Saponas Point Covenants.H lic incLl iumM-nt. i:; Ix>i iiy i(.-
2�Q9 (] 3 y S DODK reo)rtld in order to add the
U u PAGE word " (SEAL) " and insert the
�1}' date on page 20. 'rhi.s the 4th
\ z 3 8 o Q 7 6 day Octo _r, 1996
;K-
STATE OF NORTH CAROLING
Steven H. MacCurry
COUNTY OF NEW HANOVER' Q^O(Qjrig�ina�]lDrappf(([[tsman
DECLARATION OF COVENANTS, CONDITIONS AND R88SSTPPICQ�RTIONA 3 48
of .^.ECORDED AND VERIFIED
OiD 141 MIRY S''I= OOTS �
SAPONAS POINTE REGISTER OF DEEDS
00�3 ! NEW HANOVER CO. NC
KN ALL NEN BY THESE.iPRESENTS:
M
That Saponos Pointe Investments, LLC a North Carolina Limited
Liability Company with its principal place of business in
Carolina Beach, New Hanover County, North Carolina being the
owner and developer of the property hereinafter referred to as
Saponos Pointe, in order to provide for a uniform, harmonious and
desirable development of said property so as to preserve it's
value and to protect the present and future owners thereof, does
hereby declare for itself, its successors and assigns, that the
following restrictions and covenants shall apply to Saponos
Pointe, New Hanover County, North Carolina.
t
1. DEFINITIONS:
As used in this Declaration of Restrictive Covenants, the
following terms shall mean:
A. "SPI" means Saponos Pointe Investments, LLC, the Owner and
Developer, and itz- successors and assigns.
B. "Developer" is used interchangeably with the term "SPI" to
refer to Saponos Pointe Investments, LLC, the Owner and the
Developer, its successors and assigns.
C. "Record or Recording" refers to record or recording with the
Register of Deeds for, F New Hanover County, North Carolina.
D. "Subdivision" means the portion of the property which has been
or is to be subdivided into residential lots.
E. "Property" generally means the lands known as Saponas Pointe
New Hanover County, North Carolina.
F. "Residential Lots" or "Lots" means those portions of the
property specifically allocated, platted and/or recorded, or to
be platted or recorded as lots for sale and/or used as single
family residences.
N
G. "Restrictions" shall mean the restrictions and covenants set
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CONDITION OF ORIGINAL DOCUIR MF
O.S.161-14
439'768
2083 0077 8e0;; PACE
2090 0346
forth in this Declaration of Covenants, Conditions and
Restrictions.
H. "Architectural Review Committee" shall mean the committee
established by these covenants to review all building plans and
site improvements plans, and to approve or disapprove the same in
accordance with the restrictions herein set forth and to perform
such other duties as aay be delegated or authorized herein. The
goal of the committee is to insure that all plans submitted for
review meet the criteria set forth in the design guidelines and
will be a compatible addition to the neighborhood.
The Architectural Review Committee consists of three members in
accordance with the Saponos Pointe Covenants, Conditions and
Restrictions; such members shall be appointed by the Developer
until the Directors of Saponas Pointe Homeowners Association are
authorized and empowered to direct and manage the Association.
The Architectural Review Committee members shall serve one year
terms.
I. "Association" shall mean and refer to Saponas Pointe
Homeowners, Inc. Its successors and assigns, as the same is
defined herein.
J. "Common Areas" are those areas retained by the Developer for
use by the Lot owners�t
2. APPLICABILITY:
These restrictions shall apply to the map of Saponas Pointe as
recorded on a Tz. 1996, in Map Book , Page of the
New Hanover Co my Registry.
3. RESERVATIONS•
I
Saponos Pointe Investments, LLC reserves unto itself, its
successors and assigns, a perpetual, alienable and releaseable
easement and right of'way on, over and under the ground to erect,
maintain and use electric and telephone poles, wires, cables,
conduits, sewers, water mains and other suitable equipment for
the purpose of providing electricity, telephones, gas, sewer,
drainage, water and other public conveniences or utilities to the
lot owners. Such rights may be exercised by any licensee of the
Limited Liability company, but this reservation shall not be
considered an obligation of the Limited Liability Company to
provide or maintain any such utility or service.
Saponos Pointe Investments, LLC further reserves unto itself, its
successors or assigns; drainage easements as may be shown and
depicted on the above::referenced map of Saponos Pointe
Subdivision, but the reservation shall not be considered an
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RECORD OF POOR DUALITY DUE TU
CONDITION OF ORIGINAL DOC'1MENT
G.S. 161-14
UUUG
209�1
PAGE
0347
obligation of the Limited Liability Company to pr&PAe or PAGE
maintain any such drainage easements.
4 BUILDING AND SITE I ROVEMENTS• 2 0 8 3 0 0 7 8
No building, fence, wall or other structure shall be erected,
placed or altered on Any residential lot, nor shall the grade or
elevation or physical characteristics of any lot or portion
thereof be altered in any way whatsoever, until the proposed
building plans, specifications, exterior colors and finishes,
site and grading plans ( showing the proposed location of such
building or structure, drives, parking areas and proposed
alterations to the grade, elevation or physical characteristics
of the site) and the construction schedule have all been approved
in writing by the Architectural review Committee. Refusal of
approval -f such plans, location or specification may be
based by the Architectural Review Committee upon any ground,
including purely aesthetic and environmental considerations, that
in the sole and uncontrolled discretion of the Architectural
Review Committee shall seem sufficient. Without prior written
consent of the Architectural Review Committee, no changes or
deviations in or from such plans or specifications as approved
shall be made. No alterations in the exterior appearance of any
building or structure; or changes in the grade, elevation or
physical characteristics of any lot shall be made without like
approval by the Architectural Review Committee. Five (5) copies
of all plans and related data shall be furnished to the
Architectural Review Committee. The Architectural Review
Committee shall not be responsible for any structural or other
defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications
5. THE ARCHITECTURAL REVIEW PROCESS•
I
A. Preliminary Conference.
Prior to the submission of plans to the Architectural Review
Committee, owners, builders and/or architects may request a
preliminary conference withy any member of the committee for a
preliminary review of`their design concepts and any special
conditions or hardships.
B. Plan Submission and Annroval_
t
Five sets of construction documents and the Architectural Review
Committee Applicationl�Form must be delivered to the Architectural
review Committee at least one week prior to the next scheduled
Committee meeting in order to be reviewed at that meeting. Owners
will receive written notification of the Committee's decision
within five (5) working days of the Committee meeting. If the
plans are approved by•the Committee, the owner will receive
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Ftrpar, OF POOR OUAUT'f DNE 10
C°=iplllo8 of ORIGIFAL D000MENT
S G.$.161.14
BOOK PACE
�083 0079
notification of the approval along with one set of plans b90ing
the Committee's seal. jIf the plans are not aa&flor if� h
plans are approved subject to conditions, the owner will c4 e
notification as to the reason for denial or conditions. Owners
are invited to contact any Committee member to discuss changes to
the plans that may lead to Committee approval. All plans approved
by the Committee are 'y"alid for twelve (12) months. A majority
vote of the Committee;,is sufficient to approve or disprove of
plans. Any plans proposed by a Lot owner to the Architectural
Review Committee under the proper procedure are deemed approved
if they are not ruled1upon within thirty (30) days after
submission to the Architectural Review Committee.
r
C. Site Inspection.
A site inspection by a member of the Architectural review
Committee is required ;prior to clearing any lot. The purpose of
this inspection is to. insure compliance with the approved plans,
to verify tree removals, and to insure protection of trees to
remain.
Prior to requesting an inspection the owners shall clearly stake
the property corners, ihouse corners, patios, walks and driveways.
All trees outside the.;.house and driveway stakes that are to be
removed are to be ribboned individually or in groups.
To request a site inspection, the lot owner shall contact the
Architectural Review ;:ommittee at the offices of Saponos Pointe
Investments, LLC. Inspections will be made within two (2) working
days of the request. Tf the site is approved, the Committee
representative making ithe inspection will sign the Site
Inspection of the Architectural Review Committee Application
form.
D. Changes During Construction.
If changes to an approved plan become necessary during
construction, a written request describing the proposed change
should be submitted to the Architectural Review Committee. The
review process for these requests shall be the same as that for
new construction. However, minor changes to an approved plan may
be approved by the Chairperson of the Committee in lieu of a full
Committee review. The -Committee Chairperson will determine if a
proposed change is minor or if a full Committee review will be
required. The applicant will be notified within five (5) working
days of meeting with the Chairperson as to approval or
disapproval of the pr.riposed change.
E. Final Inspection.
A final inspection of all homesites is required upon completion
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209U Q349
of all construction and landscaping to verify plan compliance.
The owner shall follo� the same procedures for requesting a final
inspection as for sitr inspections. The committee representative
making the final inspection will sign the Final Inspection
Section of the Application Form completing the architectural
review process.
d
F. Enforcement. p
The architectural design criteria and review process have been
developed to encourage good design and preservation of
neighborhood values. Therefore, any construction which occurs
which has not been approved by the Architectural Review Committee
will be considered a violation of these Restrictive Covenants,
and all legal and equItable remedies available to the Developer
or the Saponas Pointe; Homeowners Association will be pursued.
11
G. Required Construction Documents.
1. Site Plan at scale of 1" = lo'.
2. Foundation Plan at a scale of 1/4"
3. Floor Plans of a scale of 1/4" = 110"
4. Building Elevation a scale of 1/8" = 1'0" or greater.
5. Landscape Plan at a scale of in = ion.
6. DESIGN STANDARDS:
A. Setbacks.
Since the establishment of standard inflexible building setback
lines for the location of houses on lots tends to force
construction of houses directly to the side of other houses with
detrimental effects on privacy, views, preservation of important
trees and other vegetation, ecological and related
considerations, no specific setback lines are established by
these restrictions. In order to assure, however, that the
foregoing considerations are given maximum effect, the
Architectural Review Committee reserves the right to control and
approve absolutely the site and location of any structure upon
any lot.
B. Drainage
Extensive lot grading is prohibited unless authorized by the
Architectural Review Committee as it destroys vegetation and can
be visually disruptive to the natural character of the land.
Individual lot drainage shall be planned to direct surface runoff
to streets, drain inlets, and/or natural drainage channels with
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0081 2090
PAGE
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minimal grading. Flat! areas may require subsurface drainage
solutions. Directing runoff to adjacent lots is prohibited.
C. Utilities.
Where possible utilities in Saponas Pointe have been installed
underground with the exception of transformers and junction
boxes. These above ground facilities have been located at lot
lines to he as inconspicuous as possible. Owners are required to
incorporate landscape' screening around these facilities to reduce
their visual impact.
7;
HVAC compressors and •lectric meters should be screened from view
from the street and adjacent lots with plant materials, walls or
fencing. Exterior telr.vision and radio antennas are not permitted
and should be installed in attics. Satellite dishes, solar
collectors and other utility structures are required to be
screened from view and must be specifically approved by the
Architectural Review Committee on a case by case basis. All
utilities installed by lot owners must meet all state and local
codes.
D. Driveways and Walks.
Driveways should be designed to allow vehicles to back out of
garages, turn and head out into the street whenever possible. All.
lots shall accommoda;:e parking for two cars in addition to the
garage. Parking areas shall be screened with landscape materials
whenever possible. Driveways on each lot shall be constructed of
black or dark gray concrete, brick asphalt, exposed aggregate or
other material approved by the Architectural Review committee.
Walks should be a minimum of 44" in width. They shall be located
a minimum of 48' from ,house walls.
E. Building Design.
I
1. Building Size'
Only single family dwellings will be allowed. The inclusion of
attached guests quarters shall not be considered a violation of
this restriction. No one story dwelling containing less than
2,000 square feet of heated floor space will be allowed on any
lot in the subdivisior}. No two story dwelling containing less
than 2,400 square feet of heated floor space will be allowed on
any lot in the subdiYision. No three story dwelling containing
less than 2,800 square feet of heated floor space will be allowed
on any lot in the sub4ivision.
i4
2. Architectural 'styles.
G
A variety of architectural styles will be represented in Saponas
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^FCI Rr OF P002 QUA11iT DUE TO
MNnF ;" GF 05IGUiAI DOCUMENT
G.S.161-14
BOOT: PACE
0 8 j 0 0 8 2 3°01' PACE
209U 1
Pointe when the neighborhood is completed. It is the intent 3of
the Architectural Review Committee to allow for individual
preferences of archit�acturai styles that will compliment each
other and the neighborhood as a whole. The design for each lot
shall consider the natural site characteristics and its immediate
surroundings.
3. Exterior
In keeping with the negighborhood image of compatible
architectural styles, Ithe exterior materials and colors shall
also compliment the surroundings. obtrusive or inappropriate
colors and materials which would draw undo attention to specific
buildings are not allowed. owners are required to submit color
samples with the Architectural Review Application.
Approved exterior materials are brick, stucco, stone, natural
wood and vinyl.
4. Entry.
a
The primary entrance -o the home shall have a sense of prominence
that differentiates i`_ from other entrances to the house. It
shall be sheltered on the exterior and have prominent single or
double doors and detailing which is consistent with the
architectural style o- the home.
5. Roofs.
Roof materials may be(wood shakes or wood shingles, asphalt
shingles rated 300 pounds or more, slate, or standing metal seam.
Colors which are compatible with the facade and are harmonious
with the surroundings shall be used. Roof vents and accessories
shall not be located on the front elevation and shall be painted
to match the roof color. Gutters shall match the fascia trim
color or gutters shall be copper. Down spouts shall match the
exterior wall trim or shall be copper. Flue pipes are required to
be cased in a chimney, enclosure which matches exterior wall
materials. Flat roofs .are not allowed.
u
6. Patios, Terraces and Decks.
Outdoor living areas ;hall be constructed with materials and
colors which are compatible with the exterior materials and
detailing of the home. Railings should be designed to insure
safety and remain consistent with the architectural character of
the home. Patio and terrace surfacing materials shall be
concrete, stone or pacers.
7. Garages.
A detached or attached garage for not less than two (2) cars must
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2 0 8 0 0 8 3 Boor, PAGE
2090 0352
be constructed on each lot in the Subdivision at the time of
construction of the p imary dwelling located thereon. Side or
rear loading garages,rre preferred but not required. Driveways
serving front loadingishall have an offset in their alignment to
impede direct views into the garage. Landscape materials should
also be used to screen garage door views from streets and
adjacent lots. I
F. Fences and Walls.
Fences and walls shall be compatible with the architectural style
of the house and shall be used primarily for screening and
defining outdoor space. Walls, fencing or landscape materials are
required to screen RVAC equipment and trash receptacles.
Perimeter fencing around the entire lot is discouraged. Walls and
fences should maintain a reasonable scale to the house and shall
neither block desirable views nor negatively impact adjacent
lots. Walls shall be constructed of the same materials and color
as the home exterior. 'Split rail, chain link or welded wire
fencing is not allowed. Pet pens, dog runs, etc. must be screened
from adjacent streets%and lots.
G. Exterior structure
All accessory structures (storage buildings, gazebos, detached
decks, fuel tanks, etc.) Must be approved by the Architectural
Review Committee. Any.structure which is not a visual asset to
the lot will require screening from streets and other lots.
H. Landscape.
Landscape plans shall?be designed to integrate the house with the
natural characteristics of the lot in a pleasing visual
composition.
k;
Landscapes shall be planned to incorporate natural lot features.
No tree larger than 10" in diameter may be removed from any lot
without prior approval of the Architectural Review Committee.
Each lot owner shall maintain the landscape of each lot such that
the landscape remains healthy and attractive.
I. Exterior Lighting.
All exterior lightingtshall be installed so as not to disturb
neighbors or impair vision on adjacent streets. Colored lights
are prohibited.
J. Recreational Equipment, Clotheslines and Recreational
Vehicles.
Children playground equipment or other recreational equipment
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2083
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PAGE
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shall be restricted to rear yards with
and adjacent lots minimized. Brightly
prohibited unless they can he screened
streets. Wood playsets that blend with
are preferred.
2090 0
visibility from streets
colored playsets are
from adjacent lots and
the natural surroundings
Clotheslines are not 311owed unless they can be screened from
view from streets and adjacent lots.
Motorhomes, campers, boats and other recreational vehicles and
equipment shall be placed on lots so as not to be visible from
streets and shall not block desirable views or negatively impact
adjacent lots. Landscape screening or fencing are allowed to meet
this requirement.
K. Mailboxes.
In order to maintain consistent streetscape and neighborhood
image, a specific mail box design has been developed for Saponas
Pointe. No other mail'rbox type is allowed.
L.
No sign may be ere�¢sa
sale signs without the
Committee. 'i
Signs.
M. Common Areas.
a^ lot other than standard real estate
consent of the Architectural Review
Common areas are retained by the Developer with an easement for
use and enjoyment by all lot owners. Upon establishment of a
Homeowners Association the common areas shall be deeded to the
Homeowners Association. Either the Developer or the Homeowners
Association may promulgate rules and regulations regarding the
use of the Common Areas by the Lot Owners.
7. CONSTRUCTION GUIDELINES:
In the interest of safety and
environment for residents and
have ben developed for Saponas
activities.
r
A. General Regulations.
I. Completion schedule.
an appealing neighborhood
visitors, construction guidelines
Pointe to control all construction
All construction must, completed within twelve (12) months of
the actual initiationiof construction. Landscaping in accordance
with the approved landscape plan must be completed within six (6)
months of occupancy. ,,k
9
BOOK PAGE
2083 0085 Ba°1 PAGE
2090 0354
2. Builder Requirements.
C
All builders of residences in Saponas Pointe must be licensed by
the State of North Carolina. A North Carolina Residential
Builders License is the minimum licensing requirement.
3. State and Local Code Compliance.
All construction must comply with state and local codes.
4. Construction entrance.
In order to control sediment a gravel construction entrance for
each lot is required. vehicular access to lots during
construction should be restrictQd to a , A_•
,.wive in the same
location as the permanent driveway. During construction, this
entrance shall be surfaced with at least four (4) inches of
gravel starting at the back of the street paving and extending
twenty five (25) feet. The minimum width of the construction
entrance is twelve (IF) feet.
5. Signs. .,
The General Contractot, Architect, Mortgage Company and Real
Estate Broker may post identification signs which are approved by
the Architectural Review Committee on lots during the
construction phase. Subcontractor and product identification
signs are not allowed. No individual sign may exceed nine (9)
square feet in area and must be set back at least fifteen (15)
feet from any street. No sign shall be nailed to a tree.
6. Working Hours.
Working Hours for al'_,_construction activities are:
is
Monday through Ftiday - 7 AM to 7 PM.
Saturday - 8 AM vo 5 PM
Sunday - 9 AM to-5 PM
(Limited to construction activities that do not generate
noise levels which disturb residents, painting,
wallpapering, cleaning, etc.)
7. Conduct of Workers.
The conduct of all workers is the responsibility of the General
Contractor. Loud vehicles, radios, tape players, etc. which can
disturb residents will not be tolerated.
B. Before Constructioh.
1. Plan Approval and Site Inspection.
10
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208P 0086_ PAGE
r �00U 0355
No lot clearing or other construction activities may begin until
the Architectural Review Committee has reviewed all plans and has
completed the site inspection. The committee is to be notified
when construction has begun.
2. Permits and Fees.
rr
Builders are responsible for obtaining required building permits
and paying the associated fees prior to beginning any
construction activities.
4
3. Temporary Facif'lities.
a
Each building site shall have a job toilet for the workers. It
must be set back at least twenty five (25) feet from any street
in an inconspicuous location. The door must face away from the
street and any existing residences. A commercial dumpster is
required for each job. site and must be set back at least twenty
five (25) feet from the street. Temporary power poles shall be
installed plum and shall not be used for posting signs. Split
fences and other erosion control devices shall be installed prior
to any grading activities. Construction office trailers and
storage facilities must be approved by the Architectural Review
Committee.
4.Tree Protection.
The existing trees on the site are one of the neighborhood's most
valuable assets. All hardwood trees 6" and greater and all pines
12' or greater are considered and should not be damaged during
construction activiti=s except for those trees which necessity
requires to be removed due to their location on or near the
building site as approved by the Architectural Review Committee.
"Snowfencing' or other enclosures are required around the drip -
line of individual trees and tree groupings which are to be
preserved to reduce root compaction and other physical damages.
C. During Construction.
1. Site Maintenance.
The General Contractor is responsible for insuring that the job
site is maintained in a neat and clean manner at all times.
Materials must be stored within the property lines maintaining a
clear street right of -way. Adjacent lots and Common Areas may of
be used for access or materials storage. Construction equipment
shall be kept on the site and off the street. Vehicles parked on
the street shall not impede the safe traffic flow. Washing of
vehicles (concrete trucks, etc.) Shall occur on site and not in
the street. excess concrete shall not be dumped on adjacent lots,
Common Areas or street right of ways.
pIOFFOO"fin ��
11 CON,)1,1ONGF111t 0
7
209U U356 BOOK
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2083 0087
2. Tree Protection.
No vehicles shall be larked or materials stored inside the
protective fencing ardund the dripline of protected trees.
Cleaning paint brushes or dumping of any construction cleaning
solvents inside the fencing is prohibited. No boards or signs
shall be nailed to any tree.
3. Sedimentationl,and Erosion Control.
Streets shall be kept; free of mud, silt and debris from
construction traffic. Sedimentation and erosion control
facilities on the lotshall be maintained so that they function
properly. ,
D. After Construction.
1. Clean up.
Upon completion of all construction activities all building
debris shall be removed from the site and surrounding areas.
2. Temporary Facilities.
All temporary facilities and identification signs shall be
removed upon completion of construction activities.
3. Final Inspection by Architectural Review Committee.
Upon completion of all construction activities, clean up and
removal of temporary facilities, a final inspection by to
Architectural Review Committee shall be requested. If landscaping
has not been installed, a conditional final approval of
construction may be granted pending completion of the landscaping
within six months.
8. RESIDENTIAL USE:
A. All lots shall be used for residential purposes exclusively.
No home or business occupation shall be permitted.
B. No trailer, tent or other structure of a temporary character
shall be placed on any lot at any time. This prohibition shall
not apply to shelters used by the Contractor during the
construction of the main dwelling house. It must be clearly
understood that these latter temporary shelters may not at any
time be used as residences or permitted to remain on the lot
after completion of the construction. This restriction will not
apply to boat trailers or travel trailers if approved by the
Architectural Review Committee.
9. MAINTENANCE.
BOOG PAGE
2083 00 03s7
2090 0 3 5 7 ;
A. It shall be the responsibility of each lot owner to prevent 1
the development of any unclean, unsightly or unkempt conditions I
of buildings or grounds on such lot which would tend to
substantially decrease the beauty of the neighborhood as a whole
or the specific area..
B. No noxious or offensive trade shall be carried on upon any
lot, nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance, or nuisance to the
neighborhood. There sall not be maintained any plants or animals
nor device or thing oz any sort whose normal activities or
existence are in any way noxious, dangerous, unsightly,
unpleasant or of other nature as may diminish or destroy the
enjoyment of other property in the neighborhood by the owners
thereof.
10. VIOLATIONS•
In the event that any owner shall fail or refuse to keep such
premises free from weeds, underbrush or refuse piles, and
unsightly growth or objects, the Architectural Review Committee
shall designate someone to enter unon such lands and remove the
same at the expense of the owner, and such entrance shall not be
deemed trespass. In the event of such removal, a lien shall arise
and be created in favor of the Architectural Review Committee for
the full amount of the cost thereof chargeable to such lot,
including collection costs. Such amounts shall be due and payable
within thirty (30) days after the owner is billed therefore. Such
lien shall be enforceable by court proceedings as provided by law
for enforcement of liens; however, said lien shall be assessed
against the owners anA not run with the land unless the same is
specifically filed asia claim of lien as by law provided.
11. HOUSEHOLD PETS: 't
No horses, cattle, swine, livestock poultry or animals of any
kind shall be raised,.:. boarded or kept on any lot except dogs,
cats and any household pets which may be kept provided that they
are not kept, boardedior maintained for any commercial purpose.
12. SIGNS: L`
No sign or billboard or any description shall be displayed on any
lot, other than private name plates or signs for identification
of the residents, and -shall be constructed of not more than two
(2) square feet. Signs advertising the property "FOR RENT" or
"FOR SALE" shall be nq'' t more than five (5) square feet.
F.
13. SUBDIVIDING:
13 1c 1i
2083 0089 Boor PAGE
2090 0358
No lot shall be subdiLided or its boundary lines changed except
with the prior writt.. consent of Saponos Pointe Investments, 1
LLC. However, SaponosPointe Investments, LLC hereby expressly I
[reserves to itself, i s successors or assigns, the right to
replat at least any two (2) or more lots shown on the recorded
plat of the subdivision in order to create a modified lot or
lots; and to take such steps as are reasonably necessary to make
such replatted lot suitable and fit for the building site, said
steps to include, but not limited to the relocation of easements,
walkways and right of way to conform to the new boundaries of
said replatted lots, provided that no lot originally shown on the
recorded plat is reduced by more than twenty (20) percent from
its original size.
14. ENFORCEMENT
In the event of a violation or breach of any of these
restrictions by any lot owner, agent of such owner, or Saponos
Pointe Investments, LLC, the owner of any lot in Saponas Pointe,
the Saponas Pointe Homeowners Association, or any of the above
jointly or severally: :shall have the right to proceed at law or
equity to compel a coihpliance with the terms hereof, or to
prevent the violationtor breach. In addition to the foregoing,
Saponos Pointe Investaents, I.LC shall have the right, whenever
there shall have been built on any lot any structure which is in
violation of these restrictions, to enter upon such property
where such violation exists and summarily abate or remove the
same at the expense of the owner if after thirty (30) days
written notice of such violation which shall not have been
corrected by the owner. Any such entry and abatement or removal
shall bot be redeemed!.a trespass. The failure to enforce any
right, reservation, restriction, or condition herein contained,
however long continued, shall not be deemed a waiver of the right
to do so thereafter as to the same breach, or as to a breach
occurring prior or subsequent thereto, and shall not bar or
affect its enforcement.
15. EASEMENTS OF ACCESS AND OPEN SPACE
A. Each and every lot owner is hereby granted an easement
to pass over, use andl;enjoy open spaces now or subsequently
designated on recorded plats as community open space, roads,
bridges, and rights -or -ways, provided, however, that Saponos
Pointe Investments, LLC, its successors or assigns, shall retain
the right to establish rules or regulations for the use and
enjoyment of all such property; and provided further that all
such rules and regulations shall be subject to the approval of
the Architectural Review Committee.
B. The Developer reserves the right to erect and maintain
utilities, drainways and other public conveniences in common
lands, including the right to cut any trees, bushes or shrubbery,
14
111U[
2 0;�8 3 0 0 9 0 Boot;
w' PAGE
II ?nnrl make any gradings in the soil, build buildings or tag 8a�y9 �
similar action reasonable and necessary or desirable to provide 1
economical and safe i"stallation of service. Such rights may be I
exercised by a license of the developer.
16. COMMON AREAS AND -HOMEOWNERS ASSOCIATION
A. owners' Easement of Enjoyment.
Every owner shall have a right and easement of enjoyment in and
to the Common Area which shall be appurtenant to and shall pass
with the title to every Lot, and upon conveyance of the Common
Areas to the Homeowner's Association, subject to the following
provisions:
1. The right of the Association to zuGpz .d the voting rights
and right to use the recreational facilities by an owner for any
period during which any assessment against his Lot remains
unpaid, and for a period not to exceed 60 days for any infraction
of its published rules and regulations;
2. The roadways shall remain private roadways, and the
Developer and the Homeowners Association are prohibited from
transferring the roadways to a government agency. Carolina Power
and Light Company or its assigns are relieved from the
requirement of moving the utility cables from the roadway's
right-of-way.
3. The Homeowners Association shall keep and maintain
liability insurance in such coverages as they shall deem
sufficient.
Any owner may delegate, in accordance with the By -Laws, his right
of enjoyment to the Common Area and facilities to the members of
his family, his tenants, or contract purchasers who reside on the
property.
17. MEMBERSHIP AND VOTING RIGHTS OF THE SAPONAS POINTE
HOMEOWNERS ASSOCIATION:
A. Every owner of a Lot which is subject to assessment
shall be a member of the Saponas Pointe Homeowners Association.
Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment.
B. The Members of the Association shall have one vote per
Lot owner within Saponas Pointe.
C. The Developer or his heirs and assigns shall file with
the Secretary of State of t- �_rZte of North Carolina the
appropriate legal documents in order to incorporate Saponas
15
t
800F: PALL
O00ti PAGE
Zoss oosi 2a o
f' 0360
Pointe Homeowners Association, Inc. The purpose of the
Association shall be to maintain the Common Areas for the benefit
of all Lot owners within Saponas Pointe and to appoint members of
the Architectural Review Committee. The Association may be
created at any time but not later than when the Developer has
conveyed eighty percent (80%) of the lots within Saponas Pointe.
18. COVENANTS FOR MAINTENANCE ASSESSMENTS:
A. Creation of the Lien and Personal Obligation of
Assessments.
The Declarant, Saponos Pointe Investments, LLC, for each lot
owned within the Properties, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefore, whether or not it
shall be so expressed `in such deed, is deemed to covenant and
agree to pay to the Association:
1. Annual assessments or charges, and
hi
2. Special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided. The annual rTand special assessments, together with
interest, costs, and reasonable attorney's fees, shall be a
charge on the land anti shall be a continuing lien upon the
property against which each assessment is made. Each such
asscss=cnt, t;:;get..er fiith interest, costs, and reasonable
attorney's fees, shall also be the personal obligation of the
person who was the Owner of such property at the time when the
assessment fell due.
B. Purpose of Assessments.
The assessments levied by the Associate: n shall be used
exclusively to promote the recreation, health, safety, and
welfare of the residepyts in the Properties, and for the
improvements and maintenance of the Common Areas of Saponas
Pointe. The Association shall adopt a budget annually to provide
for such matters and the assessment shall be determined by the
amount of such budget:
f
C. Annual Assessment.
The annual assessment for each calender year shall be
established by the Board of Directors, and may be increased by
the Board of Directors for any calender year without approval by
the membership by an amount not to exceed ten percent (10%) of
the maximum annual assessment of the previous year. The maximum
annual assessment for any calender year may be increased without
limit by a vote of two thirds (2/3) of the members who are voting
in person or by proxy at a meeting called for this purpose.
f'
16
BOOK PAGE uuull; PACE
20 3 0092 2090 0361
a
D. Special Assessments for Capital Improvements.
r
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 of in part, the cost of any construction,
reconstruction, repailk or replacement of a capital improvement
upon the Common Area or roadways and right of ways, including
fixtures and personal 1. property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of the
votes of members who are voting in person or by proxy at a
meeting duly called for this purpose.
E. Notice and Quorum for Any Action Authorized Under
Section 18 Paragraph D.
written notice of any;.meeting called for the purpose of taking
any action authorized -'under Section 18 Paragraph D shall be sent
to all members not less than 30 days nor more than 60 days in
advance of the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast sixty percent
(60%) of all the votes of the membership shall constitute a
quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the
required quorum of the subsequent meeting shall be the members
present at such subsequent meeting. Unless otherwise provided, a
majority of votes by members present or by their proxies shall be
sufficient to approve matters properly before the Homeowners
Asociation Meeting. No such meeting shall be held more than
sixty (60) days following the preceding meeting.
F. Uniform Rate of Assessment.
Both annual and special assessments must be fixed at a uniform
rate for all Lots and, may be collected on a monthly basis.
G. Date of Commencement of Annual Assesments/Due Dates.
The annual assessmentl provided for herein shall commence on
January 1, 1997, as to Lots conveyed by the Developer. A Lot
shall not be subject to the annual assessment until it is
conveyed by the Developer. Until the formation and creation of
the Saponas Pointe Homeowners Association, the assessments shall
be billed by; collected, and held in trust by the Developer.
Upon creation of the association, the funds held by the Developer
shall be accounted for and paid the the Association. The Board
of Directors, or initially the Developer, shall fix the amount of
the annual assessmenttiagainst each Lot at least thirty (30) days
in advance of each annual assessment period. Written notice of
the annual assessment -shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of
Directors, and the Board of Directors shall have the authority to
? 17
-.E
BOOK PAGE 800!; PAGE
20'P3 0093 209U 0362
require the assessmen to be paid on pro-rata monthly
installments. The Association shall, upon demand and for a '
reasonable charge, furnish a certificate signed by an officer of
the Association setting forth whether the assessments on a
specified Lot have been paid.
H. Effect of Nonpayment of Assessments: Remedies of the
Association. "
Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at the rate of 30
percent per annum. The association may bring an action at law
against the owner personally obligated to pay same, or foreclose
the lien against the property. No owner may waive or otherwise
excape liability for the assessments provided for herein by non-
use of the Common Aref or right-of-way, or by non-use of his lot.
I. Subordination of the Lien to Mortgages.
The lein of the assessments provided for herein shall be
subordinate to the liem of any first mortgage or deed of trust.
Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or Transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof shall extinguish
the lien of such assessments as to payments which became due
prior to such sale oz.transfer. No sale or transfer shall
relieve such Lot froml'liability for any assessments thereafter
becoming due or from the lien thereof.
19. ABSENCE OF DEDICATION TO PUBLIC USE:
Nothing in these restricitions, nor in the recording of any plat
or deed pursuant hereto, shall dedicate (or be deemed to
dedicate) to public use any of these streets, bridges, common
lands or other ground* within Saponas Pointe.
20. INVALIDATION:
K
The invalidation by any Court, agency or legislation of any
provision in these restrictions shall run with the land and shall
in no way effect any of the other provisions of these
restricitons, but the.same shall remain in full force and effect.
21. COVENANTS RUN WITH THE LAND:
All covenants, restrictions and affirmative obligations set forth
in these restLctions'shall run with the land and shall be
binding on all purchasers of lots in said subdivision, their
successors and assign, until January 1, 2007, after which time
all said covenants shall automatically be extended for successive
periods of to (10) years, unless an instrument signed by a
18
1d11-4ti'Ci4iiii )
:'i-iA
of lots, has b
siad covenants
22. RIPARIAN RIGHTS
Y,
The Developer shall retain the riparian rights to the entire
subdivision until such time as a CAMA permit is issued for the
construction of a Boat Facility, the Boat Facility is constructed
and a Boat Facility Association is formed. In the event that the
necessary approvals tq construct the Boat Facility are not
obtained the Developer shall retain the riparian rights. The lot
owners shall execute any and all documents required as part of
the Boat Facility permit process, including but not limited to a
notarized declaration acknowledging that the riparian rights have
been retained by the Developer, his heirs, successors or assigns.
SPECIAL PROVISIONS CONCERNING BOAT FACILITY
As of the date of this Declaration, the Pier has not been
constructed and there(is no Boat Facility. Declarant does and
shall have no obligation whatsoever to build the Pier and
establish the Boat Facility or the Boat Facility Access Area.
However, in the eventthat Declarant does construct the Pier and
establish the Boat Facility, the Boat Facility will be subject to
the exclusive jurisdiction and control of the Boat Facility
Association; provided, however, that the Declarant may (but
shall not be obligated to) grant to the Association an easement
over the Boat Facility Access Area, if any, established by
Declarant, which easement will become a portion of the Common
Area, for the purpose3of providing all Owners (including those
who are not Boat Slip. -Owners) with pedestrian access to the Boat
Slip Area, and for the purpose of providing Boat Slip Owners with
pedestrian and vehicular access to the Boat Facility. The Pier
and other improvements that are a part of any such Boat Facility
will be reserved for the use and benefit of all Boat Slip Owners,
and their guests and._invitees, and members of their families, but
not for the use and benefit of the Owners or of the general
public. Each Boat Slip Owner will be entitled to the exclusive
use of the space adjacent to the Pier comprising his Boat Slip,
to the exclusion of all other Boat Slip Owners. However, each
Boat Slip Owner shalltbe entitled to temporarily tie up a boat to
the Pier, as space is available outside the Boat Slips, and to
use the Pier for other purposes not inconsistent with the use
thereof by the other Boat Slip Owners for the mooring of their
boats. i
In the event that Declarant constructs the Boat Facility, and
sells licenses to utilize Boat Slips to Owners, Declarant
intends (but is not obligated) to form the Boat Facility
Association. If the Boat Facility Association is formed, each
Boat Slip Owner shall Ibe required to be a member thereof and only
uuus� PAGE
2083` 0095
2090 0364
Boat Slip Owners and the Declarant shall be allowed to be members
thereof. Declarant also intends (but is not obligated) to record
a declaration of cove ants, conditions and restrictions with
respect to the Boat Facility similar in form to this Declaration
and to cause the Boat Facility Association to adopt bylaws
similar in form to the bylaws of the Association. All use of the
Boat Facility by the Boat Slip Owners shall be subject to such
rules and regulations as are promulgated by Declarant, or by the
Boat Facility Association, from time to time. Such rules will,
in all events, include limits on all boats using the Pier or Boat
Facility as specified in the LAMA permit. The Boat Facility
Association shall, at; its sole cost and expense, operate,
maintain, repair, rep�ace, and reconstruct the Boat Facility.
The Boat Facility Association, at its option, may, but shall not
be obligated to, purchase casualty insurance with respect to
bodily injury or death or property damage arising out of use by
the Boat Slip Owners of the Boat Facility. Each Boat Slip Owner
may, should it so desire, purchase such coverage in his own name
at his own expense. The Boat Facility Association shall assess
all such costs and expenses, including the premiums of any such
insurance purchased, among the Boat Slip Owners on a uniform
basis.
No party other than an Owner, Declarant, or the Boat Facility
Association may own a boat slip. In the event that an Owner
sells his Lot, such Owner may transfer his license for a Boat
Slip only to the purchaser of his Lot, to another Owner., to
Declarant, or to the Boat Facility Association. Such a selling
Owner may not retain the license to his Boat Slip, nor may he
transfer his license for a Boat Slip to any party not owning a
Lot, other than Declarant or the Boat Facility Association.
IN WITNESS THEREOF, Saponos Pointe Investments, LLC, has caused
this instrument to bee,executed by its proper offices this the lath
day of September 1996 —
SAPONOS POINT/E INVEST*ENTS, LLC (SEAL)
By: I i�
(SEAL)
Manage
STATE OF NORTH CAROLIIA
COUNTY OF
I`��eclar si a Notary public for said County and State,
do hereby certify that Steven H. MacCurry personally appeared
before me this day and acknowledged that he is a Manager of
Saponos Pointe Investments, LLC and that by authority duly given
20
CONOrtIOBfrF!'r;�r,� il�:...�:t6�
i
BOOK PAGE
208'3 0096
2090 0365
and as the act of the';Limited Liability Company, the foregoing
instrument was executed.
Ibis the 18th pay of September, 1996, /
/a//3/q
STATE OF NORTH CAROLTNA
New Hanover County
7Le Foregoin Annexed Ccnifimtc(s) of
a
Notary (Nolaries) Public is/ are cafi6ed
to be correct..(J
n-
IA.Y_
Sue ls, a 'sl (deeds
by
f1FC( FtR DT riy.• r', .q�ITY On TO
21 CONDITICYC ^i:il'b"61AEMI
DVVh I..o-
2090 0366
STATEMENT OF EXPLANATION
THIS INSTRUMENT IS BEING RE -RECORDED IN ORDER TO ADD THE I
WORD "(SEAL)" ADJACENT TO "SAPONOS POINTE INVESTMENTS, LLC" AND
"THE SIGNATURE OF ITS MANAGER STEVEN H. MACCURRY" ON PAGE 20 AND
TO INSERT ON PAGE 20 THE DATE ON WHICH THIS INSTRUMENT WAS
EXECUTED BY STEVEN H. MACCURRY WHICH WAS THE 18TH OF SEPTEMBER,
1996.
THIS THE YDAY OCTOBER, 1996. ``��//7//"7````✓✓'��''
STEVEN MACCURRY
ORIGINAL DRAFTSPEPSON
This explanation statem97 ogether with the attached
instrument duly recorded at o'clock P.m. this the `f
day of October, 1996 in the Book and Page shown on the first page
hereof.
MARY SUE OM
NBEN O'NTY REGISTER OF DEEDS
\,DEPUTY/6"P{ REGISTER OF DEEDS
R`. RCEO AND VERIFIED
NARY SUE O^TS
REGISTER OF DEEDS
NEW HANOVER CO. NCu'
'96 OCT 4 PM 4 21
FEX CEO AND VERIFIED
RESTS ER OF
/ NEW HANOVER CO. NC
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CERTIFICATE OF ACCURACY AND MAPPING
------------------------------------
I, JONATHAN L. WAYNE, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY DIRECTION
AND SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, THAT
THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURES IS
1:20409.LL +, THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN
LINES THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS
AMMENDED. � F✓T
WITNESS MY HAND AND SEAL THIS (a DAY FPS• _ 19J.`o
NOR7NG
_ SA
JONATHAN L WAYNE RLS L-3391
I CERTIFY THAT THIS SURVEY DES CR A SUBDIVISION OF LAND IN NEW
HANOVER COUNTY
w
JONATHAN L WAYNE RLS L-3391
NORTH CAROLINA, Vwurs ir-I(_ COUNTY
oT�
�I �D
1, A NOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID, CERTIFY THAT
`
JONATHAN L WAYNE A REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFORE
to
ME THIS DAY AND ACKNOWLEDGED XECUTION OF THE FOREGOING INSTRUMENT.
ti bi 4-f 7-9(o
Abn. �G Ct
NOTARY PUBLIC: � �,QA, W,-
t
� M
MY COMMISION EXPIRES: Oil a 5 rfY�-A1
CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
NORTH CAROLINA, COUNTY
THE FOREGOING CERTIFICATE OF NOTARY
PUBLIC IS CERTIFIED TO BE CORRECT. FILED FOR REGISTRATION THIS
DAY OF 19
O'CLOCK AND DULY RECORDED IN MAP BOOK
PAGE
BY:
CERTIFICATE OF OWNERSHIP, DEDICATION, AND JURISDICTION
AT_
I (WE) HEREBY CERTIFY THAT WE ARE, AUTHORIZED AGENTS OF THE OWNERS OF
THE PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I (WE) HEREBY ADOPT
THIS PLAN OF SUBDIVISION WITH MY (OUR) FREE CONSENT, ESTABLISH THE MINIMUM
BUILDING LINES, AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS,
CONSERVATION SPACE, AND OTHERS TO PUBLIC OR PRIVATE USE AS NOTED.
ALL ROADS, AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLIC UTIUTY
PURPOSES, FURTHER,I (WE) CERTIFY THE LAND AS SHOWN HEREON IS
LOCATED WITHIN THE SUBDIVISION JURISDICTION OF NEW HANOVER COUNTY.
D-AT94/f e ^1{ "' e
DATE t
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