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HomeMy WebLinkAboutSW8950519_HISTORICAL FILE_19980226STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 CI5051c-1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE \C\c1 022U YYYYMMDD State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality Mr. Richard Collins, Property Manager NorthChase Homeowner's Association c/o CEPCO PO Box 5585 Wilmington, North Carolina 28403 Dear Mr. Collins: 7L NCDENR ENVIRONMENT AND NArURAL RESOURCES February 26, 1998 Subject: Permit No. SW8 950519 Berkleigh Subdivision High Density Stormwater Project New Hanover County The Wilmington Regional Office received the Stormwater Application for Berkleigh Subdivision on May 30, 1995, and ownership change request on October 14, 1997, with final information on January 23, 1998. Staff review of the plans a. specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Tii ISA NCAC 2H.1000. We are forwarding the modification to Permit No. SW8 950519 dated February 26, 1998 to t NorthChase Homeowners Association. This permit shall be effective from the date of issuance until November 2, 2005 and shall be subject to the conditions ai limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this perm Failure to establish an adequate system for operation and maintenance of the stormwater management system will result future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request ; ajudicatory hearing upon writtetrreques, within thirty (30) days following receipt of this permit. This request must be in tl form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit slu be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (91 395-3900. Sincerely, Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS/arl: S:\WQS\STORMWAWERMIT\950519.NOV cc: John Klein, P.E. Tony Roberts, New Hanover County Inspections Beth Easley, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No SW8950519 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DMSION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other plicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO NorthChase Homeowners Association Berkleigh Subdivision New Hanover County FOR THE Lstruction, operation and maintenance of two detention ponds in compliance with the provisions of 15A NCAC 2H .1000 reafter referred to as the "stormwater rules ") and the approved stormwater management plans and specifications and er supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of permit. s permit shall be effective from the date of issuance until February 26, 2008 and shall be subject to the following cified conditions and limitations: )ESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in the supporting calculations and per approved plans. `A State Stormwater Management Systems Permit No. SW8 950519 6. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built -upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee and the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual homeowner. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 8. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. O The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Deed restrictions must be recorded prior to the sale of any lot, which limit the built -upon area per lot. The recorded statements must follow the form: a. "The allowable built -upon area per lot is 3,000 square feet, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." State Stormwater Management Systems Permit No SW8 950519 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Berkleigh Subdivision Permit Number: 950519 Location: New Hanover County Applicant: NorthChase Homeowners Association Mailing Address: c/o Richard Collins CEPCO PO Box 5585 Wilmington, North Carolina 28403 Application Date: May 30, 1995 Modified September 10, 1997 Water Body Receiving Stormwater Runoff: Prince George Creek Classification of Water Body: '.0 Sw" Pond Depth: Permanent Pool Elevation, MSL: Total Impervious Area, ft2: lots/ @3,000 sf/lot: Common Area, ft2: Offsite Area entering Pond: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, ft3: Provided Storage Volume, ft3: Temporary Storage Elevation, FMSL Controlling Orifice: North Pond South Pond 3.2 feet 3 feet 31.7 31.5 165,786 187,133 39/117,000 42/126,000 1,000 1000 N/A 18,220 21,650 18,810 21,960 19,908 20,582 20,635 22,815 32.75 32.5 2.5" pipe 2.75" pipe 3 State Stormwater Management Systems Permit No SW8 950519 Berkleigh Subdivision Stormwater Project No. 950519 New Hanover County Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (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. Noted Deviations from the approved plan: SEAL Signature Registration Number Date State Stormwater Management Systems Permit No. SW8 950519 "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Mail the Certification to the Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina, 28405, attention Water Quality Section. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(a) to 143- 215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 26th day of February, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ti A. Preston Howard, Jr., P.E., Director �C Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 950519 'W� State of North Carolina Department of Environment, Health and Natural Resources `� • Division of Environmental Management 1 �v James B. Hunt, Jr., Governor `ems Jonathan B. Howes, Secretary p E" N 1=?L A. Preston Howard, Jr., P.E., Director STOR NI tl A 0 ER WATER QUALITY SECTION PERMIT NAME/OWNERSIiIP CHANGE FORM E C E I V E 1. CURRENT PERMIT INFORMATION: OCT 141997 D Permit Number: Is I W 18191 0 5 1 9 PROJ # D S6Sl 1. Permit holder's name: AMMONS NORTHCHASE CORPORATION 2. Permit's signing official's name and title: Andrew L. Ammons President (Person legally responsible for permit) President (Title) 3. MailbPgaddress:4510-A NorthChase Pkw}NE City: Wi lmi ngtnn State. NC Zip Code: 28405 Phone:( 910) 799-5723 IL NEW OWNER/NAME INFORMATION 1. This request for a name change is a result of: x a. Change in owners p of property/company _b. Name change only _c. Other (please explain): 2. New owner's name (name to be put on permit): NorthChase Homeowners Association NorthChase Homeowners Association 3. New owner's or signing official's name and title: BY: Q�t,�C'� J ft-rsm Mq& CFeCD (Person legally responsible for perrrnl) 'Oy.0eE0.Tj /AXfr%AQ e'2Pcp (Title) 4. Mailhig address: PO Box 5585 City: Wilmington Stale: NC Zip Code: 9R403 Phone: (gin ) -i45-tsnn THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: 1, Andrew L . Ammons , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts Of this applic n are not completed and that if all required supporting information and attachments are not included, this pation pai*age iurn as incomplete. Signature /� Date d 9-7 Applicant's Certification: I,�1 WJW Loih,s , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date, ID 117,97 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone: (919) 733-5083 Fax: (919) 733-0719 DIVISION OF ENVIRONMENTAL MANAGEMENT DENSITY_ PROJECT DA' Project Location (County, Township/Municipality, Address, State Road) New Hanover Z'oiui -------'-- Brinkman Drive, NorthChase Owner's Name Ammons-NorthChase Corporation MailingAddress 4510-A' Nor-thChase Parkway NE Wilmington, NC 28405 Phone Number 799-5723 Submittal Date May 26, 1A95 Brief Description (include map and appropriate drawings) residential subdivision Name of Water Body Receiving Stormwater Runoff Prince Geor—�e Creek Classification of Water Body C—Sw If SA waters, engineered system, and distance is <0.5 miles, attach report of chloride sampling results mg/I State/Federal Permits/Approvals Required (Check appropriate blanks) CAMA Major 404 Permit Other (Specify) NCDOT CALCULATION OF BUILT UPON AREA Sedimentation/Erosion Control X DEM/DHS Sewage Disposal X Built upon area means that portion of a development that is covered by impervious or partially pervious cover including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project includes areas draining to different water classifications, please note them separately below. Classifcatiop. Built upon area Total Project Area % Built upon Area Allowable B/U Area Southern Subwatershed C-Sw 4.50 ib. 50- 27 14 1050, Northern Subwatershed C-Sw .11 Is the Project B/U Area S the Allowable B/U Area? Yes % Built upon area = (built upon area / total project area) * 100 Pr,- V� /r,4%0 30!% YQSub Vn i Ile, (If no, an engineered system is required.) Built upon area limits for projects to meet density: SA waters --- 25%, Other ---30% STORMWATER COLLECTION SYSTEM Describe how the runoff will be treated detention ponds Office use only STONEONATER M AY 3 C 1995 U D.EM rRoJSGu89505l9 INZ :: t . Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please provide a description n/a (Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed within 30 feet of the mean high water line,.if the project is intended to meet stormwater control requirements through density limits.) DEED RESTRICTIONS AND PROTECTIVE COVENANTS By my signature below, I certify that the recorded deed restrictions and protective covenants for this project shall limit the allowable built -upon area per lot to ' 000 square feet inclusive of right-of-way, structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be changed or deleted without consent of the State. An additional 1000 SF for each common area with the above restrictions shall be permitted.. CERTIFICATION I, Andrew L. Ammons certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information, and that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC 2H.1003 (b). I authorize a below nam person or firm to submit stormwater plans on my behalf, and agree to abide by the d r triction sta ment above. p % A,0ttT-k wn is Signature Date Provide authorized person or firm name and address below: Klein Engineering and Associates 322 South q-th Street tiJilmington, NC 28401 (910) 763-7900 1, Emily B. Voigt (Mathews) , allotary Public for the State of North Carolina County of New Hanover , do hereby certify that Andrew L. Ammons. Prpt personally appeared before me this 2 5 t h day of April , 199 F) , and acknowledges the due execution of the foregoing instr}tmept. Witness my hand and official seal, "lvly eo ' Cssion expires 7-22-96 DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF CO.�%`Regional Office 2 NoV 95 Date l) iC Date Evaluating Quality Supervisor ` cc:' - •Applicant/WiRO/Bradley Bennett/Central Files Transfer of Ownership 1. GENERAL ST®RMNATER E C E I V E D 0 OCT 141997 BERKLEIGH SUBDIVISION - PHASE 9 Stormwater Project No.: SW8 950519 PROJN Efq SOS STORM WATER MANAGEMENT OPERATION AND MAINTENANCE PLAN Berkleigh Subdivision, Phase 4, is located within the NorthChase Development located on North Carolina Highway 132 within New Hanover County. The project area will contain improvements which will require perpetual maintenance and include a storm water management system which relies on the treatment of surface runoff through one of the following methods: a. network of vegetative swales b. detention pond facility 2. OPERATION OF STORM WATER MANAGEMENT SYSTEMS a. VEGETATIVE SWALE The vegetative swales are intended to provide some measure of sediment and nutrient filtration within the vegetation as well as promoting infiltration of runoff into the subsurface groundwater. The use of these swales allow the use of curbing for roadway areas and is a permitted method for stormwater treatment in compliance with the State of North Carolina Administrative code Section 15 NCAC 2H.1000, Stormwater Runoff Disposal. b. DETENTION POND The detention pond is intended to provide some measure of sediment and nutrient filtration within the vegetation along the pond perimeter as well as promoting infiltration of runoff into the subsurface groundwater. The use of a pond allows a more intensive built -upon area to be developed and is a permitted method for stormwater treatment in compliance with the State of North Carolina Administrative code Section 15 NCAC 2H.1000, Stormwater Runoff Disposal. 3. MAINTENANCE RESPONSIBILITIES Routine maintenance as detailed below is required for both the vegetative swales and detention ponds. To provide for this, the NORTHCHASE HOMEOWNER'S ASSOCIATION shall be responsible for all required maintenance. In lieu of performing the direct maintenance, the ASSOCIATION has contracted this service to an independent maintenance entity; however, all responsibilities for enforcing these restrictive covenants shall reside with the ASSOCIATION. Stormwater Project No.: SW8 950519 Page Two Operation and Maintenance Plan Berkleigh Subdivision, Phase 9 Dues will be established at a level sufficient to fund the required maintenance personnel. 9. STORM WATER MANAGEMENT SYSTEM MAINTENANCE a. VEGETATIVE SWALES As a minimum, the following maintenance procedures shall be followed: (1) Grass shall be mowed at a sufficient interval so that the maximum grass height shall not exceed six (6) inches. (2) Vegetative swales shall be inspected for erosion or blockage after every runoff producing event but not less than monthly. (3) Areas exhibiting erosion or loss of vegetation shall be stabilized and reseeded as necessary to restore proper operation. b. DETENTION POND Prior to construction of any impervious surfaces, the wetted perimeter shall be planted with water resilient vegetation appropriate to soil and site characteristics; the remaining pond slopes shall also be vegetated and planted with vegetation appropriate to soil and site characteristics. All slopes shall be maintained to ensure growth of such vegetations. As a minimum, the following maintenance procedures shall be followed: (1) Upon Completion of Construction: (a) Any sediment deposited in detention pond shall be removed to obtain design depth, slopes and specifications. (b) All drainage features shall be inspected and cleaned of sand, silt or foreign materials. These features include, but not limited to, the pond outlet structure trash screen, outlet orifice and site drop inlet and catch basin grates. (c) Any component which is determined to be not performing satisfactory in its intended usage shall be repaired or replaced to original design specifications. (2) After Each Runoff Producing Rain: (a) Any sloughing, erosion or vegetative wash -out of the pond slopes shall be repaired immediately. Stormwater Project No.: SWB 950519 Page Three Operation and Maintenance Plan Berkleigh Subdivision, Phase 9 (b) All drainage features shall be inspected and cleaned of trash or foreign materials. These features include the pond side slopes, pond outlet structure trash screen, outlet orifice and site drop inlet and catch basin grates. (c) Any component which is determined to be not performing satisfactory in its intended usage shall be repaired or replaced to original design specifications. (3) Semi -Annually: (a) The detention pond shall be checked for siltation and filling. Should the bottom elevation exceed the design bottom elevation, the pond shall be excavated one (1) foot below the design elevation to allow so/lids accumulation due to �8'�,�'/'' siltation and filling. 025i4n O�4 l d YKYA t9dia = 3,2 � SCSu-fh P011d, = S..0 (" Z_qz Consolidated Estate and Property Conrol Corporation: By: Richard Collins - Manager P.O. Box 5585 Wilmington, NC 28403 (910) 395-1500 North Carolina New Hanover County I, F.m; lu 3 IUAW)eIu , a Notary Public for Countv of New Hanover and / ' i chatQ O0 �ii K5 State of North Carolina, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this ( - day of 1997. Notary Publi Myei1T�4fty°,xpires 'T- ��- •?00 / W..........y °A° P10TAr7Y � �° n Z '. PUBLIC ' 4. .....• Jeae, �VER•GQ eep Stormwater Project No.: SW8 950519 \ ,0 LSUJR PAGE ,- 1983 0211 RECORDED AND VERIFIED SUE DOTS �T®RMWATER REGISTER ER OF DEEDSCOUNTY STATE OF NORTH CAROLIN OF NEW HANOVER NEW HANOVERCO.NC ��nE C E I V ED '96FEB 1 PM 1 11 lU! D PROTECTIVE COVENANTS OF 'Inul OCT 141997 BERKLEIGH SUBDIVISION SECTION 7 ,0000 4 THIS DECLARATION, Made this 31st day of January , 1996, by AMMONS LAND COMPANY', INC., a North Carolina corporation, hereinafter called ''Declarant." W I T N E S S E T H: THAT WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the Protective Covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold, and conveyed subject to the Protective Covenants set forth below: ARTICLE I The real property which is, and shall be held, transferred, sold and conveyed subject to the Protective Covenants set forth in the Articles of this Declaration is located in the County of New Hanover, State of North Carolina, and is more particularly described as follows: Being all of the Lots in BERKLEIGH, Section 7, as the same are shown on a subdivision map thereof as recorded in Map Book 35 at Page 261 New Hanover County Registry. The real property described in Article I hereof is subject to the Protective Covenants and Restrictions hereby declared to insure the best use and the most appropriate development and improvement of each lot thereof; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color s emes; to insure the highest and best development of said P _ �99-Id'7'�23 Prepared by POISSON, BARNHILL & SEAY 519 Markel SL, Wilmington, NC 28401 I B00n PAGE 1983 0212 property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on lots; to prevent haphazard and inharmonious improvement on lots; to secure and maintain proper setbacks from streets and adequate free spaces between structures, and in general to provide adequately for a high type and quality of improvements in said property, and thereby to enhance the values of investments made by purchasers of lots therein. ARTICLE II LAND USE AND BUILDING TYPE. No lot shall be used except for single family residential purposes. No building or structure, including TV Satellite Dish, shall be erected, altered, placed or permitted to remain on any lot other than one detached, single family dwelling not to exceed three (3) stories in height, a private garage for not more than three (3) cars, and (with the approval of the Architectural Committee) a non-metal accessory building or structure for storage or other appropriate residential uses, not in excess of 250 square feet in area, which shall be located in the rear of dwelling at a location approved by the Architectural Committee. ARTICLE III BUILDING LOCATION. No building (including an accessory building or structure and a garage) shall be erected, placed, or altered on any premises in said development until the building plans, specifications, and plot showing the location of every such building, have been approved in writing as to conformity and harmony of external design with existing structures in the development, and as to location of the building with respect to topography and finished ground elevation by the Architectural Committee, which shall be a committee composed of three persons designated and appointed by the Board of Directors of Ammons NorthChase Corporation, its successors or its assigns. In the event the Committee fails to approve or disapprove such design or location within thirty days after the plans and specifications have bee submitted to it, or, in any event if no suit to enjoin the erection of any such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with. Members of the Committee shall not be entitled to any compensation for services performed pursuant to this covenant. ARTICLE IV DWELLING SIZE. Except with the prior written approval of the Architectural Committee, no residential structure, which has an area of less than 1100 square feet, exclusive of porches, breeze- ways, steps and garages, shall be erected or placed or permitted to remain on any lot. BOOK PAGE �983 0213 ARTICLE V BUILDING SETBACK AND SEPARATION. Buildings located on the periphery of the Planned Development District shall be set back a minimum of twenty (20)feet from the Planned Development District boundary. All buildings shall be set back at least ten (10) feet from the rear lot lines and all pedestrian and bicycle paths, front setbacks to be twenty-five (25) feet from all public and private streets, and fifty (50) feet along US and NC numbered highways and major thoroughfares. No building shall encroach upon the right-of- way of a proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan. No building shall be located nearer than five (5) feet from any side line and in no case shall any part of a building be located closer than ten (10) feet to any part of another building. For the purpose of this covenant, eaves and steps shall not be considered a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. Ammons NorthChase Corporation reserves the right to waive minor violations of the setback and side line requirements set forth in this Article. (Violations not in. excess of 10% of the minimum requirements shall be deemed minor.) In the event the setback distances on the recorded plat conflict with those recited herein, the setbacks stated herein shall control. ARTICLE VI LOT AREA AND WIDTH. All lots as shown on the recorded map hereinbefore referred to are hereby approved. Adjustments may be made, however, in the line between any two lots so long as the area of any lot is not reduced by more than ten percent (10%) and so long as all other restrictions herein set forth are observed. ARTICLE VII EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear ten feet of each lot and five feet on the front and each side line unless shown in excess of such distances on the recorded plat, in which case the plat shall control. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. The easements provided for herein may be moved to conform to the relocation of lot lines provided such movement does not interfere with the existing easement rights belonging to the owners of the other lots, however, alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. BOOK PACE i 9 8 3 O 2 14 ARTICLE VIII BUSINESS, MANUFACTURING, COMMERCIAL AND PROFESSIONAL USES PROHIBITED; NUISANCES PROHIBITED. No part of the said property shall be used for business, manufacturing, commercial or professional purposes. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No signs or billboards shall be erected or maintained on the premises, except real estate subdivision signs or other related types of signs. No business activity or trade of any kind whatsoever, which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, shall be carried on upon any lot. No trade materials or inventories may be stored or regularly parked on the premises. ARTICLE IX TEMPORARY STRUCTURES. No trailer, tent, shack, barn or other outbuilding, except a private garage for not more than three (3) cars and an accessory building or structure as authorized by the provisions of ARTICLE II, shall be erected or placed on any lot covered by these covenants. Except with the prior consent of the Architectural Committee, no detached garage shall at any time by used for human habitation temporarily or permanently. Also, no clotheslines, satellite dishes or any outside antennas (radio and television) shall be permitted without express written consent of the Architectural Committee. ARTICLE X FENCES. No fence, wall, hedge, or mass planting shall be permitted except in rear of dwelling and shall not be permitted to extend beyond the rear corner of dwellings, except upon approval by the Architectural Committee. Any fence constructed within these bounds must be approved by the Architectural Committee as to location, style, design and materials. ARTICLE XI MAILBOXES. Prior to the erection of any mailbox on any lot in the subdivision or in the street right-of-way adjacent to the lot, the lot owner will present a plan and design for said mailbox and a plot plan showing the location thereof to the Declarant, and the Declarant shall have the right to approve both the design and location of said mailbox; it being the intention of the Declarant to require a uniform look of all mailboxes in BERKLEIGH Subdivision. If after sixty (60) days have passed and Declarant has not responded to the plan submitted by the lot owner, the lot owner is entitled to assume that his plan and location has been approved by the Declarant. If a mailbox is erected without following this procedure, then the Declarant is entitled to remove the mailbox and require lot owner to erect one of proper design. Boor PAGE .. 1983 0215 ARTICLE XII ANIMALS. No animals or poultry of any kind, other than house pets, shall be kept or maintained on any part of said property. ARTICLE XIII PARKING. Adequate off-street parking shall be provided by the owner of each lot for the parking of automobiles owned by such owner, and owners of lots shall not be permitted to park their automobiles on the streets in the development. Owners of lots shall not be permitted to park boats, trailers, campers and all other similar property on the streets in the development, and such property shall be parked in a garage or screened area. The Homeowners Association may make parking available for recreational vehicles and boats. No unlicensed vehicle or junk cars shall be parked on any lot, in the streets or common areas. ARTICLE XIV UNDERGROUND UTILITIES AND STREET LIGHTING. Declarant reserves the right to subject the real property described hereinabove to a contract with Carolina Power & Light Company for the installation of street lighting, either or both of which may require a continuous monthly charge to the owner of each building lot. ARTICLE XV STORM WATER. The allowable built -upon area per lot is 3,000 square feet, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking. The covenants pertaining to stormwater regulations may not be changed or deleted without the concurrence of the State of North Carolina. This covenant is intended to insure continued compliance with storm water runoff rules adopted by the State of North Carolina, and therefore benefits may be enforced by the State of North Carolina. This covenant shall run with the land and shall be binding on all parties and all persons claiming under them. In addition, vegetative swales shall not be piped or filled. Alteration of drainage as shown on the approved plan may not take place without the concuurence of the State. ARTICLE XVI TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date on which this Declaration and Agreement is filed for registration in the Registry of New Hanover County, after which period said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 1903 0216 ARTICLE XVII ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages, or both. Storm water covenants may. be enforced by the State of North Carolina. ARTICLE XVIII SEVERABILITY. Invalidation of any one of these covenants or any part thereof by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect, and the failure of any person or persons to take action tp enforce the violation of any of these covenants and restrictions, shall not prevent the enforcement of such covenant or covenants in the future. IN WITNESS WHEREOF, Ammons Land Company, Inc. has caused this pn.P.;:. instrument to be executed in its corporate name by its proper ;i. ooll'"I%Prs and its corporate seal hereunto affixed, as of the day and �,�,£Ofhrst above written. O 4. o SEAL i ecretary NORTH CAROLINA, NEW HANOVER COUNTY. AMMONAS LAND COMPANY, INC. By ,W 2 1ti Vice President I, the undersigned Notary Public, hereby certify that Emily D. Mathews personally came before me this day and acknowledged that she is Assistant Secretary of Ammons Land Company, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by herself as its Assistant Secretary. Witness my hand and notarial seal this 31st day of January 1996. ! 4/Notary Public �pnutq�� ��pOgysion expires: STATE OP NORTH CAROLINA ........... ����� New Hanover County • NOTA q,- T'Ire Foref,uiug/ Annexed Certificate(s) of GRYSTA7 Rfln➢RS Notary (Notaries) Public is/ are certified �� �.•'• •' • • to be correct. �'4,,D��ER C �•.� This the _I— day of 19 96. Mary Sue Oots, Rcgi ter of cods by Ikp ty/Aristaall. ,) a ^,. PAGSTORMWATER E DECEIVE D DOCI'. 0 7 3 8 uu OCT 141997 210`1 p PROJ k� OSI STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER R�'CCRGED AND VERIFIED NARY SUE OOTS REGISTER OF DEEDS NEW HANOVER CO. NC '96 NOU 14 Pn 1 02 PROTECTIVE COVENANTS OF BERKLEIGH SECTION 8 THIS DECLARATION, made this 24thday of October , 1996, by AMMONS LAND COMPANY, INC., a North Carolina Corporation, hereinafter called "Declarant". W I T N E S S E T H: 0()jo 9 3 WHEREAS, Declarant, by instrument dated January 31, 1996, and recorded in Book 1983 at Page 0211 of the New Hanover County Registry, subjected certain lots in Berkleigh Subdivision, Section 7 to the protective covenants therein set forth; and WHEREAS, Declarant is the owner of the hereinafter described lots in Berkleigh Subdivision, Section 8 and desires to subject the same to said protective covenants recorded in said Book 1983 at Page 0211 of the New Hanover County Registry, each and all of which shall be for the benefit of such property and for each and every owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, Declarant, hereby declares that the real property described below is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in said RErtl, sy�p p c4a-� Prepared by POISSON, BARNHILL & SEAY 519 Market SL, Wilmington, NC 28401 3O0 PAGE 210'i 0739 Declaration recorded in Book 1983 at Page 0211 of the New Hanover County Registry, said protective covenants, being incorporated herein by reference. Located in New Hanover County: BEING ALL of Lots 76 through 101 (inclusive) and all of Lots 130 through 148 (inclusive) of BERKLEIGH, Section 8, as the same are shown on a map thereof recorded in Map Book 36 at Page 163 of the New Hanover County Registry. IN WITNESS WHEREOF, AMMONS LAND COMPANY, INC. has duly exeCVQ'6,44his instrument as by law provided on the day, month and +,e- C� 4dar first ;above written. `= UF,POfiq/'o fa C: p �_ Apo i .:�l:�9.L ATYL' ASS ANT SECRETARY (CORORATE SEAL) AMMO,1AND COMPANY, INC. BY: /f VIC -PRESIDENT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that Emily B. Mathews personally came before me this day and acknowledged that she is Assistant Secretary of AMMONS LAND COMPANY, INC., a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice -President, sealed with its corporate seal and attested by herself as its Assistant Secretary. Witness my hand and notarial seal this24th day of October , 1996. NOTARY PUBLIC MY CONNAHi't4ON EXPIRES: 110, s(N• R//O %�- •......... OPy a• (Pc f NOTARY 7 PUBLIC z , •,,�",gV'108111161100 ; � ' r O�ER Go:V • STATE OF NORTH CAROLINA New Hanover County The Foregoing Annexed Certificate(s) of Notary otaries) Public Is/ a / certified to be corrnet. , 11ris the Deputy/ of deeds 19_1 1dahi, NO TIC, HCH?E January 19, 1998 NC Dept of Environmental, Health and Natural Resources Division of Water Quality 127 North Cardinal Drive Wilmington, NC 28405 Attn: Ms. Linda Lewis fR1Er�pd�D JAN 2 3 190 RE: Stormwater Permit #SW8 950519 Berkleigh Subdivision, Phave IV (Sections 7 and 8) Dear Ms. Lewis: As a follow-up to your letter of January 12, 1998, we have enclosed the following documentation: (1) Copy of Articles of Incorporation for NorthChase Homeowners Association (cover sheet, first 2 pages and legal description). (2) Copy of Master Homeowners Association's covenants for NorthChase Homeowners Association (first page, execution page and legal description). (3) Copy of specific applicability and annexation notice for Berkleigh, Phase IV lots (our Sections 7 and 8). (4) Copy of Deed of Transfer for Phase IV ponds, located on common areas Tract 1 and Tract 2, to Homeowners Association. We will await your feedback. Thank you for your assistance thus far. ALA/ebm Sincerely, '/// / AUV7 Andrew L. Ammons AMMONS NORTHCHASE CORP. 4510-A NorthChase Parkway NE • Wilmington, NC 28405 (910) 799-5723 • FAX (910) 799-2111 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality January 12, 1998 Mr. Andrew L. Ammons Ammons-NorthChase 4510-A NorthChase Parkway NE Wilmington, NC 28405 L NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Stormwater Permit Transfer Berkleigh Subdivision, Phase IV Stormwater Project No. SW8 950519 New Hanover County Dear Mr. Ammons: The Wilmington Regional Office received documentation relative to your request to transfer ownership and maintenance responsibility for the 2 permitted detention ponds in Berkleigh Subdivision Phase IV (Sections 7 & 8) on October 14, 1997. An inspection of the facilities was performed on December 12, 1997. The construction of the South Pond was not able to be confirmed, as access to the pond from Phase IV was unavailable due to construction traffic. The Engineer's Certification was received on August 2, 1996, and a copy of the recorded deed restrictions was received on October 14, 1997. The last piece of information needed is a copy of the legal documentation of the transfer of ownership such as a contract, deed or articles of incorporation. This condition is number 3 on the required items list at the top of the signature page of the name/ownership change form. In this case, I believe a copy of the documentation creating the NorthChase HOA and subjecting each lot in the subdivision to membership in the HOA will be sufficient. Please return the requested information by February 12, 1998. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950519.JAN cc: Linda Lewis 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NOkTHCHE October 10, 1997 NC Dept of Environment, Health and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Attn: Ms. Linda Lewis RE: Transfer of Ownership--#SW8950519 Berkleigh, Phase IV Dear Ms. Lewis: RECEIVED OCT 14 1997 As a follow up to your letter of September 24, 1997, we have enclosed the following: (1) Deed Restrictions for Berkleigh, Phase IV (Sections 7 and 8)--See.'Article XV (2) Executed O & M plan (3) Revised Permit Name/Ownership Form (4) Cover letter from Homeowners' Association Management Company outlining the involvement of both CEPCO and the Homeowners' Association Board of Directors and Pond Committee. Since they are also responsible for long term maintenance on (11) other ponds within NorthChase, adding the (2) new ponds was anticipated and, in fact, they have been maintaining the (2) referenced ponds for almost 2 years. Thank you for your assistance thus far. ALA/ebm Enclosures Sincerely, (ndrlw L. Ammons President AMMONS NORTHCHASE CORP. 4510-A NorthChase Parkway NE • Wilmington, NC 28405 (910) 799-5723 • FAX (910)799.2111 EJL CO Consolidated Fstate & Pmperty Control Corp, ST®RM 0 V1�I / C 4®`I� ER October 6, 1997 N C Dept. of Environmental & Natural Resources n E C E I V E D Division of Water Quality I�fus OCT 141997 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 sDM519 PROJ #• ATT: MS. LINDA LEWIS RE: LONG TERM MAINTENANCE RESPONSIBILITIES FOR NORTHCHASE PERMIT SW8950519 BERKLEIGH SUBDIVISION PERMIT SW8961004 TECHNOLOGY COURT Dear Ms. Lewis It is my understanding that, in order to be sure the files are correct, we need to make formal notification that, as Property Managers for Northchase Homeowners Assn. Inc. and Technology Court, we will be coordinating the response to the maintenance needs of these associations. We will be working on behalf of both associations in the collection of annual maintenance dues, preparing budgets, obtaining contractors to complete required activities and the administration of finances. We have received the Operation and Maintenance Plans for the assigned storm - water ponds in Berkleigh and have made them available to the Northchase Drainage and Pond Committees and have been involved in the maintenance of these ponds since 1996. We expect to begin long term maintenance on the Technology Court facilities on or about January 1, 1998. We believe that all procedures are in order to ensure the long term maintenance of these ponds by both Associations. If you have questions or if I can be of assistance, do not hesitate to contact me. Sincerely Richard Collins, Property Manager for: NORTHCHASE HOA & TECHNOLOGY COURT NCH\H2OQUALLTY Professional Property Management P.O. Box 5585 • Wilmington, NC 28403 • 919/395-1500 • Fax 395-6229 0 State of North Carolina Department of Environment and Natural Resources James B. Hunt, Jr. Governor Mr. Andy Ammons Ammons-NorthChase Corporation 4510-A NorthChase Parkway NE Wilmington, NC 28405 Dear Mr. Amnions: Wilmington Regional Office Division of Water Quality Water Quality Section September 24, 1997 Wayne McDevitt Secretary Subject: Transfer of Ownership Berkleigh, Phase IV Stormwater Project No. SW8 950519 New Hanover County The Wilmington Regional Office received a name/ownership change form for the subject project on September 10, 1997. It has been the policy of this Office to issue original permits to the developer and only after all construction is complete, and the project is in compliance with the permit, will this Office transfer the ownership to a Home Owner's Association. Your signature as president of the HOA is unacceptable, since you still represent the developer. The fact that you are signing as the president of the HOA indicates that the actual homeowners in Berkleigh neither know that this transfer is taking place, nor that they are now financially responsible for the maintenance of the pond. Our reasoning for not issuing the transfer at this time is that in general, developers tend to leave a pond in non- compliance at the time of the transfer, leaving the mess for the homeowners to clean up at their expense. In order to avoid this situation, transfers to the HOA will require a signature of an actual resident living in the subject subdivision, who has been elected or appointed president of the HOA. Other required documents include a copy of the legal papers forming the HOA, the recorded deed restrictions, the Engineer's Certification, and a signed Operation and Maintenance plan. Our records indicate that the Engineer's Certification has been received, however, neither the deed restrictions nor an Operation and Maintenance plan signed by the president of the HOA have been received for this project. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950519.SEP cc: Linda Lewis Central Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management r r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N A. Preston Howard, Jr., P.E., Director WATER QUALITY SECTION SEP 10 1917 m;rrel7i mmm�=Mnncrc�nn 2. Permit's signing official's name and title: Andrew L _ Ammons . Prec i den h (Person legally responsible for permit) President (Title) 3. Mailing address: 4910-A Nnrthr'hagP Plan=z NE City: Wilmjngtrn State' NC Zip Code: 28405 Phone:( 910 ) 799-5723 IL .NEW OWNER/NAME INFORMATION I. This request for a name change is a result of: \' X a. Change in ownership of property/company _b. Name change only _c. Other (please explain): 2. New owner's name (name to be put on pennit):NorthChise Homeowners Association 'NorthChase Homeowners Association 3. New owner's or signing official's name and tide: Ely Andraa T. _ Amrtnns (Person legally responsible for permit) President. PO Box 5585 (Title) 4. Mailing address: City: wi lminotnn State: NC Zip Code: 28403 Phone: ( 910 ; 95-1500 PERMIT NAN1E/OWNERSHfP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY 130TH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF. OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I Andreia L . Amrons attest that this application for name/ownership change has been reviewed and is accurate and complete to the best, of my knowledge. I understand that if all required parts of this applicquon are not completed and that if all required supporting information and attachments are not included, thapplication pIckage will be returned as incomplete. Applicant's Certification: I Andrew L. Ammons , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this applic on are not completed and that if all required supporting information and attachments are not included, this/ppltcation $acyge will be returned as incomplete. THE- COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone: (919) 733-5083 Fax: (919) 733-0719 CP f�00 BCG01; 2 10 9 RECORDED AND VERIFIED PAGE NARY SUE 00TS REGISTER OF DEEDS 0 7 y 0 NEW HANOVER CO. NC '96 NOV 19 Pn 1 02 Tax I.D. No. Pt. 02600-003-004-000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NO pEY@RIB BTAYPS WARRANTY DEED "J0()094 THIS DEED, made this the 13th day of November 1996, by and between AMMONS LAND COMPANY, INC., a North Carolina corporation (hereinafter called "Grantor"); and NORTHCHASE HOMEOWNERS ASSOCIATION, INC., a North Carolina non profit corporation, (hereinafter called "Grantee"), whose mailing address is Care of CEPCO, P. O. Box 5585, Wilmington, NC 28403; (whether one or more persons, firms or corporations). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the said Grantor, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid to it, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, the following described lands located in Cape Fear Township, County of New Hanover and State of North Carolina and being more particularly described as follows: TRACT 1: BEING all that parcel designated "Common Area - Pond", BERKLEIGH, Section 7, as the same is shown on a map thereof recorded in Map Book 35 at Page 261 of the New Hanover County Registry. SUBJECT TO duties, requirements and obligations imposed by the State of North Carolina, Division of Environmental Management, in regard to proper continued maintenance of the property and pond area for drainage and storm water detention pond in accordance with State Stormwater Management Systems Permit(s), and including the restriction that alteration of drainage as shown on the approved plan or plat may not take place without the concurrence of the State of North Carolina, all of which, Grantee, by acceptance of this deed agrees to be bound. I r Prepared by POISSON, BARNHILL 8 SEAY, PO Box 2027, Wilmington, Nc 28402-2027 (910) 763-2525 6001" PAGE 210`1 0741 TRACT 2: BEING all that parcel designated "Common Area Northern Detention Pond", BERKLEIGH, Section 8, as the same is shown on a map thereof recorded in Map Book 36 at Page 163 of the New Hanover County Registry. SUBJECT TO duties, requirements and obligations imposed by the State of North Carolina, Division of Environmental Management, in regard to proper continued maintenance of the property and pond area for drainage and storm water detention pond in accordance with State Stormwater Management Systems Permit(s), and including the restriction that alteration of drainage as shown on the approved plan or plat may not take place without the concurrence of the State of North Carolina, all of which, Grantee, by acceptance of this deed agrees to be bound. TRACT 3: BEING those two parcels of land designated as "Common Area", DANBURY FOREST, Section 3, as the same are shown on a map thereof recorded in Map Book 34 at Page 250 of the New Hanover County Registry. SUBJECT TO duties, requirements and obligations imposed by the State of North Carolina, Division of Environmental Management, in regard to proper continued maintenance of the property and pond area for drainage and storm water detention pond in accordance with State Stormwater Management Systems Permit(s), and including the restriction that alteration of drainage as shown on the approved plan or plat may not take place without the concurrence of the State of North Carolina, all of which, Grantee, by acceptance of this deed agrees to be bound. TO HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple FOREVER. AND said Grantor covenants with the Grantee that the Grantor is seized of the said premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth: usual utility easements reserved and dedicated to New Hanover County Water and Sewer District, restrictions imposed by the State of North Carolina for management and maintenance of said property for drainage and storm water detention ponds, rights -of -way of record; and except as stated, said Grantor will WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, AMMONS LAND COMPANY, INC. , Grantor, has caused this Instrument to be executed in its corporate name by its duly authorized officers, and corporate seal affixed, all the day and year first above written. GOOK PACE 210`1 0742 AMMONS LAND COMPANY, INC, By: i 1 Vice President %%O 0 to nt Secre iQRP6"TE SEAL) 9nn .�ita..d.. A gT4T,E OF NORTH CAROLINA COUNTY OF NEW HANOVER I Crystal Rhodes a Notary Public in and for the County and State aforesaid, certify that Emily B. Mathews personally appeared before me this day and acknowledged that she is the Assistant Secretary of AMMONS LAND COMPANY, INC.; a North Carolina corporation, and that by authority duly given and as an act of the corporation, the foregoing Instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by herself as its Assistant Secretary. Witness my hand and official stamp or seal this 13th day of November 1996. N46tary Public My Commission expires: J NOTARY 1 aueuc Z j y'•. STATE OF NORTH CAROLINA .,,OVER CO,. •' COUNTY OF NEW HANOVER The foregoing certificate of Cry s/z-- nn '` UO. Notary Public, art?' R certified to be rrect this ty, day of , 1996. MARY SUE OOTS Regi toof e Adis -New Hanover County By I (J L L—i puty/A ant Prepared by POISSON, BARNHILL 8 SEAY, PO Box 2027, Wilmington, NC 28402-2027 (910) 763-2525