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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. W�P < Sc�oKE WN"%� M� l�oeQ KUO ��t QECot� 0'f WHEAL>ELL e0, /S rn 8, PVf7,7u-E9 S.D. 329 D.H. Estates (Final) No Objection. c L&Io7- FE DC<10 i7 13Y Cd',Wr/ 77-1E S�t�pt✓esto�.l 9i�oe�ss A✓o 77,E coM M /srl o r��S -- fj I; PMMI 011 IMPORTANT, MESSAGE a•, A. M. DATE TIME P. M. WHILE YOU WERE AWAY M OF PHONE N AREA CODE NUMBER TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL E . Ag j) G e ca 4004 a�- i�2(G�8� "G42-d 1 21000 ( rya....) IZ)a6o. 5� 3 -ko{fit 14,aoo, January 25,1988 ' Coot Estimate for Dzitcuoy Woods, section 2 Aupbalt 3000yards-@ $3'50................................ .^..,,,,,..,¢l8,500.00 4 monuments at $28U,O0................................................ 800.00 ` Fifie`Qru6iu8 6 seeding ................................................ 1,600.00 Al2`900,00 ' ' ' ^` � Total Dood.....'..., /����°~\ . � ~~� .� � ¢l4,9U0,00 � I Svc, �v5c, - � 4/-7 50 � �A oo.' 0n^ 0ov � - �' v 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 �Oq 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 F O L D co, SUBJECT DATE MESSAGE tj 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