Brittany Woods & Brookside Coastal Carolina - Sec 3ENGINEERING & FACILITIES
C. ED HILTON, JR., P.E.
Director
WYATT E. BLANCHARD, P.E.
County Engineer
February 4, 1988
MEMORANDUM
NEW HANOVER COUNTY
ENGINEERING AND FACILITIES DEPARTMENT
414 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
TELEPHONE (919) 341-7139
TO: Sam Burgess/Pete Avery
Planning
FROM: Jim Crai C -
RE: Subdivision Review
S.D. 350 Southeast Harbour (Final) - Monuments/castings are not
in place. We need surety or placement to final.
S.D. 325 Brittany Woods (All Sections) Final - Reduce surety on
Sections 1, 1A, 2 to 2,000.00 to cover Section3 will require
12,900 as shown on estimate. Total $14,900.00
S.D. Congleton Property (Sketch Plan) - Sewer will be required.
and 30' easements.
S.D. Duck Head Section 1 (Final) - Sewer will be required.
S.D. 990 McAllister Division (Minor) - Need easement 30' along
run of ditch. No other objections.
S.D. 172 Cedar Landing (Final) - Improvements not complete
road, seeding, monumentation. We need surety to final. Sewer
is not complete.
S.D. 391 Dutch Square Lot lA ( Minor) - No objections, retain
present surety until I am notified of maintenanced erosion
controls. Sam, we need to look at conservation.
I
S.D. 113 Hidden Valley Redivision (Minor) - No Objection.
S.D. 325 Brittany Woods (Surety Reduction) - Retain $3,000 to cover 4 monuments
and castings and ditch work. Release other moneys.
S.D. 305 Rocky Run (Surety) - Release Total ($250.00)
S.D. 357 Gorman. (Revised Preliminary) - No Decision as of yet.
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S.D. 329 D.H. Estates (Final) No Objection. c L&Io7- FE DC<10 i7 13Y Cd',Wr/
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January 25,1988
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Coot Estimate for Dzitcuoy Woods, section 2
Aupbalt 3000yards-@ $3'50................................ .^..,,,,,..,¢l8,500.00
4 monuments at $28U,O0................................................ 800.00
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Fifie`Qru6iu8 6 seeding ................................................ 1,600.00
Al2`900,00
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SUBJECT DATE
MESSAGE
PLEASE REPLY BELOW
DATE SIGNED
DETACH AND RETAIN YELLOW COPY
STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS
BRITTANY WOODS, SECTION 3
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, COASTAL CAROLINA DEVELOPERS, INC.,
(hereinafter CCD) a North Carolina corporation is the owner of
all of the interest and equity in that certain tract of land
known as BRITTANY WOODS, SECTION 3, and it is the desire of the
undersigned, to ensure the use of said property for attractive
residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot owner the full
benefit and enjoyment of his home with no greater restriction
upon the free and undisturbed use of his lot than is necessary to
ensure the same advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant, agree
and declare to and with all persons, firms or corporations now
owning or hereafter acquiring any property in BRITTANY WOODS,
SECTION 3, that all of the lots in said subdivision as shown on a
map recorded in Map Book at Page of the New Hanover
County Registry, are hereby made subject to the following rest-
rictions as to the use thereof, running with the land by whomso-
ever owned, to -wit:
1. All lots in said Subdivision shall be known as single-
family residential lots, and shall be used for residential
purposes only, except that Developer reserves the right to
convert any of the lots shown on said map into a street right of
way.
2. No improvement shall be erected, altered, placed upon,
or permitted to remain on any lot other than one detached single-
family dwelling with garage for not more than two cars. No such
garage shall be more than one story in height and shall never be
used for living quarters of any kind, either for guests, members
of the family or servants, and the construction or maintenance of
so called "garage apartments" on any lots is expressly pro-
hibited. Detached garages and storage buildings may be permitted
with the written consent of the Developer, so long as the design,
materials and construction are in keeping with that of the main
structure on said lot.
3. The building plans for all improvements to the lots in
this subdivision must first be approved by the Developer. If
plans are submitted for approval to an officer, nominee or
successor to CCD and after a period of twenty days from the
delivery thereof, the person or corporation so delivering the
plans has not received either approval, disapproval or request
for modification of the plans, then the plans shall be deemed to
be approved so long as the improvements, dwelling or structure is
in general conformity with the other improvements, dwellings and
structures in the subdivision.
4. No dwelling shall be located on any lot (except lots
fronting on a cul-de-sac) nearer than 50 feet from the front
street line (35 feet from the front street line for lots fronting
on a cul-de-sac). Further, no dwelling shall be permitted nearer
than 10 feet to any side lot line, except as may be expressly
permitted in writing by the Developer, and which are permitted by
New Hanover County zoning, subdivision or other ordinances that
may from time to time exist. No other structure shall be permit-
ted on any lot nearer than 5 feet to any side lot line. If the
owner of two or more adjoining lots shall elect to use them for
one residence, the boundary line or lines between the lots so
used shall not be regarded as side boundary lines of the lots.
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 26402-0147
In computing the front set back and the distances between dwel-
ings on adjoining lots, measurements shall be from the base or
ground level of the building or structure, and neither overhang
of eaves, not in excess of three feet, nor the establishment of
uncovered stoops or steps within the setback area, shall be
considered a violation of this covenant. In the event of unin-
tentional violation of any of the building line restrictions
herein set forth, the undersigned reserves the right to change
such restrictions accordingly; provided, however, that such
change shall not exceed ten percent (10%) of the marginal re-
quirement of the building line restrictions existing as to such
lot.
5. No dwelling erected on any of the lots shown on said
map as aforesaid shall have less than 1700 square feet with
attached two car garage, or a minimum of 1850 square feet without
a garage, when measured by exterior foundation, which square
footage shall be exclusive of porches, steps, walks, garages,
carports, storage areas, etc.
6. The Developer reserves for itself, its successors
and/or assigns an easement and right at any time in the future to
grant an easement or right of way under, over and along the side,
rear and front property lines of each and every lot in the
subdivision described herein, for the installation and main-
tenance of poles, lines, cables, conduits, pipes and other
equipment necessary to or useful for furnishing electric power,
gas, telephone service or other utilities including water and
sewer service, and for drainage.
7. No culvert or pipe shall be placed in any street or
road, ditch or drain unless it in all respects meets the stan-
dards set by the governmental authority having jurisdiction over
the same. No drainways along any lot within the subdivision may
be filled or modified except with the written permission from the
Developer.
8. No commercial trade or activity, or any noxious trade
or activity whatsoever, shall be carried on upon any lot, nor
shall anything be done thereon which may be, or may become, an
annoyance or nuisance to other lot owners. In the event yards in
the subdivision are not properly maintained they may be cleaned
by the Developer at the owner's expense. Unsightly, inoperative
junk cars and like eyesores cannot be maintained on any lot or on
any street in the subdivision either prior to or after the
dwelling has been erected and any such automobiles may be removed
by the Developer at the lot owner's expense.
9. No structure of a temporary character, trailer, mobile
home, tent, shack, garage apartment, barn or other outbuilding
shall be used on any lot, either temporarily or permanently,
either by the owners of said lot or any other persons, as living
quarters.
10. All buildings, structures and their appurtenances shall
be maintained in a suitable state of repair, and in the event of
destruction by fire or other casualty, premises are to be cleared
and debris removed within ninety (90) days from date of such
casualty.
11. No animals, other than domesticated dogs, cats or other
household pets, may be kept or housed on any lot. No dogs, cats
or other household pets may be kept, bred or maintained for any
commercial purposes; nor may they be kept in such numbers or of
such nature as to be or become a nuisance to adjoining property
owners or any residents of the subdivision.
12. No lot area shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste, and such
2
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
materials may not be kept on any lots, except in sanitary con-
tainers. All incinerators or other equipment for the storage or
disposal of such materials shall be kept in a clean and sanitary
condition.
13. Sewerage disposal for any dwelling or other building
erected on any lot shall be by septic tank if approved by the
County Board of Health and all others shall be serviced by a
community sewerage disposal system.
14. No lot as shown on the map of the subdivision above
referred to shall be resubdivided unless each part of the sub-
divided lot becomes a part of another whole lot, except, that
Developer may subdivide any lot, so long as each portion of any
such resubdivided lot meets requirements for said lots estab-
lished by the New Hanover County Board of Commissioners or other
governmental authority having jurisdiction over the property in
question.
15. No fence shall be erected on any lot nearer the front
street line than the rear corners of the house erected on said
lot, and all fences erected shall be of wood or chain link type
composition. Provided, however, decorative fencing, not to
exceed four (4) feet in height, may be allowed with the express
written consent of the Developer, its successors or assigns, or a
Committee appointed by the Developer, its successors or assigns,
for such purpose.
16. No signs of any type or description shall be placed on
or displayed on any residential lot except signs "For Rent" or
"For Sale" which signs shall not exceed six square feet in size.
17. Water to be used for human consumption by the residents
of any lot in the subdivision must be obtained from the community
water system serving said subdivision unless other sources are
approved and authorized by the City -County Board of Health and
the utility company furnishing the subdivision.
18. To provide for the maintenance, repair and upkeep of
entrance areas, conservation areas, drainage areas and ways,
parks, recreation areas and amenities, if any, AND OTHER PROP-
ERTIES, CCD has formed COASTAL CAROLINA OWNERS ASSOCIATION, a
non-profit corporation organized pursuant to the Non -Profit
Corporation Act of the State of North Carolina, the Articles of
Incorporation for which are recorded in the New Hanover County
Registry in Book 1391, at Page 1690.
The By -Laws of the Association are recorded as Exhibit
"A" to that certain Declaration of Restrictions for SECTION 1 of
BRITTANY WOODS Subdivision, which Declaration is recorded in Book
1392, at Page 793 of the New Hanover County Registry. Said
By -Laws provide, among other things, the assessing and collecting
of dues and assessments for maintenance of the areas described
herein. The owners of all lots in BRITTANY WOODS, SECTION 3,
upon acceptance of a deed to their lot shall automatically become
a member of said Association and shall be subject to all of the
terms, conditions and provisions of said Articles of
Incorporation and said By -Laws. Further, said By -Laws are
incorporated herein by reference.
CCD shall convey to the Association, and the Associ-
ation shall own in fee the entrance areas and amenities, if any,
referred to hereinabove, of the property, and all of the improve-
ments thereon.
19. Every owner of a fee simple title to a lot within the
development shall be deemed to own, possess and have accepted:
(a) The membership(s) in the COASTAL CAROLINA
3
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
OWNERS ASSOCIATION appurtenant to his lot(s), with voting rights
of one vote for each lot owned;
(b) An undivided equal interest with all other
owners, for each membership in the Association owned, in the
Association and all of its assets;
(c) An easement of enjoyment, equal to that of
all other owners, in and to the common elements, subject to:
(i) The right of the Association to dedicate
or transfer all or any part of the areas and amenities, if any,
subject hereto, for such purposes and subject to such conditions
as the Association may determine, acting by and pursuant to the
provisions of its duly enacted By -Laws.
(d) The duty of complying with and abiding by all
of the provisions of these Articles, the By -Laws of the Associ-
ations and the Rules and Regulations of the Associations, includ-
ing the payment of dues and assessments as provided in the
By -Laws.
20. Invalidation of any one of these covenants by judgments
or court order shall in no way affect any of the other covenants
herein, which shall remain in full force and effect.
21. If the parties hereto, or any of them, or their heirs
and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in said BRITTANY WOODS, SECTION
3 to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such
covenants, and either to prevent him or them from doing or to
recover damages or other dues for such violation.
22. In the event that the Developer shall seek to obtain
approval of these covenants and the plan of development of the
Properties in order that the Dwelling Units and Sites and im-
provements constructed thereon will be eligible for loans ap-
proved or guaranteed by the Veterans Administration, hereinafter
called "VA", or the Department of Housing and Urban Development,
hereinafter called "HUD", or Federal National Mortgage Assoc-
iation, hereinafter called "Fannie Mae", or the Federal Home Loan
Mortgage Corporation, hereinafter called "Freddie Mac", it is
likely that HUD, VA, Fannie Mae or Freddie Mac will require
changes in this Declaration in order to make the lots and im-
provements thereon eligible for VA, HUD, Fannie Mae or Freddie
Mac loans. In such event, Developer, without the consent or
approval of any Owner or Member shall have the right to amend
this Declaration. When this Declaration, By -Laws and Articles of
Incorporation have been approved by VA, HUD, Fannie Mae, and
Freddie Mac, then this paragraph shall be considered null and
void and the Developer shall not have any further rights here-
under to amend except upon approval of Membership.
23. These restrictions are subject to being altered,
modified, cancelled or changed at any time as to said subdivision
as a whole or as to any subdivided lot or part thereof by written
document executed by the Developer, its successors and/or assigns
and by the owners of not less than sixty percent (60%) of the
lots of said subdivision to which these restrictions apply, -and-
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina; provided, Developer shall have the right
to amend said restrictions at any time prior to December 31,
1988, without consent of any such owner or owners.
24. Coastal Carolina Owners Association shall be respon-
sible for maintaining all drainage areas and ways and easements
over all lots in the subdivision. No structure, planting or
4
RYALS, ,JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
other material shall be placed or permitted to remain in any such
drainage area, way, easement or any other easement which would
interfere with the installation or maintenance of utilities or
which may change the direction or flow of drainage channels in
the easements.
25. The Developer reserves the right to subject the real
property in the subdivision to contracts with public utility
companies for the installation of utility lines, mains, poles and
other equipment for the provision of utility service to the lots
which may require a continuing monthly payment to such utility
companies by the owners of each lot.
SCOPE OF RESTRICTIONS
THESE RESTRICTIONS APPLY ONLY TO SECTION 3, BRITTANY WOODS
SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE,
AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A
REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRIC-
TIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY
DEVELOPER AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK 1292, AT
PAGE 1526 IN SAID REGISTRY. DEVELOPER FOR ITSELF, ITS SUCCESSORS
AND/OR ASSIGNS, DECLARES THAT SECTION 3, BRITTANY WOODS, IS NOT
PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE REAL PROPERTY
DESCRIBED IN THE DEED REFERENCED HEREIN, AND THAT THE REMAINDER
OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED, CONVEYED AND/OR
IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS OTHER THAN AS
SET OUT HEREIN.
IN TESTIMONY WHEREOF, CCD has caused this instrument to be
signed in its corporate name by its President or Vice -President,
sealed with its corporate seal, and attested by its Secretary, or
Assistant Secretary, this day of , 1988.
COASTAL CAROLINA DEVELOPERS, INC.
ATTEST:
BY:
Secretary
(AFFIX CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,
County and State,
do hereby certify that
, personally
and acknowledged that he/she is
COASTAL CAROLINA DEVELOPERS, INC., and
given and as the act of the corporation,
was signed in its name by its
its corporate seal, and attested by
Secretary.
President
a Notary Public of said
came before me this -day
Secretary of
that, by authority duly
the foregoing instrument
President, sealed with
himself/herself as its
WITNESS my hand and notarial seal this
1988.
My Commission Expires:
(AFFIX NOTARIAL SEAL)
/CONDOS/BRITT-4
Notary Public
5
day of
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402.0147
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SUBDIVISION - FINAL PLAT CHECKLIST
SUBDIVISION NAME [) J;IAQ ,._, \&'C'DA5 "� SURVEYOR/ENGINEER Skoc\ s
TAX MAP, BLOCK & PARCEL -? LOCATION s v M w . n .y 411Q Q o c' A cj - p p
OWNER/DEVELOPER C. ocan-t J cru s Sly -C, O 0 ,/ ADDRESS
PHONE 7 6'1) 2q ( S-�oc)zs) DATE SUBMITTED_ /2, J c
GENERAL REQUIREMENTS
V One mylar or linen; 3 other copies
Within 12 months of preliminary approval
Lot Fee ($3.00 per lot)
y(/\ Residential Park Impact Fee (regional, medium, neighborhood)
16/ Street sign fee ($45.00 per sign)
A Fire District Fee (if applicable)
,/ Conforms substantially to approved preliminary
V Scale not less than 1" = 100'
,/ Correct title block information (name, name and address of owner and surveyor, date,
vicinity map, type of north point)
Boundaries properly drawn with bearings and distances
Name and locations adjoining subdivisions, streets, property owners
Width, names (unduplicated) and designations (public or private) of all proposed
streets
Width, purpose and designation of other rights -of -way or easements
_y/_ Standard survey curve data on traverse of chords around curve for all curved lines,
marshes, monuments and control points
J Control corners established in compliance N.C.G.S. 39-32.1,2,3,4
Sufficient data to determine readily and reproduce on ground location of every bearing
and length displayed on map
One or more corners of subdivision shall by a system of azimuths or by courses be tied
to a permanent marker of U.S. Coast & Geodotic Survey Systems or N.C. Grid System. If
such monument not available, the tie shall be made to some pertinent and permanent
landmark.
V Location, purpose and dimensions of areas used for purposes other than residential
/ Blocks, lots numbered consecutively
I/ Water and sewer confirmation letters �.d r . v t eRlL� S �� t'ti� T,-N-5
If public designated roads, N.C.D.O.T. basic letter
Copy of NCDOT Driveway Permit (if applicable)
Final draft homeowner covenants (if private development)
N(A 100 year flood plain displayed (if applicable)
REQUIRED CERTIFICATES
y Ownership, dedication and jurisdiction disclosure (signed)
Certificate of accuracy and mapping (signed)
N.C.D.O.T. subdivision road construction standards certification signed by District
Engineer if roads dedicated public use
V, Certificate Registration by Register of Deeds (unsigned)
y Water/Sewer Disclaimer statement (if applicable)
—Lip,— CAMA Disclosure (signed by owner, if applicable)
-V Flood Plain Management disclosure (signed by owner if applicable)
MIA Private Development disclosure (signed by owner, if applicable)
—+%/ Registration/Disclosure Homeowner's Covenants (if applicable)
Ic
4"
DESIGN STANDARDS
V Block lengths greater 400' but less than 1,400'
V Blocks to have 2 tiers
1,/R Buffer strips (if applicable)
✓ Correct building set back lines
Cul-de-sac less than 1,000; designed minimum D.O.T. specifications
Drainage easements not less 30' in width with ditch off centered 10'
Utility easements at least 15'
Conservation Resource(s) ( if applicable) Nod
Project in area surveyed sewer (if applicable)
V Street intersect not less than 75 degrees
Major street intersection at least 800' apart
Street jogs greater than 125' (if applicable)
V Every lot abuts 40' on -private or public road
Lots conform to zoning regulations
V Corner lots conform to building lines on streets
Double frontage lots
Stub streets required
V Connections to adjacent streets
Improvements complete or surety posted 5 w Q"-A
tAoteo
Deficiencies/Comments : b [ c' e H, A
Reviewed by: �, (� , �,�, Q„� Date
\s\fp-check.frm
H'A?
JACK G. STOCKS
REGISTERED LAND SURVEYOR
211 N. 5TH AVENUE
WILMINGTON, NORTH CAROLINA 28401
PHONE: 763-8124
January 25,1988
Cost Estimate for Brittany Woods, section 3
Asphalt 3000 yards @$3.50............................................$10,500.00
4 monuments at$200.00................................................ 800.00
FineGrading & seeding ................................................ 1,600.00
$12,900.00
10 monuments prior section Brittany Woods @ $200.00................... 2,000.00
Total Bond.......... $14,900.00
TO
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SUBJECT DATE
MESSAGE
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SIGNED �-
PLEASE REPLY BELOW
DATE SIGNED
DETACH AND RETAIN YELLOW COPY
JAMES G. MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
124 Division Drive
Wilmington, NC 28401
Phone 919-343-0440
December 13, 1988
Division 3, District 3
New Hanover County
Coastal Carolina Development, Inc.
2905 West Market Street
Wilmington, NC 28403
Re: Brittany Woods Subdivision
Section 1, 1A, 2, and 3
Gentlemen:
DIVISIG'. OF HIGHWAYS
GEOR( = E. WELLS, P E.
STATE HIG1- -.Y ADMINISTRATOR
This is to advise that Sections 1, 1A, 2, and 3: of
Brittany Woods Subdivision has been constructed by the Mans
approved on 8-19-87, and meets the minimum c:onstruc,ion
requirements of the Department of Transportation, Division
of Highways.
This is to further advise that this road wit; be
recommended to be added to the state maintenance system when
the residency requirements are, met and if this road is
found to be in an acceptable state of maintenance when ueti-
tioned for addition.
very truly yours,
J. P. Cook
District Engineer
r
JPC:drg
cc: 'County Planning Department
Highway Maintenance Engineer
tih kqual Oppornun!ty i Alhrfnaiive Action Unpigyer