, or satellite disc or dish, shall be placed
on any site or building unless specifically approved in writing by the DEVELOPER. In no event shall an
antenna have a wooden mast or tower.
I. Storage Tanks:
No storage tanks, including but not limited to those used for storage of water or propane gas, shall be
permitted on any Lot except as specifically approved in writing by the DEVELOPER.
J. Mailboxes:
No mailboxes shall be permitted on any Lot except as specifically approved by the DEVELOPER.
K. Lighting:
All street lighting shall be approved by the DEVELOPER. The Corporation will he obligated for
monthly light and maintenance bills for any street lights on its land or adjacent street right-of-way prior
to the time of municipal annexation and the assumption of these charges by any Municipality.
L. Parking. Loading and Unloading'
No damaged vehicles shall be parked or stored in open areas of the Property. Delivery vehicles
(trucks, trailers, and/or vans) shall not be allowed to remain in the parking area located in front of any
building for extended periods of time. No on -street parking shall be allowed by any firm or business.
M. Landscaping:
All property shall be landscaped according to the plans approved by the DEVELOPER, and
Brunswick County. All shrubs, trees, grass and planting of every kind shall be kept neatly trimmed,
properly cultivated and free of trash and other unsightly material. Appropriate provisions shall be
provided by Owner for watering and other maintenance of the grounds.
MEFRIM",
Hobbies or activities that tend to detract from the aesthetic character of the Development and
improvements used in connection with such hobbies or activities shall not be permitted in open areas
unless carried out or constructed as directed by DEVELOPER. This paragraph is intended to include, but
not limited to, such activities as automotive repair, boat repair, and sports equipment placed on any Lot.
0. Advertising:
All signs for advertising or otherwise to be located on any Lot subject to these restrictions must be
approved in writing by the DEVELOPER, and Brunswick County.
P. Limited Use:
No improvement on any Lot shall be used for a shopping center and/or retail food sales without the
written approval of the DEVELOPER.
Q. Mineral Exploration
Lot(s) shall not be used in any manner to explore for or to use any oil, or other hydrocarbons,
12
IIIIIIIII IIc�l lull lly�ll lll�lllllt6lr Robert J. PReogbe s nof'182 V�
minerals of any kind, gravel, earth or any earth substance or other mineral of any kind.'
06-29 2007
R. Undeveloped Properly, IIIII IIII III II IIII III IIIlillllllil 111 Bzs33t R. PI.O2s;^soon 67.00
9hunsulck County, NC Register of Dead, pagbe 14 of 19
The DEVELOPER shall maintain all undeveloped property in the Development in a neat and
attractive condition.
S. Destruction.
Any building, structure or improvement which is destroyed in whole or part by fire or other casualty
shall earlier be rebuilt or torn down, and all debris removed. The Lot shall be restored to a visually
acceptable condition with reasonable promptness; however, in no event shall such debris remain on such
Lot longer than three (3) months. A temporary privacy wall or fence must be built to screen the
property from view within seven (7) days and such fence or wall must be approved in writing in advance
of construction by the DEVELOPER.
T. Municipal Water. Sewer Service and Utilities.
Municipal sewer service shall be provided by Brunswick County. Water service for the
Development shall be provided by Brunswick County. No private well shall be permitted.
U. Maintenance.
All buildings will be permanently maintained in a neat, orderly, and presentable fashion.
Owner shall be responsible for the maintenance of right-of-ways affronting its property
and the area between the Lot line and NC904 and the Lot line and/or Meadow Ridge
Drive. If, in the opinion of the Corporation or the DEVELOPER, any Owner shall fail to
maintain any Lot owned by him in a manner which is reasonably neat and orderly or shall
fail to keep improvements constructed thereon in a state of repair so as not to be
unsightly, all in the sole opinion of the Corporation or the DEVELOPER, the
Corporation in its discretion, by the affirmative vote of a majority of the members of the
Board of Directors, or the DEVELOPER, in its discretion, following ten (10) days written
notice to Owner, may enter upon and make or cause to be made repairs to such
improvements and perform such maintenance on Lot as the removal of trash, cutting of
grass, pruning of shrubbery, weeding and items of erosion control. The Corporation shall
have an easement for the purpose of accomplishing the foregoing. The reasonable cost
incurred by the Corporation in rendering all such services, plus a service charge of fifteen
percent (15%) of such cost, shall be added to and become an individual assessment to
which such Lot is subject as provided in Article 8 herein.
2. The Owner of each Lot shall keep the Lot mowed regularly and clear of any unsightly
objects, including that area from the Lot line to the edge of the paved street and from the
Lot line NC904 and in the event that the Owner of any Lot within the said Development
breaches this restriction, the DEVELOPER and Corporation reserve the right to enter
upon the Lot and mow grass, clean up the Lot and remove unsightly structures and
objects at property Owner's expense as provided in Paragraph 1 above. Where Lots
border on or contain ditches, drainage canals or swales, the Owner 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. This obligation and right may
be enforced by the Corporation or any Owner as provided in Article 10 herein.
V. Residential Buffer Areas. Owner(s) of Lot(s) in which a Residential Buffer Area is located shall
construct and maintain a fence (if required by Brunswick County) on such Lot(s), which location and
appearance shall be approved in writing by the DEVELOPER. The Corporation shall be responsible to
maintain the area between the fence and the Lot line in a neat and orderly condition and appearance.
13
1633 P0265 0a_28_200 I I dt44b rnlol'F 3:20:11.002
lllllllllillllllli Ii 1111)11!1111111 R 1143:07.000 IIIII IIII II II IIIII IIIIII III'I II"I'll Robert J. Robinson
abort J. Robinson CCC 44.. NC Register of Deeds page 14 of 1a
Brunswick Country, ogle or of Deeds page 18 0 19 8runswlek oun y, 9
��111i 11ULE 14
AMENITIES AND FACILITIES
Every dedicated access and any other amenity appurtenant to the Development, whether or not shown
and delineated on any recorded plat of the Development, shall be considered private and for the sole and
exclusive use of the DEVELOPER and Owners of Lots within the Development. Neither
DEVELOPER'S execution nor the recording of any plat nor any other act of the DEVELOPER with
respect to such areas is, or is intended to be, or shall be construed as a dedication to the public of any
such areas, facilities or amenities.
ARTICLE 15
WAIVER
No provision contained in these Protective Covenants, the Articles or the By-laws, shall be deemed to
have waived, abandoned, or abrogated by reason of failure to enforce them on the part of any person as
to the same or similar future violations, no matter how often the failure to enforce is repeated.
ARTICLE 16
VARIANCES
The DEVELOPER and ,the Board of Directors in its discretion may allow reasonable various and
adjustments of these Protective Covenants in order to alleviate practical difficulties and hardship in their
environment and operation. Any such various shall not violate the spirit or the intent of this document
to create Development of Lots. owned in fee by various people with each Owner having an easement
upon areas owned by the Corporation.
/AM141101d
DURATION, AMENDMENT AND TERMINATION
A. Lots. Persons and Entities Subject to these Protective Covenants. All present and future Owners,
tenants, and occupants of Lots and their guests or invitees, licensees, employees or agents, shall be
subject to, and shall comply with the covenants, restrictions and affirmative obligations set forth in these
Restrictions existing at this time or which may be amended from time to time. The acceptance of a deed
of conveyance or the entering into occupancy of any Lot shall constitute an agreement that the
provisions of these Protective Covenants are accepted and ratified by such Owner, tenant or occupant
and that they will fully comply with the terms and conditions of said Declaration. The covenants,
conditions, restrictions, and affirmative obligations of these Protective Covenants shall inure to the
'benefit of and be enforceable by the Corporation, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns, for a term of twenty (20) years from the date these
Protective Covenants are recorded in the Brunswick County Register of Deeds, after which date these
Protective Covenants shall be extended for successive periods of twenty (20) years, unless a majority of
the then Owners agree to revoke the same, and the covenants, restrictions, conditions and affirmative
obligations of these Protective Covenants shall run with and bind the land and shall bind any person
having at any time any interest or estate in any Lot as though such provision were made a part of each
and every deed of conveyance or lease.
B. Amendment. At any time prior to December 31, 2016 or until all Lots are sold by the
DEVELOPER, these Protective Covenants may be amended by the DEVELOPER in its discretion.
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 Protective Covenants may be
amended by vote of not less than sixty percent (60%) of the Owners and an instrument explaining such
amendment must be recorded at the Brunswick County Registry for such an amendment to be effective.
In no event may these Protective Covenants be amended so as to alter any obligation to pay ad valorem
14
IIIIIIIIIIIIIIII(III11I111IIIIIIII H25 Fl.Vlio `W
161runswick
13:28:11.002
obert J, o inson
Brunsule County, NC Register of Deeds page laof 1 Coun y, C aglatar of Deeds page 15,of 1a
taxes or assessments for public improvements, as herein provided, or affect any lien for the payment
thereof established herein, or so as to deprive DEVELOPER, its designee or successors and assigns of
any rights herein granted or reserved unto DEVELOPER. In addition, the DEVELOPER may amend
these Protective Covenants to annex additional property and make it subject to the terms, conditions,
restrictions, obligations and covenants of these Protective Covenants as provided in Article 1 I herein.
C. Invalidation of any one of these covenants or Protective Covenants by judgment or court order shall
in no way affect any other provisions which: shall remain in full force and effect.
ARTICLE 18
CAPTIONS
The capitals preceding the various Articles of these Protective Covenants are for the convenience of
reference only, and shall not be used as an aid in interpretation or construction of these Protective
Covenants. As used herein, the singular includes the plural and where there is more than one Owner of a
Lot, said Owners are jointly and severally liable for the obligations herein imposed. Throughout these
Protective Covenants, references to the masculine shall be deemed to include the feminine, the feminine
to include the masculine and the neuter to include the masculine and feminine.
ARTICLE 19
LIBERAL CONSTRUCTION
The provisions of these Protective Covenants shall be constructed liberally to effectuate its purpose of
creating a Development of fee simple ownership of Lots and building governed and controlled by rules,
regulations, restrictions, covenants, conditions, reservations and easements administered by an Owners'
association with each Owner entitled to and burdened with rights and easements equivalent to those of
other Owners.
ARTICLE 20
No provision contained in these Protective Covenants, the Articles of Incorporation, the By-laws or the
Rules and Regulations of the Corporation shall be deemed to have waived, abandoned, or abrogated by
reason of failure to enforce them on the part of any person as to the same or similar future violations, no
matter how often the failure to enforce is repeated.
ARTICLE 21
CONFLICT
In the event of any irreconcilable conflict between these Protective Covenants and the By-laws of the
Corporation, the provisions of these Protective Covenants shall control. In the event of any
irreconcilable conflict between these Protective Covenants or the By-laws and the Articles, the
provisions of the Articles shall control.
ARTICLE 22
SEVERABILITY
Invalidation of any one of these Covenants or Restrictions by judgment or any court, agency or
legislative order shall in no way affect any other provision, covenants, conditions or restrictions
contained in these Protective Covenants.
15
111I II 111.11 �I II I I I III I I III I II I IIII III o b r J . R 11 : 43: 07 000 11111111111111 Jill 1111111111111 III III �ftPOOJ,6 08-04-2008
obart J. Robin13:78.11.004
Brunswlc County, NC Ragletar of Dasds pogo 17 of 18 Brunswick Couny, NC aglstar e. pge s of 18
ARTICLE 23
ASSIGNABILITY OF RIGHTS AND LIABILITIES
The DEVELOPER shall have the right to sell, lease, transfer, assign, license and in any manner alienate or
dispose of any rights, interests and liabilities retained, accruing and reserved to it by these Protective
Covenants. Following any such disposition, the DEVELOPER in no way shall be liable or responsible to
any party with regard to any such claim or claims arising out of same in any manner.
ARTICLE 24
STORMWATER RESTRICTIONS ON IMPERVIOUS SURFACES
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restriction and protective covenants are required for High Density Commercial Subdivisions where lots
will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" area consistent with the design criteria used to size the
stormwater control facility. The following deed restrictions and covenants must be recorded prior to the
sale of any lot:
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 060101, dated January 31, 2006, as issued
by the Division of Water Quality under NCAC 2A. 1000, and as subsequently properly
amended.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. The covenants pertaining to Stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
written concurrence of the Developer and the Division of Water Quality.
6. The maximum allowable built -upon are in square feet per lot is as follows:
Lot 1 51,078 sq. ft.
Lot 2 50,364 sq. ft.
Lot 3
51,161
sq. ft.
Lot 4
17
7rflLZeofi
268,517
sq.
n1L �JJ�e zo"9
iV�N
Lot 5
sq. ft.
Lot 6
B6
sq. ft.*p�t�4
79,655
Lot 7
sq. ft:
7. All runoff from the built -upon areas must drain into the permitted system. This may be
accomplished through a variety of means including:
(a) a piped collection system, which ultimately discharges into. the Stormwater
16
IIIIIIIIIIIIIIIIIIIIilill�ll�lllll�llV16722n 111.002facility; Brunswick County, N sale or of Deede pof 18
a m
(b) appropriate grading of the Lot such that the built -upon surfaces drain into the col A
Stormwater facility in the same manner and location as approved under the ® u
permit; ex_-) y
(c) or graded swales which collect runoff and direct it into the Stormwater facility in
the same location as permitted.
Each Lot, .whose ownership is not retained by the permittee, is required to submit a
separate Stormwater permit application.
—a
�y
IN TESTIMONY WHEREOF, Meadow Ridge, LLC the DEVELOPER has caused this instrument to be =U
executed under seal this day of,~. _ U
�.y
Meadow Ridy, LIAC _L
�� L
_a1
M.
STAT`9It' NORThI CAROLINA COUNTY OF BRUNSWICK
I, the undersigned Notary Public of the County and State aforesaid, certify that � o t.-SjMn
personally came before me this day and acknowledged
that he is tho a Member/Manager of
MEADOW RIDGE, LLC a North Carolina gk
limited liability company, and that by authority duly.given and
as the act of such entity, he signed the foregoing instrument In its name on Its behalf as its act and deed.
Witness my hand and Notarial stamp or seal this day of kaMpl ,2006. I further confirm
I have personal knowledge of the identy of Jay llo top
(stamp or seal) A�Ia. J �A � �r
DIANE M DOWNER DIANE M. DOWNER, NOTARY PUBLIC
NOTARY PUBLIC
BRUNSWICK COUNTY, NC
17
IIIIIIIII�II�IiIICIIli�ll�llllIIII
Irunsulc oun y, C
B?s33 P02ss t^g443.0700000 IIIIIIIII II [II IIII IIIIII �[IIjIII
aglsiar of Deeds page 19 of 19 Brunsulc County,
11111 Hbt4 J. a I so^-200002
aglater of Deeds page 18 of iB
Ww
XHIBIT "A"
MEADOW RIDGE COMMERCIAL PARK
INITIAL POA ASSESSMENT CALCULATION
PERCENTAGE OF
LOT ASSESSMENT
1 14.285714
2 14.285714
3 14.285714
4 14.285714
5 14.285714
6 14.285714
7 14.285714
State Stonnwater Management Systems
Permit No. SW8 060101
Meadow Ridge
Stormwater Permit No. SW8 060101
Brunswick County
Designer's Certification
Page 1 of 2
I, JAB R . Hx)x) , as a duly registered in
the State of North Caroli a, having been authorized to observe (periodicallylweek—full
time) the construction of the project,
mlr,A�1 Rlt�� ��_ s�so����WJ P►io� � iP►��--C?Rt'Lfuknenl)
(Project) sT0jz*v %fATrR_ PoNZs tt 1 f :w7- MAD me Aa. fiw� srr0aaPa3 cvAiAxc� ro
r*f, PbIJos
for MEA- oik) lei pr e . (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
twiAW, -to o4n4t 6A91P1 "cAmnl roJD kuctla"r of cAkWernnk PIP946
rAWVJ_ -wIAaw,ls -m pAw Aic corrAwn r4ftumm BcwAma+%--
Signature
Registration ber—BSc
Date Z Fr-8 Zao?-
SEAL
a SEAL r:
98.16
SCEOVE11
AUG 16 2012
State Stormwater Management Systems
Permit No. SWS 060101
Certification Requirements:
A
1�
9 1., R I
11111
Page 2 of 2
The drainage area to the system contains approximately the permitted
acreage.
The drainage area to the system contains no more than the permitted
amount of built -upon area.
All the built -upon area associated with the project is graded such that the
runoff drains to the system.
All roof drains are located such that the runoff is directed into the system
The outlet/bypass structure elevations are per the approved plan.
The outlet structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
Vegetated slopes are no steeper than 3:1.
The inlets are located per the approved plans and do not cause short-
circuiting of the system.
The permitted amounts of surface area and/or volume have been
provided.
Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
^--- / -G I1
NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
d
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
OF
MEADOW RIDGE PROPERTY OWNERS ASSOCIATION, INC
the original of which was filed in this office on the 19th day of June, 2007.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 19th day of June, 2007
Secretary of State
Document Id: C20071550067
5
State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
SOSID: 923068
Date Filed: 6/19/2007 8:05:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200715500675
Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of '—
Incorporation for the purpose of forming a nonprofit corporation.
I. The name of the corporation is: Meadow Ridge Property Owners Association. Inc.
2. _ (Check only if applicable.) The corporation is a charitable or religious corporation as defined in•NCGS §55A-140(4).
3. The street address and county of the initial registered office of the corporation is:
Number and Street: 565-1 Meadow Summit Drive
City, State, Zip Code: Ocean Isle Beach. North Carolina 28469 County: Brunswick
4. The mailing address if different from the street address of the initial registered office is:
P.O. Box 627 Shallotte. NC 28459
5. The name of the initial registered agent is:
Jay Houston
6. The name and address of each incorporator is as follows: Richard W. Genova, 6989 Rosebury Court SW. Ocean Isle Beach, NC
28469 and Jav Houston P.O. Box 627, Shallotte. NC 28459
7. (Check either a or b below.)
a. X The corporation will have members.
b.—The corporation will not have members.
8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. (See Attached)
9. Any other provisions which the corporation elects to include are attached. (See Attached)
10. The street address and county of the principal office of the corporation is:
Number and Street: 565-1 Meadow Summitt Drive
City, State, Zip Code:. Ocean Isle Beach, North Carolina 28469 County: Brunswick
11. The mailing address if different from the street address of the principal office is: P.O. Box 627, Shallotte. NC 28459
12. These articles will be effective upon filing, unless a later time and/or date is specified:
This is the day of May, 2007.
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Type or print Incorporat is name and title, Jy'ppQURAT-'
Signature of Incorporator
Richard A. Genova
Type or print Incorporator's name and title, if any
NOTES:
I. Filing fee is $60. This document must be filed with the Secretary of State.
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622
ADDITIONAL PROVISIONS:
Attachment to Articles of Incorporation for
Meadow Ridge Property Owners Association, Inc.
A. Purpose and Powers: This Corporation does not contemplate pecuniary gain or profit to
the members thereof. No part of the net income of the Corporation shall inure to the benefit of
any officers, directors or members of the Corporation. The specific purposes for which it is
formed are to:
1. provide for the maintenance, administration, management and preservation of that
certain development known as Meadow Ridge Commercial Park (hereafter called the
"Development') as described in the Declaration of Protective Covenants of Meadow Ridge
Commercial Park recorded in Book 2446, Page 1 of the Brunswick County Registry (hereafter
called the "Declaration") and any additions thereto; and
2. promote the health, safety and welfare of the Development and the owner of Lots
therein; and
3. fulfill and complete such other duties, obligations, responsibilities and exercise such
powers as are assigned and granted to the corporation in the Declaration; and
4. do any and all other lawful things and acts that the Corporation from time to time, at
its discretion, may deem to be for the benefit of the Development and/or the members of the
Corporation.
The Corporation shall have the powers contained or set forth in the Declaration, its Bylaws and
these Articles, and the powers provided for or set forth in Chapter 55A and 47C-3-102 of the
North Carolina General Statutes.
B. Membership: Every owner of a Lot as defined in the Declaration shall be a member of
this Corporation, and no other person or entity shall be entitled to membership. Membership in
the Corporation shall be appurtenant to and may not be separated from ownership of a lot in the
Development. One (1) vote in the Corporation is appurtenant to each lot in the Development.
C. Voting Rights: The Corporation shall have two classes of voting numbers:
Class "A". Class "A" members shall be all Lot Owners with the exception of
Meadow Ridge, LLC (hereinafter called the "Developer") or Class `B" members as
hereinafter defined. Each Lot Owner within Class "A" shall be entitled to one vote.
2. Class'B". Class "B" members shall be the Developer. The Class 'B" member shall
be entitled to five (5) times the votes of the Class "A" members. Class "B"
membership shall cease and be converted to Class "A" membership upon the earlier of
the following events:
a. On December 31,'2016 or
b. When the Developer, voluntarily terminates its Class `B" membership
or conversion to Class "A" membership, if not sooner converted.
The members of the Corporation shall have the right to vote on the election and removal of
directors and upon such other matters with respect to the election of the Board of Directors and
such other matters as are set out in the Declaration, these Articles and the Bylaws of the
Cororation.
D. Board of Directors: The business and conduct of the Corporation shall be conducted and/or
regulated by a Board of Directors. The number, qualifications, if any, and method of election of
the Board of Directors is set forth in the Declaration and Bylaws of the Corporation. The
number of directors constituting the intention Board of Directors shall be three; and the names
and addresses of the persons who are to serve as the initial directors are:
Name:
1. Jay Houston
2. Richard A. Genova
3. Mark Kennedy
Address:
P.O. Box 627
Shallotte, NC 28459
6989 Rosebury CDult SW
Ocean Isle Beach, NC 28469
333 Greenhill Road NE
Leland, NC 28451
The Developer, Meadow Ridge, LLC, has the right to appoint and remove the members of the
Board of Directors of the Corporation as long as the Developer owns any of the Lots in the
Development, but in any event, not longer than December 31, 2016.
E. Dissolution: Upon dissolution of the Corporation, other than to merger or consolidation, the
assets of the Corporation may be dedicated to an appropriate public agency to be used for
purposes similar to those for which this Corporation was created or such assets may be granted,
conveyed and assigned to any nonprofit corporation, association, trust or other organization to be
devoted to such similar purposes or after all of its liabilities and obligations have been
discharged or adequate provisions made therefore, or be distributed as provided for by the Non -
Profit Corporation Act of the State of North Carolina or may be distributed as provided by the
Planned Community Act of the State of North Carolina. Dissolution shall conform to the terms
and conditions of the Planned Community Act of North Carolina.
F. Tax Status: Notwithstanding any other provision in these Articles, the Corporation intends to
qualify for tax-exempt status under the Internal Revenue Code (Section 528 of the Internal
Revenue Code or any corresponding provision of any future law). The Corporation shall not
cant' on any activities prohibited by a corporation electing tax-exempt status under the Internal
Revenue Code.
REGULAR MEETING OF THE BOARD OF DIRECTORS
OF
MEADOW RIDGE PROPERTY OWNERS ASSOCIATION INC.
February 1, 2012
MINUTES
Pursuant to call, a regular meeting of the Board of Directors of the Meadow Ridge
Property Owners Association, Inc. was held on Wednesday February 1, 2012 commencing
at 9:00 AM in the offices of Access Storage II, at 565-1 Meadow Summit Drive, Ocean Isle
Beach, North Carolina 28469.
1. MEETING CONDUCT AND OPENING COMMENTS
Directors present at the meeting were: Richard Genova (By Proxy), Jay
Houston, and Mark Kennedy
2. APPROVAL OF PRIOR MEETING MINUTES
a. Upon a motion by Jay Houston, seconded by Mark Kennedy and carried:
MOVED: That the minutes of the Regular Meeting of the Board of Directors,
held January 28, 2011 be approved as presented.
3. NO UNFINISHED BUSINESS
4. NEW BUSINESS
a. 2012 Budget Proposal presented by Jay Houston and discussed by Board
Members. Motion by Mark Kennedy, seconded by Jay Houston and
unanimously agreed upon (Richard Genova by proxy):
b. MOVED: That the 2012 budget proposal be adopted as presented; and
further, that the annual assessment of $1,700.00 per parcel be approved for
2012 and levied in support of the adopted budget; and further, that the 2012
assessment be due and payable on or before June 1, 2012, and further, that
the 2012 assessment be considered delinquent if not paid in full by the close
of business 30 days following the payment due date.
c. MOVED: That all parcel owners be informed that the approved 2012 budget
represents NO CHANGE per year for each parcel owner over the 2011
budget.
d. MOVED: Jay Houston would assume all duties of managing the association
at least through 2012 provided that the association management fees are
increased to $1,600.00 per annum which is reflected in the attached budget.
The anticipated sale of Lot 3 to the new buyer of Access Storage H allows for
• the increase without increasing lot owner dues.
rF
e. The entrance sign is in need of attention and Jay Houston will contact the
original sign vendor to see how to best address this issue. There has been
money budgeted for this repair. There is also an anticipated increase in
electric power this year.
f. The stormwater permit will need to be transferred from Access Storage II
since it will be dissolved as a result of the imminent anticipated closing sale.
MOVED: Houston and Associates, P.A. will be retained to perform the
permit transfer and money from the stormwater fund and Reserve Account,
if necessary, will be used to fund this professional service.
g. New directors will need to be appointed to the board since the existing board
members will no longer have business interests tied to the Meadow Ridge
POA
A copy of the adopted 2012 budget is attached to the Minutes and identified
as Exhibit "A".
5. NEXT MEETING
a. Notice of the next meeting will, be furnished once the date and time are
finalized with the new Directors.
6. ADJOURNMENT
a. Upon a motion duly made, seconded and unanimously carried, the meeting
was adjourned at 9:55 AM.
Submitted by:
Approved Attest:
n wdz�(
Richard Genova, President Dated: