Brittany Woods- 1A (Final)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 Countv
Coastal Carolina Development, Inc.
2905 West Market Street
Wilmington, NC 28403
Re: Brittanv Woods Subdivision
Section 1, 1A, 2, and 3
Gentlemen:
DIVISION OF HIGHWAYS
GEORGE E. WELLS, PE
STATE HIGHWAY ADMINISTRATOR
This is to advise that Sections 1, 1A, 2, and 3 of
Brittany Woods Subdivision has been constructed by the plans
approved on 8-19-87, and meets the minimum construction
requirements of the Department of Transportation, Division
of Highways.
This is to further advise that this road will be
recommended to be added to the state maintenance system when
the residency requirements are. met and if _his road is
found to be in an acceptable state of maintenance when peti-
tioned for addition.
Very truly yours,
J. P. Cook
District Engineer
JPC:drg
CC: %County Planning Department
Highway Maintenance Engineer
A;, cybal Opportunity I Affirmative Action Enipir)yer
• • %. Dow PAGE
21
PTO A NOW R ST N OLINA DECLARATION OF RESTRICTIQRS
BRITTANY WOODS SECTION 1-� �m
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COUNTY OF NEW HANOVER '-<<' Fri
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KNOW ALL MEN BY THESE PRESENTS: r'" c -C
That the undersigned, COASTAL CAROLINA DEVELOPERS;! IN?b;'0e,
(hereinafter CCD) a North Carolina corporation is the owner of o
all of the interest and equity in that certain tract of land
known as BRITTANY WOODS, SECTION 1-A, 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 1-A, that all of the lots in said subdivision as shown on
a map recorded in Map Book 27 at Page 163 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 prohibited. 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.
RCTUP,NSD SO
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 26402-0147
d00K A A0E
ut1 n�3 0 e fU6set back and the distanchall be es
between
base
lines on adjoining
oining lots, meaor
In comp surements
or structure, and neither overhang
ground level of thXcesslofngthree feet, nor the establishment of
of eaves, not in e s within the setback area, shall be
uncovered stoops or step line restrictions
co
nsidered a violation of this cthenbuilding
the event of unon-
tentional violation of any ° that such
herein set forth, the undersigned reserves the to change
h provided, P 10�) of the marginal re
such restrictions according percent ( as to such
change shall not exceed ten P
irement of the building line restrictions existing
lot.
erected on any of the lots shown on said
5. No dwelling are feet with
map as aforesaid shall or a minimumhan of 18500squahave less re feet without
attached two car garage, which square
e when measured by exterior foundeps, walks, garages,
a garag porches, steps,
footage shall be ex
carports,
carports, storage areas,
er reserves successors
6• The Develop for itself, its right at any time in the future to
and/or assigns an easement and rigunder, over and along the side,
grant an easement or rightloneSapof each and every lot in the
rear and front property
subdivision described herein, for the installation and main -
cables, conduits, pipes and other
tenance of poles, lines, electric power,
equipment necessary to or useful for furnishing water and
gas, telephone servicedrer utilities including
sewer service, and for drainage.
pipe shall be placed in any street or
-7. No culvert or
road ditch or drain unless it in all respects meets the stan-
r ' overnmenta1 authority having jurisdiction over
dards set by the g any lot within the subdivision may
the same. No drainways along permission from the
be filled or modified except with the written
Developer. -
g• No commercial trade or activity, or any noxious trade
any lot, nor
whatsoever, shall be carried on uponbecome, an
or activity or may
shall anything be done the which may be, yards in
maintained they may be cleaned
annoyance or nuisance to othe�llot �a Hers. In the event y ative
the subdivision are not properly y expense. Unsightly, inoper
by the Developer at the owner's exp lot or on
junk cars and like eyesores cannot be maintained o nornya of the
any street in the subdivision esuchrauptomobiles may be removed
dwelling has been erected and any
by the Developer at the lot owner's expense. r mobile
No structure of a temporary character, trade ,
9• apartment, barn or other outbuilding
tent, shack, garage ap orarily or permanently,
home, lot, either temp as living
shall be used on any other persons,
either by the owners of said lot or any
quarters. appurtenances shall
s structures and their
10. All buildings, air, and in the event of
be maintained in a suitable state of repair,
are to be cleared
destruction by
fire or other casualty, premises
from date of such
and debris removed within ninety (90)
casualty.
cats or other
11. No animals, other than domesticatedldogs,No dogs, cats
t.
household pets, may be kept be housed bred
any
pets may be kept, bred or maintained for any
or other household p the be kept in such numbers or of
commercial purposes; nor may Y nuisance to adjoining property
such nature as to be obfecomethesubdivision,
owners or any residents
2
RYALS, JAGKSON & MILLS
WILM INGTON, NORTH CARO LINA 28402-0147
NWK rAO(
` 1392 0817
12. No lot area shall
be used or
maintained as a dumping
waste, and such
ground for rubbish, trash,
be kept
garbage, or
on any lots,
other
except in sanitary con-
materials may not
tainers. All incinerators
or other equipment for the storage or
sanitary
disposal of such materials
shall be kept
in a clean and
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.
ation are
d as
"All
" Cerrtainws of the Declarationsof1RestrictionsCforeExhibit
SECTION1 of
A to thatt
BRITTANY WOODS Subdivision, which Declaration is recorded in Book
at Page -71;;— 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 1-A, upon acceptance of a deed to their lot shall auto-
matically 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 o hereinabove, ofown in fee the etheance areas and property, and allnoflthe referreded t
improve-
ments thereon.
19. Every owner of a fee simpletitle
to alot
awithin
d•the
development shall be deemed to own, possessa•
3
RYALS, cJACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
r-
392 0 8 1 8 (a) The membership(s) in the COASTAL CAROLINA
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 1-A
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
4
RYALS, cJACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
BW P`'iMK
1392 0819
over all lots in the subdivision. No structure, planting or
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 1-A, 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 1-A, 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 2nd day of October, 1987.
COASTAL CAROLINA DEVELOPERS, INC.
ATTEST:
.Q��NA DEpT�;
S ecr ary ,y?�,+'�� •••..........•lp,0'•,••.
V
Ep
(AFFIX CORPORATE SEAL;'• CORPORATE
.> .
STATE OF NORTH CAROLINA yC AR'''.•°�
COUNTY OF NBi*)& �x PENDER
President
STATE OF NORTH CAROLINA
New Haap�over County
The FofbpOing Certificate of
_Dale B__C0v_il1_Notary _
_Public ____ _________
is certified to be correct.
This the __6_ day of_ Oct__ 19
4g, Al52" Dom,., ,
Rebecca P. Tucker, Register of Deeds
I, Dale B. Covil , a Notary Public of said
County and State, do hereby certify that B. Leon Skinner
, personally came before me this day
and acknowledged that he/sx is Assistant Secretary of
COASTAL CAROLINA DEVELOPERS; INC., and that, by authority duly
given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, sealed with
its corporate seal, and attested by himself/sier,99M as its
Assistant Secretary.
WITNESS my hand and notarial seal this 2nd day of
October , 1987. �U
Notary Public
My Commission Expires:
March 16, 1991
(AFFIX NOTARIAL SEAL)
f�fittB.
fitt ¢f iEf
e '<% i
NOTARY
ZZ
5 ��, PUBLIC
C Q U ��� .•°°
��trSSF.tOrn43C9°
/BRITT
RYALS, r_JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
TO
F
O
L
D
SUBJECT DATE 7
MESSAGE
i '
SIGNED
PLEASE REPLY BELOW
DATE SIGNED
DETACH AND RETAIN YELLOW COPY
JACK G. STOCKS
REGISTERED LAND SURVEYOR
ERIC J. MATZKE
REGISTERED ENGINEER
STOCKS AND MATZKE
SURVEYING \ ENGINEERING
211 NORTH 5th STREET
WILMINGTON, NORTH CAROLINA 28401
PHONE: 763-8124
COST ESTIMATE
for
BRITTANY WOODS, SECTION 1A
1500 square yards asphalt @ $4.00 yard ............... $ 6000.00
Grassing & Seeding .................................. 800.00
1 monument & casting 200.00
$ 7000.00
Jack G.Stocks
r)v-
10/01Ig7
DESIGN STANDARDS
J Block lengths greater 400' but less than 1,400'
Blocks to have 2 tiers
- Buffer strips (if applicable)
V 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)
NlA Project in area surveyed sewer (if applicable)
Street intersect not less than 75 degrees
V_ 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
,/ Corner lots conform to building lines on streets
- Double frontage lots
V Stub streets required
V Connections to adjacent streets
Improvements complete or surety posted � i,000.
Deficiencies/Comments: Q Q0.\ \- no_ - .1\ 12 .
Reviewed by: 5. „ Date
\s\fp-check.frm
SUBDIVISION - FINAL PLAT CHECKLIST
SUBDIVISION NAME (� �,�-kke,—,a «nnA5 l/t SURVEYOR/ENGINEER25
I .
TAX MAP, BLOCK & PARCEL C) r-, LOCATION
OWNER/DEVELOPER C,,,,n'�nY CCxJ..GQt nci D���oQoouADDRESS 0 Qg-r,—c\Q-. �� 2
PHONE 7(9?, - 9 DATE SUBMITTED lq2�y
GENERAL REQUIREMENTS
y One mylar or linen; 3 other copies
Within 12 months of preliminary approval
Lot Fee ($3.00 per lot)
Residential Park Impact Fee (regional, medium, neighborhood)
Street sign fee ($45.00 per sign)
Fire District Fee (if applicable)
v 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
V Width, names (unduplicated) and designations (public or private) of all proposed
streets
- Width, purpose and designation of other rights -of -way or easements
V Standard survey curve data on traverse of chords around curve for all curved lines,
marshes, monuments and control points
Control corners established in compliance N.C.G.S. 39-32.1,2,3,4
y 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. E �� r w, cvec.z
V Location, purpose and dimensions of areas used for purposes other than residential
Blocks, lots numbered consecutively
y Water and sewer confirmation letters
If public designated roads, N.C.D.O.T. basic letter a �_Me
N(A Copy of NCDOT Driveway Permit (if applicable)
v Final draft homeowner covenants (if private development)
100 year flood plain displayed (if applicable)
REQUIRED CERTIFICATES
r/ 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)
V Water/Sewer Disclaimer statement (if applicable)
VAIA CAMA Disclosure (signed by owner, if applicable)
Flood Plain Management disclosure (signed by owner if applicable)
NIA Private Development disclosure (signed by owner, if applicable)
�/ Registration/Disclosure Homeowner's Covenants ( if applicable) c,e _ a,,,,,_
CASH RECEIPT PAGE OF
TRANSACTION AGENCY CA�Sj. RECEIPT s TRANSACTION M M D D Y Y ACCOUNTING M M Y I
BUDGET YY
CODE CR fl ® DATE PERIOD FY
ACTION •!S• COMMENTS
BANK ACCOUNT OFFSET CASH ACCOUNT
F.ORIGINAL ENTRY (E) ❑ ADJUSTMENT (M) ,
DESCRIPTION:
DESCRIPTION:
DESCRIPTION:
DESCRIPTION:
DESCRIPTION:
DESCRIPTION:
RECEIVED FROM
FOR
,dam� W- M
U
TOTAL AMOUNT $ -5-66
PREPARED BY NAME
TITLE
DATE
✓ I
RECEIVED BY NAME
TITLE
DATE
ENTERED BY NAME
TITLE
DATE
NEW HANOVER COUNTY 0 CASH �1 CHECK, #
` CASH RECEIPT NUMBER 5 14 0