Brookside Gardens at C C - Perfor-Final 10-01HOMEOWNER COVENANT CHECKLIST
PROJECT 11-� ),aOiZb,r e, Gcu,�q.--,
DATE REVIEWED oy �„e�. _ _111 2 uoi
A. HOMEOWNERS ASSOCIATION IS REQUIRED FOR ALL: Z PERFORMANCE
RESIDENTIAL DEVELOPMENTS, HIGH DENSITY DEVELOPMENTS, OR i,�
SUBDIVISIONS WITH PRIVATE STREETS OR DRAINAGE (check as applicable)
;,✓' 1. Map or plat references Book #, Page N of Covenants,
Conditions and Restrictions
2. Maintenance responsibilities specified (private streets,
openspace, recreation facilities, exterior of attached
dwellings)
3. Association authorized to rebuild damaged units if owner
doesn't
B. USE OF ;/ PRIVATE STREETS, ✓ OPEN SPACE: THESE REQUIREMENTS APPLY
WHENEVER OPEN SPACE IS CREATED IN A PERFORMANCE RESIDENTIAL OR HIGH
DENSITY DEVELOPMENT, AND IS NOT OFFERED TO AND ACCEPTED BY COUNTY
L/ 1. Each lot or unit owner's undivided interest in use of open
space is preserved through covenants running with the land
\Z2. Each lot or unit owner has direct access
(walkway/street/adjoining property)
_ 3. No economic restrictions (e.g., club membership fees) on
use of open space (but Homeowners Association dues or
maintenance charges are acceptable)
4 Open to all the development (i.e., no subgroups)
C. MAINTENANCE OF OPEN SPACE: THESE REQUIREMENTS APPLY WHENEVER A
HOMEOWNERS ASSOCIATION IS ESTABLISHED TO GOVERN OPEN SPACE (OTHERWISE,
DEVELOPER REMAINS RESPONSIBLE -FOR INSURANCE/TAXES/MAINTENANCE)
,/ 1. Association established before sale of lots
2. Membership required for each lot buyer
3. Association responsible for insurance/taxes/maintenance
,� 4. Upaid dues = lien on the property
NOV 21 '01 10:32AM HHJNL
P.2
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR BROOKSIDE GARDENS
(at Coastal Carolina Development)
This Declaration, Made the _ day of _, 20,_, by BROOKSIDE GARDENS,
LLC, hereinafter referred to as "Declarant" or °Developer" for the purposes hereinafter
stated;
WITNESSETH:
Whereas, Declarant is the owner of certain real property In New Hanover County,
North Carolina, known as BROOKSIDE GARDENS, which is shown on a plat recorded in
the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book
ty").
Page _ _ , to which reference is made for a more particular description (the "Proper -
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set forth
in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following
easements, restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
SECTION 1, Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above
described Property, and annexed to and made a part of the Planned Community (as
hereinafter defined),
SECTION 2, Allocate-d interest shall mean the Common Expense Llability and votes
in the Association allocated to each Lot,
SECTION 3. Association shall mean and refer to Brookside Gardens Homeowners'
Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the
owners association organized pursuant to the Act for the purposes set forth herein.
SECTION 4. ComnoO Elements shall mean and refer to all lands and easements
within or appurtenant to the Planned Community owned by the Association, other than a
Lot, and intended for the common use and enjoyment of the Owners, Including, without
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR BROOKSIDE GARDENS
This Declaration, Made the _ day of , 20_, by BROOKSIDE GARDENS,
LLC, hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter
stated;
WITNESSETH:
Whereas, Declarant is the owner of certain real property in New Hanover County,
North Carolina, known as BROOKSIDE GARDENS, which is shown on a plat recorded in
the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book
Page , to which reference is made for a more particular description (the "Proper-
ty").
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set forth
in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following
easements, restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above
described Property, and annexed to and made a part of the Planned Community (as
hereinafter defined).
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Brookside Gardens Homeowners'
Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the
owners association organized pursuant to the Act for the purposes set forth herein.
SECTION 4. Common Elements shall mean and refer to all lands and easements
within or appurtenant to the Planned Community owned by the Association, other than a
Lot, and intended for the common use and enjoyment of the Owners, including, without
limitation, any : private roads and storm water retention ponds within the Planned
Community.
SECTION 5. Common Expenses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
SECTION 6. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act, this Declaration or otherwise by law.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and referto Brookside Gardens, LLC, its successors and assigns,
if such successors or assigns should acquire undeveloped property from the Declarant or
a Lot not previously disposed of for the purpose of development and reserves or succeeds
to any Special Declarant Right.
SECTION 8. Declaration shall mean this instrument as it may be from time to time
amended or supplemented.
SECTION 9. Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the Association.
SECTION 10. Limited Common Elements shall mean areas and facilities within any
Lot which are for the exclusive use of the Lot Owner but which the Association is obligated
to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall
consist of all yards and shrubbery on each Lot (if none, so state).
SECTION 11. Lots shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 12. Lot Owner shall mean the Declarant or other Person who owns a fee
simple title to any Lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
SECTION 13. Master Association means the master association as defined in the
Act.
SECTION 14. Person means a natural person, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental subdivision, or
agency or other legal or commercial entity.
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SECTION 15. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of Planned Community by the exercise of any Special
Declarant Right.
SECTION 16. Purchaser means any Person, other than a Declarant or a Person
in the business of selling real estate for the purchaser's own account, who by means of a
voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold
interest (including renewal options) of less than .20 years, or (ii) as security for an
obligation.
SECTION 17. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
SECTION 18. Special Declarant Rights means rights reserved for the benefit of a
Declarant including without limitation the right (i) to complete improvements indicated on
plats and plans filed with or referred to in this Declaration; (ii) to exercise any development
right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain sales
offices, management offices; signs advertising the Planned Community, and models; (iv)
to use easements through the common elements forthe purpose of making improvements
within the Planned Community or within real estate which may be added to the Planned
Community; (v) to make the Planned Community part of a larger planned community or
group of planned communities; (vi) to make the Planned Community subject to a Master
Association; or (vii) to appoint or remove any officer or Executive Board member of the
Association or any Master Association during the Declarant Control Period.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoymenfi. Every Owner
shall have and is hereby granted a right and easement of enjoyment in and to the Common
Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners;
(b) The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public
agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by at least eighty percent (80%) of the Members, excluding the Developer;
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provided, however, that the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through orover the Common Elements. No
conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of
access or support.
(c) The Board of Directors on behalf of the Association, as a Common
Expense, may at all .times keep the Common Elements and other assets of the
Association, if any, insured against loss or damage by fire or other hazards and such other
risks, including public liability insurance, upon such terms and for such amounts as may
be reasonably necessary from time to time to protect such property, which insurance shall
be payable in case of loss to the Association for all Members. The Association shall have
the sole authority to deal with the insurer in the settlement of claims. In no event shall the
insurance coverage obtained bythe Association be brought into contribution with insurance
purchased by Members or their mortgagees.
SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their successors and assigns:
(a) easements as necessary in the lands constituting the Common Elements
and the rear, front and side ten feet of each Lot for the installation and maintenance of
utilities and drainage facilities; including the right of Declarant and the Association to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to
be recorded in the office of the Register of Deeds of the county where the Planned
Community is located; the right to cut drain ways, swales and ditches for surface water
whenever such action may appear to the Developer or the Association to be necessary in
order to maintain reasonable standards of health, safety and appearance; the right to cut
any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any
other similar action reasonably necessaryto provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance; and the right to
locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the
permission of the owner of such Lot. No structures or plantings or other material shall be
placed or permitted to remain upon such easement areas or other activities undertaken
thereon which may damage or interfere with the installation or maintenance of utilities or
other services, or which may retard, obstruct or reverse the flow of water or which may
damage or interfere with established slope ratios or create erosion.' These easement
areas (whether or not shown on the recorded plats for the Planned Community) and
improvements within such areas shall be maintained bythe respective Owner except those
for which a public authority or utility company is responsible.
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(b) easements over all private streets, if any, access easements, and
Common Elements within the Planned Community as necessary to provide access, ingress
and egress, to any Additional Property.
(c) an easement of unobstructed access over, on, upon, through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limited Common Elements required
by this Declaration. This easement shall also run in favor of the Association and the
Association's agents, employees, successors and assigns.
SECTION 3. Other Easements. The following easements are granted by Declarant
to others:
(a) an easement is hereby granted to all police, fire protection, ambulance
and all similar persons, companies or agencies performing emergency services, to enter
upon all Lots and Common Elements in the performance of their duties.
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other person authorized by it, shall have the right to
enter any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners, and such right of
entry shall be immediate.
(c) the Association is granted an easement over each Lot for the purposes
of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in
accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of
and be binding on the Declarant and the Association, their successors and assigns, and
any Owner, purchaser, mortgagee and other person having an interest in the Property or
any Additional Property, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust deed
or other evidence of obligation, to the easements and rights described in this Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association shall be incorporated no
later than the date the first Lot in the Planned Community is conveyed. The Association
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is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State
of North Carolina for the purpose of establishing an association for the Owners of Lots to
operate and maintain the Common Elements and any Limited Common Elements in
accordance with this Declaration, its Charter and Bylaws The Association shall be
empowered to perform and/or exercise those powers set forth in the Act as it may be
amended from time to time, in addition to any powers and authority otherwise granted to
it.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners, with the exception of
the Declarant, and shall be entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they determine, but
in no event shall more than one vote be case with respect to any Lot.
Fractional voting with respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be
entitled to three (3) votes for each Lot owned. The Class B Membership
shall cease and be converted to Class A Membership on the happening of
any of the following events, whichever occurs earlier:
(a) when the total vote outstanding in the Class A Membership equals
the total vote outstanding in the Class B Membership; or
(b) on December 31, 2005; or
(c) upon the voluntary surrender of all Class B Membership by the
holder thereof.
The period during which there is Class B Membership is sometimes referred to
herein as the "Declarant Control Period".
SECTION 4. Government Permits. Obligations under all government permits for
the Development shall be the obligation of the Association on the following terms and
conditions:
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A. General. After completion of construction of any facilities required to be
constructed by Declarant pursuant to permits, agreements and easements for the
Development, all duties, obligations, rights and privileges of the Declarant under any water,
sewer, stormwater and utility agreements, easements and permits for the Planned
Communitywith municipal or governmental agencies or public or private utility companies,
shall be the duties, rights, obligations, privileges and the responsibility of the Association,
notwithstanding that such agreements, easements or permits have not been assigned or
the responsibilities thereunder specifically assumed by the Association.
B. Stormwater Permit(s). Any stormwater retention ponds and related facilities for
the Development which have or are to be constructed by or on behalf of Declarant
constitute Common Elements and the Association, at its sole cost and expense, is
responsible for the operation and maintenance of such facilities. The Association and
each of its Members agree that at anytime after (i) all work required under any stormwater
permits for the Development has been completed, and (ii) the Developer is not prohibited
underthe NC Department of Environment and Natural Resources (DENR) regulations from
transferring the stormwater permit(s) for the Developement to the Association, the
Association's officers wihtout any vote or approval of Lot Owners, and within 10 days after
being requested to do so, will sign all documents required by DENR for the stormwater
permit(s) to be transferred to the Association; provided, however, that at the time the
Developer requests that the Association accept transfer of the stormwater permit(s), the
Developer has delivered to the Association a certificate from an engineer licensed in the
State of North Carolina, dated no more than 45 days before the date of the request, that
all stormwater retention ponds, swales and related facilities are constructed in accordance
with the plans and specifications therefore. The Association shall indemnify and hold
harmless the Developer form any obligations and costs under any stormwater permits or
for operation and maintenance of the stormwater retention ponds and related facilities,
except during the Declarant Control Period, the Developer shall be responsible for
repairing any damage to such facilities caused by development activities. The Developer
shall not be responsible for damages to stormwater retention ponds and related facilities
caused by construction of residences or other activities by Owners, their agents and
contractors, upon their Lots. If the Association fails to sign the documents required by this
paragraph, the Developer shall be entitled to specific performance in the courts of North
Carolina requiring that the appropriate Association officers sign all documents necessary
for the stormwater permit(s) to be transferred to the Association. Failure of the officers to
sign as provided herein shall not relieve the Association of its obligations under this
section. In addition, each Owner for the Owner, the Owner's heirs, successors and
assigns, by acceptance of a deed from the Declarant, for a Lot hereby irrevocably appoints
Robert Weinbach as the Owner's attorney in fact, on behalf of the Owner and the
Association, to sign all documents required by DENR necessary for the stormwater
permit(s) to be transferred to the Association; provided, however, that the Declarant shall
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first have requested as provided above that an officer of the Association execute such
documents and any officer has failed to do so within the time provided.
SECTION 5. Common Elements. The Association shall at its sole cost and
expense be responsible for the operation and maintenance of each Common Element
within the Development form the date of completion of its construction or improvement by
the Developer, whether or not such Common Element has actually been deeded to the
Association.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the "Assessments"):
A. Annual Assessments;
B. Special Assessments for Capital Improvements;
C. Insurance Assessments;
D. Ad Valorem Tax Assessments; and
E. Working Capital Assessments.
The Assessments, togetherwith interest, costs and reasonable attorney's fees, shall
be a charge on the land and shall be a continuing lien upon the respective Lot against
which the Assessments are made. Each such Assessment, together with interest, costs
and reasonable attorney's fees, shall also be the personal obligation of the person who
was the Owner of such Lot at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the Owner's successors in title
unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation, health, safety and
welfare of the Owners and residents of the Property and Additional Property and for the,
maintenance, repair and replacement of the Common Elements and any Limited Common
Elements. The funds arising from said assessments or charges, may be used for any or
all of the following purposes: Operations, maintenance and improvement of the Common
Elements, and any Limited Common Elements, including payment of utilities; enforcing this
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Declaration; paying taxes, insurance premiums, legal and accounting fees and governmen-
tal charges; establishing working capital; paying dues and assessments to any organization
or master association of which the Association is a member; and in addition, doing any
other things necessary or desirable in the opinion of the Association to keep the Common
Elements and Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year. Within 30 days
after adoption of the proposed budget for the Planned Community, the Executive Board
shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to
consider its ratification, including a statement that the budget may be ratified without a
quorum. The budget is ratified unless at the meeting a majority of all of the Lot Owners
in the Association rejects the budget. In the event the proposed budget is rejected, the
periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot
Owners ratify a subsequent budget proposed by the Executive Board. The Annual
Assessment for each Lot shall be established based on the annual budget thus adopted
;provided, however, that the first Annual Assessment shall be set by the Declarant prior to
the conveyance of the first Lot to an Owner. The due date for payment shall be
established by the Executive Board. The Executive Board shall have the authority to
require the assessments to be paid in periodic installments. The Association shall, upon
demand, and for a reasonable charge furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid.
SECTION 4. Special Assessments for Capital Improvements. In addition to the
Annual Assessments authorized above, the Association may levy, in any assessment year,
a Special Assessment applicable to the year only.for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Elements and any Limited Common Elements, including
fixtures and personal property related thereto, provided that any such assessment shall
have the assent of two-thirds (2/3) of the Members of each class who are voting in person
or by proxy at a meeting duly called for this purpose. Written notice of any meeting of
Owners called for the purpose of approving Special Assessments shall be sent to all
Members not less than ten (10) days nor more than sixty (60) days in advance of the
meeting.
SECTION 5. ,Insurance Assessments.. All premiums on insurance policies
purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a common expense, and the Association may in any
assessment year levy against the Owners equally an "Insurance Assessment", in addition
to the Annual Assessments, which shall be in an amount sufficient to pay the annual cost
of all such deductibles and insurance premiums not included as a component of the
Annual Assessment.
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SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may in
any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment",
in addition to the Annual Assessments, which shall be in an amount sufficient to pay such
ad valorem taxes in such year not included as a component of the Annual Assessment.
SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed
to an Owner by Declarant, the Owner shall pay the sum of $200.00 to the Association as
working capital to be used for operating and capital expenses of the Association. Amounts
paid into the working capital fund are not to be considered as advance payment of the
Annual or any other assessments.
SECTION & Rate of Assessment. The Association may differentiate in the amount
of Assessments charged when a reasonable basis for distinction exists, such as between
vacant Lots of record and Lots of record with completed dwellings for which certificates
of occupancy have been issued by the appropriate governmental authority, or when any
other substantial difference as a ground of distinction exists between Lots. However,
Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable by law. The
Association may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common
Elements or abandonment of his Lot. All unpaid installment payments of Assessments
shall become immediately due and payable if an Owner fails to pay any installment within
the time permitted. The Association may also establish and collect late fees for delinquent
installments.
SECTION 11. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of 30 days or
longer.
(a) The lien shall constitute a lien against the Lot when and after the claim
of lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General
Statutes. Fees, charges, late charges, fines, interest, and othercharges imposed pursuant
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to Sections 47E-3-102, 47F-3-107, 47F-3-107A and 47F-3-115 of the Act are enforceable
as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances
on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in
the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of the claim of lien
in the office of the Clerk of Superior Court.
(d) Any judgment, decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable
for the Assessments against the Lot which became due prior to the acquisition of title to
the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common
Expenses collectible from all of the Lot Owners including such purchaser, its heirs,
successors and assigns.
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and privileges
which shall be in addition to the Special Declarant Rights and any other rights, powers and
privileges reserved to the Declarant herein:
SECTION 1. The Architectural Control Committee. All duties and responsibilities
conferred upon the Architectural Control Committee by this Declaration or the Bylaws of
the Association shall be exercised and performed by the Declarant or its designee, so long
as Declarant shall own any Lot within the Property or any Additional Property.
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SECTION 2. Plan of Planned Community. The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change, alter
or redesignate road, utility and drainage facilities and easements and to change, alter or
redesignate such other present and proposed amenities, Common Elements, or facilities
as may in the sole judgment and discretion of Declarant be necessary or desirable. The
Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -
plat any one (1) or more Lots shown on the plat of any subdivision of the Property or
Additional Property in order to create one or more modified Lots; to further subdivide tracts
or Lots shown on any such subdivision plat into two or more Lots; to recombine one or
more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from
such recombination shall be treated as one Lot for purposes of Assessments); to eliminate
from this Declaration Lots that are not otherwise buildable or are needed for access or are
needed for use as public or private roads or access areas, whether serving the Planned
Community or other property or are needed for Common Elements or amenities, and to
take such steps as are reasonably necessary to make such re -platted Lots or tracts
suitable and fit as a building site or access area or roadway or Common Elements.
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may
be amended without member approval by the Declarant, or the Board of the Association,
as the case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property, or
any portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by Section
2 of this Article V or otherwise permitted herein.
F. To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property
or to qualify the Property or any Additional Property or any Lots and improvements thereon
for mortgage or improvement loans made, insured or guaranteed by a governmental
agency or to comply with the requirements of law or regulations of any corporation or
agency belonging to, sponsored by, or under the substantial control of the United States
Government or the State of North Carolina, regarding purchase or sale of such Lots and
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improvements, or mortgage interests therein, as well as any other law or regulation relating
to the control of property, including, without limitation, ecological controls, construction
standards, aesthetics, and matters affecting the public health, safety and general welfare.
A letter from an official of any such corporation or agency, including, without limitation, the
Department of Veterans Affairs, U. S. Department of Housing and Urban Development, the
Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation,
or the Federal National Mortgage Association, requesting or suggesting an amendment
necessaryto complywith the requirements of such corporation or agency shall be sufficient
evidence of the approval of such corporation or agency, provided that the changes made
substantially conform to such request or suggestion. Notwithstanding anything else herein
to the contrary, only the Declarant, during the Developer Control Period, shall be entitled
to amend this Declaration pursuant to this Section.
SECTION 4. Annexation of Additional Property. Declarant may annex to and make
a part of the Planned Community any other real property which Declarant now owns or
which Declarant may hereafter acquire or develop (the "Additional Property"). Annexation
of Additional Property to the Planned Community shall require the assent of 67% of the
Class A Members who are voting in person or by proxy at a meeting called for this purpose;
provided, however, Additional Property may be annexed to the Planned Community without
the assent of the Members so long as the Additional Property is developed in accordance
with the same general scheme as the other portions of the Planned Community.
SECTION 5. Sales Model. So long as the Declarant or its designee shall retain
ownership of any Lot, it may utilize any such Lot for offices, models or other purposes
relating to the development, construction, sale or rental of Lots and dwellings, including
the right to place "For Sale" or "For Rent" signs on any Lots. The .Declarant may assign
this limited commercial usage right to any other person or entities as it may choose.
ARTICLE VI.
USE RESTRICTIONS, ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling,
wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the plans and specifications showing the nature, kind,
shape, heights, materials, colors and location of the same shall have been submitted to
and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Declarant, or its designee, or, after the sale
of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural
Control Committee composed of three (3) or more representatives appointed by the Board.
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In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural
Control Committee, fails to approve or disapprove such design and location within thirty
(30) days after said plans and specifications have been submitted to it, approval will not
be required and this Article will be deemed to have been fully complied with. Refusal or
approval of any such plans, location or specification may be based upon any ground,
including purely aesthetic and environmental considerations, that in the sole and
uncontrolled discretion of the Declarant, the Board, or Architectural Control Committee
shall be deemed sufficient. One copy of all plans and related data shall be furnished to the
Declarant, the Board, or Architectural Control Committee, as the case may be, for its
records. Neither the Declarant, the Board, nor the Architectural Control Committee shall
be responsible for any structural or other defects in plans and specifications submitted to
it or any structure erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
A. Each dwelling shall have a minimum of 1400 square feet of enclosed,
heated dwelling area; provided, however, the Architectural Control Committee may permit
a dwelling to have a minimum of 1350 square feet if the Committee in its sole discretion
finds that the variance will not adversely impact property values within the Planned
Community. The term "enclosed, heated dwelling area" as used in the minimum
requirements shall be the total enclosed area within a dwelling which is heated by a
common heating system; provided, however, that such term does not include garages,
terraces, decks, open porches, and like areas.
B. Since the establishment of inflexible building setback lines for location of
houses on lots tends to force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be
established by this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling
or other structure upon any lot shall be controlled by and must be approved absolutely by
the Declarant, the Board, or the Architectural Control Committee, as the case may be;
provided, however, that no structure shall be constructed closer to an adjoining property
line than is permitted by applicable governmental regulations.
C. The exterior of all dwellings and other structures must be completed within
twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the Owner or builder,
due to strikes, fires, national emergency or natural calamities.
D. All service utilities, fuel tanks, and wood piles are to be enclosed within
a wall or plant screen of a type and size approved by the Declarant, the Board or the
14
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Architectural Control Committee, so as to preclude the same from causing an unsightly
view from any highway, street or way within the subdivision, or from any other residence
within the subdivision. All mail and newspaper boxes shall be uniform in design. Design
for mail and newspaper boxes shall be furnished by Declarant. Fences shall be permitted
on any Lot; provided, however, that the design, placement, and materials of any fence are
approved by the Declarant, the Board, or the Architectural Control Committee, as the case
may be. Clothes lines are not permitted on any Lot.
E. Off street parking for not less than two (2) passenger automobiles must
be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot
which parking areas and the driveways thereto shall be constructed of concrete, brick,
asphalt, or turf stone, or any other material approved by Declarant, the Board or
Architectural Control Committee.
F. All light bulbs or other lights installed in any fixture located on the exterior
of any building or any Lot for the purpose of illumination shall be clear, white or non -frost
lights or bulbs.
SECTION 3. Use Restrictions.
A. Land Use And Building Type. No Lot shall be used for any purpose
except for residential purposes. All numbered Lots are restricted for construction of one
single family dwelling. No detached garages or other outbuildings shall be permitted.
B. Nuisances. No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant orother nature as may diminish ordestroythe enjoyment
of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent
the development of any unclean, unsightly or unkept condition of buildings or grounds on
the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole
or the specific area.
C. Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time
as a residence either' temporarily or permanently without the written consent of the
Association or its designee; provided, however, that this shall not prevent the Declarant,
its designees or assigns from maintaining a construction trailer or office on any part of the
Planned Community until the construction of dwellings on all Lots and Common Elements
improvements are completed.
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D. Vehicles/Boats. No boat, motor boat, camper, trailer, motor or mobile
homes, tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on
any street at any time, without the written consent of the Association or its designee. No
inoperable vehicle or vehicle without current registration and insurance, will be permitted
on any Lot, street or Common Elements. The Association shall have the right to have all
such vehicles towed away at the owner's expense. No repairs to any vehicle maybe made
on streets or in driveways but only.in garages or other areas and not visible from the street.
E. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets
may be kept or maintained provided that they are not kept or maintained for commercial
purposes and provided further that they are not allowed to run free, are at all times kept
properly leashed or under the control of their owner and do not become a nuisance to the
neighborhood.
F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or
TV satellite signal receiving dishes are permitted on any Lot and no outside radio or
television antennas shall be erected on any Lot or dwelling unit unless and until permission
for the same has been granted by the Board of Directors of the Association or its
Architectural Control Committee; provided, however, satellite dishes not over 18" in
diameter which cannot be seen from the street are permitted.
G. Construction in Common Elements. No person shall undertake, cause,
or allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Association.
H. Signs. No signs (including "for sale" or "for rent" signs) shall be permitted
on any Lot or in the Common Elements without permission of the Board of Directors.
I. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written consent of
the Declarant during the period of Declarant control of the Association and thereafter by
the Board of Directors of the Association.
Q) Short Term Rental Prohibited. No Owner shall enter into a lease of the
Owner's Lot for a period less than one year. All leases for Lots and residences thereon
shall be in writing and shall contain the following provision:
Tenant acknowledges receipt of a copy of the Covenants, Conditions and
Restrictions for Brookside Gardens and any rules and regulations adopted
by Brookside Gardens Homeowners' Association, Inc. Violation of said
covenants or rules and regulations by the tenant, the tenant's agents, guests
16
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and invitees, shall, after the expiration of any applicable cure period,
constitute a default under the terms of this lease.
Each Owner shall be liable to the Association for (i) any violation of this Declaration
or Association rules and regulations and (ii) for any damage to the Common Elements,
committed or caused by the Owner's tenants, the tenant's agents, guests and invitees. All
amounts due the Association by an Owner pursuant to the terms of this paragraph shall
be added to the Owner's Annual Assessment and become a part thereof, collectible and
subject to being a lien against the Owner's Lot, as provided for in this Declaration.
SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat
and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly
trimmed and properly cultivated.
ARTICLE VII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subjectto Declaration. The covenants and restrictions contained
in this Declaration are for the purpose of protecting the value and desirability of the
Planned Community and the Lots contained in it. All present and future Owners, tenants
and occupants of Lots and their guests or invitees, shall be subject to, and shall comply
with the provisions of the Declaration, and as the Declaration may be amended from time
to time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of the
Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants
and restrictions of this Declaration shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot, their heirs, successors and
assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years, unless terminated by the Lot Owners.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal representatives,
heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles
of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall
be available:
A. Association to Remedy Violation. In the event an Owner (or other occupant of
a Lot) is in violation of or fails to perform any maintenance or other activities required by
17
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this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board or its designee, after 30-days notice, may enter upon the Lot and remedy
the violation or perform the required maintenance or other activities, all at the expense of
the Owner, and such entry shall not be deemed a trespass. The full amount of the cost
of remedying the violation or performing such maintenance or other activities and shall be
chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such
amounts shall be due and payable within 30 days after Owner is billed. If not paid within
said 30 day period, the amount thereof may immediately be added to and become a part
of the Annual Assessment levied against said Owner's Lot. In the event that any
maintenance activities are necessitated to any Common or Limited Common Elements by
the willful act or active or passive negligence of any Owner, his family, guests, invitees or
tenants, and the cost of such maintenance, repair or other activity is not fully covered by
insurance, then, at the sole discretion of the Board of Directors of the Association, the cost
of the same shall be the personal obligation of the Owner and if not paid to the Association
upon demand, may immediately be added to and become a part of the Annual Assessment
levied against said Owner's Lot. Notwithstanding the foregoing, the Association shall not
have a lien for the cost of any maintenance and repairs mentioned in this section if the
Association is obligated to make such repairs or conduct such maintenance by virtue of
yards or structures being Limited Common Elements.
B. Fines. The Association may in accordance with the procedures set forth in the
Act establish a schedule of and collect fines for the violation of this Declaration or of the
Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Ownerdoes
not pay the fine when due, the fine shall immediately become a part of and be added to
the Annual Assessment against the Owner's Lot and may be enforced by the Association
as all other Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may in accordance with
the procedures set forth in the Act suspend all services and privileges provided by the
Association to an Owner (other than rights of access to Lots) for any period during which
any Assessments against the Owner's lot remain unpaid for at least 30 days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter, Bylaws, or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII.
GENERAL PROVISIONS
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SECTION 1. SECTION 1. Enforcement Of Storm Water Runoff Regulations. No Lot,
nor that portion of the street right of way between the edge of the pavement and the front
Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material (but excluding wood decking and the water surface
of swimming pools), in excess of the following square footages (Lots within any CAMA
Areas of Environmental Concern may be subject to a reduction in allowable built -upon area
due to CAMA regulations):
2,500 sq. feet
Lots: 64 A & B
65A&B
68a&B
69A&B
3,000 sq. feet
Lots: 62 A & B
63A&B
66A&B
67A& B
4,000 sq. feet
Lots: 1 thru 61
Roadside or lot line swales may not be filled, piped or altered except as necessary to
provide a minimum driveway crossing. All runoff from Lots must drain into the permitted
stormwater system, which system may not be altered from the approved plan without the
consent of the State of North Carolina. For curb and gutter projects, no one may pipe, fill
in, or alter any Lot line swale used to meet North Carolina Stormwater Management Permit
requirements.
These covenants are intended to insure continued compliance with the stormwater
permit for the Property. issued by the State of North Carolina and, therefore, may not be
changed or deleted without the consent of the State.
SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal year, (c)
receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any condemnation
or casualty loss that affects either a material portion of the Planned Community or the
Property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the
payment of assessments or charges owed by any Owner of any property which is security
for the loan, (f) receive written notice of a lapse, cancellation, or material modification of
any insurance policy or fidelity bond maintained by the Association, (g) receive written
notice of any proposed action that requires the content of a specified percentage of
mortgage holders, and (h) be furnished with a copy of any master insurance policy.
SECTION 3. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot
Owner will be required to pay for any water connections, sewer connections, impact fees
19
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or any other charges imposed by any entity furnishing water, sewer or other utility service
to the Lots. In the alternative, the Developer may collect such connection, impact and
other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for
household purposes, to use water and sewer supplied by the companies/governmental
units servicing the Planned Community. Separate water systems for outside irrigation and
other outdoor uses shall not be permitted without the consent of the Declarant or the
Association.
SECTION 4. Severability. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect.
SECTION 5. Amendment of Declaration. Except in cases of amendments that may
be executed by the Declarant under this Declaration or by certain Lot Owners under
Section 47E-2-118(b) of the Act, this Declaration may be amended by affirmative vote or
written agreement signed by Owners of Lots to which at least sixty-seven percent (67%)
of the votes in the Association are allocated, or by the Declarant if necessary for the
exercise of any Special Declarant Right or development or other right reserved to the
Declarant herein.
SECTION 6. FHA/VA Approval. So long as there is Class B membership,
annexation of Additional Properties, dedication of Common Elements and amendments
to this Declaration must be approved by the Federal Housing Administration and/or the
Department of Veterans Affairs, as the case may be, if either of those agencies has
approved the making, insuring or guaranteeing of mortgage loans within the Planned
Community.
SECTION 7. North Carolina Planned Community Act. It is the intent of the
Declarant to comply with the requirements imposed on the Planned Community by the Act
and to the extent any of the terms of this Declaration violate the Act, the terms of the Act
shall control.
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be
executed in their corporate name and the corporate seal affixed by its duly authorized
officers as of the day and year first above written.
BROOKSIDE GARDENS, LLC (SEAL)
By: TERRA HOLDING CO., INC.,
Member/Manager
By: C�
Presi
20
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By: PREMIER HOMES & LAND, INC.
Member/Manager
IN
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
President
V- P-.S )✓'Qck4-rt -,a Notary Public of said county do hereby certify that it
Inrypersonally appeared before me this day and acknowledged that he is President of
TERRA HOLDING CO., INC., a North Carolina corporation, that is member/manager of BROOKSIDE
GARDENS, LLC, a North Carolina limited liability company, and that he as President, being authorized
to do so, executed this instrument on behalf of the corporation in its capacity as member/manager of
BROOKSIDE GARDENS, LLC.
Witness my hand and official stamp or seal, this ,LL day of d V• 2001.
Notary Public
My Commission expires:
(SEAL)
OFFICIAL
'Af�� ! � �pt{IItNYM NA(10�11f b�Aunb
V. pq. STRACHAN
Notary Pubk
,fw
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary Public of said county do hereby certify that
personally appeared before me this day and acknowledged that he is President of
PREMIER HOMES & LAND, INC., a North Carolina corporation, that is member/manager of
BROOKSIDE GARDENS, LLC, a North Carolina limited liability company, and that he as President,
being authorized to do so, executed this instrument on behalf of the corporation in its capacity as
member/manager of BROOKSIDE GARDENS, LLC.
Witness my hand and official stamp or seal, this day of , 2001.
Notary Public
My Commission expires:
(SEAL)
21
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CASH RECEIPT PgGE OF +
TRANSACTION AGENCY CASH RECEIPT M M M D D Y Y M M Y Y yy
CODE �7Fc:RT
1 TRANSACTION ACCOUNTING BUDGET
_L 3 1 426 DATE I L l t PERIOD FY 2
ACTION
COMMENTS
❑ ORIGINAL ENTRY (E) ❑ ADJUSTMENT (M) BANK ACCOUNT OFFSET CASH ACCOUNT
D ESCR 1 PTIO N:
D ESCR 1 PTIO N:
RECEIVED FROM
FOR:
PREPARED BY NAME
RECEIVED BY NAME \
ENTERED BY NAME
NEW HANOVER COUNTY
O CASH
TOTAL AMOUNT `100 -6V
j Z - C2
TITLE El P..
DATE N 1
TITLE
DATE
TITLE
DATE
CHECK,#�
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IV3
_,,.
CASH RECEIPT NUMBER
NEW HANOVER COUNTY
FIRE SERVICES ADMINISTRATION
414 CHESTNUT STREET, ROOM 307
WILtiIINGTON, NORTH CAROLINA 28401-4045
TELEPHONE (910) 341-7420
Date / /
Ntemorandum
TO............( ) Baird Stewart
Burgess
From ......... Wayne Burns , Fire Marshal
PLAN/PLOT REVIEW
Project name
Comments S Q k-- e:-i- �w�� ���: �c c� de
l ✓, CkCC�//f c? A "5 9trl �Evc� u� cis nuT �hivlL f
SUBDIVISION - FINAL PLAT CHECKLIST
DEVELOPMENTNAME t� �,00`2 n �_A Q G a%d�, �`'� SURVEYOR / ENGINEER NAME l (3/-,)WSJ•
TAX PARCEL NUMBER
PROJECT LOCATION
DEVELOPER / SURVEYOR PHONE# % 1 • q H 22 SUBMISSION DATE C) c_1:
I
Mapping Requirements Per G.S. 47.30
Size of plat must have min. border 1.5" on left side & min. 1/2 border other sides
(% Plat must be reproducible
Title block to include: Name owner, property designation, township, county, state, date(s) of actual
survey, scale or scale ratio, name & address of surveyor preparing plat
Surveyor Certificate per G.S. 47-30 (D) and G.S. 47-30 (1 1)
Surveyor's original signature, seal & registration number (no sticky backs, computer generated OK)
Control corners in accordance with G.S. 39-32.3
HNCDOT Construction Certificate (if public roads)
Roads designated public or private
County or town subdivision approval by appropriate agency
General Requirements
Five (5) paper copies
Within 24 months of preliminary approval
Conforms substantially to approved preliminary
Lot fee: $15 per lot
Street sign(s): $95 (bond or erect)
Fire impact fee (North Chase & Landfall)
Type north point (True, Grid or Magnetic)(Deed book and page reference NOT acceptable), vicinity
map, adjoining landowners and streets
Name & address owner located on plat
Boundaries properly drawn with all bearings & distances, scale not less I"=100'
Unduplicated streets names approved by E-91 I
Location, purpose & di pension areas used for other than residential (if applicable)
Lots. numbered consecutively
Water & sewer confirmation letters rc)�.
If public roads: NCDOT Basic Letter
Floodplain (100 year) displayed (note if NOT applicable)
Copy of homeowner covenants (open space, drainage areas, private roads)
USGS Grid Tie (if monument established & within 2,000 feet)
Design Criteria
Block lengths greater than 400' but less than 1,400'
Blocks'to have two tiers
Buffer.strips (if applicable)
Designated conservation resource area with applicable setbacks (if required)
Cul-de-sac length less than 1,000'; designed minimum NCDOT requirements
Streets intersect not less than 75 degrees
Major street intersections at least 800' apart
Street jogs no less than 125' (if applicable)
Every lot abuts 40' on private or public road (chord or arc distance)
Lots conform to zoning district �,..t j t������ 4(•
Stub streets (if applicable)
Road improvements/connections to adjacent streets ZE.,`,-
Curve data
Required Plat Certificates
Ownership, Dedication and Jurisdiction Disclosure (dated and signed)
Certificate of Accuragy and Mapping (dated and signed)
Register of Deeds Certificate (unsigned)
Water/Sewer Disclaimer Statement
C • t' C' •t'f' t ( i ned & dated if •r)>Iicable)
_LN) � _' I
�iZ' `:,1Z�
Sewer onsti uc ron ,er r ica e s g , ► 1
CAMA Disclosure (signed & dated by owner, if applicable)-��� ��Q `'� (-`D 2 0�
Flood Plain Management Disclosure (signed & dated by owner, if applicable) ✓--
Private Development Disclosure (signed & dated by owner, if applicable)
Registration/Disclosure Homeowner's Covenants (if applicable)
Thoroughfare Statement (if applicable)
S U J.iJJ`SZ.tJ)�u� LZ<� �.I .LCCt�t'L
S�ff Comments: —
o-t �7 u2 5C 1
.✓C:.1
1 J P�. • C �� i, Lo
_ 1_Cft rAo rle"X,ti --)(J V'ra rJy.tiz.'.. <
C c o
Reviewed by: w— a-"�,Q Date: r , ? oul,
NEW HANOVER COUNTY PLANNING
APPLICATION FORM
PLEASE READ THOROUGHLY BEFORE COMPLETING
Name of Surveyor
Owner/Developer Name
Surveyor's Phone No.
.� M g113
Owner/Developer Address
2 0� 4 f v: tip' z o
Submission Date
/D 36 L01
Location of Property
441,11'ci /% f
Tax Map 3/ygg7
32y 019
Block 6`f
&0
Parcel 7655-, -7/9V, :27V 3y00
573G
Area of Complete Development
3
Sq.Ft.orAcresofPlat
Zoningof Property
Land Classification
�v`
Area Remaining to Plat
Density of Plated Area (Performance Only)
FINAL PLAT
��Po�KSID€ �A,RD��vS
Name of Subdivision
Type of Subdivision (Conventional, Performance, etc.)
Your application MUST include 3 maps folded to 8-1/2"xl 1" or 8-1/2"xl4". The application will be
regarded as incomplete until the following items are received by the Planning Department. A fee of
$15.00 per lot/unit will be assesed.
1. This fee, payable to New Hanover County, MUST accompany this application.
2. STREETS - A basic letter from the North Carolina Department of Transportation approving
the construction of all public roads being plated or a letter from the County Engineer
approving the design of all private streets.
3.In leiu of a•NCDOT basic letter and/or completed infrastructure improvements, a line item
cost estimate may be submitted to Engineering staff for approval. A letter of credit may be
accepted.
4.If applicable, homeowner covenants detailing road maintenance, common area, insurance,
etc.
Applications for Final Plat review are received by the Planning Department and distributed to
the Fire Marshall and County Engineering Departments. Comments from each department will be
distributed to the surveyor or developer.
When comments are received from each department Planning will distribute them to the surveyor
or developer. The Planning Department cannot release any plat without written confirmation from
Engineering.
Rev. 3/00
Adam Rahhal
11 /20/2001 10:26 AM
To: Sam Burgess/NHC@NHC
cc:
Subject: Brookside Gardens (yobb tract) sd#994 final plat
Sam, need a surety for ($7200) before releasing plat.
NEW HANOVER COUNTY
FIRE SERVICES ADMINISTRATION
414 CHESTNUT STREET, ROOM 307
WILiMINGTON, NORTH CAROLINA 23401-4045
TELEPHONE (910) .341-7420
Date
Memorandum
TO............( ) Baird Stewart
(��—Burgess
From .........Wayne Bums, Fire Marshal
PLAN/PLOT REVIEW
Project name 6rauk S,-Jc Cgtj' -5
Comments v-e
T O : C]
0
0
0
0
0
0
0
0
0
Zoning Enforcement FWUfb-VEp OCT '? 2001
Bell South / Wood FROM:
SCS / Stowell
Emergency Services / Summers
NCDOT / Cooke
NC Coastal Management / Brook / Rosich
Corps of Engineers / Pennock
County Schools / Wayne
Environmental Health / Harvell
E911 / Hewlett
Engineering / Rahhal / Craig
Fire Marshall / Burns
Environmental Management / Lewis
Volunteer Fire Department
CP&L / Cobb
ZY Burgess, S.
0 Stewart, B .
rDATE: 0c-+oby, 3i; 22o1
0 Preliminary Plan 0 Revised Plan
Final Plat 0 Minor Plat
MESSAGE:
Project Name:
�2v r d o a-k „; rt
k
Special Instructions:
THE PLANNING DEPARTMENT IS LOCATED AT 414 CHESTNUT STREET, SUITE 304, WILMINGTON. NC 28401
63 Fixtct.471
LOCATION OF PROPERTY' 1322 -
County i\T, Hanover Access to Route No. N S E W
❑ Miles O ❑ ® ❑
Exact nistance 6� � -- - Feet and Route No. 1322
ti"
01
,.VECEN10 J1_5?5A 2a"
Ll
N. C. DEPARTMENT
OF DRtvEWANC
STREET AN ACCESS NH 4251
PERMIT APPLICATION
Toward 1361
From the intersection of ttoulu wu• i
��-- umer �--
PROPEl3IY WILL BE USED FQR: ❑ Speotal Comm . Mist ❑ Regular Commerdal ®petideetiai/Subdtlkbn City Zenieg Ara.
❑ is �®- is eot .. 'withie
PROPERTY n IIrhm Oeveipprpenl ClassiliCafian
PROPERTY 1S LOCATEu IN: L--J J..,-,
AGREEMENT
property owner, request access and permission to construct driveways) or street(s) on public right-of-way
Street and
1, the undersigned
the above location. or street entrance(s) in absolute conformance with the current Policy
I agree to construct and maintain driveways) Department of Transportation.
Oriveway Access so ns or North objects willlbe placed on oghways" as r over the public d by the rright-of-way.
I agree that n g
ached plans).
agree that the driveway(s) or streets) will be constructed a nc ude any approach tapers, storage lanes or speed verse side) (the ichange lanes as
Iag
I agree that driveway(s) or street(s) as used in this agreementor street s located on public
deerned necessary.sary, the
I agree that if any future improvements to ft a oft he North Carolina Department rof Ttion ransportatiof d n, and and I w 11 not be entitled to
light -of -way will be considered the pr es y
reimbursement or have any claim for presenl expenditures for driveway or street construction.
that this areal becomes void if construction of driveway(a) or street(s) is not completed within the time specified
by dotheby hs.
I agree P
,,Policy on Street and Driveway Access to North Carolina Highways".
a 50inspection feeforinstallati
I agree to pay an installation fee for pipe installed by the Division of Hight applicys raioY is denied.
Make checks payable to NCDOT. The inspection fee will be reimbursed if application
I agree to cons
truct and maintain the driveway(s) or street(s) in a safe manner so as not 10 Interfere with or endanger the pubic
travel.
rot Devices for Streets and Highways" and Amendments or
I agree to pr
ovide during construction proper signs, signal light , lagers and other warning devices for -the protection of traffic m
conformance with the current "Manual on Uniform TrafficContbained from the Division Engineer.
Supplements thereto. Information as to the aboveuleCarofind r Department nt ns m y be 0 otnation from all damages and .claems for damage
i I agree to indemnify and saveharmless the construction. North
that may arise by reason of this
at the North Carolina Department of Transportation wllo?rtsits construction. responsibility for any damages that maybe o ed on the
l agree th right limits, in carrying sac;h facilities, within the highway g
1 agree to provide a Performance Bond in the amount specified by the Division of Highways for any construction proposed
State Highway system.
I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND 'WH sY IT IS COMPLETED, (v ) OTHERS O
INSTAL J' !j
Pile laa"die ►
Enira�u
Plpt
IrAgUatiin Smistaelary
(Yaa/Nal
AMOUNT
RECEIVED
Wwt(:l
sin Lensta
Costs
�
•
AWMATtME
l
INSPECTION BY NCOOT
2.
3. _ _•_--•------ ----- SMNATUAE
W{TNESS
(TITLE) OAT
PROPERTY OWNER
-,dall Terra Holdin
Co . Inc . NAME
Beck M. Hines
NAME Robin Ra
ATURE
SIGNATURE
ADDRESS
406 No Third
Street
2313 New Orleans Place
ADDRESS �-----
(910) 256-0424
Wilmin ton NC
28401
Wilmington NC 28403 prone No.
�---
WITNESS
APPLICANT
Becky M. Hines
SAM]?
NAME
NAME
RE
SIGNATURE
ADDRESS
406 Nort ird
Street
ADDRESS 2313 New Orleans Place
910 256-0424
Wilmin ton NC
28401
Wilton NC 28403 P�,om No.
to Local District Engineer,
N.C. Department of Transportation TIES ss oa
. o-�.es NOTE: Submit Four Copies of Application
r
56
TO: 0
Zoning Enforcement / Hines
0
Bell South / Wood
0
SCS / Stowell
0
Emergency Services / Summers
NCDOT / Cooke
NC Coastal Management / Brook / Rosich
0
Corps of Engineers / Pennock
0
County Schools / Wayne
0
Environmental Health / Harvell
0
E911 / Hewlett
Ei'
Engineering / Rahhal / Craig
®'
Fire Marshall / Burns
0
Environmental Management / Lewis
L
Volunteer Fire Department
0
CP&L / Cobb
FROM: Burgess, S.
C] Stewart, B.
r DATE: O c-tob)u, 3 I l, 2 n01
0 IE C
0 Preliminary Plan 0 Revised Plan
i Final Plat 0 Minor Plat
MESSAGE:
Project Name: 2)j,cAo,'_8cs G«,-Ae,,-3
2v d o e k V.
•T h
w--
Special Instructions:
THE PLANNING DEPARTMENT IS LOCATED AT414 CHESTNUT STREET, SUITE 304, WILMINGTON, NC 28401