SW8100901_OTHER_20191106 (2)

SOSID: 1260083
y ..
Date Filed: 5/17/2612 10:05:00 AM
• Elaine F. Marshall
North Carolina Secretary of State
LES OF INCORPORATION C201212400023
ARTIC
OF
PARROT LANDING HOMEOWNERS ASSOCIATION, INC
A Nonprofit Corporation
The undersigned, being of the age of eighteen (18) years or
more, does hereby make and acknowledged these Articles of
Incorporation for the purpose of forming a nonprofit corporation
under and by the virtue of the laws of the State of North
Carolina, and all pursuant to and in accordance and compliance
with the requirements of Chapter 55A of the General Statutes of
North Carolina. The undersigned does hereby certify:
1. The name of the corporation is PARROT LANDING
HOMEOWNERS ASSOCIATION, INC. (hereinafter the "Association").
2. The period of duration of the Association shall be
perpetual.
3. The purposes for which the Association is organized
are to provide for the administration, maintenance, and
preservation of the lots in common areas within that certain
tract located in Onslow County, North Carolina and being more
particularly described on Exhibit "A" attached hereto and
incorporated herein by reference, and to promote the health,
safety, and welfare of the residents of the above -described
property and any additions thereto as may hereafter be brought
within the jurisdiction of this Association in accordance with
the Declaration, and for this purpose to:
(a) exercise all of the powers and privileges and to
perform all of the duties and obligations of the Association as
set forth in that certain Master Declaration of Covenants,
Restrictions and Easements for Parrot Landing Subdivision
(hereinafter referred to as the "Declaration") applicable to the
property and recorded in the Office of the Register of Deeds of
Onslow County, North Carolina, and as the same may be amended
from time to time as therein provided, said Declaration being
Incorporated herein by reference;
(b) fix, levy, collect, and enforce payment by any
lawful means, all charges or assessments pursuant to the terms
of the Declaration; to pay all expenses in connection therewith
and all office and other expenses incident to the conduct of the
business of the Association, including all licenses, taxes, or .
governmental charges levied or imposed against t pt%)R� CF
the Association;
hr,v 0 6 2019

(c) acquire (by gift, purchase or otherwise), own,
hold, improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise dispose of
real or personal property in connection with the affairs of the
Association;
(d).Borrow money, and with the assent of two-thirds
(2/3) of the members, mortgage, pledge, deed in trust, or
hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred;
(e) participate in mergers and consolidations with
other nonprofit corporations organized for the same purposes
provided that any such merger or consolidation shall have the
assent of two-thirds (2/3) of the members; and
(f) engage in any lawful act or activity for which
corporations may be organized under Chapter 55A of the General
Statute of North Carolina and in particular NC Gen. Stat. 55A-
15.
4. The Association shall have two (2) classes of members
who meet the qualifications of and are approved as set forth in
the Bylaws of the Association, as follows:
(a) Every person, group of persons, or entity, with
the exception set forth in paragraph (b) below, who or which is
a record owner of a fee interest in any lot which is subject by
the Declaration to assessment by the Association shall be a
Member of the Association; provided, however, that any such
person, group of persons, or entity who or which holds such
interest solely as security for the performance of an obligation
shall not be a Member. Such membership shall be appurtenant to
and may not be separated from ownership of any lot which is
subject to assessment by the Association. Class A Members shall
be entitled to one (1) vote for each lot in which they hold the
interest required for membership.
(b) The Class B Member during the Development Period
shall be the Declarant. The Class B Membership shall cease and
be converted to Class A membership upon the expiration of the
Development Period.
(c) Each Member shall have one (1) vote with respect
to each lot owned by such Member, but a Class A Member shall not

be entitled to exercise any vote until the expiration of the
Development Period.
5. The principal office address of the Association in the
State of North Carolina is 126 PHILLIPS LOOP ROAD, SWANSBORO,
ONSLOW COUNTY, NORTH CAROLINA 28584.
6. The principal office mailing address of the
Association in the State of North Carolina is 126 PHILLIPS LOOP
ROAD, SWANSBORO, ONSLOW COUNTY, NORTH CAROLINA 28584.
7. The address of the initial registered office of the
Association in the State of North Carolina is 126 PHILLIPS LOOP
ROAD, SWANSBORO, ONSLOW COUNTY, NORTH CAROLINA 28584.
8. The name of the initial registered agent of the
Association at such address is GREG MAREADY.
9. The number of directors constituting the initial Board
of Directors shall be one (1) and the names and addresses of the
persons who are to serve as directors until the first meeting of
the Association, or until their successors to be elected and
qualified, are:
Greg Maready 126 Phillips Loop Road
Swansboro, NC 28584
Election of the Directors shall be as provided in the Bylaws of
the Association.
10. The name and address
HUMPHREY, 205 WARD ROAD, SUITE
NORTH CAROLINA 28584.
of the incorporator is: C. JASON
2, SWANSBORO, ONSLOW COUNTY,
11. The Association shall have no capital stock.
Participation in its affairs shall be by membership therein,
subject to provision of the Bylaws as may be adopted, amended,
or repealed by the Board of Directors.
12. It is expressly declared that this Association is not
organized for pecuniary gain or profit of its members and it
shall have no power to make or declare dividends. However,
compensation may be paid for services rendered to or for the
Association for any of its purposes.
13. No part of the net earnings of the Association shall
inure to the benefit of or be distributable to its members,

trustees, officers, or other private persons, except that the
Association shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in
paragraph 3 above. No substantial part of the activities of the
Association shall be the carrying on of propaganda, or otherwise
attempting to influence legislation, and the Association shall
not participate in or intervene in (including the publishing or
distribution of statements) any political campaign on behalf of
any candidate for public office. Notwithstanding any other
provision of these articles, the Association shall not carry on
any other activities not permitted to be carried on (a) by a
corporation exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code (or the corresponding
provision of any future United States Internal Revenue Law) or
(b) by a corporation, contributions to which are deductible
under section 170(c)(2) of the Internal Revenue Code (or the
corresponding provision of any future United States Internal
Revenue Law).
14. The Association may be dissolved with the assent given
in writing and signed by not less than two-thirds (2/3) of the
members. Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the
Association shall be dedicated to an appropriate public agency
to be used for purposes similar to those for which this
Association was created. In the event that such dedication is
refused acceptance, such assets shall be granted, conveyed, and
assigned to any nonprofit corporation, association, trust, or
other organization to be devoted to such similar purposes.
Upon the dissolution of the Association, the Board of
Directors shall, after paying or making provision for the
payment of all of the liabilities of the Association dispose of
all the assets of the Association exclusively for the purposes
of the Association in such manner, or to such organization or
organizations organized and operated exclusively for charitable,
educational, religious, or scientific purposes as shall at the
time qualify as an exempt organization or organizations under
section 501(c)(3) of the Internal Revenue Code (or the
corresponding provision of any future United States Internal
Revenue Law), as the Board of Directors shall determine. Any
such assets not so disposed of shall be disposed of by the
Superior Court of the county in which the principal office of
the Association is then located, exclusively for such purposes
or to such organization or organizations, as the Court shall

determine, which are organized and operated exclusively for such
purposes.
15. Amendments to these Articles shall require the assent
of two-thirds (2/3) of the entire membership.
16. This Association is organized and will operate so as
to qualify under appropriate sections of the Internal Revenue
Code and appropriate statutes in the State of North Carolina as
having a tax exempt status, so that any gifts and donations made
to the Association may qualify by such vendors as being
deductible for income tax purposes by the donors.
IN WITNESS WHEREOF, I have hereunto set my hand this loth
day of May, 2012.
JASON HUMPHREY, Incorporator
STATE OF NORTH CAROLINA )
ss.
COUNTY OF ONSLOW )
I, -:51 1 1 I�Y1 n_ws ` , a Notary Public, do hereby
certify that C. Jason Hump ey personally appeared before me
this loth day of May, 2012, and acknowledged the due execution
of the foregoing Articles of Incorporation.
No ary Public
i uurp,
My Commission Expires;
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EXHIBIT "A"
BEING all of that certain tract or parcel of land as
depicted on that certain map or plat entitled "Final
Plat: Parrot Landing Subdivision, Phase I" as prepared
by Bell & Phillips Surveying, PLLC, dated May loth,
2011, and the same being recorded in Map Book 62, Page
51, Slide N-85, Onslow County Registry.

Pago iBf4
This Instrument am papered by Wier, Founain & Ceram,
a licensed North Carolina Attorney. Delinquent taxes, if any,
to be paid by the closing inomey to the Onslow County Tax
Collector upon disbursement of timing proecols.
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NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 0.00
Parcel Identifier No.002852 Verified by Onslow County on the _ day of . 20
MaiVBox to: Parrot Landing HOA, Inc. 126 Phillips Loop Road Swansboro, NC 28584
This insmu rent was prepared by: Lanier, Fountain As Ceruul 114 Old Bridge Street Jacksonville, NC 28540/hib
Brief description for the Index: Metes & Bounds; Common Areas
THIS DEED made this 130 day of March, 2017, by and between
PARROT LANDING, INC.
A North Carolina Corporation
tavcaaaa
PARROT LANDING HOMEOWNERS
ASSOCIATION, INC.
A North Carolina Corporation
126 Phillips Loop Road
Swanshoro, NC 28584
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor and Grant= as used herein shall include said patties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, hasand
by the" presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or par el of land situated in
Swansboro Township, Onslow, County, North Carolina and more particularly described as follows:
SEE ATTACHED EXHIBIT'A' ATTACHED HERETO AND INCORPORATED HEREIN AS THOUGH FULL
SET OUT.
NOV 0 6 2019
(00054464.DOCINC Bar Association Form No. 3 O 1976. RevuW O 19r7, 2002
Primed by Agucmem with the NC Bar Assmution.1991 Book: 4600 Page, 1977-Current: 742 Seq: 1
Book: 4600 Page: 742 Page 1 of 4

Page 2 of 4
The property hereinabove described was acquired by Grantor by instrument recorded in Book 3371, Page 251.
All or a portion of the property herein conveyed does not include the primary residence of the Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever, other than the following exceptions:
Subject to restrictions, easements and any other such matters appearing of record.
IN WITNESS WHEREOF, the Grantor has duty executed the foregoing as of the day and year first above written.
State of North Carolina - County of Onslow
1, the undersigned Notary Public of the County and State aforesaid, certify, that Greg Maready personally came before me this
day and acknowledged that he is the President of Parrot Landing, Inc., a North Carolina Corporation, and that by authority duly given
and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and
Notarial stamp or seal, this Jday of O C e r Lj . 2017.
My Commission Expires: 3- Ti. �ii,,; �1 \,,ot'n'�'�H'•'nr `' ac"(iQ C, .� `- C I<(-),Zru
[[q"�.,� Notary Public
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Notary Public -
Onslow County
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100064464DOCINC Bar Mwoutwn Fonn No. d O 1976. Rxvmd O 1977, 2002
Rinsed by Aponnent wM arc NC an Mtaelalbn- 1981
Book: 4600 Page, 1977•Current: 742 Seq: 2
Book: 4600 Page: 742 Page 2 of 4

Page 3 of 4
EXHIBIT °A"
BEGINNING at a point where the centerline of Parrott Swamp intersects with the western right of way of
Queens Creek Road (NCSR 1509), said point being located South 73 degrees 53 minutes 14 seconds West 30.54
feet from a magnetic nail in the center of the bridge over said Parrott Swamp, said magnetic nail in center of said
bridge being located North 26 degrees 53 minutes 02 seconds West 518.88 feet from a magnetic nail at the
centerline intersection of Queens Creek Road and Sandridge Road CNCSR 1501) and runs thence from said
beginning point, leaving said right of way of Queens Creek Road and along said centerline of Parrott Swamp,
South 73 degrees 53 minutes 14 seconds West 142.47 feet to a point in the centerline of Pitch Hole Branch;
thence leaving said Parrott Swamp and along said Pitch Hole Branch, North 46 degrees 23 minutes 10 seconds
West 42.40 feet to a point, North 70 degrees 28 minutes 10 seconds West 141.90 feet to a point, North 30 degrees
08 minutes 10 seconds West 87.00 feet to a point, North 80 degrees 18 minutes 10 seconds West 77.20 feet to a
point, North 21 degrees 13 minutes 10 seconds West 88.20 feet to a point, North 04 degrees 21 minutes 50
seconds East 81.00 feet to a point, North 80 degrees 08 minutes 10 seconds West 70.50 feet to a point, North 22
degrees 13 minutes 10 seconds West 259.50 feet to a point, North 07 degrees 53 minutes 10 seconds West 339.20
feet to a point, North 43 degrees 08 minutes 10 seconds West 86.00 feet to a point, North 26 degrees 56 minutes
50 seconds East 124.40 feet to a point and North 02 degrees 55 minutes 37 seconds East 59.78 feet to an iron
rebar; thence leaving said Pitch Hole Branch, South 73 degrees 00 minutes 00 seconds East 587.83 feet to an iron
pipe in the western right of way of Queens Creek Road; thence along said right of way of Queens Creek Road,
South 17 degrees 30 minutes 48 seconds West 32.86 feet to a point, South 16 degrees 56 minutes 00 seconds
West 52.94 feet to a point, South 15 degrees 03 minutes 44 seconds West 56.84 feet to a point, South 12 degrees
09 minutes 06 seconds West 56.35 feet to a point, South 09 degrees 22 minutes 39 seconds West 52.49 feet to a
point, South 06 degrees 21 minutes 52 seconds West 54.31 feet to a point, South 02 degrees 45 minutes 15
seconds West 52.37 feet to a point, South 00 degrees 03 minutes 15 seconds West 49.46 feet to a point, South 02
degrees 59 minutes 29 seconds East 49.15 feet to a point, South 06 degrees 02 minutes 58 seconds East 52.37 feet
to a point, South 08 degrees 50 minutes 20 seconds East 34.75 feet to a right of way monument and disk, South
10 degrees 20 minutes 38 seconds East 37.52 feet to a point, South 13 degrees 11 minutes 01 seconds East 54.52
feet to a point, South 16 degrees 15 minutes 35 seconds East 53.20 feet to a point, South 19 degrees 36 minutes
13 seconds East 40.00 feet to a point, South 22 degrees 18 minutes 35 seconds East 57.60 feet to a point, South
24 degrees 34 minutes 29 seconds East 69.54 feet to a right of way monument and disk and South 27 degrees 15
minutes 09 seconds East 121.37 feet to the beginning, containing 10.296 acres and being a portion of Tract 1 of
the "PHILLIPS ESTATE" as shown recorded in Map Book 8, Page 64 of the Onslow County Registry.
Less and except that property shown on Map Book 8, Page 60 and Map Book 61, Page SI of the Onslow
County Registry, previously conveyed to third parties.
100054464.t)OC I NC au Mtocution Fmm No. 3 O 1976, Revuad O 1971. 2002
Printed by Ageemeet with the NC Ru Anwciation • 1911
Book: 4600 Page, 1977-Current: 742 Seq: 3
Book: 4600 Page: 742 Page 3 of 4

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DEPARTMENT OF TAX ADMINISTRATION
Tax Certification Form
(Check One Box)
0✓ This certifies that there are no delinquent ad valorem taxes, or other
taxes which the Onslow County Tax Collector is charged with
collecting, that are a lien on:
Parcel Identification Number:
002852
GRANTEE: PARROT LANDING HOMEOWNERS ASSOCIATION,
INC
This is not a certification that this Onslow County Parcel
Identification Number matches the deed description.
17 No certification required, as attorney statement that any delinquent
taxes will be paid from closing proceeds is included on first page of
deed.
Balance due on account. It must be paid to Onslow County Tax Collector
within 5 days of closing.
Pam McAteerwM ID11Y=`�-...
-O
Tax Collections Staff Signature
03/13/2017
Date
This parcel may have deferred taxes which become due upon transfer of the
property. Call the Tax Office, Land Records Division at 910-989-2204 for
more information.
234 N W Corridor Blvd- Jacksonville, North Carolina - 28540 - Phone: [phone] - Fax: [phone] - OnslowCountyNC.gov/tax
Book: 4600 Page, 1977-Current: 742 Seq: 4
Book: 4600 Page: 742 Page 4 of 4

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IUIi18M1111111111WI0111®11811WID 111
Doe TO: 009 e881002a TOP CRP
Recorded: 091291201f at 01%JCRP PM
Fae Mt: �88.00 Pape 1 of 28
Onel ow CauntY ND
Reb*CCA L. Pollard Rep, of Deeds
aK3657 Pa698-725
Prepered by / Heil to: Tantum 4 Humphrey, P.A. G
Attorneys 4 Counselors at Law E (; E AV
604-C Cedar Point Boulevard
Cedar Point, North Carolina 28564 Index in the Grantor Index: NOV O 6 2019
Parrot Landing Subdivision
Parrot Landing Homeowners Association, Inc.
Parrot Landing, Inc. BY:----- ---
NOTICE: THIS DOCUMENT REGULATES OR PROHIBITS THE USE AND
DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA AND STATE OF
NORTH CAROLINA AND ALSO REGULATES OR PROHIBITS THE USE AND
DISPLAY OF POLITICAL SIGNS [SEE SECTIONS 7.11 S 7.12 BELOW].
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
MASTER DECLARATION OF
COVENANTS, RESTRICTIONS AND EASEMENTS FOR
PARROT LANDING SUBDIVISION
THIS MASTER DECLARATION OF COVENANTS, RESTRICTIONS AND
EASEMENTS FOR PARROT LANDING SUBDIVISION (the "Declaration") is
made this 2.9 day of SenrEMSBR 2011, by PARROT
LANDING, INC., a North Carolina corporation (the "Declarant").
W I T N E S S
WHEREAS, Declarant is the owner of a portion of, and may
acquire part or all of, a certain tract of land situated in
Swansboro Township, Onslow County, North Carolina, being more
particularly described on Exhibit "A" (the "Property" or
"Subdivision"): and
WHEREAS, Declarant is constructing a residential
subdivision which may include community facilities for the
benefit of the community, with single family townhouses (the
"Project"); and
WHEREAS, Declarant desires to provide for the preservation
and enhancement of the property values and amenities within said
community and to provide for the maintenance of common areas,
properties and improvements located thereon, and to this end
desires to subject the Project property to the covenants,
restrictions, easements, charges and liens as are hereinafter
set forth, each and all of which are for the benefit of said
real property and each present and future owner thereof; and
WHEREAS, Declarant desires to provide and allow for the
annexation of additional "sections" to the Project as said
"sections" are developed and completed, and to provide for
equality of rights, privileges and obligations of all lot owners
in all "sections" of the Project by adding and annexing such
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Page 2 of 28
"sections" to the Project by recordation of Supplemental
Declarations to this Declaration.
THEREFORE, the Declarant hereby declares that all of the
Lots and Common Areas (defined below) located within the
Subdivision are held and shall be held, conveyed, hypothecated
or encumbered, leased, rented, used, occupied and improved,
subject to the following covenants, conditions and restrictions,
all of which are established and agreed upon for the purpose of
enhancing and protecting the value, desirability and
attractiveness of the Subdivision as a whole and of each of said
Lots. All of these restrictions shall run with the land and
shall be binding upon the Declarant and upon the parties having
or acquiring any right, title or interest, legal or equitable in
and to the Property or any part or parts thereof subject to such
restrictions, and shall inure to the benefit of the Declarant
and every one of the Declarant's successors in title to any of
the Property.
ARTICLE I
DEFINITIONS
Section 1.1. "Articles" or "Articles of Incorporation"
shall mean those articles, filed with the Secretary of State of
North Carolina, incorporating Parrot Landing Homeowners
Association, Inc., as a nonprofit corporation under the
provisions of North Carolina State law, as the same may be
amended from time to time.
Section 1.2. "Association" shall mean and refer to PARROT
LANDING HOMEOWNERS ASSOCIATION, INC., formed as or to be formed
as a non-profit corporation, its successors and assigns.
Section 1.3. "Board" or "Board of Directors" shall mean
and refer to the Board of Directors of the Association.
Section 1.4. "Bylaws" shall mean the Bylaws of the
Association, as the same may be amended from time to time.
Section 1.5. "Class A Members" shall mean as defined in
Section 4.5.1 below.
Section 1.6. "Class B Members" shall mean as defined in
Section 4.5.2 below.
Section 1.7. "Common Areas" shall mean all the real
estate (including retention ponds, storm drainage improvements,
entrance signage, streets (including any dedicated streets prior
to their acceptance for public maintenance) and all landscaping
and other improvements thereon) owned by the Association for the
common use and enjoyment of the Owners.
Section 1.8. "Declarant" shall mean and refer to Parrot
Landing, Inc., a North Carolina corporation, its successors and
assigns as a Declarant.
Section 1.9. "Development Period" means the period
commencing on the date on which this Declaration is recorded in
the. Onslow County Register of Deeds and terminating on the
earlier to occur of: (i) when Declarant no longer owns a Lot in
the Subdivision; (ii) the date that Declarant relinquishes in
writing Declarant's right to appoint Directors; or (iii) the
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occurrence of the date fifteen (15) years from the date of
recording the Declaration, renewable for an additional ten (10)
year period with the consent of a majority of Owners other than
the Declarant.
Section 1.10. "Dwelling Unit" shall mean and refer to the
individual family living unit on an individual Lot designed and
intended for use and occupancy as a residence by a single
family, including, without limitation, townhouse homes.
Section 1.11. "Lot" shall mean and refer to any parcel of
land designated on the Plat upon which a Dwelling Unit has been
or is to be constructed.
Section 1.12. "Member" shall mean and refer to all those
Owners who are Members of the Association as provided in Article
IV below.
Section 1.13. "Owner" shall mean and refer to the record
owner, including Declarant, whether one or more persons or
entities, of a fee simple title to any Lot located within the
Subdivision, but shall not include those having such interest
solely as security for the performance of an obligation.
Section 1.14. "Plat" or "Map" shall mean and refer to the
record plat of the Subdivision recorded by Declarant in Map Book
62, Page 51, Onslow County Registry, as the same may be amended
or supplemented by Declarant from time to time.
Section 1.15. "Property" or "Subdivision" shall mean and
refer to that certain real estate described in Exhibit "A,"
together with all structures and other improvements thereon,
together with all other real estate that may be annexed into
this Declaration and the Association by the Declarant.
Section 1.16. "Resident" shall mean and refer to any
person, not an Owner, living in the Owner's Dwelling Unit,
including, but not limited to, temporary guests and Tenants.
Section 1.17. "Restrictions" shall mean all covenants,
conditions, restrictions, easements, charges, liens and other
obligations provided for in this Declaration, including, without
limitation, all notices, rules and regulations issued in
accordance with this Declaration.
Section 1.18. "Rules and Regulations" shall mean and
include the rules and regulations made from time to time by the
Board of Directors as provided in Section 4.3 below
Section 1.19. "Tenant" means any person occupying any Lot
pursuant to a written or oral lease agreement with the Owner
thereof or with any other person or entity claiming under the
Owner.
When applicable for the sense of this instrument, the
singular should be read as including the plural and the male,
female, and neuter pronouns and adjectives should be read as
interchangeable.
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ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property, each portion thereof, and all Dwelling Units
thereon shall be held, transferred, sold, conveyed, leased,
mortgage and occupied subject to the terms, provisions,
covenants and conditions of this Declaration.
ARTICLE III
COMMON AREAS
Section 3.1. Title to Common Areas. The Declarant shall
convey by deed all Common Areas to the Association in fee simple
absolute after the final platting of all Lots in the
Subdivision.
Section 3.2. Maintenance. The Association, at its
expense, shall maintain, operate and keep in good repair, unless
such obligations are assumed by any municipal or governmental
agency having jurisdiction thereof, the Common Areas and all
improvements located thereon for the common benefit of the
Subdivision. This shall include, without limitation, the
maintenance, repair, replacement and painting of the following
landscaping and improvements (to the extent that such
improvements or landscaping are located upon or constitute
Common Areas): (a) all private roadways, driveways, pavement,
sidewalks, walkways and uncovered parking spaces; (b) all lawns,
trees, grass and landscape areas, shrubs and fences, except as
otherwise set forth herein below; (c) any recreational
facilities; (d) all conduits, ducts, utility pipes, plumbing,
wiring and other facilities which are part of or located in, or
for the furnishing of utility services to, the Common Areas and
which are not for the exclusive use of a single Dwelling Unit.
Section 3.3. Owner's Easements of Enjoyment. Except as
herein otherwise provided, each Owner shall have a right and
easement of enjoyment in and to the Common Areas, which shall be
appurtenant to and shall pass with the title to his Lot subject,
however, to the following:
(A) Suspension. The Association shall have the right
to suspend any Owner's voting rights in Association matters
and suspend the right of any Owner or the privilege of any
Resident to use such of the Common Areas that are recreational
in nature as determined by the Board for any infraction of the
Rules and Regulations relating to the Common Areas for a
period not to exceed sixty (60) days for each such infraction,
or for any non-payment or delinquency of the Assessments
against such Owner's Lot for a period not to exceed the period
of such non-payment or delinquency.
(B) Dedication; Transfer. The Association shall have
the right to dedicate, sell, lease or transfer all or any part
of the Common Area, or any interest therein, to any public
agency, authority, or utility, or to any other person for such
purpose and subject to such conditions as may be agreed upon
by the Members. No such dedication, sale or transfer shall be
effective unless it has been approved by two-thirds (2/3) of
each class of Member entitled to vote and an instrument of
dedication, sale, lease, or transfer properly executed by the
Association has been recorded. On such instrument the
Secretary of the Association shall certify that two-thirds
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(2/3) of each class of the Members entitled to vote have
approved the dedication, sale, lease or transfer and that
certificate may be relied upon by any third party without
inquiry and shall be conclusive as to any grantee, its
successor or assigns; provided however conveyances for general
utility purposes, sanitary sewer, storm sewer, road rights -of -
way and other conveyances for dedication to the public, as
specified herein, may be made by the Association without
consent of the Members.
(C) Borrowing. The Association shall have the right,
in accordance with its Articles and Bylaws, to borrow money
for the purpose of improving the Common Area and facilities
and in aid thereof to mortgage the Common Area, and the rights
of such mortgagee in the common area shall be subordinate to
the rights of the Members hereunder.
(D) Rules and Regulations. The Association shall
have the right to adopt and enforce and from time to time
amend reasonable limitations upon use and Rules and
Regulations pertaining to the use of the Common Areas,
including regulations limiting guests of Owners and Tenants
who may use the Common Areas at any one time.
(E) Easements. Each Owner's rights in the Common
Areas shall be subject to all applicable provisions of valid
easements and/or agreements of the Declarant and/or
Association relating to the Common Areas.
(F) Permits; Licenses. The Association shall have
the right to grant permits, licenses and public or private
easements over Common Areas for utilities, roads and other
purposes reasonably necessary or useful for the proper
maintenance or operation of the Property.
Section 3.4. Use of Common Areas by Declarant. In
addition to the specific rights and easements reserved herein,
Declarant and its affiliates and associates shall have the same
rights of use and enjoyment of the Common Areas as the Class A
Members during the Development Period, and shall have the same
right to use Common Areas for promotional, sales and similar
purposes until all of the Lots have been sold.
ARTICLE IV
HOMEOWNERS ASSOCIATION
Section 4.1. Homeowners Association. There has been
created a North Carolina non-profit corporation, known as Parrot
Landing Homeowners Association, Inc., which shall be responsible
for the maintenance, management and control of the Common Areas
and upon each Lot and Dwelling Unit as more specifically set
forth in this Declaration.
Section 4.2. Board of Directors and Officers. The Board
of Directors, and such officers as the may elected or appointed
in accordance with the Articles or the Bylaws, shall conduct the
affairs of the Association. The Board may also appoint
committees and managers or other employees and agents, who
shall, subject to the general direction of the Board, be
responsible for the day-to-day operation of the Association.
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Section 4.3. Rules and Regulations. By a majority vote
of the Board, the Association may, from time to time adopt,
amend and repeal Rules and Regulations with respect to all
aspects of the Association's rights, activities and duties under
this Declaration. The Rules and Regulations may, without
limitation, govern use of the Subdivision, including
prohibiting, restricting or imposing charges for the use of any
portion of the Subdivision by Owners, Residents or others,
interpret this Declaration or establish procedures for operation
of the Association or the administration of this Declaration;
provided, however, that the Rules and Regulations shall not be
inconsistent with this Declaration, the Articles, or Bylaws. A
copy of the Rules and Regulations, as they may from time to time
be adopted, amended or repealed, shall be maintained in the
office of the Association and shall be available to each Owner
upon request.
Section 4.4. Membership of Association. Every Owner of a
Lot shall be a Member of the Association. Such Owner and Member
shall abide by the Association's Rules and Regulations, shall
pay the Assessments provided for in this Declaration when due,
and shall comply with decisions of the Association's governing
body. Conveyance of fee simple title to a Lot automatically
transfers membership in the Association without necessity of
further documents. Membership shall be appurtenant to and may
not be separated from ownership of any Lot that is subject to
Assessment.
Section 4.5. Classes of Membership. The Association
shall have two (2) classes of Membership:
(A) Class A Members. Every person, group of persons,
or entity which is a record Owner of a fee interest in any Lot
upon which a Dwelling Unit has been erected within the
Property, shall automatically be a Class A Member of the
Association except the Declarant during the Development
Period; provided, however, that any such person, group of
persons or entity who holds such interest solely as security
for the performance of an obligation shall not be a Member. A
Class A Membership shall be appurtenant to and may not be
separated from ownership of any Lot upon which a Dwelling Unit
has been constructed that is subject to Assessment. Class A
Members shall be entitled to one (1) vote for each Lot in
which they hold the interest required for membership. In the
event that more than one person, group of persons or entity is
the record Owner of a fee interest in any Lot, then the vote
for the membership appurtenant to such Lot portion shall be
exercised as they among themselves determine, but in no event
shall more than one (1) vote be cast with respect to any Lot.
In the event agreement is not reached, the vote attributable
to such Lot shall not be cast.
(B) Class B Members. The Class B Member during the
Development Period shall be the Declarant. The Class B
Membership shall cease and be converted to Class A membership
upon the expiration of the Development Period.
(C) Voting. Each Member shall have one (1) vote with
respect to each Lot owned by such Member, but a Class A Member
shall not be entitled to exercise any vote until the
expiration of the Development Period.
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(D) Suspension of Voting Rights. The right of any
Member to vote may be suspended by the Board for just cause
pursuant to its Rules and Regulations, the Articles, and
Bylaws of the Association.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 5.1. Annual Assessments. The Annual Assessments
levied by the Association shall be used exclusively to promote
the recreation, health, safety, and welfare of the Owners of
Lots and comply with all obligations imposed by the Stormwater
Permit and Erosion and Sedimentation Control Permit.
Section 5.2. Creation of the Lien and Personal Obligation
for Assessments.
(A) Each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the
Association:
(i) Annual Assessments or charges as provided
for above;
(ii) Special Assessments as provided for above;
and
(iii) To the appropriate governmental taxing
authority, a pro rata share of ad valorem taxes against,
and assessments for private improvements to, the Common
Areas if the Association shall default in payment
thereof.
Any such assessment or charge, together with interest
costs, and reasonable attorney's fees, (as provided in
N.C.G.S. §6-21.2) shall be a charge and a continuing lien upon
the Lot against which each such assessment or charge is made.
Each such assessment or charge, together with interest, costs
and reasonable attorney's fees (as provided in N.C.G.S.
56-21.2), shall also be the personal obligation of the Owner
of such Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments or charges
shall not pass to an Owner's successors in title unless
expressly assumed by them.
Section 5.3. Minimum Annual Assessment. The initial
minimum Annual Assessment shall be $295.00 per year. So long as
there exists Class B Lots, the Declarant shall pay no dues or
assessments but in lieu thereof .the Declarant covenants and
agrees to defray such deficit as may be required for maintenance
up to the amount of twenty-five percent (25%) of the normal
assessment on Lots owned by the Declarant.
Section 5.4. Date of Commencement of Annual Assessments;
Due Dates. The Annual Assessments provided for herein shall
commence as to all Lots subject thereto, except such Lots owned
by the Declarant, on the date of closing the transfer and
conveyance of such Lot to the Owner. The first Annual
Assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board shall fix the amount
of the Annual Assessments against each Lot at least thirty (30)
days in advance of each Annual Assessment period. Written
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notice of the Annual Assessments shall be sent to every Owner
subject thereto. The Board shall establish the due dates.
Section 5.5. Increase of Annual Assessment. The Annual
Assessments may be increased from any preceding year by the
Board, without a vote of the Members, by a percentage which may
not exceed fifteen percent (15%). The Annual Assessments may be
increased by a percentage greater than that permitted to be made
by the Board under this Section by an affirmative vote of two-
thirds (2/3) of each class of Members who are voting in person
or by proxy, at a meeting duly called for such purpose. The
limitations herein set forth shall not apply to any increased
assessments undertaken as an .incident to a merger or
consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
Section 5.6. Special Assessments. 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
cost of any construction, reconstruction, repair or replacement
of a capital improvement upon the Common Area, or maintenance of
the roads within the subdivision, including fixtures and
personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3) of the
votes of the members of each class who are voting either in
person or by proxy at a meeting duly called for such purpose.
Section 5.7. Notice and Quorum for Any Action Authorized
Under Sections 5.5 and 5.6. Written notice of any meeting
called for the purpose of taking any action authorized under
this Article shall be sent to all Members not less than fifteen
(15) days nor more than sixty (60) days in advance of the
meeting. At the first such meeting called, the presence of
Members or of proxies entitled to cast forty percent (40%) of
all the votes of each class of membership shall constitute a
quorum. If the required quorum is not present, another meeting
may be called pursuant to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 5.8. Effects of Nonpayment of Assessments;
Remedies of the Association. Any Assessment not paid within
thirty (30) days after the due date shall be delinquent, in
default and shall bear interest from the due date at the highest
rate then permitted by North Carolina law not to exceed eighteen
percent (18%) per annum or one and one-half percent (1.58) per
month. The Association may bring an action at law against the
Owner personally obligated to pay the same plus interest, cost,
late payments charges and reasonable attorneys' fees, or
foreclose the lien against the Lot. 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.
The lien herein granted unto the Association shall be
enforceable pursuant to Article 2A of Chapter 45 of the General
Statutes from and after the time of recording a Claim of Lien in
the Office of the Clerk of Superior Court in the County in which
the Property is located in the manner provided therefore by
Article 8 of Chapter 44 of the North Carolina General Statutes,
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which claim shall state the description of the Lot encumbered
thereby, the name of the record owner, the amount due and date
when due. The claim of lien shall be recordable any time
following thirty (30) days after the due date of the Assessment
or any installment thereof and the lien shall continue in effect
until all sums secured by said lien as herein provided shall
have been fully paid. Such claim of lien shall include all
Assessments which are due and payable when the claim of lien is
recorded, plus interest, costs, attorneys' fees, advances to pay
taxes and prior encumbrances and interest thereon, all as above
provided. An officer or agent of the Association shall sign
such claim of lien. Upon full payment of all sums secured by
such claim of lien, the same shall be satisfied of record.
Section 5.9. Late Charge. The Association may impose a
charge against any Owner who fails to pay any amount assessed by
the Association against his Lot within ten (10) days after such
Assessments are due and payable and who fails to exercise his
rights under this Declaration or under the laws of the State of
North Carolina to successfully contest such Assessment. The
amount of the late charge shall be the greater of: (a) Twenty
and 00/100 Dollars ($20.00), or (b) twenty percent (20%) of the
delinquent amount, or such other amount as may be determined by
the Association from time to time. Additionally, if an Owner
shall be in Default in payment of an installment upon an
Assessment or of a single monthly Assessment, the Association
has the right to accelerate all monthly Assessments remaining
due in the current fiscal year. The total of such Assessments,
together with the delinquent Assessments shall then be due and
payable by the Owner no later than ten (10) days after the
delivery of written notice of such acceleration to the Owner or
twenty (20) days after mailing of such notice to him by
certified mail, whichever occurs first. If such acceleration
amount is not paid by the due date, the above -described late
charge may be imposed on the part of such accelerated amount not
paid by the due date.
Section 5.10. Subordination of the Lien. The lien of the
Assessments provided for herein shall be subordinate to the lien
of any institutional first mortgage and ad valorem taxes on said
Lot. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot
pursuant to mortgage or tax foreclosure shall extinguish the
lien of such assessments as to payment, which became due prior
to such sale or transfer, but shall not abate the personal
obligation of the prior owner. No sale or transfer shall
relieve such Lot from liability from any assessments thereafter
becoming due or from the lien thereof.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 6.1. Submission for Approval. Except for the
original and initial construction, and subsequent modification
of improvements by the Declarant on any Lot, which construction
is and shall be exempt from the provisions of this Article, no
site preparations (including, but not limited to grading,
elevation work, landscaping, sloping or tree work) or
construction, erection, installation or modification of any
improvements, including but not limited to, buildings, roofs,
shingles, fences, signs, walls, bulkhead, screens, landscaping,
exterior painting, siding, yard furniture, play areas, and play
equipment or other equipment, furniture or structures shall be
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Page 10 of 26
commenced, erected, placed, altered or maintained upon any Lot,
nor shall any addition to, or change or alteration therein be
made by any Owner, other than Declarant, until the plans and
specifications showing the nature, kind, shape, height,
materials, exterior colors, type of siding, type of shingles,
location and elevations of the proposed improvements or
landscaping or yard equipment or furniture shall have been
submitted to, and approved in writing by, as to harmony of
external design and location in relation to surrounding
structures and topography, the Board of Directors of the
Association, or by an Architectural Committee composed of three
(3) or more persons appointed by the Board. In the event said
Board, or its designated Committee, fails to approve or
disapprove such submission within thirty (30) days after said
plans and specifications have been submitted to it, approval
will not be required and this Article will be deemed to have
been fully complied with; provided that plans and specifications
that contain inaccurate or missing data or information when
submitted shall not be deemed to be approved, notwithstanding
the foregoing. Refusal of approval of such plans, location or
specifications may be based upon any ground, including purely
aesthetic or environmental, that in the sole discretion of the
Board or Committee, it shall deem sufficient. The Association
shall not be responsible for any defects in the plans and
specifications submitted to it or in any structure erected
according to such plans and specifications. Upon request, the
Board shall provide any Owner with a letter stating that any
such work plans and specifications have been approved and third
parties may rely upon same.
Section 6.2. Right of Inspection. The Association,
through the Board, the Committee or their appointed agents,
shall have the right, at its election, but shall not be
required, to enter upon any Lot during site preparation or
construction, erection, or installation of improvements to
inspect the work being undertaken and to determine that such
work is being performed in conformity with the approved plans
and specifications and in a good and workmanlike manner,
utilizing approved methods and good quality materials.
Section 6.3. Variances; Adjustments. The Board or the
Architectural Committee appointed by the Board, as the case may
be, shall have power to, and may allow variances of, and
adjustments of, the restrictions on use and building
restrictions established herein in order to overcome practical
difficulties and prevent unnecessary hardships in application of
the restrictions contained herein; provided, however, that
variances or adjustments are done in conformity with the intent
and purposes hereof; and, provided also, that in every instance
such variance or adjustment will not be materially detrimental
or injurious to the Property or other Lots in the immediate
neighborhood. Variance and adjustments may be of the height,
size, and setback requirements, but shall not be limited
thereto. In the event of the grant of any variance in the
building or use restrictions, the Association shall execute a
document attesting to such grant and the specific nature thereof
in form suitable for recording, so that the Owner may record
same in the Registry of the County in which the Lot is located.
Such document shall be prepared at the cost of the Owner and
shall be binding upon the Association and may be relied upon by
third parties.
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Section 6.4. References to Association. Any reference to
"Association" in this Section or that on Use Restrictions or
Building Restrictions shall mean the Board or the Architectural
Committee, whichever shall be vested with approval authority by
the Board.
ARTICLE VII
GENERAL RESTRICTIONS
Section 7.1. Residential Use. No Lot, Lots, or portions
thereof shall be put to any use other than for residential
purposes, except that any Lot may be used by the Declarant for a
street or roadway.
Section 7.2. Prohibited Structures. No structure shall
be erected, altered, placed or permitted to remain on any Lot
described and shown on a recorded subdivision map of the real
property described in Exhibit "A", other than one single family
townhouse Dwelling Unit, not to exceed two and one-half stories
in height, a private garage and such other outbuildings as may
be reasonably appurtenant to the Dwelling Unit, provided that
the same are constructed in line with general architectural
design and construction standards used as the Dwelling Unit
itself. The ground floor area of the main structure, exclusive
of open porches and garages, shall not be less than 450 square
feet of enclosed heated area. This covenant shall not be
construed as prohibiting the use of a new Dwelling Unit as a
model home for sales purposes.
No structure of a temporary character, trailer, basement,
tent, shack, garage, barn or other outbuilding shall be used on
any Lot at any time as a residence either temporarily or
permanently. No trailer, mobile home, camper or like vehicle,
or any other structure which is finished or partially finished
at a manufacturing unit or plant and transported for quick
assembly or which is designed to be disassembled and relocated
shall be used as a residence at anytime. it is specifically the
intention and purpose of this covenant to prohibit the location
of mobile homes, trailers, modular houses, relocatable houses,
or similar type structures on the Property for use as a
residence. This covenant shall not be construed as prohibiting
the use of such a structure as a sales/rental model or office or
construction site facility.
Section 7.3. Prohibited Activities. No business, trade,
garage sale, moving sale, rummage sale, or similar activity
shall be conducted upon a Lot without the prior written consent
of the Board.
An Owner or occupant residing in a Dwelling Unit on a Lot
may conduct business activities within the Dwelling Unit so long
as: (i) the existence or operation of the business activity is
not apparent or detectable by sight, sound, or smell from
outside the dwelling; (ii) the business activity conforms to all
zoning requirements for the Lot; (iii) the business activity
does not involve regular visitation of the Dwelling Unit or Lot
by clients, customers, suppliers, or other business invitees or
door-to-door solicitation of residents of the Subdivision; and
(iv) the business activity is consistent with the residential
character of the Subdivision and does not constitute a nuisance
or a hazardous or offensive use, or threaten the security or
safety of other Residents of the Subdivision, as may be
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Page 12 of 28
determined in the sole discretion of the Board. The terms
"business" and "trade," as used in this provision, shall be
construed to have their ordinary, generally accepted meanings
and shall include, without limitation, any occupation, work, or
activity undertaken on an ongoing basis which involves the
provision of goods or services to persons other than the
provider's family and for which the provider receives a fee,
compensation, or other form of consideration, regardless of
whether: (a) such activity is engaged in full or part-time; (b)
such activity is intended to or does generate a profit; or (c) a
license is required. The leasing of a Dwelling Unit or Lot
shall not be considered a business or trade within the meaning
of this subsection. This subsection shall not apply to any
activity conducted by the Declarant or a builder approved by the
Declarant with respect to its development and sale of the
Property or its use of any Lots which it owns within the
Subdivision.
Section 7.4. Nuisance. No noxious, offensive, or illegal
activity shall be carried on or conducted upon any Lot or Common
Area nor shall anything be done on any Lot or Common Area that
shall be or become an unreasonable annoyance or nuisance to the
Property. All Lots, whether occupied or unoccupied, shall be
well maintained and no unattractive growth or accumulation of
rubbish or debris shall be permitted to remain on a Lot.
Declarant or the Association, reserves the right to enter upon
and cut grass, weeds, or undergrowth on any Lot or easement, but
shall be under no obligation to do so. The Declarant or
Association may contract for, and assess to Owner, any
maintenance necessary to enforce this covenant.
Section 7.5. Animals and Pets. No animals, livestock, or
poultry of any kind shall be kept or maintained on any Lot or in
any Dwelling Unit except that, subject to restrictions contained
below and herein, household pets may be kept provided that said
pet shall not exceed seventy pounds (70 lbs) in weight and is
not kept for breeding or commercial purposes. Any such
household pet shall not be allowed off the Lot of the Owner of
said pet unless said pet is attended and on a leash. Owners
shall be solely and absolutely liable for the acts of any pet
kept on their Lot. The Owner is required to pick up, remove and
dispose of all solid wastes of their pet in an Association
approved container and in such manner as directed by the
Association.
Notwithstanding anything contained in this Declaration to
the contrary, the following dog breeds shall be specifically
prohibited: Rottweiler, Doberman, Mastiff, Bulldog, Pit -bull,
Chow, and Wolf Hybrids. In addition, the Association shall
specifically have the power and responsibility to designate,
based upon temperament, size, and/or nature or tendencies, from
time to time, a list of breeds of animals which shall be
prohibited on any Lot.
Furthermore, notwithstanding anything contained in this
Declaration to the contrary, any Inherently Dangerous Animal
shall be prohibited. "Inherently Dangerous Animal" shall mean
any non -domesticated animal for which evidence demonstrates that
unprotected human contact with the species can result in a life
threatening injury or disease to those who come into contact
directly or indirectly. The following are examples of
Inherently Dangerous Animals, but shall not be deemed an
exclusive listing: Bats, wolves, wolf hybrids, lions, tigers,
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cheetahs, jaguars, cougars, leopards, snow leopards, clouded
leopards, all hyena species, all bear species, all apes, Old and
New world monkeys and prosimians, all elephant species,
rhinoceros, hippopotamuses, gaur, banteng, kouprey, anoa, Cape
buffalo, all crocodilian species, all helodermatidae species,
green anaconda, amethystine python, African rock python,
reticulated python, and all venomous snakes.
Section 7.6. Garbage and Refuse Disposal. No Lot shall
be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be burned or disposed of on any
Lot, and shall be kept in sanitary containers approved by the
Association. All equipment for the storage prior to disposal of
such material shall be kept in a clean and sanitary condition.
The placement of containers shall be approved by the Association
and, in any event, shall be kept in an enclosed area not subject
to view from any person, from any direction. The Declarant and
Association reserves the right for itself, its successors and
assigns, to contract for garbage collection services for each
Lot in the Subdivision and the Owner shall be responsible for
the payment of such garbage services to the company providing
the same, or the Association may make such a common expense or
an expense to a particular Owner.
Section 7.7. Antennas; Satellite Dishes or Discs. Except
as first approved by the Association, no transmission or
reception towers, antenna, dishes or discs shall be erected or
maintained on any Lot.
Section 7.8. Exterior Lights. All light bulbs or other
lights installed in any fixture located on the exterior of any
Dwelling Unit, building or other structure located on any Lot
shall be clear or white lights or bulbs. No mercury vapor or
similar wide area lighting similar to street lights shall be
allowed without prior Committee approval.
Section 7.9. Sight Distance at Intersections. No fence,
wall, hedge or shrub planting which obstructs sight lines at
elevations between two feet (2') and six feet (6') above the
roadways shall be placed or permitted to remain on any corner
Lot within the triangular area formed by the street property
lines and a line connecting them at points twenty-five feet
(25') from the intersection of the street lines, or in the case
of a rounded property corner, from the intersection of the
street property lines extended. The same sight line limitations
shall apply on any Lot within ten feet (10') from the
intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to
remain within such distances of such intersection, unless the
foliage line is maintained at sufficient height to prevent
obstruction of such sight lines.
Section 7.10. Mailboxes. Multiple unit mailboxes may be
constructed by the Declarant for the use of a number of Owners
within certain areas as determined by the Declarant and postal
service. Thereafter, no mailboxes shall be installed on any Lot
or Common Area without first obtaining the approval of the
Architectural Committee. Application shall be made to the
Association prior to installation or replacement as to the
style, design, color and location. By accepting a deed to any
Lot, the Owner gives the Association the right to remove any
non -approved mailbox in a reasonable manner; all costs for same
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shall be paid by owner, and all damages against the Association
are waived.
Section 7.11. Signs
(A) Permanent and Temporary Signs. No permanent sign
of any character shall be displayed upon any part of the
property except a sign bearing the name of the owner and/or
the street address without permission of the Association.
Said signs shall not exceed the dimensions of five inches by
twenty inches (5" x 20"). All temporary signs such as
builders' signs, realty signs, etc., shall be approved by the
Association. These signs should be placed in the center of
the Lot, outside the street right of way. Under no
circumstances may signs be nailed to trees or placed in the
Common Areas.
(B) Political Signs. All political signs are
restricted as follows: (i) Must be displayed indoors or
outdoors on individual Lots only; (ii) are limited to three
(3) in number; (iii) May have maximum dimensions of twenty-
four inches by twenty-four inches (24" x 24"); and (iv) are
prohibited no earlier than forty-five (45) days before the day
of the election and no later than seven (7) days after an
election.
(C) Sign Appearance. All signs must be clean, neat,
and maintained in good repair.
(D) Removal. Declarant and/or the Association shall
have the right to immediately remove and dispose of those
items in violation of this Declaration.
Section 1.12. Flags. No flag other than the United States
Flag or the State of North Carolina Flag shall be displayed upon
any part of the Property without permission of the Association.
Any United States Flag or the State of North Carolina Flag
displayed shall be: (i) not greater than four feet by six feet
(4' x 6' ) in dimension; (ii) displayed in accordance with or in
manner consistent with the customs set forth in 4 U.S.C. 55 5-
10, as amended; and (iii) displayed only on individual Lots, not
in Common Areas, easements, and/or rights -of -ways.
Section 7.13. Fences. The term "fence" shall include but
not be limited to, a wall, fence, landscaping, berm, or hedge
which acts as a fence or privacy or security -inducing structure.
No fence shall be allowed EXCEPT AS FOLLOWS: an Owner may
construct a "privacy partition" attached to and extending
rearward of the rear wall of a Dwelling Unit, but not to exceed
fifteen feet (15') rearward of the rear wall of the Dwelling
Unit and not to exceed six feet (6' ) in height. Such privacy
partition shall be constructed of a white vinyl material or such
other material as approved by the Architectural Committee.
Architectural Committee review requirements must be met prior to
construction of any privacy partition. IN ADDITION, a fence
shall be allowed on a Lot if it does not exceed six feet (6') in
height and if constructed of a white vinyl material, so long as
the design and placement shall be first approved by the
Architectural Committee. Any fence shall include a gate or
access, as approved by the Architectural Committee, which shall
provide access to the Association and any utility provider to
all portions of the Lot from 8:00 a.m. to 5:00 p.m. on weekdays.
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The Association shall retain the right, however, and any fence
construction shall be subject to such right of the Association,
to remove any fence in the event the Owner fails to maintain the
grounds and landscaping contained within the fence. In the
event the placement of any fence shall restrict the access of
the Association or any utility to any other Lot, the Owner
hereby grants to the Association or such utility an easement for
ingress, egress, and regress across all parts of the subject Lot
for the purpose of access to any other Lot.
Section 7.14. Automobiles; Other Vehicles. No stripped,
partially wrecked, junked or inoperative motor vehicles nor any
part thereof shall be permitted to be parked or kept on any
street or Lot. No automobile, other vehicle(s), motorcycle(s)
or other similar items shall be repaired or placed "on blocks"
or stands, except in an enclosed garage. No vehicle without
current license plates; vehicle over 7100 pounds empty weight,
boat; motor home; boat trailer; recreational vehicle or bus may
be parked overnight on any Lot.
Section 7.15. Driveways; Parking. All vehicles shall be
parked only on or at spaces designated by the Declarant or
Association. No parking shall be allowed on any portion of a
Lot. On -street parking is prohibited except for temporary,
short gatherings. The Association may designate additional
parking spaces from time to time and further regulate parking
from time to time.
Section 7.16. Window Appearance. All windows in each
Dwelling Unit shall contain white 2" wood or faux wood
plantation style blinds. In addition, all draperies or other
window dressings in each Dwelling Unit shall be white or off
white or in lieu thereof shall have a white lining.
Section 7.17. Clotheslines. Exterior clotheslines shall be
prohibited.
Section 7.18. Termite Contract Required. Each Owner shall
initiate and maintain a termite inspection and repair contract
on the Owner's Dwelling Unit. Said contract shall provide for
an annual inspection and shall provide for repair of the
structure in the event of damage by termites. The Owner shall
cause a copy of the contract and the renewal thereof to be
provided to the Association Treasurer at least annually and upon
request by the Association. The Association reserves the right
to subject any Lot to a termite contract and assess the cost
thereof against the Lot for which the contract is provided, or
alternatively, the Association may contract for a termite
contract on all of the units as a common expense.
Section 7.19. Rental of Dwelling Units. Owners may lease
their Dwelling Units, provided however, that any Tenant shall be
bound by the applicable restrictions contained in this
Declaration, By-laws and by Rules and Regulations enacted by the
Association, and by such reasonable restrictions on such rentals
as may be adopted by the said Board of Directors. The Board
shall have the right to limit or prohibit the rights of Owners
to use Common Areas during the period of rental to Tenants.
By acceptance of a deed to his Dwelling Unit, each Owner
empowers the Association or its designee, as his attorney -in -
fact, to bring a proceeding in summary ejectment to remove any
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Tenant who is in violation of the provisions of this
Declaration, the By -Laws, or any Rules and Regulations adopted
by the Board pursuant thereto. If leased, a Dwelling Unit must
be leased in its entirety, and may not be subdivided for this
purpose. Nothing contained herein shall be construed, nor shall
the Board be empowered to create a rental pool, to require the
employment of an exclusive rental agent, to fix rental rates, or
to require that Dwelling Units be made available for rent. All
leases shall provide a minimum effective lease term of thirty
(30) days without provisions for early termination, and a copy
of any rental management agreement and all leases shall be
provided to the Association.
The Association shall specifically have the powers to adopt
policies, and Rules and Regulations to implement policies,
relating to rental by Owners of Dwelling Units to Tenants,
either by Owners directly or by rental agents, and the use of
the common facilities by Tenants, including but not limited to,
the regulation of pets, trash pickup, access to Common Areas,
the number of occupants of a Dwelling Unit, the number of
vehicles permitted to be parked and where such vehicles may be
parked, the hours of use of the Common Areas, the number of
Common Areas guests allowed who are neither Owners nor Tenants,
the establishment of fees payable by Owners or Tenants to offset
the cost of providing passes or identification for Tenants, or
other administrative costs associated with Tenants. The Board
shall have the right to limit or prohibit the rights of the
Owners to use Common Areas during the period of rental to
Tenants.
ARTICLE VIII
MULTI -FAMILY DWELLING SPECIAL PROVISIONS
Section 8.1. Conveyance of Multi -Family Unit and
Encroachment Easements. Regardless of any provision in this
Declaration to the contrary, nothing shall prohibit or prevent
the conveyance of a part or portion of any Lot in order to
convey one separate living quarters residence of a multi -family
dwelling. Easements are hereby reserved, for the benefit of the
Declarant, its successors, and assigns and the Owner of any Lot,
upon any adjacent Lot or Common Area for the encroachment of all
or any portion of the common Party Wall of such Lot, any portion
of the roof overhang of any Unit and exterior walls and siding
of any Unit.
Section 6.2. Party Walls.
(A) General Rules of Law to Apply. Each wall which
is built as a part of the original construction of the
dwelling upon the Property and placed between the separate
living quarters of a multi -family Dwelling Unit shall
constitute a Party Wall, and, to the extent not inconsistent
with the provisions of this Section the general rules of law
regarding Party Walls and of liability for property damage due
to negligence or willful acts or omissions shall apply
thereto.
(B) Sharing of Repair and Maintenance. The costs of
reasonable repair and maintenance of a Party Wall shall be
shared by the Owners who make use of the Party Wall in
proportion to such use.
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(C) Destruction by Fire or Other Casualty. If a
Party Wall is destroyed or damaged by fire or other casualty,
any Owner who has used the Party Wall may restore it, and if
the other Owner(s) thereafter make use of the Party Wall, they
shall contribute to the costs of restoration thereof in
proportion to such use without prejudice, however, to the
right of any such Owner to call for a larger contribution for
the others under any rule of law regarding liability for
negligent or willful acts or omissions.
(D) Weatherproofing. Notwithstanding any other
provisions of this Section, an Owner who by his negligent or
willful act causes the Party Wall to be exposed to the
elements shall bear the whole cost of furnishing the necessary
protection against such elements.
(E) Right to Contribution Runs with Land. The right
of any Owner to contribution from any other Owner under this
Section shall be appurtenant to the land and shall pass to
such Owner's heirs and successors in title.
(F) Dispute Resolution.
(i) Board Decision. In the event of any dispute
between Owners arising or concerning a Party Wall, or
under any provisions of this Declaration, any Owner shall
notify the Board. The Board shall thereafter resolve the
dispute and the decision shall be binding on the Owners
of the Dwelling Units in the building. Alternatively, or
in the event the Board cannot resolve the dispute or
becomes deadlocked, the Board will choose an arbitrator
whose decision shall be binding on the Owners of the
Dwelling Units in the building.
(ii) Arbitration. Any controversy that shall be
submitted to arbitration shall be determined and settled
by an independent disinterested person (hereinafter
"Independent Arbitrator") appointed by the Board, and
such Independent Arbitrator shall resolve the controversy
in accordance with the terms of the Uniform Arbitration
Act, currently codified in North Carolina General Statute
Article 45A, 51-567.1, et seq. or any successor statutes.
The controversy as so determined shall be binding on the
parties. The cost of arbitration shall be borne equally
by the parties, except that each party will pay the cost
of its legal counsel and the costs of expert witnesses.
The place of arbitration shall be Jacksonville, North
Carolina.
Section 8.3. Roof Maintenance and Shared Roofs.
(A) Roof Construction and Maintenance. The
Declarant's intent is to construct, or have constructed, the
Dwelling Units in such a manner which will result in a
continuous roof between clusters of several adjoining Dwelling
Units. Each Owner shall be responsible for repairing,
restoring and maintaining that portion of the roof situated
solely upon his/hex/their Lot in substantially the same
condition it exists at the time of the original conveyance,
normal wear and tear excepted.
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(B) Sharing of Repair and Maintenance of Joint Roof
Area. The costs of reasonable repair and maintenance of that
portion of a roof shared by adjoining Owners shall be in
proportion to such use.
(C) Destruction by Fire or Other Casualty. If any
portion of a roof, shared by Owners, is destroyed or damaged
by fire or other casualty, any Owner whose Dwelling Unit is
benefitted by such roof may restore it, and if the other
Owners thereafter benefit from such restored roof, they shall
contribute to the costs of restoration thereof in proportion
to such benefit without prejudice, however, to the right of
any such Owner to call for a larger contribution from the
others under any rule of law regarding liability for negligent
or willful acts or omissions.
(D) Weatherproofing. Notwithstanding any other
provisions of this Section, an Owner who by his negligent or
willful act damages or destroys a portion of any roof which
benefits other Dwelling Units shall bear the whole cost of
repair or restoration.
(E) Right to Contribution Runs with Land. The right
of any Owner to contribution from any other Owner under this
Section shall be appurtenant to the land and shall pass to
such Owner's heirs and successors in title.
(F) Dispute Resolution.
(i) Board Decision. In the event of any dispute
between Owners arising or concerning a roof, or under any
provisions of this Declaration, any Owner shall notify
the Board. The Board shall thereafter resolve the
dispute and the decision shall be binding on the Owners
of the Dwelling Units in the building. Alternatively, or
in the' event the Board cannot resolve the dispute or
becomes deadlocked, the Board will choose an arbitrator
whose decision shall be binding on the Owners of the
Dwelling Units in the building.
(ii) Arbitration. Any controversy that shall be
submitted to arbitration shall be determined and settled
by an independent disinterested person (hereinafter
"Independent Arbitrator") appointed by the Board, and
such Independent Arbitrator shall resolve the controversy
in accordance with the terms of the Uniform Arbitration
Act, currently codified in North Carolina General Statute
Article 45A, §1-567.1, et seg. or any successor statutes.
The controversy as so determined shall be binding on the
parties. The cost of arbitration shall be borne equally
by the parties, except that each party will pay the cost
of its legal counsel and the costs of expert witnesses.
The place of arbitration shall be Jacksonville, North
Carolina.
Section 8.4. Damaged or Destroyed Dwelling Unit. In the
case of any damage to or destruction of a Dwelling Unit or any
part thereof, the affected Owner shall either (i) within sixty
(60) days, rebuild, repair, or restore those portions of the
Dwelling Unit that have been damaged and/or destroyed, or (ii)
take such action as is necessary to prevent the deterioration
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and damage to any adjoining Dwelling Unit(s), including removal
of any debris or unsightly conditions.
Section 8.5. Maintenance of Multi -Family Units.
Notwithstanding the provisions contained in this Article, the
exterior maintenance and repair shall be provided by the Owner
of each Lot. In the event any Owner fails to maintain or repair
his Lot and/or Dwelling Unit thereon, the Association shall have
the right to provide notice of the Owner's duty to maintain and
repair and designate specific items to be maintained and
repaired. If such maintenance or repair is not completed within
fifteen (15) days from the notice, the upon a meeting of the
Board, if the Board determines that the maintenance or repair
should be undertaken, then the Association shall have the right
to so undertake. The Association shall not have, however, any
obligation to undertake any such maintenance or repair. The
costs of the maintenance or repair shall be an assessment
payable by the Owner and against the Lot maintained or repaired
collectable as any other assessment.
General rules of law shall apply regarding liability for
property damage due to negligence or willful acts or omissions
and all such costs shall be allocated in relation to the person
who would be responsible for repair in the absence of the right
of the Association to maintain.
ARTICLE IX
STREET LIGHTING AGREEI4ENT
The Declarant and the Association reserves the right to
subject all, or any portion of the Property, to a contract with
an electric utility company for the installation of underground
electric cables and/or the installation of street lighting,
either or both which may require an initial payment and/or a
continuing monthly payment to an electric utility company by the
Owners.
ARTICLE X
RESTRICTIONS ON FURTHER SUBDIVISION
No Lot which has been designated as such by Declarant by
recorded plat shall be further subdivided or separated into
smaller Lots, without the prior written consent of the
Association. This restriction shall not apply, however, to
Declarant.
ARTICLE XI
STORMWATFR HhNAGENENT
Section 11.1. The following covenants and restrictions set
forth in this Section are intended to insure continued and
ongoing compliance with State Stormwater Management Permit
Number SWB-100901, as issued by the Division of Water Quality,
under NCAC 211.1000:
(A) State is Beneficiary. The State of North
Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater
Management Permit.
(B) Covenants to Run with Property. These covenants
are to run with the land and be binding on all persons and
parties claiming under them.
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(C) Amendments; Alterations. The covenants set forth
in this Article pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of
North Carolina, Division of Water Quality. Alteration of the
drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
(D) Maximum Built -Upon Area. The maximum Built -upon
Area ("BUA") per Lot is 774 square feet. This allotted amount
includes any built -upon area constructed within the Lot
property boundaries, and that portion of the right-of-way
between the front Lot line and the edge of the pavement. The
term BUA 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. A BUA in excess of the
permitted amount will require a permit modification.
(E) Construction; Runoff. The runoff from all BUA on
the Project must be directed into the permitted stormwater
control system. This may be accomplished through providing
roof drain gutters, which drain to the pond or to the street,
grading the Lot to drain toward the pond or street, or grading
perimeter swales and directing them into the pond or street.
(F) Permeable Surface Credit. If permeable pavement
credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive
approval prior to construction of BUA.
(G) Right of Inspection. Declarant, the Association,
the State of North Carolina and their respective successors
and assigns, reserve and retain the right to go upon any Lot
to inspect for the compliance of such Lot with the Permit and
to maintain, repair, replace and construct ditches and devices
necessary to insure that such Lot is in compliance with the
Permit.
ARTICLE XII
RESERVATION OF EASEMENTS BY DECLARANT
Section 12.1. Easements of Declarant.
(A) Easements. Declarant hereby reserves for itself,
its successors and assigns, and for the benefit of the
Association those easements for utility, sight and buffer
areas as well as any other easements, as shown on the recorded
Plat of any Lot and the following additional easements and
rights:
(i) A perpetual easement for ingress, egress,
regress, access, the installation and maintenance of
utilities, including but not limited to, water, sewer, gas,
telephone, electricity and cable television.
(ii) A blanket perpetual easement over each Lot
and right of way on, over and under the ground within a Lot
for the purpose of installing, maintaining, repairing and
replacing all utility service lines and systems including,
but not limited to, those for water, sewer, gas, telephone,
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electricity, cable television and garbage or refuse
collection and pick up.
(iii) A blanket perpetual easement over each Lot
and right of way on and over the ground within a Lot for
the purpose of ingress, egress, and regress for the purpose
of maintenance on any Lot and for the purpose of
maintaining the grounds and landscaping which may be
enclosed by a fence.
(iv) A four -foot (9') pedestrian ingress, egress,
and regress easement along the rear property lines of Lots
1, 2, 3 5 8 as shown on the recorded Plat.
(B) Easement to Correct Drainage. For a period of
two (2) years from the date of conveyance of the first Lot,
the Declarant reserves a blanket easement and right of way on,
over, and under the ground within a Lot to maintain and
correct drainage of surface water in order to maintain
reasonable standards of health, safety and appearance. Such
right expressly includes the right to cut any trees., bushes or
shrubbery, make any gradings of the soil, or to take any other
similar action reasonably necessary. Following such action
the Declarant shall restore the affected property to its
original condition as near as practical. The Declarant shall
give reasonable notice of its intent to take such action to
all affected Owners, unless in the opinion of the Declarant,
an emergency exists which precludes such notice. At the
expiration of such two (2) year period, said easement to
correct drainage shall automatically be held by the
Association.
(C) Encroachments. In the event any portion of a
Common Area encroaches upon any Dwelling Unit or any Dwelling
Unit encroaches upon a Common Area as a result of
construction, reconstruction, repair, shifting, settlement or
movement of any portion of the Property, a valid easement for
the encroachment and for the maintenance of same shall exist
so long as the encroachment exists.
(D) Association Maintenance. The Board and the
Architectural Committee, acting through the Association, its
officers, agents, servants and/or employees shall have the
right of unobstructed access at all reasonable times to all of
the Property as may be reasonably necessary for maintenance.
(E) Common Areas. Easements are also reserved over
those portions of the Common Areas, if any, that may be
necessary or required to accommodate overhanging eaves or
other cantilevered construction which may encroach upon the
Common Area or the air and light space above such Common Area.
(F) Grant to Others. The Declarant or Association
may grant permits, licenses, and easements over any Common
Area or utility easement reserved elsewhere for utilities,
roads or other purposes reasonably necessary or useful for the
Subdivision maintenance or operation of the Subdivision.
ARTICLE RIII
COMPLIANCE, ENFORCEMENT AND REMEDIES
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Section 13.1. Default and Remedies. A default in or
failure to comply with any terms, conditions, obligations, and
provisions of the Declaration, the Bylaws, Articles, or the
Rules and Regulations, as the same may be amended from time to
time, by any Owner or Resident, shall be grounds for relief that
may include, without intending to limit the same or to
constitute an election of remedies, an action to recover fines
and penalties as set forth in the Bylaws, sums due for damages,
an injunction, or combination thereof, which relief may by
sought by the Association, an aggrieved Owner, or by any person
or class of persons adversely affected. Also, if any Owner
fails to perform any obligation under the Declaration, Bylaws,
Articles, or Rules and Regulations, then the Association may,
but is not obligated to, perform the same for the Owner's
account, and for such purpose may enter upon the Owner's Lot or
Dwelling. Unit, may make necessary repairs, advance expenses or
other sums necessary to cure the default, and for such expenses
and costs may collect all such sums against the Lot owned by
such defaulting Owner.
Section 13.2. Suspension of Rights. The Association shall
also be entitled to suspend the right of the defaulting Owner to
vote as a member of the Association until the default is cured
and may suspend the voting rights of and right to use the Common
Areas of an Owner during any period in which such Owner shall be
in default in the payment of any assessment levied by the
Association. Such rights may also be suspended, after notice of
hearing as set forth in the Bylaws, for infraction of published
Rules and Regulations; but provided, however, that the right of
an Owner to ingress to and egress from his Lot shall not be
impaired.
Section 13.3. Remedy of Abatement in Addition to Other
Remedies. In the event an Owner fails to effect the cure
specified by the Board where the default is a structure, thing,
or condition existing in or on the premises of the Owner's Lot,
the Board, or its duly authorized representative, shall have the
right to enter upon the premises of the Owner's Lot in which, on
which, or as to which, such default exists, and summarily to
abate and remove, at the defaulting Owner's expense (and collect
the costs as if an assessment), the structure, thing, or
condition constituting the default, and the Board, the
Association, and their agents, employees, and representatives
shall not thereby be deemed guilty of any manner of trespass.
Section 13.4. Injunction. The Association, an aggrieved
Owner, or by any person or class of persons adversely affected,
is entitled to seek relief for any such default or failure and
may obtain a temporary restraining order, injunction or similar
relief, without first using the procedure established herein, if
such default or failure creates an emergency or a situation
dangerous to persons or property.
Section 13.5. Fines. Any Owner who shall violate the
Declaration, Bylaws, Articles, or Rules and Regulations may be
fined in an amount as set out by the Bylaws for each day of such
violation. Such fine shall be enforced and collected as an
assessment. Prior to the implementation of any -fine, or the
suspension of voting rights for the infraction of published
rules and regulations, a hearing shall be conducted pursuant the
procedure set out in the Bylaws.
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Section 13.6. Attorneys' Fees and Costs. In any
proceeding arising because of an alleged default by an Owner,
the person, class of persons or Association bringing the action
against an alleged defaulting Owner shall be entitled to recover
the costs of such proceeding and such reasonable attorneys' fees
and costs as may be allowed by the Court, with interest thereon
at the highest rate allowed by law.
Section 13.7. Waiver. The failure of the Association or
of any Owner thereof to enforce any term, provision, right,
covenant, or condition that may be granted by the Declaration,
Bylaws, Articles, or Rules and Regulations, as the same may from
time to time be amended, shall not constitute a waiver or
abrogation of the right of the Association or an Owner or other
person to enforce such term, provision, right, covenant, or
condition in the future, irrespective of the number of
violations or breaches thereof that may have occurred.
Section 13.8. Recovery of Fines and Expenditures. Any
fine, cost, or expense hereunder shall be recovered by the
Association as if an assessment lien.
ARTICLE X3:V
REMEDIES EXTENDED TO THE STATE OF NORTH CAROLINA
To ensure that this Subdivision is maintained consistent
with the laws of the State of North Carolina, the State of North
Carolina is specifically empowered to take such acts necessary
by and through its officers to enforce any of these covenants
against an Owner or the Association. The State of North
Carolina is specifically made a beneficiary of these covenants.
ARTICLE XV
MODIFICATION
Section 15.1. Addition of Property. The Declarant may
amend this Declaration in accordance with the provisions set
forth herein to add/annex additional property to this
Declaration.
Section 15.2. Amendment of Declaration. These covenants,
easements and restrictions are subject to being altered,
modified, canceled or changed at any time as to the Property as
a whole, or as to any subdivided lot or part thereof, by written
document executed by the Declarant or its successors in title
and by the owners of not less than sixty-seven percent (67%) of
the subdivided lots to which these restrictions then apply, and
recorded in the Office of the Register of Deeds of Onslow
County, North Carolina provided, however, that if the Declarant
owns sixty-seven percent (67%) or more of the subdivided lots,
the Declarant may alter or amend these covenants without the
consent of any other Owner. Notwithstanding the foregoing, the
covenants of this Declaration pertaining to stormwater
management may not be amended except as provided in Section
11.1(C) above.
ARTICLE XVI
RIGHTS OF MORTGAGEES
Section 16.1. Notice of Action. A holder or insurer of a
mortgage, upon written request to the Association (such request
to state the name and address of such holder or insurer and the
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description of the secured properties) will be entitled to
timely written notice of:
(A) Any condemnation or casualty loss that affects
either a material portion of the Project or the Lot or
Dwelling Unit securing its mortgage;
(B) Any sixty (60) day delinquency in the payment of
assessments or charges owed by the Owner of any Lot or
Dwelling Unit upon which it holds a mortgage;
(C) A lapse, cancellation, or material modification
of any insurance policy or fidelity bond maintained by the
Association; or
(D) Any proposed amendment to the Project instruments
effecting a change in the boundaries of any Lot or Dwelling
Unit, ownership of Common Areas, if any, the number of votes
in the Association pertaining to any Lot or Dwelling Unit or
any proposed change in the restrictive covenants on the
Property.
ARTICLE 7CVII
INSURANCE
Section 17.1. Common Areas. The Association, or its duly
authorized agent, shall have the authority to and shall obtain
blanket all-risk insurance for all insurable improvements on the
Common Areas. If blanket all-risk coverage is not reasonably
available then, at a minimum, an insurance policy providing fire
and extended coverage shall be obtained. The insurance shall be
in an amount sufficient to cover one hundred percent (100%) of
the replacement cost of any repair or reconstruction in the
event of damage or destruction from any insured hazard.
The Board shall also obtain a public liability policy
covering the Common Areas, the Association and its Members for
all damage or injury caused by the negligence of the Association
or any of its Members or agents. The public liability policy
shall have at least One Million and 00/100 Dollars
($1,000,000.00) single person limits as respects bodily injury
and property damage, a Three Million and 00/100 Dollar
($3,000,000.00) limit per occurrence, and a Five hundred
Thousand and 00/100 Dollar ($500,000.00) minimum property damage
limit.
Premiums for all insurance on the Common Areas shall be
common expenses of the Association. This policy may contain a
reasonable deductible, and the amount thereof shall be added to
the face amount of the policy in determining whether the
insurance at least equals the fill replacement cost. The
deductible shall be paid by the party who would be responsible
for the repair in the absence of insurance and in the event of
multiple parties, shall be allocated in relation to the amount
each party's loss bears to the total. Cost of insurance
coverage obtained by the Association for the Common Areas shall
be included in the Annual Assessment.
Section 17.2. Individual Dwelling Units. By virtue of
taking title to a Lot subject to the terms of this Declaration,
each Owner covenants and agrees with all other owners and with
the Association that each Owner shall carry a homeowners or fire
insurance policy which shall include public liability and
blanket all-risk casualty insurance on his Dwelling Unit(s) and
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Page 25 of 28
structures constructed thereon. Each Owner shall provide a copy
of the declaration page of the policy to the Association at such
time(s) as the Association may direct. Each Owner further
covenants and agrees that in the event of a partial loss or
damage and destruction resulting in less than total destruction
of structures situate upon his Lot, the Owner shall proceed
promptly to repair or to reconstruct the damaged structure in a
manner consistent with the original construction. In the event
that the structure is totally destroyed, the Owner shall elect
whether to rebuild within sixty (60) days of the loss. If Owner
determines not to rebuild or to reconstruct, the Owner shall
clear the Lot of all debris within ninety (90) days of loss and
return it to substantially the natural state in which it existed
prior to the beginning of construction. If the Owner fails to
so clear the Lot within ninety (90) days of the loss, the
Declarant or Association may do so and the cost shall be
assessed against the Owner of the Lot.
ARTICLE XVIII
TERM
The covenants, easements and restrictions set forth herein
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 this Declaration is recorded, after which
such time said Declaration shall be automatically extended for
successive periods of ten (10) years, unless an instrument
signed by sixty-seven percent (67%) of the then owners of the
lots has been recorded, agreeing to change any provision herein,
in whole or in part, with the exception of provisions regarding
stormwater collection.
ARTICLE XIX
DECLARANT'S RIGHTS
Section 19.1. Transferability. Any or all of the special
rights and obligations of the Declarant may be transferred to
other persons or entities, provided that the transfer shall not
reduce an obligation nor enlarge a right beyond that contained
herein, and provided further, no such transfer shall be
effective unless it is in a written instrument signed by the
Declarant and duly recorded in the county in which this
Declaration is recorded. Nothing in this Declaration shall be
construed to require Declarant or any successor to develop any
of the Property set forth in Exhibit "A" in any manner
whatsoever.
Section 19.2. Rights of Declarant. Notwithstanding any
provisions contained in this Declaration to the contrary, it
shall be expressly permissible for Declarant to maintain and
carry on upon portions of the Common Areas such facilities and
activities as, in the sole opinion of Declarant, successors and
assigns, may be reasonably required, convenient, or incidental
to the sale, re -sale, or rental of such Lots, including, but not
limited to, business offices, signs, model units, and
sales/rental offices. The Declarant shall have an easement for
access to such facilities and activities shall include
specifically the right to use residences owned by the Declarant,
if any, and any which may be owned by the Association.
The Declarant shall have the rights (i) to use or grant a
portion of the Common Areas for the purpose of aiding in the
- 25 -
Book: 3657 Page, 7977-Current: 698 Seq: 25
Book: 3657 Page: 698 Page 25 of 28

Page 26 of 28
sale, or rental, or management of Lots; (ii) to use portions of
the Property for parking for prospective purchasers or Tenants
of Lots and such other parties as the Declarant determines;
(iii) to erect and display signs, billboards and placards and
store and keep the same on the Property; (iv) to distribute
audio and visual promotional material upon the Common Area; and
(v) to use or permit to be used any Lot which it owns or leases
as a sales and/or rental office, management office or laundry
and maintenance facility.
So long as Declarant continues to have rights under this
Article, no person or entity shall record any declaration of
restrictions and protective covenants or similar instrument
affecting any portion of the Property without Declarant's review
and written consent thereto, and any attempted recordation
without compliance herewith shall result in such declaration of
restrictions and protective covenants or similar instrument
being void and of no force and effect unless subsequently
approved by recorded consent signed by the Declarant.
Section 19.3. Amendment. This provision may not be
amended without the express written consent of the Declarant;
provided, however, the rights contained in this provision shall
terminate at the end of the Development Period.
ARTICLE XX
GENERAL PROVISIONS
Section 20.1. Severability. Invalidation of anyone of
these covenants by judgment or Court Order shall in no way
affect any of the other provisions which shall remain in full
force and effect.
Section 20.2. Captions. The captions used in this
Declaration are inserted solely as a matter of convenience and
shall not be relied upon or used in construing the effect or
meaning of any of the text of this Declaration.
Section 20.3. Construction. Whenever the context so
requires, the use herein of any gender shall be deemed to
include the plural and the plural shall include the singular.
Section 20.4. Litigation. No judicial or administrative
proceeding shall be commenced or prosecuted by the Association
unless approved by a vote of seventy-five percent (75%) of the
membership and a majority of the Board of Directors. This
Section shall not apply, however, to: (i) actions brought by the
Association to enforce the provisions of this Declaration
(including, without limitation, the foreclosure of liens); (ii)
the imposition and collection of Assessments; (iii) proceedings
involving challenges to ad valorem taxation; or (iv)
counterclaims brought by the Association in proceedings
instituted against the Association.
This Section shall not be amended unless such amendment is
approved by the Declarant or is approved by the percentage votes
and pursuant to the same procedures necessary to institute
proceedings as provided above.
- 26 -
Book: 3657 Page, 1977-Current: 698 Seq: 26
Book: 3657 Page: 698 Page 26 of 28

Pope 27 of 28
IN WITNESS WHEREOF, the Declarant has caused this
instrument to be signed by its President, with authority duly
given by its board of directors, the day and year first above
written.
PARROT LANDING, INC., a North
Carolina corporation
By: L� / SEAL)
Gre aready, President
STATE OF NORTH CAROLINA )
) ss.
COUNTY OF ONSLOW )
I, the undersigned Notary Public of the County and State
aforesaid, certify that GREG MAREADY personally came before me
this day and acknowledged that he is the PRESIDENT of PARROT
LANDING, INC., a North Carolina corporation, and that by
authority duly given and as the act of such entity, he signed
the foregoing instrument in its name on its behalf as its act
and deed. _,,,,um,..
Witness my hand and Notaria
of2011.
My Commission Expires: J-lq.loi3
- 27 -
Book: 3657 Page, 1977-Current: 698 Seq: 27
Book: 3657 Page: 698 Page 27 of 28

Page 28 of 28
ER9]:92T "A"
BEING all of that tract or parcel of land as depicted on
that certain map or plat entitled "Final Plat: Parrot Landing
Subdivision, Phase I" as prepared by Bell & Phillips Surveying,
PLLC, dated 5/10/2011, and the same being recorded in Map Book
62, Page 51, Slide N-85, Onslow County Registry.
- 28 -
Book: 3657 Page, 1977-Current: 698 Seq:28
Book: 3657 Page: 698 Page 28 of 28

Page 1 of 5
Dot 10, 009434730003 TYPO: ,:Corded: 12/2l/20% at 03:28:02 PM
Fe: Amt: 00 Peg: 1 OT 9
Reb:CC: L. OPotlV.rd ,:q. of Deed:
BK3698 PG598-600
Prepared by / Mail to: Tantun 4 Humphrey, P.A.
Attorneys f Counselors at Law
604-C Cedar Point Boulevard
Cedar Point, North Carolina 28584
Index in the Grantor Index:
Parrot Landing Subdivision
Parrot Landing Homeowners Association, Inc.
Parrot Landing, Inc.
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
FIRST AMENDMENT TO THE MASTER DECLARATION OF
COVENANTS, RESTRICTIONS AND EASEMENTS
FOR
PARROT LANDING SUBDIVISION
THIS FIRST AMENDMENT TO THE MASTER
DECLARATION OF
COVENANTS, RESTRICTIONS AND EASEMENTS FOR
PARROT LANDING
SUBDIVISION (the "Amendment") is made this 21st
day of DECEMBER
2011, by PARROT LANDING, INC., a North Carolina
corporation (the
"Declarant").
W I T N E S S E T H:
WHEREAS, the Declarant has executed and caused to be
recorded the Master Declaration of Covenants, Restrictions and
Easements for Parrot Landing Subdivision as set forth in Book
3657, Page 698, Onslow County Registry (the "Declaration"); and
WHEREAS, Section 15.2 of the Declaration sets forth that
the Declaration may be amended at any time by written document
executed by the Declarant or its successors in title and by the
owners of not less than sixty-seven percent (67%) of the
subdivided lots to which these restrictions then apply, and
recorded in the Office of the Register of Deeds of Onslow
County, North Carolina; and
WHEREAS, the Declarant, by and through Class B membership,
constitutes greater than 67% of the aggregate voting interest;
and
WHEREAS, the Declarant wishes to amend the Declaration as
hereinafter provided.
NOW THEREFORE, for the mutual benefit of all Owners and
purchasers of Lots within the Subdivision, the Declarant hereby
declares that the Master Declaration of Covenants, Restrictions
and Easements for Parrot Landing Subdivision of record in Book
3657, Page 698 be amended as follows:
1. That Article VII, Section 7.5 shall amended and
hereafter read as follows:
- 1 -
Book: 3698 Page, 1977-Current: 598 Seq: 1
Book: 3698 Page: 598 Page 1 of 3

Pope 2 of 3
Section 7.5. Animals and Pets. No animals,
livestock, or poultry of any kind shall be kept or
maintained on any Lot or in any Dwelling Unit except
that, subject to: (i) restrictions contained below and
herein; and (ii) the Rules and Regulations as may be
promulgated by the Association, household pets may be
kept provided that said pet shall not exceed seventy
pounds (70 lbs) in weight and is not kept for breeding
or commercial purposes. Any permitted household pet
must be kept within the confines of the Owner's
Dwelling Unit except when being held on hand leash by
the pet owner of the animal. Any permitted household
pet shall not be allowed off the Lot of the Owner of
said pet unless said pet is attended and on a leash.
No household pet may be "staked", housed, tied up or
otherwise left unattended outside the confines of a
Dwelling Unit; provided, however, that, subject to the
Rules and Regulations and this Declaration, permitted
household pets may be kept within the confines of a
Lot by a fence constructed subject to, and in
accordance with, this Declaration, including, but not
limited to, Section 7.13 below. Owners shall be
solely and absolutely liable for the acts of any
permitted household pet kept on their Lot. The Owner
is required to pick up, remove and dispose of all
solid wastes of their permitted household pet in an
Association approved container and in such manner as
directed by the Association. Additionally, the right
of an Occupant to maintain an animal in a Dwelling
Unit shall be subject to termination if the Board in
its full and complete discretion, determines that
maintenance of the animal constitutes a nuisance or
creates a detrimental effect on the Subdivision or
Occupants. No dog house or other structure used or
intended for the housing or keeping of animals may be
constructed, placed or maintained on any part of the
Common Areas.
Notwithstanding anything contained in this
Declaration to the contrary, the following dog breeds
shall be specifically prohibited: Rottweiler,
Doberman, Mastiff, Bulldog, Pit -bull, Chow, and Wolf
Hybrids. In addition, the Association shall
specifically have the power and responsibility to
designate, based upon temperament, size, and/or nature
or tendencies, from time to time, a list of breeds of
animals which shall be prohibited on any Lot.
Furthermore, notwithstanding anything contained
in this Declaration to the contrary, any Inherently
Dangerous Animal shall be prohibited. "Inherently
Dangerous Animal" shall mean any non -domesticated
animal for which evidence demonstrates that
unprotected human contact with the species can result
in a life threatening injury or disease to those who
come into contact directly or indirectly. The
- 2 -
Book: 3698 Page, 1977-Current: 598 Seq: 2
Book: 3698 Page: 598 Page 2 of 3

Papa 3 of 3
following are examples of Inherently Dangerous
Animals, but shall not be deemed an exclusive listing:
Bats, wolves, wolf hybrids, lions, tigers, cheetahs,
jaguars, cougars, leopards, snow leopards, clouded
leopards, all hyena species, all bear species, all
apes, Old and New World monkeys and prosimians, all
elephant species, rhinoceros, hippopotamuses, gaur,
banteng, kouprey, anoa, Cape buffalo, all crocodilian
species, all helodermatidae species, green anaconda,
amethystine python, African rock python, reticulated
python, and all venomous snakes.
2. Restatement; Incorporation by Reference. All of the
terms, conditions, and rights reserved by the Declarant as set
forth in the Master Declaration of Covenants, Restrictions and
Easements for Parrot Landing Subdivision of record in Book 3657,
Page 696, Onslow County Registry are hereby restated and
incorporated by reference.
IN WITNESS WHEREOF, the Declarant has caused this
instrument to be signed by its President, with authority duly
given by its board of directors, the day and year first above
written.
PARROT LANDING, INC., a North
Carolina corporation
By: EAL)
eg Wreaay, President
++++++a+++++a+a+a+a+++a+++a++++as++++++++++++++++a++++aaa+a+++++
STATE OF NORTH CAROLINA )
) as.
COUNTY OF ONSLOW )
I, the undersigned Notary Public of the County and State
aforesaid, certify that GREG MAREADY personally came before me
this day and acknowledged that he is the PRESIDENT of PARROT
LANDING, INC., a North Carolina corporation, and that by
authority duly given and as the act of such entity, he signed
the foregoing instrument in its name on its behalf as its act
and deed..._
` o" r rH
itness��i ;h_and and Notarial stamp or seal, this du day
=sa AU8L�G Oc
nmissior7-Spires:1-)q.Za13 (h-.
J0,0` Not Public
n r,
a aaa+a aaaaa+++aa+a++a+++++aaaa+++a+aaaa+aa++aaaa++++a+++++++++a+
- 3 -
Book: 3698 Page, 1977-Current: 598 Seq: 3
Book: 3698 Page: 598 Page 3 of 3

LIST OF DEED TRANSFERS FROM PARROT LANDING, INC.
Lot#
Address
Grantee
Sale Date
DB
PG
SA
106
Parrot Landing
Dr
Moorefield, Cynthia
9/29/2011
3657
726-727
SB
104
Parrot Landing
Dr
Snow, Bryan & Tessa
4/13/2012
3760
819-820
1C
102
Parrot Landing
Dr
Colby, Bryant & Christina
5/14/2012
3796
24-25
11)
100
Parrot Landing
Dr
Caldas, Rodrigo
3/23/2012
3748
343-344
2A
116
Parrot Landing
Dr
McDonald, Bryan
7/19/2012
3815
326-327
2B
114
Parrot Landing
Dr
Herbert, Ryan & Emily
10/10/2012
3863
877-878
2C
112
Parrot Landing
Dr
Gullett, James & Chasity
9/20/2012
3853
230-231
2D
110
Parrot Landing
Dr
Martinez, David & Allyssa
7/27/2012
3821
244-245
2E
108
Parrot Landing
Or
Arrowood, Zachery & Haley
7/11/2012
3811
59-60
3A
124
Parrot Landing
Dr
Walker, Ashley
11/7/2012
3878
381-382
3B
122
Parrot Landing
Dr
Bernet, Pamela
1/11/2013
3915
316-317
3C
120
Parrot Landing
Dr
Widmer, Katelynn
10/17/2012
3867
306-307
31)
118
Parrot Landing
Dr
Morrill, Michael
10/19/2012
3868
594-595
4A
201
Toucan Way
Barlow, Patrick
12/30/2011
3703
423-424
4B
203
Toucan Way
Culbertson, Joshua & Courtney
6/3/2012
3825
609-610
4C
205
Toucan Way
Wooley, Joseph
3/6/2012
3738
84-85
4D
207
Toucan Way
Mancha, Marco & Jackeline
8/24/2012
3837
287-288
4E
209
Toucan Way
Whaley, Matthew
12/21/2011
3698
601-602
5A
211
Toucan Way
Chairez, Erik & Diana Gomez
4/4/2013
3961
370-371
5B
213
Toucan Way
Holderman, Ryan & Brooklynn
6/14/2013
4007
547-549
5C
215
Toucan Way
Marcotte, Dane & Tiffany
5/9/2013
3984
245-247
SD
217
Toucan Way
Stevenson, Robert & Kevin & Janice
1/29/2013
3923
773-774
6A
219
Toucan Way
Nelson, Caryl
7/12/2013
4025
924-926
6B
221
Toucan Way
Brokaw, Rachel
12/16/2013
4094
374-376
6C
223
Toucan Way
Caple, Christian & Shannon
2/17/2014
4114
962-964
6D
225
Toucan Way
Raben, William & Victoria
11/22/2013
4086
251-253
7A
227
Toucan Way
Reel, Alton & Crystal
3/3/2014
4121
141-143
7B
229
Toucan Way
Lettrick, Joel & Andrea
3/28/2014
4132
926-928
7C
231
Toucan Way
Bettis, Eric & Chelsea
2/28/2014
4120
164-166
7D
233
Toucan Way
Kielek, Thomas & Brittany
2/28/2014
4120
137-139
8A
200
Toucan Way
Keller, Nicholas
4/29/2013
3976
206-208
8B
202
Toucan Way
Burns, Tyler & Meranda
12/11/2012
3897
199-200
8C
204
Toucan Way
Adasavage, Ashley
6/14/2013
4007
320-322
SD
206
Toucan Way
Hooppell, Seth &Jennifer
11/30/2012
3890
805-806
Nov 0 6 2019

FKWA
NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
March 11, 2013
Mr. Greg Maready, President
Parrott Landing, Inc.
PO Box 1174
Swansboro, NC 28584
Subject: APPLICATION RETURN
Parrot Landing East Phase I
Onslow County
Dear Mr. Maready:
Natural Resources
John E. Skvarla, III
Secretary
iS
Cro-c-o. W�^1Q5�� a�pllc�{.
On March 11, 2013 the Division received an incomplete State Stormwater Management Application for the project
listed above. The application and check number 5905, in the amount of $505 are being returned because the
application package lacked the necessary elements to accept it for review. Please provide the following information
upon the next submittal of this application package:
1. New or Modification?: Is this a modification to SW8100901? It appears to be the same project with a
slightly different layout, but the application shows that it is a new project.
2. Shellfish (SA) Waters: I understand from the narrative that this project is subject to the SA requirements,
but the design does not show how it meets the "no discharge" requirements of SL2008-211?
3. Volume: The 1.5" volume calculations are provided, but I do not see the comparison to the lyr24hr pre/post
volume using the Simple Method?
4. Seasonal High Water Table (SHWT): The soil boring to determine the SHWT must be taken inside the
footprint of the BMP.
5. Drainage Area: Please show the drainage area on the plans.
6. Top of bank & buffer: Please label the TOB and the 50ft buffer of all surface waters. (If it is tidal, please
show the mean high water or normal high water line.)
7. 0&M: Please submit the original 0&M Agreement.
8. Applicant: Please list the applicant's title as President on the application.
Please visit DWQ's website at hfto://h2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms.
Please provide the requested information and return the package to the address below. Note that the 90-day
statutory permit review time begins upon receipt of a complete application.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91M01.63001FAX: [phone]DENRAssistance: l-877-623-6748 VoCarolina
Internet: www,ncwateroualiN.org

Maready
March 11, 2013
Page 2 of 2
If you have any questions, please do not hesitate to call me at [phone] or email me at
[e-mail].
Sincerely,
elly J hn
Environmental Engineer
GDS/kpj: S:IWQSIStormwatehPermits & Projects120131Application Returns12013 03 Parrot Landing East Ph1
cc: W. Randall Edens, PE
Wilmington Regional Office Stormwater File SW8100901
Wilmington Regional Office Stormwater File

Pago t of 28
IN111 I11 11®11181IN111
Doe ID: gr/2/2948230'?TCRP
Recorded: DB/2g/201021 at O1:S1:01 Ph
Fee low CAmt: oun60ty 6.00 Pa
onaNCge 1 of 28
Rebecca L. Pollard Rea. of Deeds
iw3657 po698-725
Prepared by / Mail to: Tantum 6 Humphrey, P.A.
Attorneys 6 Counselors at Law
604-C Cedar Point Boulevard
Cedar Point, North Carolina 20584
Index in the Grantor Index:
Parrot Landing Subdivision
Parrot Landing Homeowners Association, Inc.
Parrot Landing, Inc.
NOTICE: THIS DOCUMENT REGULATES OR PROHIBITS THE USE AND
DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA AND STATE OF
NORTH CAROLINA AND ALSO REGULATES OR PROHIBITS THE USE AND
DISPLAY OF POLITICAL SIGNS (SEE SECTIONS 7.11 S 7.12 BELOW].
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
MASTER DECLARATION OF
COVENANTS RESTRICTIONS AND EASEMENTS FOR
PARROT LANDING SUBDIVISION
THIS MASTER DECLARATION OF COVENANTS, RESTRICTIONS AND
EASEMENTS FOR PARROT LANDING SUBDIVISION (the "Declaration") is
made this 2.1 day of SEPTEA48ER 2011, by PARROT
LANDING, INC., a North Carolina corporation (the "Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the owner of a portion of, and may
acquire part or all of, a certain tract of land situated in
Swansboro Township, Onslow County, North Carolina, being more
particularly described on Exhibit "A" (the "Property" or
"Subdivision"); and
WHEREAS, Declarant is
subdivision which may include
benefit of the community, with
"Project"); and
constructing a residential
community facilities for the
single family townhouses (the
WHEREAS, Declarant desires to provide for the preservation
and enhancement of the property values and amenities within said
community and to provide for the maintenance of common areas,

Ni
Page 20 of 28
(C) Amendments; Alterations. The covenants set forth
in this Article pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of
North Carolina, Division of Water Quality. Alteration of the
drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
(D) Maximum Built -Upon Area. The maximum Built -upon
Area ("BUA") per Lot is 774 square feet. This allotted amount
includes any built -upon area constructed within the Lot
property boundaries, and that portion of the right-of-way
between the front Lot line and the edge of the pavement. The
term BUA 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. A BUA in excess of the
permitted amount will require a permit modification.
(E) Construction; Runoff. The runoff from all BUA on
the Project must be directed into the permitted stormwater
control system. This may be accomplished through providing
roof drain gutters, which drain to the pond or to the street,
grading the Lot to drain toward the pond or street, or grading
perimeter swales and directing them into the pond or street.
(F) Permeable Surface Credit. If permeable pavement
credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive
approval prior to construction of BUA.
(G) Right of Inspection. Declarant, the Association,
the State of North Carolina and their respective successors
and assigns, reserve and retain the right to go upon any Lot
to inspect for the compliance of such Lot with the Permit and
to maintain, repair, replace and construct ditches and devices
necessary to insure that such Lot is in compliance with the
Permit.
ARTICLE BII
RESERVATION OF EASEbMNTS BY DECLARANT
Section 12.1. Easements of Declarant.
(A) Easements. Declarant hereby reserves for itself,
its successors and assigns, and for the benefit of the
Association those easements for utility, sight and buffer
areas as well as any other easements, as shown on the recorded
Plat -of any Lot and the following additional easements and
rights:

State Stonnwater Management Systems
Permit No. SW8100901
'Parrot Landing Subdivision
Stoanwater Permit No, SW8 100901
Onslow County
ViDesigner's Certification
Page t of 2
I, Randall Edens , 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,
Parrot Landing Subdivision - Pond B
(Project)
for Greg Maready - Parrott Landing, Inc. (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification
Noted deviations from approved plans and specifications
Signature �_ _
Registration Number 24906
Date _--I-4Lt.512411_.__
Pace 8 or 4
SEAL
.'N CAfy
ZOPPOf Ess'6 .(� .
9(• Z•
SEAL y
024906
'• ;��ALL EO ,.

State Stormwater Management
Certification Requirements: Pond B Page 2 of 2
X 1 The drainage area to the system contains approximately the permitted
acreage.
X 2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
X 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
X 4, All roof drains are located such that the runoff is directed into the system.
X 5. The outletibypass structure elevations are per the approved plan.
X 6. The outlet structure is located per the approved plans.
X T Trash rack is provided on the outlet/bypass structure
X 8. All slopes are grassed with permanent vegetation
X 9 Vegetated slopes are no steeper than 3 1.
X 10 The inlets are located per the approved plans and do not cause short-
circuiting of the system.
X 11. The permitted amounts of surface area and/or volume have been
�— provided.
X 12 Required drawdown devices are correctly sized per the approved plans.
X13. All required design depths are provided
X 14 All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter
X 15 The required dimensions of the system are provided, per the approved
plan
cc NCDENR-DWO Regional Office
Onslow County Building Inspections
PanA A of A

State Stormwrater Management Systems
Permit No. SM t0090i
Parrot Landing Subdivision
Stormwater Permit No. SW8 100901
Onslow County
t� Designer's Certification
Page 1 of 2
I, Randall Edens , as a duly registered Professional Engineer in
the State of North Carolina, having been authorizzed to observe (periodically/weekly/full
time) the construction of the project.
Parrot Landing Subdivision - Level Spreader at Pond B
(Project)
for Greg Maready - Parrott Landing, Inc. (Project Owner) hereby state that. to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification
Noted deviations from approved plans and specifications,
i� SEAL
Signature_:
Registration Number 24UQ6
IIIIIIIIIIIM1I
Date 10115/2011 .•� GAgO''.,
felssloro
o +�
s ()24906
:, �•, P E�P,O�Zy
NG I_N
Pa0e 8 of 0

State Stormwater Management
Certification Requirements: Level Spreader at Pond B Page 2 of 2
X 1. The drainage area to the system contains approximately the permitted
acreage.
X 2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
X 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
NA a. All roof drains are located such thst the runoff is directed into the system.
X 5. The outlet bypass structure elevations are per the approved plan.
NA 6. The outlet structure is located per the approved plans.
NA 7 Trash rack Is provided on the outlet/bypass structure
X 8. All slopes are grassed with permanent vegetation.
X 9 Vegetated slopes are no steeper than 3 1.
X 10 The inlets are located per the approved plans and do not cause short-
circuiting of the system
X 11. The permitted amounts of surface area and/or volume have been
provided.
NA 12 Required drawdown devices are cor-ecty sized per the approved plans.
X 13. All required design depths are provided
X 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter
X _15. The required dimensions of the system are provided, per the approved
plan.
cc NCDENR-DWO Regional Office
Onslow County Building Inspections
Pane Q nr 9

f�
?arrot Landing Subdivision
Stormwater Permit No. SW8 100901
Onslow County
Designees Certification
State Stormwater Management Systems
Permit No. SW8 100901
Page 1 of 2
I, Randall Edens , 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.
Parrot Landing Subdivision - Pond A
(Project)
for Greg Maready - Parrott Landing, Inc. (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications
Signature Y1'f-_
Registration Number 24906
Date 10/1512011 _
Pane 8 of 9
SEAL
rs
SEAL
024906
QINEEQ'lG�y'
''•,gNDALL ��,,•••

State Stormwater
Certification Requirements: Pond A Page 2 of 2
X 1. The drainage area to the system contains approximately the permitted
acreage.
X 2 The drainage area to the system contains no more than the permitted
amount of built -upon area.
X 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
X 4. All roof drains are located such that the runoff is directed into the system.
X 5. The outletibypass structure elevations are per the approved plan.
X 6. The outlet structure is located per the approved plans.
X 7 Trash rack is provided on the outleUbypass structure.
X B. All slopes are grassed with permanent vegetation.
X 9 Vegetated slopes are no steeper than 3 1
X 1o. The inlets are located per the approved plans and do not cause short-
circuiting of the system
X 11. The permitted amounts of surface area and/or volume have been
provided.
X 12. Required drawdown devices are correctly sized per the approved plans.
X 13. All required design depths are provided
X 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
X 15 The required dimensions of the system are provided, per the approved
plan.
cc NCDENR-DWO Regional Office
Onslow County Building Inspections
Panty 4 of 4

Slate Stormwater Management Systems
Permit No. SW8 100901
6
•Parrot Landing Subdivision
Stormwater Permit No, SW8 100901
Onslow County
Designer's Certification
41
Page 1 of 2
I, Randall Edens . 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 Greg Maready - Parrott Landing, Inc. (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and Intent of the approved plans and specifications.
The checklist of items on page 2 of this form Is a part of this Certification.
Noted deviations from approved plans and specifications
� = i
Signature ""'
SEAL
Registration Number _Z49ke __
Date 10/15/2011 -- _
Paae H ni 9
N9
SEAL
024906
y

State Stormwater
Certification Requirements: Level Spreader at Pond A Page 2 of 2
X 1 The drainage area to the system contains approximately the permitted
acreage.
X 2. The drainage area to the system =ntains no more than the permitted
amount of built -upon area.
X 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
NA 4 All roof drains are located such that the runoff is directed into the system.
X 5. The outlet/bypass structure elevations are per the approved plan.
NA 6 The outlet structure is located per the approved plans.
NA 7 Trash rack is provided on the outlet/bypass structure
X 6 All slopes are grassed with permanent vegetation
X D. Vegetated slopes are no steeper than 3 1
X 10, The inlets are located per the approved plans and do not cause short-
circuiting of the system
X _ 11. The permitted amounts of surface area and/or volume have been
provided.
NA 12 Required drawdown devices are correctly sized per the approved plans.
X _13. All required design depths are provided
X 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
X _ 15. The required dimensions of the system are provided, per the approved
plan
CC. NCDENR-DWO Regional Office
Onslow County Building Inspections
pane A of 8

NCDENR.
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
April 1, 2011
Mr. Greg Maready, President
Parrot Landing, Inc.
PO Box 1174
126 Phillips Loop Road
Swansboro, NC 28584
Division of Water Quality
Coleen H. Sullins
Director
Subject: Approved Plan Revision
Parrot Landing Subdivision
Stormwater Project No. SW8 100901
Onslow County
Dear Mr. Maready:
Dee Freeman
Secretary
On February 21, 2011, the Wilmington Regional Office received a plan revision for
Stormwater Management Permit Number SW8 100901. The revisions include
modification of invert elevations of storm drainage pipe into forebay of Pond A. 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 add the attached plans to the previously approved plan sheets.
Please be aware that all terms and conditions of the permit issued on January 3,
2011, 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. The issuance of this plan revision does not preclude
the permittee from complying with all other applicable statutes, rules, regulations or
ordinances which may have jurisdiction over the proposed activity, and obtaining a
permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call
Georgette Scott or me at [phone].
Sincerely,
Steve G. Pusey
Environmental Engineer
GDS\sgp:
S:\WQS\STORMWATER\Permits & Projects\2010\ 100901 HD\ 2011 04 permit—pr 100901
cc: W. Randall Edens, PE — RSC Engineering, PLLC
Onslow County Building Inspections
Steve Pusey
Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1.877-623-6748 North Caro I i na
Internet: www amaterquality.org dVrrtrrrrrll�
An Equal Opportunity 1 Affirmative Action Employer

DWQ USE ONLY —
Date Received
Fee Paid (express only)Permit
Number
21_ �o i/
-�_SGv
8
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8100901
2. Project Name:
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
Parrot Landing, Inc.
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Greg Maready, President
5. Mailing Address for person listed in item 2 above:
FEB 21 2011
City:Swansboro State:NC Zip:28584
Phone: (910 ) 326-6511 Fax:
Email:[e-mail]
It. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
Modified invert elevations of storm drain pipe into the forebay on Pond A.
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the DWQ Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original & I copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (onhi available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
Initials
-5615
I, (print or hype name of person listed in General Infornmtion, item 3) Greg Alaready (Parrot Landing Sohdi vision) ,
certify that I have authorized these plan revisions and that the information included on this plan revision
application,is to the best f ' know ge, correct and complete.
Z/
Signature: n [J /l .o.�!"� y� Date: -Z/
Plan Revision Form Rev 13July2010 Page I of I

Date:
Rule(s) Subject (check all that apply): I Symbols for completing form: '✓'= Yes/OK ' X'= No/Deficient 'n/a' or T or'i
❑ 1995 Coastal ❑ 2008 Coastal ❑ Phase II ❑ Universal
Paperwork:
❑ Check for $505 (must be no older than 6 months)
❑ Application form with correct/original signatures (original plus 1 copy). If Corporation or LLC also:
o Print the info from the NCSOS
o Either, 1.) The applicant is listed on the NCSOS with fijs[her correct title or, 2.) A notarized letter of
authorization has been provided: ❑ 1Hl/'n`
Supplements (1 original per BMP). BMP type(s): AIJ V sty fJ
❑ O&M with correcUoriginal signatures (1 original per BMP, except level spreaders/filter strips and swales)
❑ Deed restrictions (if outparcel or subdividing) (original plus 1 copy)
o Deed restriction template (signed and notarized) or
o Proposed Declaration of Covenants and Restrictions (signed_and notarized)
❑ Soils report identifying the SHWT
❑ Supporting calculations, signed & sealed (if necessary)
❑ Receiving stream classification: If SA or ORW also-
l
o SA: USGS topo map with the site, the receiving waters and the Y::_mile radius shown to scale.
/'' o ORW:,,575 ft-of MHWL for,Area of Environmental Concern and max,BUA per rule.��
❑, Modifications:,1.j_If built:,Designer's�Cert,/2.) I{partially built: Partial Cert., 3)rlf_not'liuilt: No Cert. needed.
Development Type (check all that apply): '� /� �� j A� / j - i�J
❑ `Residential yor ❑ Commercial ( ❑ Deed restrictions match?
❑ Subdivision or ❑ Single Lot ❑ Deed restrictions match?
❑ High Density or ❑ Low Density ❑ Deed,restrictions match?
O Offsite project ❑ Redevelopment _ ❑ Modification /� /L 1(�,/Q Exempt<\/---j
❑ NCG02(bulkh66d)� ❑ NCG03 (clear/grade) ) ❑ NCG04 (linear) I �I l�
Density:/ /� J 0 (/\_%
❑ BUA calculations include common areas -clubhouse, sidewalks, etc.
❑ BUA %: Matches high/low density requirement for rule and receiving stream class.
❑ No obvious math errors
❑ If High Density: Design storm correct for rule.and receiving stream class. ,
Plans signed and sealed'(2 sets):" �( / ��- _
❑ ,Two sets received J[ '"❑ Layout.(with proposed BUA dimensions)
❑ Grading • � � " ❑ Drainage area map (all HD systems &curb outlet swales)
❑ Vicinity map ❑ Project Boundaries ❑ Legend
❑ Wetlands:
o Delineated on plans o "No wetlands onsite" on plans
❑ Details: ��
o Roads o Cul-de-sacs o Curbing ��, o Sidewalk
o BMPs/ Level spreaders/ Filter strips/ Curb outlet swales o ,Buildings (Apts or Condos)
Offsite Projects: n1 - )V )
❑ Designer's Certification has been submitted for the Offsite BMP receiving the runoff from.the project.
❑ Deed restrictions have been recorded and a copy submitted for the Offsite BMP permit. /
❑ Lot size has not changed from what was approved under the Master Plan. /
❑ Correct lot number is referenced on the supplement form.
❑ Offsite system is in compliance with its permit, if known.
Infiltration Projects: n
❑ Soils report: SHWT, soil type, and expected infiltration rate are provided. I
❑ DWQ has conducted a site visit? Date:
Wet Ponds: Permanent Pool Meets One of the Following:
❑ Is located no lower than 6" below the estimated SHWT.
❑ Incoming groundwater is quantified and evaluated, AND Storage volume verified, AND Outletevaluated for free
drainage to the receiving waters under SHWT conditions.
Decision (check one):
❑ Complete: Return file to admin (Jo Casmer) to log in. (Stamped in received date = BIMS date)
❑ Slightly incomplete: E-mail consultant, request information to be returned within one business day (24 hours after
request. Info requests on Friday, allow a return on the following business day). If info not returned, issue an
application return letter and give everything to admin. (Add info received date = BIMS date)
❑ Substantially incomplete: Issue an application return letter and give everything to admin.

Sonya Edens
From: Pusey, Steven [[e-mail]]
Sent: Wednesday, February 16, 2011 10:23 AM
To: Sonya Edens
Subject: RE: Parrot Landing
As discussed, you may go ahead with the construction as proposed. However, please send us a plan revision as soon
as possible.
Thanks,
Steve
From, Sonya Edens fmailto:sonva(o)rscenoineering.com1
Sent: Wednesday, February 16, 2011 9:24 AM
To: Pusey, Steven
Subject: Parrot Landing
Steve —
Per our discussion this morning, would you please review the attached proposed revisions and let me know
(verbally) if this is acceptable? If not, we will continue as is currently permitted. However, if this is reasonable, I will
proceed with the revision process and submit the appropriate paperwork, plans, etc. As I mentioned, the grading
contractors are onsite and I owe them an answer as soon as possible so I am not holding them up.
Thanks so much. My contact information is below— feel free to call if you have any questions or if the request is not
clear.
Sonya Edens, El
RSC Engineering, PLLC
16310 US Hwy 17
Hampstead, NC 28443
910-619-1737 (mobile)
910-270-9599 (office)
910-270-9592(fax)
Mineola PILC
ca'-�
REC �I VEli
FEB 21 2011

V4
Pusey, Steven
From: Sonya Edens [[e-mail]]
Sent: Wednesday, February 16, 2011 9:24 AM
To: Pusey, Steven
Subject: Parrot Landing
Attachments: Pond A - Proposed Change 001.jpg
Steve —
Per our discussion this morning, would you please review the attached proposed revisions and let me know (verbally) if
this is acceptable? If not, we will continue as is currently permitted. However, if this is reasonable, I will proceed with
the revision process and submit the appropriate paperwork, plans, etc. As I mentioned, the grading contractors are
onsite and I owe them an answer as soon as possible so I am not holding them up.
Thanks so much. My contact information is below — feel free to call if you have any questions or if the request is not
clear.
Sonya Edens, El
RSC Engineering, PLLC
16310 US Hwy 17
Hampstead, NC 28443
910-619-1737 (mobile)
910-270-9599 (office)
910-270-9592 (fax)
Engineering, PIIC
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