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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. 2 S:\WOJL\Terra-PremieADeclarationBrookside.wpd-vms 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; 3 S:\WOJL\Terra-Premier\DeclarationBrookside.wpd-vms 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. 4 S:\W OJ L\Terra-Premier\Decla rationBrookside.wpd-vm s (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 5 S:\WOJL\Terra-Premie6DeclarationBrookside.wpd-vms 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: 6 S:\W OJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 7 S:\WOJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 8 S:\WOJL\Terra-PremieADeclarationBrookside.wpd-vms 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. 9 S:\W OJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 10 SAWOJL\Terra-Premier\Declaration Brooksidempd-vms 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. 11 S:\W OJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 12 S:\WOJL\Terra-Premier\DeclarationBrookside.wpd-vms 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. 13 S:\WOJL\Terra-PremierkDeclarationBrookside.wpd-vms 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 S:\WOJL\Terra-Premie6DeclarationBr6okside.wpd-vms 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. 15 S:\WOJL\Terra-Premier\Declaration8rookside.wpd-vms 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 SAW OJL\Terra-Premier\DeclarationBrooksidempd-vms 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 S:\W OJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 18 S:\WOJL\Terra-PremierADeclarationBrookside.wpd-vms 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 S:\WOJL\Terra-Premier\DeclarationBrookside.wpd-vms 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 S:\WOJL\Terra-Pre mier\Decla ration Brooksidempd-vms 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 S:\WOJL\Terra-Premier\DeclarationBrookside.wpd-vms 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,#� ? 4� ' 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