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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 1-1 1 RECORD OF POOR QUALT1Y DUE 10 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 .1 t _ 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 3 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 t 4 Rr�l n of rn�g ODAIm DUE iD ODCJI1FY1 6 2086 0080 BOOK PAGE 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 :Ai 2083 PAGE B00i, 0081 2090 PAGE 0350 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 6 ^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 �,rar, eVE co .jw 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 rrvco nr f p+ p ptlmliT1 DUE TO cmra�l^ GF IMIGNI brcuiim I;I.Ti 2083 LI PAGE BOOK PAGE 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 ' ;JUU;; 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 PAGE 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 / Z C o O � W O Q Z J !— O O U W OW O W T ct LL1 Z Q z 0 Q 9, 439769 Q_ T O CL '96 COT 4 Pal 4 22 ^Q^ l ca � N O � U OD N � ZO jjT't Z -- U -J OQD cW Q Q UQZ .. �UO2 o Q O ZooUCL Ci W 'm CL w cn J Q Q L O ~ a z I� �Q6 �w2 W 2 0 vML LL 0 �l F< Y I OF O W N w N 0.0020 m w o ZNw„ r }owv A. mz<- <Mao oo�1�� �-y VjO>U t I; j OO o < aaa w0 � «JrO INWm0< z I Z O W Z Z a l a JJol.w O I , V m w a 1 F< W R J U I U<a�< twit i-E vo < <13 OJV+� o ON < O I J_ �O _ y� I ZS > r IaWO tom 2l<fD �ZNWZ I Z wNNN W Z W :O 1W�~ e vl i� N rd A.N OD v O� VU A (A N D :O m D N In c> O z S O O O O 0) 0 O T7 D O x In � a m C-) 9 O InIn � In Z C z In O N m m { In O 00 In O O Al O tp Z O a O x m D r r 0 cn n Z In I*m N O O O n O j Inf fP 3 r z zn mm 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 h ! 2� ! t4t.5