SW8000505_HISTORICAL FILE_20030610 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 00 O S 05
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
200 3 04 IO
YYYYMMDD

\o�OFWATF9OG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-i
Y Alan W. Klimek, P.E.,Director
Division of Water Quality
June 10, 2003
Mr. Deans Hackney, General Partner
1st Wilmington Properties
PO Box 3442
Wilmington, NC 28406
Subject:
Dear Mr. Hackney:
Approved Plan Revision
Ashcroft @The Commons
Stormwater Project No. SW8 000505
Onslow County
On April 14, 2003, the Wilmington Regional Office received a plan revision for
Stormwater Management Permit Number SW8 000505. The revisions include the
piping of a ditch. This is allowed because the project is a high density subdivision. It has
been determined that a formal permit modification is not required for the proposed
changes. We are forwarding you an approved copy of the revised plans for your files.
Please replace the old approved plan sheet with the new one, enclosed.
Please be aware that all terms and conditions of the permit issued on August 16,
2000, remain in full force and effect. Please also understand that the approval of this
revision to the approved plans for the subject State Stormwater Permit is done on a
case -by -case basis. Any other changes to this project must be approved through this
Office prior to construction. If it is determined that the proposed revision will require a
modification to the permit, you will be notified.
If you have any questions concerning this matter, please do not hesitate to call
me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWA-RREVISION\000505.jun03
cc: Tim Stewart, P.E., Parker and Associates
Onslow County Building Inspections
Linda Lewis
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
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NCDENR

PARKER & ASSOCIATES, INC. 5lisp
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Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street P.O. Box 976
Jacksonville, NC 28541-0976
[phone] ♦ Fax: [phone]
LETTER OF TRANSMITTAL
To: Mc Linda Lewis
NCDENR-Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
WE ARE SENDING YOU:
APR 1 2003
DATE:
REF: Aghcroft at the Commnns
Stormwater Permit No. SW8000505
Two (2) copies of Revised General Grading and Drainage Plan for the above referenced
DELIVERY VIA:
® Regular Mail
❑ Hand
❑
Federal Express
❑ UPS Overnight
❑ UPS Ground
❑
Other
THESE ARE TRANSMITTED AS CHECKED BELOW.•
0 For Approval
❑ For Your Use
❑ Other
❑ As Requested
❑ For Bids Due
❑ For Review and Comment
Comments:
Linda: Owner ( Deans Hackney) wants to pipe rear swales going to pond. We discussed this before and you said
you didn't have any problems with it since flow goes to ponds. Also, lengthened pipe MM per our previous
discussions.
Timothy M. S wa , P.E.
Copies To: Mr. Tom Anderson, P.L.S. (w/enclosures)
TMS/adh Mr. Deans Hackney (w/enclosures)
CF (P), REW
(If enclosures are not as noted, kindly notify us at once)
c1 TNIS.Lewis.lot.4.10.03
ENVIRONMENTAL ENGINEERING ♦ STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ♦ FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

10/03/2002 13:19 9104553441
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PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors • Land Planners Xn
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
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ENVIRONMENTAL ENGINEERING • STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS

10/03/2002 13:19 9104553441 _. PAGE 02
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Parker & Associates, Inc. (9101 455-3441 P.1
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors • Land Planners
306 New Bridge Street . P.O. Box 976
Jacksonville, NC 28541-0976
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The information contained in this facsimile is privileged and confidential, intended
only tar the use of the addressee. If the reader is not the intended recipient, you
are hereby notified that any use is strictly prohibited If you have received this
teleccpy in error, please immediately notify the sender by telephone and return the
original telecopy to the sender at the above address. Thank you
CI:xP%D0C\FUCaWR
ENVIRONMENTAL ENGINEERING . STORM WATER MANAGEMENT . WATER AND WASTEWATERSYSTEMS
DEVELOPMENT CONSULTING • FEASIDILI'I'Y REPURTS . COMPUTER AIDED DESIGN . CONSTRUCTION PLANS
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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
October 19, 2001
Mr. Deans Hackney, General Partner
1 st Wilmington Properties
PO Box 3442
Wilmington, NC 28406
Subject: REQUEST FOR RECORDED
DEED RESTRICTIONS
Ashcroft @The Commons
Stormwater Project No. SW8 000505
Onslow County
Dear Mr. Hackney:
On August 16, 2000, the Wilmington Regional Office issued a Stormwater Management Permit to you for
Ashcroft @The Commons. Per the requirements of the Stormwater Management Permit, a copy of the recorded deed
restrictions must be forwarded within 30 days of the date of recording, and the Designer's Certification must be
received prior to operation of the permitted Stormwater management system. A review of our files indicates that
neither a copy of the recorded deed restrictions nor the Designer's Certification has been received by this Office.
Failure to submit the Designer's Certification prior to operation of the system or to record and/or provide
a copy of the recorded deed restrictions prior to selling lots are violations of your Stormwater Management Permit,
and subject to enforcement action. Please forward the Designer's Certification and a copy of the recorded deed
restrictions to this Office at the address below by November 18, 2001, or enforcement action may be initiated and
may include recommendations for civil penalties and revocation of the Stormwater Management Permit.
The modification to extend the piping between Lots 24/25 and 26/27 can be approved upon receipt of the
deed restrictions and certification. If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\DEEDREST\000505.00T
cc: Tim Stewart, P.E.
Marshall Parker, Onslow County Inspections
Wilmington Regional Office
Central Files
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer service
800-623-7748

in �,
IN im
97PARt01PJEOR' Tl1�E�SC�
September 9, 2001
Ms. Linda Lewis
NCDENR
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Dear Linda,
RECEIVED
SEP 12 A01
PROJ # lN�W� �115
ist Wilmington Properties is currently developing Ashcroft; a single fancily subdivision located in Jacksonville
NC. The first phase has been completed and was constructed in accordance with the plats specified in Permit No.
SW8000505 dated August 16, 2000. At this time, we are requesting permission to modify the current plan by
extending the pipes currently passing under Providence Drive some 75 feet in each direction. I have included a
copy of the plat for your review. As it stands now, the depth of the existing ditch along with the required side slopes
will combine to make lots bordering this easement unbuildable. I spoke with Tim Stewart of Parker and Associates
about this matter and he feels that since the ditch in question only handles offsite water, DENHR may allow this
modification to the plan.
Linda, please review the plan that I have submitted and I will contact you to get your comments. In the meantime,
if you need any additional information, please feel free to contact me.
Since, ,
Dea s a ey
Ist Wih gton Properties
`5 4
�j QQ �
4 v
P.O. BOX 3442 • WILMINGTON, NORTH CAROLINA 28406 • [phone]

Oct 23 01 (13:5Up Parker S, Rssociates, Inc. (9101 455-3441 p.1
PARKER. & ASSOCIATES, INC. 71101idg liori ny
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonvilie, NC 28541-0976 ?
[phone] + Fax: (9l0) 455-3441
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The information contained in this facsimile is privileged and confidential, intended
only for the use of the addressee. If the reader is not the intended recipient, you
are hereby notified that any use is strictly prohibited If you have received this
telecopy in error, please immediately notify the sender by telephone and return the
original telecopy to the sadder at the above addresa. Thank you
CI:a?\CCc\rhXCoWGR (,� W I F 19A k� Agy It IC-7Tr-nl.
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BE 1 10 0 PAGE 9 4 1
RECEIVED
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2001 I -'.PR 20 PH 12: 28
OCT 2 2 2001
DECLARATION OF COVENANTS, DWQ
11
KNOW ALL MEN BY THESE PRESENTS,
That the undersigned, 1 ST WILMINGTON PROPERTIES (herein called
"Declarant'), a North Carolina General Partnership, is the Owner of all of the interest and equity in
that certain tract of land known as ASHCROFT AT THE COMMONS, PHASE 1, and it is the
desire of the Declarant to insure the use of said property for attractive residential purposes only, to
prevent the impairment of the attractiveness of the property, to maintain the desired tone of the
community, and thereby to secure to each Lot Owner the full benefit and enjoyment of his home .
with no greater restriction upon the free and undisturbed use of his Lot than is necessary to insure
the same advantages to the other Lot Owners;
NOW, THEREFORE, the Declarant does hereby covenant, agree and declare to and
with all persons, firms or corporations now owning or hereafter acquiring any property in
ASHCROFT AT THE COMMONS, PHASE I, as shown on a map recorded in Map Book 41
at Page 18 of the Onslow County Registry, that all of the Property and Lots in said subdivision,
as hereinafter defined, are hereby made subject to the following Covenants, Conditions and
Restrictions as to the use thereof, running with the land by whomsoever owned.
ARTICLE I
DEFIMTIONS
l . "Association" shall mean and refer to Ashcroft At The Commons Property
Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
2. 'Board of Directors" or 'Board" means those persons elected or appointed
and acting collectively as the Board of Directors of the Association pursuant to its By-laws.
3. 'Building" shall mean and refer to any structure intended for human use
constructed or erected on a Lot.
4. 'By-laws" shall mean the by-laws of the Association as they now or may
hereafter exist.
5. "Common Area" shall mean and refer to all land within the ASHCROFT AT
THE COMMONS, PHASE I Subdivision which is conveyed to the Association by warranty deed
recorded in the Onslow County Registry and which deed specifically designates said area as
Common Area and incorporates the provisions of this Declaration as to the use of said property as
Common Area, along with any facilities and improvements erected or constructed thereon.
Common Area shall also refer to any of the Property designated as Common Area on any recorded
plat of the Subdivision. In addition, subdivision sign(s), landscaping and fencing located at the
entrance to ASHCROFT AT THE COMMONS, PHASE I Subdivision are declared to be Common
Area. Additional Common Area may be annexed or "phased" into the subdivision as hereinafter
provided. Common Area shall be used and maintained for the exclusive use and enjoyment of the
Members of the Association.
"Common expenses" shall mean and include.
(a) All sums lawfully assessed by the Association against its Members;

BOOK 1 7 0 0 PAOE y 4 r
(b) Expenses of administration, maintenance, repair or replacement of
the Common Areas and the Stonnwater Drainage System;
(c) Expenses declared to be common expenses by the provisions of this
Declaration or the By-laws;
(d) Liability for such other insurance premiums as the Declaration or
By-laws may require the Association to purchase;
(e) Expenses agreed by the Members to be Common Expenses of the
Association;
(0 Any ad valorem taxes and public assessments levied against the
Common Area.
7. "Common Profits" shall mean and refer to the balance of all income, rents,
profits and revenues of the Association remaining after the deduction of the common expenses or
reserve therefore. Common Profits shall not mean or include any sums lawfully assessed against
Members by the Association.
8. "Community -Wide Standard" shall mean the standard of conduct,
appearance, aesthetics, maintenance, or other activity generally prevailing throughout the
Subdivision. Such standard may be more specifically determined by the Board of Directors and
the Architectural Standards Committee.
9. "Declaration" shall refer to this Declaration of Covenants, Conditions, and
Restrictions for Ashcroft At The Commons, Phase 1, and any supplements or amendments thereto.
10. "Declarant" shall mean and refer to 1 ST WILMINGTON PROPERTIES, a
North Carolina general partnership, its successors and assigns to whom the rights of Declarant are
expressly transferred, or any legal entity acquiring title to any of the Property which has not been
subjected to the terms of this Declaration, with the intent of and for the purpose of further
development.
11. "Home" shall mean and refer to a detached, free-standing dwelling or place
of residence and any attached or detached garage constructed upon a Lot.
12. "Lot" shall mean and refer to any plot of land, other than the Common Area,
which is subject to this Declaration and is shown on a recorded Subdivision map.
13. "Member" shall mean and refer to every person who is a member of the
Association, as provided herein.
14. "Owner" shall mean and refer to one or more Persons who hold the record
title to any Unit, but excluding any party holding an interest merely as security for the
performance of an obligation. If a Unit is sold under a recorded contract of sale, then upon
recording of such contract, the purchaser (rather than the fee owner) will be considered the
Owner, if the contract specifically so provides.
15. 'Person" shall mean and refer to an individual, corporation, partnership,
association, trustee or other legal entity.
16. 'Property" shall mean and refer to that certain real property shown on that
plat recorded in Map Book 41 , page 18 , Onslow CountyRegistry, and any other
25145

huh 11 U tj FAUE ``3 4 U
real property which is made subject to this Declaration, as provided herein.
17. "Subdivision" means all of the Property which shall be known collectively
as Ashcroft at The Commons and all real property which may be made subject to this Declaration in
the future, as provided herein.
ARTICLE fI
ANNEXATION OF ADDITIONAL PROPERTIES
l . Annexation by Membership. Except as provided in Section 2 below,
annexation of additional property shall require the assent of two-thirds (2/3) of the Class A
Members and two-thirds (2/3) of the Class B Members, if any, at a special meeting of Members
duly called for this purpose, written notice of which meeting shall be sent to all Members not less
than thirty (30) days nor more than sixty (60) days in advance of the meeting.
2. Annexation by Declarant. If the Declarant, its successors or assigns, shall
develop all or any portion of any land contiguous to or within one mile from the Property which is
subject to the Declaration, such additional tract or tracts may be annexed to said Property without.
the assent of the Class A Members, by the execution and recording in the Onslow County Registry
of a Supplemental Declaration of Covenants, Conditions and Restrictions making said additional
tract or tracts subject to this Declaration, provided however, the development of the additional
tract(s) described in this section shall be in accordance with the same general scheme of
development as Ashcroft At The Commons, Phase I.
ARTICLE ID
PROPERTY RIGHTS
1. Owner's Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass
with the title to every assessed Lot, subject to each of the following provisions;
(a) The right of the Association to formulate, publish and enforce Rules
and Regulations as provided in Article VI herein.
(b) The right of the Association, in accordance with this Declaration and
its Articles and By-laws, 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, provided that the rights of such mortgagee in said properties shall be subordinate to the
rights of the Owners hereunder.
(c) The right of the Association to suspend the voting rights and rights
to use of the Common Area and facilities by a Member, or any person to whom he has delegated his
voting right, for any period during which any assessment against his Lot remains unpaid, or for a
period not to exceed sixty (60) days for an infraction of its published rules and regulations.
(d) Restrictions on the use of the Property as provided in Article VI
herein and provisions concerning easements as provided in Article VIE herein.
2. Delegation of Use. Subject to the provisions of the By-laws and the Rules
and Regulations of the Association, any Owner may delegate his right to the enjoyment of the
Common Area to the Members of his family, his guests, his tenants, or contract purchasers,
provided, every such delegee must reside in the home of the Owner.
25145

anon 17 0 U PACE 9 4 4
3. Title to Common Area. The Declarant hereby covenants for itself, its
successors and assigns, that it will convey fee simple title to any of the Property which is designated
as the Common Area, to the Association, free and clear of all liens and encumbrances, at the time of
or prior to, the conveyance of the last Lot in each respective section, except utility and stormwater
drainage easements and easements to governmental authorities, upon condition that such area as
shall be designated "Common Area" and shall be for the sole and exclusive use and benefit of
Members, so long as such area is maintained in conformity with the requirements of this
Declaration, the By-laws, and the Articles of Incorporation of the Association, at the sole expense
of the Association.
Similarly, the Declarant will convey to the Association, upon the same conditions
and for the same uses and purposes, any Common Areas which are parts of any additional phases of
the Property developed by it in the future.
4. Easements for Ingress and Egress. There is hereby reserved to all Owners
and other authorized users an easement over the streets and roadways for access for ingress and
egress to and from the Lots and the Common Areas, subject to the right of the Board to
promulgate reasonable Rules and Regulations for the use of said areas, as provided herein.
ARTICLE N
ASSOCIATION
I. Membership. Every Person who is record Owner of a fee or undivided fee
interest in any Lot, including contract sellers, but excluding persons who hold an interest merely as
security for the performance of any obligatiori, shall be a Member of the Association. There shall be
only one vote per Lot in the Association, except as otherwise provided in Section 2 of this
ARTICLE IV. Membership shall be appurtenant to and may not be separated from ownership of
any Lot. The Board may make reasonable rules regarding proof of ownership as a prerequisite to
voting by any Member.
2. Voting Rights.
(a) Class "A". Class A Members shall be all Owners with the exception
of the Declarant. When more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as the Owners of said Lot determine among
themselves, but in no event shall more than one (1) vote be cast with respect to any Lot, except as
otherwise provided in this Section 2.
(b) Class "B". Class B Member(s) shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The Class B Membership shall cease and be
converted to Class A Membership on the happening of either of the following events, whichever
occurs earlier:
1. when the Declarant owns twenty-five percent (25%) or less
of the residential Lots in the Subdivision, including any property which may be annexed to the
Subdivision, or
2. on January 1, 2010.
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ARTICLE V
COVENANT FOR ASSESSMENTS.
I. Creation of the Lien and Personal Obligation of Assessments. Every Owner
of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such
deed or other conveyance, and every other Owner of any Lot which is made subject to the terms and
conditions of this Declaration, is deemed to covenant and agree to pay to the Association the
following:
(a) Annual assessments or charges;
(b) Special assessments for capital improvements.
(c) Initial capital assessment.
Such assessments shall be fixed, established and collected from time to time as
hereinafter provided. The initial capital assessment, the annual assessments, and any special
assessments, together with such interest thereon, costs of collection thereof, and reasonable
attorney's fees, as may be established by the Association, shall be a charge on the land and shall be a
continuing lien upon the Lot and the improvements thereon, against which each such assessment is
made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the Person who was the Owner of the Lot at the time the
assessment became due. The personal obligations of an Owner for delinquent assessments shall not
pass to his successor in title unless expressly assumed by said successor to title and then only with
the consent of the Association. The liability for all assessments by the record Owners of each Lot
shall be joint and several.
2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively for promoting the health, safety and welfare of the Owners and the Subdivision;
enforcing this Declaration and the By-laws and Rules and Regulations of the Association;
providing the services and facilities for the purposes of or related to the maintenance, use and
enjoyment of the Common Area and facilities; for the purposes of payment of common expenses;
and the managing, repairing, maintaining and replacing the stormwater drainage system,
subdivision signs, and landscaping and fencing located at the entrance to the property.
Amount of Annual Assessment.
(a) Initial Annual Assessment. The initial annual assessment shall be
ONE HUNDRED AND 00/100 ($100.00) DOLLARS per Lot effective May 1 2001.
(b) Increase by Board. From and after the date specified in
subparagraph 3(a) above, the maximum annual assessment may be increased effective January I of
each year by the Board of Directors, without a vote of the Membership of the Association, by a
percentage which may not exceed twenty (20%) percent of the amount of the Assessment for the
previous year.
(c) Increase by Members. From and after the date specified in
subparagraph 3(a) above, the annual assessment may be increased by an affirmative vote of a
majority of the Members who are in person or by proxy, at a special meeting of the Members duly
called for such purpose, written notice of which meeting setting forth the purpose of the meeting,
shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance
of the meeting.
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(d) Criteria for Establishing Annual Assessment. In proposing and
adopting the annual assessment.for any assessment year, the Board shall consider all current costs
and expenses of the Association, any accrued debts, and reserves for future needs.
(e) Lots Owned by Declarant. Declarant shall be exempt from the
payment of the annual assessment for any unsold Lots for a period of two years after the date such
Lots are platted of record in the Office of the Register of Deeds of Onslow County as Lots in the
Subdivision. Upon the expiration of two years from the date of recordation of said plat or plats, the
obligations of the Declarant to pay the pro rata share of the annual assessment of the year remaining
shall become effective, and accrual of the obligation to pay assessments to the Association shall not
begin until that date.
4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of
construction or reconstruction, unexpected repairs, or replacement of a capital improvement upon
the Common Area, including the necessary fixtures and personal property related thereto, provided
that any such assessment shall have the assent of a majority of the votes of the Members who are
voting in person or by proxy at a meeting duly called for this purpose, written notice of which,
setting forth the purpose of the meeting, shall be sent to all Members not less than thirty (30) days
nor more than sixty (60) days in advance of the meeting.
5. Uniform Rate of Assessment. Both annual and special assessments must be
fixed at a uniform rate for all Lots, on a per Lot basis, and may be collected on a monthly, quarterly
or annual basis as determined by the Board of Directors.
6. Commencement and Due Dates of Annual Assessment. The annual
assessments provided for herein shall be paid in monthly, quarterly or annual installments and,
except as otherwise provided herein, the payment of such annual assessments shall commence as to
each Lot on May 1 , 2001. The Board of Directors shall fix the amount of the annual
assessment against each Lot at least two (2) months in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto thirty (30) days
in advance of each annual assessment period. The due dates shall be established by the Board of
Directors. The Association, upon demand at any time, shall furnish a certificate in writing signed
by an officer of the Association setting forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
7. Initial Capital Assessment. Each initial Owner of a Lot agrees to pay an
Initial Capital Assessment in the amount of One Hundred and no/100 Dollars ($100.00), for the
purpose of establishing the capital improvements fund of the Association. Said amount will be
collected at closing of the sale of each Lot by the Declarant and shall be paid to the Association, to
be maintained in a separate interest -bearing account.
8. Effect of Nonpayment of Assessments. Remedies of the Association. Any
assessments or portion thereof which are not paid when due shall be delinquent. If the assessment
or any portion thereof is not paid within thirty (30) days after the due date, the same shall bear
interest from the date of delinquency at the rate of twelve percent (12%) per annum and in addition.
a late fee shall be assessed in such amount as maybe determined by the Board of Directors, with
the initial late fee being $5.00. The Association may bring an action against the Owner personally
obligated to pay the same, or foreclose the lien against the Lot in the same manner as provided in
North Carolina for the foreclosure of deeds of trust, and, in either event, interest, costs and
reasonable attomey's fees of any such action shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-use
of the Common Area or abandonment of his Lot.
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0
The lien of
the assessments provided for herein on any Lot shall be subordinate to the lien of any first mortgage
and ad valorem taxes on each Lot. The sale or transfer of any Lot shall not affect the assessment
lien; however, the sale or transfer of any Lot pursuant to such mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability
for any assessments thereafter becoming due or from the lien thereof.
10. Exempt Property. The following property shall be exempt from payment
of Assessments:
(a) all Common Area;
(b) any Property dedicated to and accepted by any governmental
authority or public utility;
(c) any Property held by a conservation trust or similar nonprofit entity
as a qualified conservation easement, except to the extent that any such easement lies within the
boundaries of a Lot which is subject to assessment under this Article, in which case the Lot,
whether or not wholly or partly subject to said easement, shall not be exempted from assessment;
ARTICLE VI
USE RESTRICTIONS
1. Rules and Regulations. The Board shall have the power to formulate,
amend, publish and enforce reasonable rules and regulations (herein, "Rules and Regulations")
concerning the use and enjoyment of any streets, Common Area and the Utility Easements,
including the stormwater drainage system. The Association shall be responsible for all permit
responsibility and compliance with all applicable laws, ordinances, rules and regulations regarding
the stormwater drainage system.
2. Residential Purposes. All Lots in said Subdivision shall be used for
residential purposes only and only single family residences shall be constructed thereon.
3. Minimum Size of Residence. No residence smaller than 900 square feet of
heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be
constructed or located on any Lot,provided that in cases where the area is not more than ten percent
(10%) below the minimum above set out, Declarant, or its designated agents, may, at their option,
approve the construction of the dwelling if it is in conformity with the general development of the
Subdivision. In computing the number of square feet allowed as provided herein, no square
footage in any part of the dwelling that is constructed over a garage will be counted, unless it is on
the same utility hookup as the main dwelling and is a finished part of the constructed living space.
4. Construction Material. No concrete block, concrete brick, asbestos siding,
aluminum siding, cinder block, tar paper, nor stucco composition shall be used for the exterior of
any residence constructed on any building Lot , it being intended that only conventional frame,
wood, masonite-type hardboard, vinyl, brick or clay brick exteriors be utilized in Buildings to be
constructed on the Lots.
5. Setback Lines. Since the establishment of standard inflexible building
setback lines for location of houses on Lots tends to force construction of houses directly to the side
of other homes with detrimental effects on privacy, view, preservation of important trees and other
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vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. hi order to assure, however, that the foregoing considerations are given maximum
effect, Declarant reserves the right to control and approve absolutely the site and location of any
Home or Building or other structure upon any Lot before construction begins. In any event, no
Home or Building shall be erected closer to the front Lot line than 25 feet, nearer to any side line
than 7 feet, and nearer to anv rear lot line than 15 feet, or the minimum distances established by
applicable Onslow County or the City of Jacksonville, North Carolina zoning ordinances,
whichever shall be greater, unless a variance is received in writing prior to construction. On comer
Lots, the side having the least frontage shall be considered the front Lot line of said Lot, and no
Home or Building shall be erected closer to the front Lot line than 25 feet, nearer to any side line
than 7 feet, and nearer to any rear lot line than 7 feet, and nearer to any side street than 15 feet, or
the minimum distances established by applicable Onslow County or the City of Jacksonville, North
Carolina zoning ordinances, whichever shall be greater, unless a variance is received in writing
prior to construction. No vegetable garden shall be permitted nearer the front Lot line than five (5)
feet behind the rear corner of the Home.
6. Roofs. The main roof structure on any residence must have a minimum
pitch of 5712' unless written permission to vary therefrom is first obtained from the Declarant. All
shingles shall be earth tones, such as browns, grays and blacks, and shall be a minimum of 25 year
architectural shingles or comparable quality.
7. Accessory Buildings and Structures. Construction plans and site location for
any storage building, accessory building, or any other exterior structure to be constructed or placed
upon a Lot must be approved by Declarant in writing prior to construction and must conform in
material, design, paint color, building style and other matters to the residence.
8. Mobile Homes or Vehicles. No house trailer, mobile home, travel trailer or
other recreational vehicle, tent, shack or temporary structure of any nature shall be located on any
Lot or used at any time as a residence, temporarily or permanently, nor may any modular and
prefabricated homes and previously constructed houses be erected or placed on any Lot, without the
express written consent of the Declarant.
9. Fence. No fence shall be erected or hedge grown on any Lot unless written
approval thereof has first been obtained from Declarant. No fence and no hedge shall be permitted
nearer the front Lot line than the rear comers of the house constructed on said Lot unless approved
by Declarant. On Lots having buffer fences installed by the Declarant, the Owner shall be
responsible to inspect and maintain the fence in its original condition unless the responsibility of
maintenance of the fence is given to another entity in writing by the Declarant. All fences shall be
constructed of wood or similar materials, with the finished side on the outside. A fenced area of at
least 20' x 20' attached to the rear of the Home shall be required within which shall be kept lawn
mowers, bicycles, toys, grills and items commonly stored outside.
10. Tanks. No fuel tanks or similar storage receptacles may be exposed to view.
Any such receptacles may be installed only within the main dwelling house, within an accessory
building, within a screened area, or buried underground, except that one natural gas or propane tank
of a maximum of 60 gallons may be installed above ground. Each Lot Owner shall provide
containers or receptacles for garbage and trash, and all garbage cans, trash cans, carts and bags must
be kept in a screened area, accessory building or other storage facility, and not visible from the
street, except on garbage pick-up days.
11. Water. Except as otherwise provided in this Section 11, all water to be used
in said Subdivision for any purpose whatsoever shall be provided by the City of Jacksonville, North
Carolina An area on each Lot within an eight (8) foot radius from each water meter shall be subject
to an easement for maintenance and reoair of such meter. Owners may, however, with the
Declarant's consent, drill shallow wells for irrigation purposes and for non -domestic use provided
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000K E 10 0 Phft j 4'J
said wells and pumps are located so as not to be visible from the streets, are properly enclosed and
landscaped, and comply with any applicable laws, ordinances and regulations.
12. Waste Water Disposal. Waste water disposal shall be through the public
waste water disposal system of the City of Jacksonville, North Carolina, or other suitable public
waste water disposal system, and each Home shall be required to be connected to and to utilize said
system for waste water disposal.
13. Sales Prohibited. No yard sales or garage sales shall be permitted upon any
Lot. No clothes line shall be permitted except portable clothes tree stands which shall not be visible
from any adjoining street.
14. Nuisance. No noxious or offensive activity or situation shall be carved on
or maintained on any Lot or part of any Lot, nor shall any use be made of any Lot or Home thereon
which may be or may become an annoyance or nuisance to the neighborhood. Common household
pets are allowed, subject to all applicable City of Jacksonville, North Carolina and/or Onslow
County ordinances and leash laws. No domesticated farm animals or fowls shall be kept on any
Lot.
15. Interference with Use of Lot. There shall not be maintained any plants or
animals, nor device or thing of any sort whose normal activities or existence are in any way
noxious, dangerous, unsightly, unpleasant or of like nature as may diminish, prevent or destroy the
enjoyment of the Subdivision by any other Owner.
16. Cleanliness. It shall be the responsibility of each Owner to prevent the
development or the continuation of any unclean, unsightly, or unkempt condition on any Lot
which would tend to decrease the beauty of the Subdivision. Garbage and trash shall be disposed
by Owner in accordance with the rules and regulations of the Association.
17. Exterior Lights. All lights installed in any fixture located outside of any
Home or Building shall be clear, white or non -frost light or bulbs. A variance from this
requirement maybe authorized pursuant to the provisions of this Declaration during specific
holiday seasons.
18. Subdivision of Lot. No Lot shall be subdivided, or its boundary line
changed without the written consent of the Declarant. However, the Declarant hereby expressly
reserves to itself the right to replat any Lot or Lots or change the alignment or placement of any
road as maybe necessary to carry out the scheme of development of the Subdivision, in Declarant's
sole discretion, including the right to extend streets and roadways for the purpose of providing
access to adjacent properties and to take such other steps as are reasonably necessary to make such
replatted Lot or Lots suitable and fit as a building site.
permitted. 19. Huntinfl. No hunting or discharge of firearms within the subdivision is
20. Street Lighting. The Declarant reserves the right to subject the Subdivision
to a contract with Carolina Power and Light Company, or its successors and assigns, for the
installation of underground electric cables and/or the installation of street lighting, either or both of
which may require an initial payment and/or a continuing monthly payment by each Owner for the
provision of said services.
21. Construction. 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. Upon Owner's failure to collect and dispose of
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EGGK 1 l 0 0 PAGE 9 5 0
such trash within fifteen (15) days after receipt of a written notice from Declarant, Declarant may
collect and dispose of such rubbish and trash at the Owner's expense.
22, Mailbox. Each Lot in the Subdivision shall have only one (1) mailbox and
one (1) paper box to be mounted on a single post, and all such boxes shall be as approved by
Declarant. Such mailboxes or paper boxes may be provided by the Declarant or the builder. Any
boxes provided by the builder shall be considered an improvement and must remain with the Lot.
Owners shall maintain all such boxes so as to be neat and attractive in appearance.
23. Antennas. No outside radio or television antennas or receivers of any type
shall be erected on any Lot or dwelling unit within the Subdivision, unless and until written
permission for the same has been obtained from the Declarant. Declarant retains the right if it
approves the erection of any antenna to specify the color, size and location of the antenna.
24. Future Development. Declarant is not liable and makes no representation as
to the development of any other phase or section except the phase or section covered by the
Declarations. Declarant may make changes in future sections of the Subdivision not subject to the
Declarations, including, but not limited to, changes in design, type of structures, restrictions or
character of section. All maps, brochures and plans are purely for planning and illustration
purposes and are not to be relied upon as any promise or covenant of whatsoever kind or nature.
25. Driveway. Each Lot must have a paved driveway at a location approved by
Declarant. Off-street parking for not less than two passenger automobiles must be provided on
each Lot prior to the occupancy of any residence constructed on said Lot, which parking areas and
the driveways thereto shall be constructed of concrete, asphalt, brick or landscape paving blocks.
All homes constructed in the subdivision shall have a garage containing a minimum space for two
(2) vehicles, unless this requirement is waived in writing by the Declarant.
.26. Vehicles. No inoperable vehicle or vehicle without current registration and
insurance, and no large vehicles or tractor -trailers will be permitted on any Lot or in the
Subdivision. The Declarant shall have the right to have all such vehicles towed at the vehicle
Owner's expense. No bus, van, school bus, or vehicle larger than 3/4 ton shall be parked, stored or
kept in the Subdivision. Boats shall be kept inside a storage building or in the back yard not visible
from the street or unsightly to the adjacent Lots.
27. ajMt . No signs (including "For Rent", "For Sale", and other similar signs)
or property identification signs shall be erected or maintained on any Lot except with the express
written permission of the Declarant, its successor or assigns, except as may be required by legal
proceedings; provided, however, that the Declarant or its agents may place "For Sale" or "For Rent"
signs on any Lots for sale and in suitable places on the Common Area approved by the Association;
provided, however, that during the development of the Property and the initial marketing of Lots,
the Declarant may maintain a sales office and may erect and display such signs as the Declarant
deems appropriate as aids to such development and marketing, provided that such signs do not
violate any applicable laws. Such permitted signs shall be placed in the approximate center of a lot
and six feet from the road curb. No sign shall be nailed to trees.
28. Alterations. No person shall undertake, cause or allow any alteration of
construction in or upon any portion of the Common Area except at the direction or with the express
written consent of the Association.
29. Stormwater Run -Off Rules. All Lots are subject to the rules and
regulations of the State of North Carolina concerning stormwater run-off as these rules and
regulations are adopted and amended from time to time. These regulations currently provide that
each Lot will be restricted to a maximum of 2,400 square feet of built -upon area within the Lot
property boundaries and that portion of the right of way between the front Lot line and the edge
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of the pavement of the adjoining street. Built -upon area includes , but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking or the water surface of swimming pools. No drainage swales
or drainage patterns used to treat stormwater run-off as required by the State of North Carolina
may be filled in, piped or changed, nor may the provisions of this Section 30 be changed or
deleted without the consent of the Declarant, its designee, and the State of North Carolina, and
such areas must be maintained as set forth herein. The State of North Carolina is hereby made a
beneficiary of this Declaration to the extent necessary to enforce its stonnwater run-off
regulations, as the same may be adopted or amended from time to time. Alteration of the
drainage as shown on the approved drainage plan may not take place without the concurrence of
the State. Any Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations. All runoff from any Lot
must drain into the permitted system. This may be accomplished through providing roof drain
gutters which drain to the street, grading the Lot to drain towards the street, or grading perimeter
swales and directing them into the Stormwater Detention Pond or the street. Any Lot which
naturally drains into the pennitted system is not subject to these provisions.
ARTICLE VII
ARCHITECTURAL CONTROL
1. General.
(a) Review of Plans. No structure shall be built, placed, erected, or
installed upon any Lot, and no improvements (including staking, clearing, excavation, grading
and other site work, exterior alteration of existing improvements, and planting or removal of
landscaping materials) shall take place except in compliance with this Article and the Design
Guidelines and upon approval of the Committee as provided herein.
(b) Interior Alterations. Any Owner may remodel, paint or redecorate
the interior of a Home or Building onother structure on a Lot without approval. No approval
shall be required to repaint the exterior of a Home, Building or other structure in accordance with
the originally approved color scheme or to repair or rebuild said Home, Building, or structure in
accordance with the originally approved plans and specifications.
(c) Activities of Declarant. This Article shall not apply to the
activities of the Declarant, nor to improvements to the Common Area by or on behalf of the
Association.
(d) Amendment to Article. This Article may not be amended without
the Declarant's written consent so long as the Declarant owns any land subject to this Declaration
or subject to annexation to this Declaration.
2. Architectural Review Approval.
(a) Architectural Standards Committee. The Architectural Standards
Committee (herein, "Committee") as described herein, shall have responsibility for
administration of the Design Standards, as defined herein, and for review of all applications for
construction and modifications, as provided herein.
(b) Organization of Committee. The Committee shall consist of at
least three, but not more than five, persons and shall have exclusive jurisdiction over all
construction on any portion of the Property. Until 100% of the Property has been developed and
all Lots conveyed to Owners other than Builders, the Declarant retains the right to appoint all
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members of the Committee who shall serve at the Declaranl's discretion. Upon the expiration of
such right, the Board shall appoint the members of the Committee, who shall serve and may be
removed in the Board's discretion. The members of the Committee need not be Members of the
Association and may, but need not, include architects, engineers or similar professionals, whose
compensation, if any, shall be established from time to time by the Board.
3. Standards and Procedures.
(a) Design Standards. The Declarant shall prepare the initial Design
Standards and application and review procedures (the "Design Standards") which shall apply to
all construction activities within the Properties. The Design Standards may contain general
provisions applicable to all of the Properties, as well as specific provisions which vary from one
portion of the Properties to another depending upon the location, unique characteristics, and
intended use.
(b) Applicability of Standards. The Committee shall adopt such
Design Standards at its initial organizational meeting and thereafter shall have sole and full
authority to amend them subject to the approval of the Board. Any amendments to the Design
Standards shall apply to construction and modifications commenced after the date of such
amendment only and shall not apply to require modifications to or removal of structures
previously approved once the approved construction or modification has commenced.
(c) Publication of Standards. The Committee shall make the Design
Standards available to Owners and Builders who seek to engage in development or construction
within the Subdivision and all such Persons shall conduct their activities in accordance with such
Design Standards.
4. Submission of Plans and Specifications.
(a) Submission of Plans. No construction or improvements shall be
commenced, erected, placed or maintained on any Lot, nor shall any exterior addition, change or
alteration be made thereto, until the plans and specifications ("Plans") showing site layout,
structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage,
lighting, irrigation, utility facilities layout and screening shall have been submitted to and
approved in writing by the Committee. The Design Standards shall set forth the procedure for
submission of the Plans. A reasonable fee for the review of said plans as established by the
Committee shall be required and submitted, along with said Plans and any other supporting
documents required by Committee.
(b) Review of Plans. In reviewing each submission, the Committee
may consider, among other things, visual aesthetics, natural platforms and finish grade
elevations, harmony of external design with surrounding structures and environment, and
location in the relation to surrounding structures and plant life. The Committee may require
relocation of native plants within the construction site as a condition of approval of any
submission. Location of any driveways shall be subject to the approval of the Committee.
(c) Decision on Review. The Committee shall, within30 days after
receipt of each submission of the Plans, advise the party submitting the same in writing, at an
address specified by such party at the time of submission, of (i) the approval of Plans, or (ii) the
segments or features of the Plans which are deemed by the Committee to be inconsistent or not in
conformity with this Declaration and/or the Design Guidelines, the reasons for such finding, and
suggestions for the curing of such objections. In the event the Committee fails to advise the
submitting party by written notice within the time set forth above of either the approval or
disapproval of the Plans, approval shall be deemed to have been given. Notice shall be deemed
to have been given at the time the envelope containing such notice, properly addressed, and
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postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return
receipt requested. Personal delivery of such written notice shall, however, be sufficient and shall
be deemed to have given at the time of delivery.
5. No Waiver of Future Approvals. Each Owner acknowledges that the
members of the Committee will change from time to time and that interpretation, application and
enforcement of the Design Guidelines may vary accordingly. Approval of proposals, plans and
specifications, or drawings for any work done or proposed, or in connection with any other
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold
approval as to any similar proposals, plans and specifications, drawings, or other matters
subsequently or additionally submitted for approval.
6. Variance. The Committee may authorize variances from compliance with
any of its guidelines and procedures when circumstances such as topography, natural
obstructions, hardship, or aesthetic or environmental considerations require, but only in
accordance with duly adopted rules and regulations. Such variances may only be granted,
however, when unique circumstances dictate and no variance shall (a) be effective unless in
writing; (b) be contrary to this Declaration; or (c) estop the Committee from denying a variance
in other circumstances.
7. Limitation of Liability. Review and approval of any application pursuant
to this Article is made on the basis of aesthetic considerations only and the Committee shall not
bear any responsibility for ensuring the structural integrity or soundness of any approved
construction or modifications, nor for ensuring compliance with building codes and other
governmental requirements. Neither the Declarant, the Association, the Board, nor the
Committee, shall be held liable for any injury, damages, or loss arising out of the review and
approval of any application, including, but not limited to the manner or quality of construction,
defects in any plans or specifications, or deficiencies in kind or quality of materials used.
Enforcement.
(a) Nonconforming. Any structure or improvement placed or made in
violation of this Article shall be deemed to be nonconforming. Upon written request from the
Board or the Declarant, Owners shall, at their own cost and expense, remove such structure or
improvement and restore the land to substantially the same condition as existed prior to the
nonconforming work. Should an Owner fail to remove and restore as required, the Board, the
Declarant, or its designees shall have the right to enter the Lot, remove the violation, and restore
the property to substantially the same condition as previously existed. All costs, together with
the interest at the maximum rate then allowed by law, may be assessed against the Lot owner and
the Lot and collected as an assessment as provided herein.
(b) Exclusion from Property. Any contractor, subcontractor, agent,
employee, or other invitee of an Owner who fails to comply with the terns and provisions of this
Article and the Design Guidelines may be excluded by the Board from the Properties. In such
event, neither the Association, its officers, or directors shall be held liable to any Person for
exercising the rights granted by this paragraph.
(c) All other Remedies Applicable. In addition to the foregoing, the
Association shall have the authority and standing to pursue all legal and equitable remedies
available to enforce the provisions of this Article and the decisions of the Committee.
9. Construction Deadline. If construction does not corrunence on a project for
which Plans have been approved within 6 months of such approval, such approval shall be deemed
withdrawn, and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
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10. Lot Clearing. No Lot may be clear cut or substantially cleared without the
written consent of the Declarant. In no event may any tree with a diameter in excess of eight (8)
inches measured at the base of the trunk at ground level be cut without the written consent of the
Declarant. Each Owner by acceptance of his deed of conveyance and the considerations contained
therein, agrees to pay as as damages to the Declarant the sum of $200.00 for each tree cut in
violation of this provision.
ARTICLE VIE
EASEMENTS
1. General Utility Easement. All of the Property, including Lots and Common
Area, shall be subject to a perpetual non-exclusive easement or easements in favor of all Owners for
their use and the use of their immediate families, guests, invitees, tenants or lessees, for all proper
and normal purposes and for ingress and egress and regress in and to such easements for water
lines, sewer and waste water disposal facilities, storm drainage facilities, gas lines, telephone and
electric power lines, television antenna lines, and other public utilities as shall be established by the
Declarant or its predecessors in title prior to subjecting the Property to this Declaration. The
Association shall have the power and authority to grant and to establish in, over, upon and across
the streets and Common Area such further easements as are requisite for the convenient use and
enjoyment of the Property.
2. Easement For Emergencies. Every Lot, Home and Building shall be subject
to an easement for entry by the Association or Declarant for the purpose of correcting, repairing or
alleviating any emergency condition which arises in or upon any Common Area, any Lot, any
Home or Building on any Lot, or which endangers any Home, Building or portion of the Common
Area. Except in an emergency situation, entry shall only be during reasonable hours and after
notice to the Owner.
3. Utility Easements. Utility Easements for installation, repair, maintenance,
replacement and removal of utilities, including water meters, water mains and lines, sewer and
waste water disposal facilities, stormwater drainage facilities, and other utilities are reserved over
an area within a minimum of 10 feet from the rear, front and side Lot lines of each Lot, and also are
reserved as may be shown and designated on any recorded plat of the Subdivision.
4. Utility Management. An easement is hereby established over all Lots,
streets and Common Area for the benefit of any applicable private company or public governmental
agency for the management, inspection and reading of water meters, water mains and lines, sewer
and waste water disposal facilities, stormwater drainage facilities, and other utilities, and for the
provision of all public services, including fire fighting, law enforcement, garbage collection and
delivery of mail.
5. Easement For Future Development. An exclusive easement is hereby
established in favor of Declarant over all streets and Common Area for access to adjacent properties
for the purposes of future development and the installation of streets and public utilities.
6. Responsibility For Maintenance of Areas Subject to Utility Easements.
Neither the Association nor the Declarant shall have responsibility for maintaining the portion of
any Lots subject to a Utility Easement. Maintenance of that portion of any Lot subject to said
Utility Easement shall be the responsibility of the Owner of the Lot on which said easement is
located, its heirs, successors and assigns. No stnicttire, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of water,
25145 14

BOON I l 0 0 PAGE y b 5
waste water disposal, or drainage facilities, or which may change the direction of flow of drainage
in the easements. The easement area of each Lot and all improvements therein shall be maintained
contimiously by the Owner of the Lot, except for those improvements for which a public authority
or utility company is responsible.
7. Maintenance of Easements. Utility Easements shall be maintained by the
Owner of the Lot subject to said easement as follows.
inches. (a). Grass shall be kept mowed to a height of no more than four (4)
(b) Repair and reseeding of the easement area, and cleaning of any catch
basins located within each easement shall be conducted as necessary.
(c) Inspection may be conducted by the Association at least every six (6)
months to determine compliance with these standards.
8. Easements for Cross -Drainage. Every Lot and the Common Area shall be
burdened with easements for natural drainage of storm water runoff from other portions of the
Property; provided, no Person shall alter the natural drainage on any Lot so as to materially
increase the drainage of storm water onto adjacent portions of the Property without the consent of
the Owner of the affected Property.
ARTICLE IX
LOT MAINTENANCE
1. Lot Maintenance by Owner. If 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 the Lot or any
improvements constructed thereon in a state of repair so as not to be unsanitary, unhealthy, unsafe
or unsightly, or shall fail to maintain the Utility Easements in accordance with the requirements set
out in Article VIII, herein, or shall allow. any condition constituting a nuisance on any Lot or any
improvement constructed thereon, or shall otherwise fail to comply with this Declaration, the By-
laws or the Rules and Regulations, all in the sole opinion of the Association or the Declarant, the
Association in its discretion, by the affirmative vote of a majority of the Members of the Board of
Directors, or the Declarant in its discretion, and following ten (10) days written notice to the Owner,
may enter upon and make or cause to be made repairs to such improvements and perform any
maintenance on the Lot, such as the removal of trash or debris, cutting of grass, pruning of
shrubbery, weeding, and items of drainage and erosion control, for the purpose of correcting the
identified deficiency. The Association and the Declarant shall have an easement in all Lots for the
purpose of accomplishing the foregoing. The reasonable cost incurred in rendering all such
services, p)us a service charge of fifteen percent (15%) of such cost, shall be added to and become a
pail of the assessment to which such Lot is subject.
ARTICLE X
COMPLIANCE AND ENFORCEMENT
1. Enforcement. The Association, the Declarant, any Owner, any aggrieved
Owner within the Subdivision on behalf of the Association, or any Owner on behalf of all the
Owners within the Subdivision, shall have the right to enforce by any proceeding at law or in
equity, all of the conditions, covenants and restrictions of this Declaration and the Articles, Bylaws
and Rules and Regulations. The prevailing party shall be entitled to collect all costs thereof,
including reasonable costs and attomey's fees.
25145 15

BOOK 110 0 PAGE J 5 b
2. Cost Assessment. The Association shall have the right to remedy any
violation of this Declaration and assess the costs of remedying same against the responsible Owner.
3. Suspension. For any violation by an Owner, including, but not limited to,
the nonpayment of any initial capital, general or special assessment, the Association shall have the
right to suspend the responsible Owner's voting rights and the use by such Owner, his agents,
employees, licensees and invitees of the Common Areas in the Subdivision for any period during
which a violation continues, except that such penalties may not be for more than sixty (60) days for
each violation of any of the Association's rules and regulations.
4. Remedies. The remedies provided by this Article are cumulative, and are in
addition to any other remedies provided by law.
5. No Waiver. The failure of the Association, the Declarant or any person or
Owner to enforce any restriction contained in these Declaration, the Articles, the Bylaws or the
Rules and Regulations shall not be deemed a waiver of the right to do so thereafter.
ARTICLE XI
l . Severabilitv. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions, which shall remain in full force
and effect.
2. Amendment. Except as otherwise provided herein, this Declaration may be
amended by vote of the Owners of two-thirds (2/3) of the Lots subject to the Declaration, including
any Lots within any additional property added to this Subdivision and made a part thereof in the
future; provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as herein provided, or affect any lien for the.payment thereof
established herein. In no event may the Declaration be amended so as to deprive the Declarant of
any rights granted herein or reserved unto Declarant. All such amendments shall be certified as an
official act of the Association by the Secretary thereof and shall be recorded in the Onslow County
Registry. All amendments shall become effective upon said recordation.
3. Duration. All covenants, conditions and restrictions contained in this
Declaration or in any amendments or supplements to said Declaration shall run with the land and
shall be binding on all parties owning Lots in said Subdivision for a period of twenty (20) years
from the date hereof at which time these covenants shall be automatically extended for successive
periods of ten (10) years each unless by vote of the then Owners of a majority of said Lots not under
legal disability, the Declaration is revoked or not extended.
4. Conflict. In the event of any irreconcilable conflict between the Declaration
and the By-laws of the Association, the provisions of the Declaration shall control. In the event of
any irreconcilable conflict between the Declaration or the By-laws of the Association and the
Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall
control.
5. Delegation of Rights. The Declarant may from time to time delegate any or
all of its rights, powers, discretion and duties hereunder to such agent or agents as it may nominate.
It may also permanently assign any or all of its powers and duties (including discretionary powers
and duties) obligations, rights, title, easements and estates reserved to it by this Declaration, to any
one or more corporations, associations, or persons that will accept the same. Any such agreement
shall be in writing recorded among the land records of Onslow County, and the assignee shall join
therein for the purpose of evidencing its acceptance of the same, and such assignee shall thereupon
25145 16

BOOK 17 0 0 PAGE y b l
have the same rights, title, powers, obligations, discretion and duties as are herein reserved to the
Declarant, and the Declarant shall thereupon be released therefrom.
IN TESTIMONY WHEREOF, 1ST WILMINGTON PROPERTIES, the Declarant,
has caused JthAis instrument to be signed in its name by its General Partner, this / 14,' day of
2001.
1ST WILMINGTON PROPERTIES
By (SEAL)
General t
25145 17

868N 13 0 0 PACE 9 5 8
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
1„ "o Pe-�O,1 a Notary Public in and for the State
and County aforesaid, do certify that 45gAr_q o. !F , geheral partners of I" WILMINGTON
PROPERTIES, a North Carolina general partnership, personally appeared before me this day and,
on behalf and as the act of said partnership, acknowledged the due execution of the foregoing
instrument
WITNESS my hand and official seal this /day offKAA&A--,)_ 2001.
My Commission Expires:
/o- 4- aoo/
NORTH CAROLINA
COUNTY OF ONSLOW
foregoing certificate of
County,
is
dayof/ "X001.
I -IV
Public of
25145
18

BOOK ! 7 I) U PAUL y 5 y
CONSENT OF MORTGAGEE
Wachovia Bank, N. A., a National Banking Association, is the holder of that certain
Deed of Trust on the property as described in the foregoing Declaration of Covenants, Conditions
and Restrictions for Ashcroft At The Commons, Phase 1, said Deed of Trust having been recorded
in Book 1590, at Page 724 in the Office of the Register of Deeds of Onslow County, North Carolina
and as holder of said Deed of Trust does hereby consent to the terms, conditions and covenants in
the foregoing Declaration and agrees that the lien of said Deed of Trust is subject to the terms,
conditions and covenants contained in said Declaration.
Wachovia Bank, N. A. has requested New Salem, Inc., the Trustee named in said
deed of trust, to consent to the terms, conditions and covenants in the foregoing Declaration, and
said Trustee has agreed to execute this Consent of Mortgagee to evidence said consent.
In witness whereof, Wachovia Bank, N. A. and New Salem, Inc., Trustee, have each
caused this Consent of Mortgagee to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, this the (off day of
C-i d,Q L/ c , 2001.
WACHOVIA BANK, N. A.
�• 1� I � � .li.�y/I/l
NEW SALEM, INC.
t
7937

BOOK 1700 PAGE 9 6 0
t.
STATE OF NOR*H-CAROHNA
C'he5C1p {�cclC�
COUNTY OF NEWitANOVER
2001 APT 20 P11 12: 28
i
1, `� 11� .J �Y ✓C� C C+ ,Notary Public, certify that
_f 11 Q ��o a ppedrsonally came before�jthis day altd acknowledged
that he/she is the i(y^ j�( Si P� 11 of (i lrtrhvVl G /JLe� 1 �, fN Gl a
corporation, and that he/she as o 'C� being authorized to do so, executed the
for
on behalf of the corporation.
Witness my hand and official seal this the day of Lry 6evC.11
tary Publ' _`—`
My Commission Expires:
STATE OF bRAM CA KRBbENA
COUNTYOF N ,
CD
I Notary Public, certify that
/—�)X ., J. ! , e rsonally came bore me this day and acknowleda
that he/she is the h - 3 B, of 46 1 tJ a t ' , a
corporation, and that he/she as , LG a , being authorized to do so, executed the
foregoing on behalf of the corporation.
Y /`C y Lj
Witness m hand and official seal this the da of -�C (f l-[;lr_. ,
0—e, U
ryPublic
My Commission Expires: .511l '
NORTH CAROLINA, Ogsiov COUNTY DEBRA WILLIAMSON PETERSON & KELLI J. R. CRAIG
The foregoing certificatele) of
Notary(ies) Public is (ere) certified to be correct. This instrument was presented for registration and recorded in this office in
Book 1700 Page 941 This 20TH day of APRIL
D., at 12.28 O'clock P • M.
Aryan of D„d, 0.b. Lary aegu,<r of D«d