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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 i =! c1ft, COUNTY OF NEW HANOVER '-<<' Fri O afi�c Ao.a2 2�,yb 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