Final Plat Sec 1 - Approved 09-02-1987F
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SUBJEG: DATE
MESSAGE
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SIGNED
PLEASE REPLY BELOW
DATE SIGNED
DETACH /-\,ND RETAIN YELLOW COPY
COASTAL CAROLINA DEVELOPERS, INC.
2905 MARKET STREET
WILMINGTON, NORTH CAROLINA 28403
(919) 762-8316
September 2, 1987
Jackl; Stocks;
211 North 5th Street
Wilmington, N. C. 28401
RE: Brittany Woods Subdivision
Dear Mr. Stocks:
This letter is to advise that Coastal Carolina Developers, Inc.
will maintain all conservation common areas as shown on map of
Section 1 Brittany Woods until such time as we can set up the
Homeowners Association for the permit maintenance of these areas.
It is further understood that we will not request the recording of
any additional sections until the Association has infact been set up
as required by New Hanover County.
Sincerely,
W. H. rathwo
President
WHG/lgt
ENGINEERING & FACILITIES
C. ED HILTON, JR., P.E.
Director
WYATT E. BLANCHARD, P.E.
County Engineer
September 4, 1987
MEMORANDUM
NEW HANOVER COUNTY
ENGINEERING AND FACILITIES DEPARTMENT
414 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
TELEPHONE (919) 341-7139
TO: Sam Burgess/Pete Avery
County Plannin
FROM: Jim Crai
County sneering
RE: Subdivision Reviews
Crosswinds, Section 1 (Final) - A surety for $151,000 will
be sufficient to complete improvements.
Brittanywoods, Section 1 (Final) - A surety for $2,650 will
be sufficient to complete improvements.
Lakeside Villas at Landfall (Final) - No objection as long
as present surety covers improvements. Sewer is being
reviewed.
Olde Forest (Preliminary) - Have Mr. Cribb get in contact
with me on drainage. A 40' right-of-way is not allowed with
side ditches must be 45'. He will need to get a grading
permit, so please contact this office. All lots must be
served with a sewer collection system. Sewer plans to be
approved through this office.
Wendover North (Preliminary) - All lots must be served with
a sewer collection system. Grading permit has been applied
for. Drainage will be handled through the grading permit.
r
ARTICLES OF INCORPORATION
OF
COASTAL CAROLINA OWNERS ASSOCIATION
In compliance with the requirements of the Nonprofit Corpo-
ration Act, North Carolina General Statutes, Chapter 55-A, the
undersigned natural person, a resident of the State of North
Carolina and eighteen (18) years of age, and more, has hereby
formed a corporation, not for profit, and does hereby certify
that:
ARTICLE I
The name of the corporation is COASTAL CAROLINA OWNERS
ASSOCIATION, hereinafter referred to as the "ASSOCIATION".
ARTICLE II
The period of duration of the corporation is perpetual.
ARTICLE III
The purpose for which the ASSOCIATION is organized is to
provide a nonprofit owners association composed of the record
owners of lots located upon or within those certain developments
of real property, taken or developed from the property described
on Exhibit "A" hereto attached, made a part hereof, and incorpo-
rated herein by reference. Provided, no owner of any such lot or
lots shall be affected by or subject to these Articles or the
By -Laws of this Association unless and until the Developer of the
Property described on Exhibit "A" has placed upon the public
records of New Hanover County, North Carolina, a set of Restrict-
ive Covenants providing specifically that said lot or lots are
subject hereto and that the owners of lots therein are specifi-
cally subject to these Articles and the By -Laws of this Associ-
ation.
For the purposes hereof, the Developer of the property
described on Exhibit "A" is COASTAL CAROLINA DEVELOPERS, INC.,
its successors and assigns.
The ASSOCIATION shall provide for the care, protection,
maintenance, preservation and architectural control of the
developments subject hereto and shall promote the health, safety
and welfare of the residents thereof, and in furtherance of these
responsibilities the ASSOCIATION shall:
a. Own, maintain, preserve and care for all of the en-
trance areas, conservation areas, drainage areas and ways, parks,
recreation areas, and amenities, if any, and the improvements
thereon, of the real property subject hereto;
b. perform and exercise all of the rights, duties, privi-
leges and powers delegated to the ASSOCIATION by the provisions
of those certain DECLARATIONS OF ARTICLES OF RESTRICTIONS,
hereinafter referred to as the "Declaration", applicable to the
real property subject thereto and recorded or to be recorded in
the Office of the Register of Deeds of New Hanover County, North
Carolina; said Declarations being incorporated herein as if set
forth at length;
C. have, exercise and perform any and all powers, rights,
privileges and duties which a corporation organized pursuant to
the provisions of the Nonprofit Corporation Act of the State of
North Carolina by law now or hereafter may have or exercise.
R1 ALS, JAGxSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
ARTICLE IV
All persons who own a lot or lots in any development made
subject to these Articles and the By -Laws of this ASSOCIATION
shall be members of the ASSOCIATION. There shall be only one
class of members.
ARTICLE V
The Directors of the ASSOCIATION shall be elected by the
members of the ASSOCIATION in the manner provided by the By -Laws
of the ASSOCIATION.
ARTICLE VI
No part of the net income of the ASSOCIATION shall inure to
the benefit of any officer, director or member of the ASSOCIA-
TION; and upon dissolution of the ASSOCIATION the assets thereof
shall, after all of its liabilities and obligations have been
discharged or adequate provisions made therefor, be distributed
as provided for by the Nonprofit Corporation Act of the State of
North Carolina.
ARTICLE VII
The address of the initial registered office of the ASSOCI-
ATION is 620 Market Street, Wilmington, New Hanover County, North
Carolina 28401, and the name of the initial registered agent at
such address is FRANKLIN N. JACKSON.
ARTICLE VIII
The number of Directors constituting the initial Board of
Directors shall be three (3), and the names and addresses of the
persons who are to serve as Directors until their successors are
chosen and qualify are:
NAME ADDRESS
W. Thomas Wilson 2905 Market Street
New Hanover County
Wilmington, N.C. 28403
W. H. Grathwol
B. Leon Skinner
2905 Market Street
New Hanover County
Wilmington, N.C. 28403
5019 Carolina Beach Road
New Hanover County
Wilmington, N.C. 28401
The name and address of the incorporator is:
NAME
Franklin N. Jackson
IN WITNESS WHEREOF,
seals, this the -X/,cf-
ADDRESS
620 Market Street
New Hanover County
Wilmington, N.C. 28401
we have ereunto set our hands and
day of .,� , 1987.
(SEAL)
FRANKLIN N. JACKS , Incorporator
E
RYALS, JAGUSON & MILLS
WILMINGTON. NORTH CAROLINA 28402.0147
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, =cL� •°- k I -T-k - ,-, -n, a Notary Public, in and
for the State and County aforesaid, do hereby certify that
FRANKLIN N. JACKSON personally appeared before me this day and
acknowledged the due execution of the foregoing ARTICLES OF
INCORPORATION.
WITNESS my hand and notarial stamp or seal, this the
day of _ sew<��✓ , 1987.
K'
Notary Public
My ommission Expires:
( FFIX NOTARIAL SEAL)
/COASTALI
3
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
Exhibit "A"'
TRACT NO. 1: BEING known as the Arabella Gore Harriss #2 Tract,
which was conveyed as Tract #1 in deed recorded in Book 390, at
page 564 of.the New Hanover County Registry.
BEGINNING at a pipe in the northern edge of the Gordon Road as
now laid out, said beginning point being 60.63 chains as measured
southwardly along the northern edge of said Gordon Road from the
center of the bridge crossing Smith's Creek:
1. Runs thence from said Beginning point N 15 deg. 50 min. E 20
chains to a pipe;
2. Thence N 74 deg. 10 min. W 44.13 chains to a pipe in the
edge,of Cane Branch;
3. Thence S 16 deg.•10 min. W crossing said branch 5.46 chains
to a stone marked "DLG";
4. Thence N 63 deg. 20 min. W 1.75 chains to a pipe in the edge
of Cane Branch;
Vollers, Moore i Harris #2
5. Thence N 17 deg. 10 min. E 1.39 chains to a pipe in the run
of Cane Branch;
6. Thence down and with the run of Cane Branch to where the
same empties into the run of Smith's Creek, said Cane Branch
being traversed as follows:
S 54 deg. 20 min. W 0.92 chains
N 72 deg. 15 min. W 4.81 chains
S 71 deg. 35 min. W 0.85 chains
N 86 deg. 10 min. W 1.66 chains
N 71 deg. 50 min. W 1.69 chains
N 45 deg. 20 min. W 2.78 chains
7. Thence up and with the run of Smith's Creek to an iron pipe
in the run of Smith's Creek, said iron pipe being a corner
of the John Murray line and said Smith's Creek being
traversed as follows:
N 0 deg. 20 min. W 2.52 chains
N 56 deg. 45 min. E 4.34 chains
N 39 deg. 40 min. E 2.32 chains
N 67 deg. 40 min. E 1.92 chains
N 27 deg. 35 min. E 1.94 chains
N 7 deg. 05 min. E 1.83 chains
N 17 deg. 50 min. W 3.35 chains
N 15 deg. 50 min. E 2.43 chains
N 47 deg. 10 min. W 2.00 chains
N 21 deg. 40 min. E 1.50 chains
N 39 deg. 05 min. E 3.46 chains
N 66 deg. 30 min. E 1.50 chains
N 28 deg. 50 min. E 1.93 chains
N 12 deg. 00 min. W 1.83 chains
N 61 deg. 45 min. E 2.69 chains
N 4 deg. 25 min. E 1.24 chains
N 69 deg. 10 min. E 1.31 chains
N 23 deg. 25 min. E 1.99 chains
N 86 deg. 20 min. E 1.42 chains
N 27 deg. 15 min. E 6.39 chains
N 22 deg. 15 min. E 1.04 chains
N 27 deg. 50 min. W 2.23 chains
N 29 deg. 30 min. E 2.50 chains
N 63 deg. 10 min. E 2.40 chains
N 34 deg. 25 min. E 1.93 chains
N 25 deg. 20 min. E 2.58 chains
N 11 deg. 10 min. W 1.19 chains
N 58 deg. 10 min. E 1.57 chains
N 62 deg. 30 min. E 1.36 chains
N 87 deg. 25 min. E 1.11 chains
N 28 deg. 50 min. E 0.89 chains
N 83 deg. 10 min. E 1.43 chains
N 37 deg. 40 min. E 1.30 chains
N 1 deg. 10 min. W 1.71 chains
N 48 deg. 20 min. E 1.73 chains
N 75 deg. 40 min. E 1.87 chains
N 38 deg. 10 min. E 2.05 chains
N 72 deg. 40 min. E 1.96 chains
S 84 deg. 05 min. E 1.33 chains
N 80 deg. 00 min. E 0.93 chains
S 68 deg. 40 min. E 2.91 chains
N 50 deg. 05 min. E 2.72 chains
N 62 deg. 25 min. E 1.24 chains
N 26 deg. 10 min. E 1.62 chains
S 80 deg. 55 min. E 1.18 chains
S 40 deg. 35 min. E 0.78 chains
N 81 deg. 15 min. E 1.99 chains
N 53 deg. 10 min. E 0.54 chains
S 88 deg. 00 min. E 1.07 chains
S 36 deg. 50 min. E 1.64 chains
S 81 deg. 00 min. E 2.99 chains
S 79 deg. 05 min. E 1.73 chains
N 51 deg. 15 min. E 1.38 chains
- 2 -
Vollers, Moore i Barris 12
N 44 deg. 15 min. E 1.77 chains
N 27 deg. 20 min. E 1.01 chains
S 82 deg. 15 min. E 1.07 chains
S 40 deg. 40 min. E 2.28 chains
S 54 deg. 20 min. E 2.34 chains
N 77 deg. 25 min. E 1.02 chains
N 24 deg. 05 min. E 0.74 chains
S 83 deg. 20 min. E 2.32 chains
N 77 deg. 45 min. E 3.07 chains -
N 54 deg. 10 min. E 1.67 chains
S 19 deg. 50 min. E 1.60 chains
N 86 deg. 55 min. E 2.16 chains
N 38 deg. 00 min. E 1.82 chains
S 82 deg. 00 min. E 0.73 chains
N 70 deg. 40 min. E 2.24 chains
N 24 deg. 00 min. E 1.28 chains
N 49 deg. 10 min. E 2.10 chains
S 80 deg. 10 min. E 2.73 chains
N 57 deg. 00 min. E 1.16 chains
N 19 deg. 40 min. W 1.07 chains
N 84 deg. 35 min. E 5.26 chains
N 44 deg. 10 min. E 1.59 chains
N 6 deg. 20 min. E 0.91 chains
N 40 deg. 30 min. E 1.24 chains
N 68 deg. 50 min. E 1.59 chains
N 46 deg. 45 min. E 1.92 chains
N 74 deg. 20 min. E 2.24 chains
N 24 deg. 50 min. E 2.41 chains
N 69 deg. 55 min. E 1.46 chains
S 81 deg. 35 min. E 1.54 chains
N 78 deg. 20 min. E 2.75 chains
N 55 deg. 15 min. E 2.86 chains
S 56 deg. 00 min. E 1.20 chains
S 64 deg. 25 min. E 2.86 chains
S 59 deg. 05 min. E 2.20 chains
S 35 deg. 20 min. E 1.67 chains
S 25 deg. 35 min. E 2.01 chains
S 47 deg. 35 min. E 1.29 chains
S 17 deg. 05 min. E 2.92 chains
S 48 deg. 15 min. E 4.45 chains
S 77 deg. 00 min. E 2.23 chains
N 87 deg. 40 min. E 1.97 chains
S 60 deg. 20 min. E 2.73 chains
S 86 deg. 40 min. E 4.89 chains
S 40 deg. 20 min. E 2.39 chains
N 76 deg. 40 min. E 1.86 chains
S 62 deg. 45 min. E 2.15 chains
N 83 deg. 15 min. E 5.35 chains
N 68 deg. 40 min. E 5.43 chains
8. Thence N 19 deg. 23 min. W 18.63 chains to an iron pipe;
9. Thence N 20 deg. 22 min. W 19.66 chains crossing an old road
and a branch to a stone marked "DLG";
10. Thence S 86 deg. 00 min. W 23.94 chains to a pipe on the
south edge of a ditch;
11. Thence N 4 deg. 00 min. W 0.46 chains crossing said ditch to
a pipe;
12. Thence N 29 deg. 38 min. E 34.69 chains to an angle iron, an
old corner;
13. Thence S 58 deg. 47 min. E 61.16 chains to a stone marked
"DLG" and a corner of the J. D. Dixon Tract;
14. Thence S 30 deg. 05 min. W 32.61 chains to an iron pipe in
the run of Smith's Creek;
15. Thence up and with the run of Smith's Creek to a point, said
run being traversed as follows:
- 3 -
Vollers, Moore i Harris #2
.. S 89 deg. 30 min. E 1.37 chains
N 73 deg. 10 min. E 2.58 chains
S 59 deg. 45 min. E 1.39 chains
S 78 deg. 05 min. E 0.95 chains
S 51 deg. 40 min. E 1.37 chains
16. Thence N 84 deg. 55 min. E 6.12 chains;
17. Thence S 63 deg. 05 min. E 1.99 chains;
18. Thence N 70 deg. 50 min. E 1.61 chains;
19. Thence N 85 deg. 25 min. E 2.87 chains;
20. Thence'N 72 deg. 25 min. E 2.66 chains;
21. Thence S 85 deg. 15 min. E 1.86 chains to a stone marked
"DLG", another corner of the J. D. Dixon tract;
22. Thence S 8 deg. 34 min. W 26.88 chains crossing Partridge
Island to an iron pipe in the run of Buck Branch;
23. Thence S 41 deg. 54 min. W 30.35 chains along the Vollers
line to an iron pipe, an old corner;
24. Thence S 50 deg. 50 min. E 19.53 chains along the Vollers
line to an iron pipe;
25. Thence S 8 deg. 30 min. W 56.15 chains passing through a bay
and a stone marked "DLG" to another stone marked "DLG" in
the edge of a bay;
26. Thence N 13 deg. 30 min. W 4.98 chains to a ten inch pine;
27. Thence N 80 deg. 50 min. W 4.98 chains to an eight inch
pine;
28. Thence S 63 deg. 40 min. W 3.20 chains to a twelve inch
pine;
29. Thence N 47 deg. 15 min. W 4.62 chains to a ten inch pine;
30. Thence N 31 deg. 15 min. W 6.80 chains to a six inch pine;
31. Thence N 73 deg. 35 min. W 5.06 chains to a twelve inch
pine;
32. Thence S 46 deg. 40 min. W 4.50 chains to an eight inch
pine;
33. Thence S 61 deg. 45 min. W 2.96 chains to a fourteen inch
pine;
34. Thence N 85 deg. 30 min. W 3.29 chains to a stone marked
"DLG" in the edge of the bay;
35. Thence N 2 deg. 01 min. E 14.64 chains to an iron pipe;
36. Thence S 89 deg. 20 min. W 39.79 chains to a stone in the
run of a branch;
37. Thence down and with the run of said branch, now a ditch, to
a point where it intersects the Gordon Road, said run being
traversed as follows:
S 0 deg. 15 min. W 2.36 chains
S 12 deg. 50 min. E 2.49 chains
S 6 deg. 25 min. W 1.44 chains
S 4 deg. 05 min. W 3.22 chains
S 28 deg. 10 min. W 1.49 chains
S 50 deg. 10 min. W 2.82 chains
S 44 deg. 55 min. W 3.20 chains
- 4 -
Vollers, Moore & Harris #2
r S 9
deg.
45 min.
W 4.33
chains
S 23
deg.
55 min.
W 3.43
chains
S 47
deg.
15 min.
W 1.68
chains
S 0
deg.
50 min.
W 1.29
chains
38. Thence along the northern edge of the Gordon Road N 56 deg.
25 min. W 8.87 chains to a point;
39. Thence N 56 deg. 40 min. W along the northern -edge of said
road 25.95 chains to a point;
40. Thence N 74 deg. 10 min. W along northern edge of said road
9.46 chains to an iron pipe, the beginning, containing
1,650.27 acres and being a part of what is generally known
as Harriss #2.
TRACT NO. 2: BEING known as the Vollers Tract, which was
conveyed to International Paper Company in deed recorded in Book
404, page 499, New Hanover County Registry, and being more
particularly described as follows: Beginning at an iron pipe in
the Northwestern right of way line of U.S. Highway 17 that runs
from Wilmington to Scotts Hill, North Carolina, said iron pipe
being located 64 chains, as measured along the Northwest line of
U.S. Highway 17, Northwardly from the intersection of U.S.
Highway 17 with the hard surfaced road that runs to the Maccomber
Station or Wrightsville Beach Highway road: runs thence from
said beginning point N 49 deg. 30 min. W 66.86 chains to an iron
pipe a corner of the Arabella Gore lands, now International Paper
Company; thence along the Northeastern line of the Arabella Gore;
now International Paper Company, N 50 deg. 50 min. W 19.53 chains
to an iron pipe, a corner of the Arabella Gore, now International
Paper Company land; thence N 41 deg. 54 min. E 30.35 chains to an
iron pipe in Buck Branch, a corner of the Samuel Bear, now James
D. Dixon lands; thence N 42 deg. 33 min. E along the Samuel Bear,
now J. D. Dixon line, 10.69 chains to an iron pipe, a corner of
the Samuel Bear, now J. D. Dixon land; thence S 55 deg. 31 min. E
along the Samuel Bear, now J. D. Dixon, line 57.34 chains to an
iron pipe; thence S 54 deg. 13 min. E 25.05 chains to an iron
pipe in the Northwestern right of way line of the Atlantic Coast
Line Railroad Co.; thence S 37 deg. 50 min. W, crossing the right
of way of the Atlantic Coast Line Railroad Company, 16.96 chains
to an iron axel in the Northwestern right of way line of U. S.
Highway #17; thence N 60 deg. 0 min. W 33.42 chains to an iron
pipe; thence S 30 deg. 0 min. W 15.97 chains to an iron pipe;
thence S 60 deg. 0 min. E 31.75 chains, crossing the right of way
of the Atlantic Coast Line Railroad Company, to a stone and iron
pipe in the Northwestern edge in the right of way of U. S.
Highway #17; thence along the Northwestern edge of U.S. 17, S 35
deg. 50 min. W 11.23 chains to an iron pipe; thence S 38 deg. 10
min. W 11.23 chains to an iron pipe; thence S 38 deg. 10 min. W
4.17 chains to at iron pipe, the point of beginning but excepting
from the above -described tract the right of way of the Atlantic
Coast Line Railroad Company, the same being lands formerly owned
by Luhr Vollers and containing 320.41 acres as per survey by S.
M. Gladstone, October, 1947.
TRACT NO. 3: BEING known as the Roger Moore Tract, conveyed tc
International Paper Company by deed recorded in Book 418, page
556, New Hanover County Registry, and being more particularly
described as follows: BEGINNING at the Northwest side of the
A.C.L.R.R. Co. right-of-way, formerly called the Wilmington -New
Bern Railroad, at a stake in the old Loper line (sometimes called
Lobard's line); then the side of Loper's line N. 46 deg. 30 min.
W. 2100 feet to the James Moore back line; then with said James
Moore back line S. 46 deg. W. to James Moore's Westernmost corner
of his said back line; then S. 46 deg. 30 min. E. to the
Northwestern side of the right-of-way of the A.C.L.R.R. Co.; then
N 46 deg. E. with and along said right-of-way to the BEGINNING,
containing 75 acres, more or less, and being the same property
conveyed in deed executed 3/22/29 from Roger Moore Sons & Co.. to
Roger Moore and recorded in Book 201 at Page 168 of the New Hanover County Registry.
- 5 -
DECLARATION OF RESTRICTIONS
STATE OF NORTH CAROLINA
r BRITTANY WOODS, SECTION 1
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, COASTAL CAROLINA DEVELOPERS, INC.,
(hereinafter CCD) a North Carolina corporation is the owner of
all of the interest and equity in that certain tract of land
known as BRITTANY WOODS, SECTION 1, and it is the desire of the
undersigned, to ensure the use of said property for attractive
residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot owner the full
benefit and enjoyment of his home with no greater restriction
upon the free and undisturbed use of his lot than is necessary to
ensure the same advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant, agree
and declare to and with all persons, fiirms or corpBRIorations now
owning or hereafter acquiring y ProP Y
SECTION 1, that all of the lots in said subdivision asofshown
the on a
map recorded in Map Book _______ at Page _________
Hanover County Registry, are hereby made subject to the following
restrictions as to the use thereof, running with the land by
whomsoever owned, to -wit:
1. All lots in said Subdivision shall be known as single-
family residential lots, and shall be used for residential
that Developer reserves the right to
purposes only, except
convert any of the lots shown on said map into a street right of
way.
2. No improvement shall be erected, altered, placed upon,
or permitted to remain on any lot other than one detached
single-family dwelling with garage for not more than two cars.
No such garage shall be more than one story in height and shall
never be used for living quarters of any kind, either for guests,
members of the family or servants, and the construction or
maintenance of so called "garage apartments" on any lots is
expressly prohibited.
3. The building plans for all improvements to the
eplotser. If
in
this subdivision must first be approved by
the plans are submitted for approval to an officer, nominee or
successor to CCD and after a period of twenty days from the
delivery thereof, the person or corporation so delivering the
plans has not received either approval, disapproval or request
to
for modification of the plans, then the plans shall
beis
be approved so long as the improvements, dwelling
in general conformity with the other improvements, dwellings and
structures in the subdivision.
4. No building or structure of any kind shall be located
on any lot nearer than 25 feet from the front street line. No
lot
building or structure of any kind shall be lcated however, if
on any nearer than 10 feet from any side lot line, provided,
the owner of two ortnesboundaryadjoining
linelots
linesshall
betweenttheuse
h
lots
fo-- on-- ?residence,
regarded as side boundary lines of the lots.
used shall not be
In computing the front and smeasurementsde setback dshall cbe from ethe osbase
these restrictive covenants, and neither the
or ground level of the building or structure,
feet, nor the estab-
overhang of eaves, not in excess of three
lishment of uncovered stoops violations ofeps thiswithin the covenant. setback
the event
shall be considered of the building line
of the unintentional violation of any
$YALS, cJACKSON tic MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
restrictions herein set forth, the undersigned reserves the right
to change such restrictions accordingly; provided, however, that
such change shall not exceed ten percent (10%) of the marginal
requirement of the building line restrictions existing as to such
lot.
5. No dwelling erected on any of the lots shown on said
map as aforesaid shall have less than 1700 square feet with
attached two car garage, or a minimum of 1850 square feet without
a garage, when measured by exterior foundation, which square
footage shall be exclusive of porches, steps, walks, garages,
carports, storage areas, etc.
6. The Developer reserves for itself, its successors
and/or assigns an easement and right at any time in the future to
grant an easement or right of way under, over and along the side,
rear and front property lines of each and every lot in the
subdivision described herein, for the installation and main-
tenance of poles, lines, cables, conduits, pipes and other
equipment necessary to or useful for furnishing electric power,
gas, telephone service or other utilities including water and
sewer service, and for drainage.
7. No culvert or pipe shall be placed in any street or
road, ditch or drain unless it in all respects meets the stan-
dards set by the governmental authority having jurisdiction over
the same. No drainways along any lot within the subdivision may
be filled or modified except with the written permission from the
Developer.
8. No commercial trade or activity, or any noxious trade
or activity whatsoever, shall be carried on upon any lot, nor
shall anything be done thereon which may be, or may become, an
annoyance or nuisance to other lot owners. In the event yards in
the subdivision are not properly maintained they may be cleaned
by the Developer at the owner's expense. Unsightly, inoperative
junk cars and like eyesores cannot be maintained on any lot or on
any street in the subdivision either prior to or after the
dwelling has been erected and any such automobiles may be removed
by the Developer at the lot owner's expense.
9. No structure of a temporary character, trailer, mobile
home, tent, shack, garage apartment, barn or other outbuilding
shall be used on any lot, either temporarily or permanently,
either by the owners of said lot or any other persons, as living
quarters.
10. All buildings, structures and their appurtenances shall
be maintained in a suitable state of repair, and in the event of
destruction by fire or other casualty, premises are to be cleared
and debris removed within ninety (90) days from date of such
casualty.
11. No animals, other than domesticated dogs, cats or other
household pets, may be kept or housed on any lot. No dogs, cats
or other household pets may be kept, bred or maintained for any
commercial purposes; nor may they be kept in such numbers or of
such nature as to be or become a nuisance to adjoining property
owners or any residents of the subdivision.
12. No lot area shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste, and such
materials may not be kept on any lots, except in sanitary con-
tainers. All incinerators or other equipment for the storage or
disposal of such materials shall be kept in a clean and sanitary
condition.
13. Sewerage disposal for any dwelling or other building
erected on any lot shall be by septic tank if approved by the
2
RYALS, JAGKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
I
County Board of Health and all others shall be serviced by a
community sewerage disposal system.
14. No lot as shown on the map of the subdivision above
referred to shall be resubdivided unless each part of the sub-
divided lot becomes a part of another whole lot, except, that
Developer may subdivide any lot, so long as each portion of any
such resubdivided lot meets requirements for said lots estab-
lished by the New Hanover County Board of Commissioners or other
governmental authority having jurisdiction over the property in
question.
15. No fence shall be erected on any lot nearer the front
street line than the rear corners of the house erected on said
lot, and all fences erected shall be of wood or chain link type
composition.
16. No signs of any type or description shall be placed on
or displayed on any residential lot except signs "For Rent" or
"For Sale" which signs shall not exceed six square feet in size.
17. Water to be used for human consumption by the residents
of any lot in the subdivision must be obtained from the community
water system serving said subdivision unless other sources are
approved and authorized by the City -County Board of Health and
the utility company furnishing the subdivision.
18. To provide for the maintenance, repair and upkeep of
entrance areas, conservation areas, drainage areas and ways,
parks, recreation areas and amenities, if any, AND OTHER
PROPERTIES, CCD has formed COASTAL CAROLINA OWNERS ASSOCIATION, a
non-profit corporation organized pursuant to the Non -Profit
Corporation Act of the State of North Carolina, the Articles of
Incorporation for which are recorded in the New Hanover County
Registry in Book at Page
The By -Laws of said Association are recorded in Book
at Page of said Registry. The owners of all
lots in BRITTANY WOODS, SECTION 1, upon acceptance of a deed to
their lot shall automatically become a member of said Association
and shall be subject to all of the terms, conditions and provis-
ions of said Articles of Incorporation and said By -Laws.
CCD shall convey to the Association, and the Associ-
ation shall own in fee the entrance areas and amenities, if any,
referred to hereinabove, of the property, and all of the improve-
ments thereon.
19. Every owner of a fee simple title to a lot within the
development shall be deemed to own, possess and have accepted:
(a) The membership(s) in the COASTAL CAROLINA
OWNERS ASSOCIATION appurtenant to his lot(s);
(b) An undivided equal interest with all other
owners, for each membership in the Association owned, in the
Association and all of its assets;
(c) An easement of enjoyment, equal to that of
all other owners, in and to the common elements, subject to:
(i) The right of the Association to dedicate
or transfer all or any part of the areas and amenities, if any,
subject hereto, for such purposes and subject to such conditions
as the Association may determine, acting by and pursuant to the
provisions of its duly enacted By -Laws.
3
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
(d) The duty of complying with and abiding by all
of the provisions of these Articles, the By -Laws of the Associ-
ations and the Rules and Regulations of the Associations, includ-
ing the payment of dues and assessments as provided in the
By -Laws.
20. Invalidation of any one of these covenants by judgments
or court order shall in no way affect any of the other covenants
herein, which shall remain in full force and effect.
21. If the parties hereto, or any of them, or their heirs
and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in said BRITTANY WOODS, SECTION
1 to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such
covenants, and either to prevent him or them from doing or to
recover damages or other dues for such violation.
22. In the event that the Developer shall seek to obtain
approval of these covenants and the plan of development of the
Properties in order that the Dwelling Units and Sites and im-
provements constructed thereon will be eligible for loans ap-
proved or guaranteed by the Veterans Administration, hereinafter
called "VA", or the Department of Housing and Urban Development,
hereinafter called "HUD", or Federal National Mortgage Assoc-
iation, hereinafter called "Fannie Mae", or the Federal Home Loan
Mortgage Corporation, hereinafter called "Freddie Mac", it is
likely that HUD, VA, Fannie Mae or Freddie Mac will require
changes in this Declaration in order to make the lots and im-
provements thereon eligible for VA, HUD, Fannie Mae or Freddie
Mac loans. In such event, Developer, without the consent or
approval of any Owner or Member shall have the right to amend
this Declaration. When this Declaration, By -Laws and Articles of
Incorporation have been approved by VA, HUD, Fannie Mae, and
Freddie Mac, then this paragraph shall be considered null and
void and the Developer shall not have any further rights here-
under to amend except upon approval of Membership.
23. These restrictions are subject to being altered,
modified, cancelled or changed at any time as to said subdivision
as a whole or as to any subdivided lot or part thereof by written
document executed by the Developer, its successors and/or assigns
and by the owners of not less than sixty percent (60%) of the
lots of said subdivision to which these restrictions apply, and
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina; provided, Developer shall have the right
to amend said restrictions at any time prior to ,
without consent of any such owner or owners.
24. Developer shall have no responsibility for maintaining
any drainage easements in connection with any lot sold. All
maintenance shall be the responsibility of the purchaser of a
lot, his successors and/or assigns. Within the easements
reserved to Developer no structure, planting or other material
shall be placed or permitted to remain which may damage or
interfere with the installation or maintenance of utilities or
which may change the direction or flow of drainage channels in
the easements. The easement area of the lots and all improve-
ments to it shall be maintained by the owner of the lot except
for the improvements for which a public authority or utility
company is responsible.
25. The Developer reserves the right to subject the real
property in the subdivision to contracts with public utility
companies for the installation of utility lines, mains, poles and
other equipment for the provision of utility service to the lots
which may require a continuing monthly payment to such utility
companies by the owners of each lot.
4
RYALS, cJACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
SCOPE OF RESTRICTIONS
THESE RESTRICTIONS APPLY ONLY TO SECTION 1, BRITTANY WOODS
SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE,
AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A
REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE
RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY
OWNED BY DEVELOPER AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK
, AT PAGE IN SAID REGISTRY. DEVELOPER FOR
ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION 1,
BRITTANY WOODS, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOP-
MENT OF THE REAL PROPERTY DESCRIBED IN THE DEED REFERENCED
HEREIN, AND THAT THE REMAINDER OF SAID PROPERTY MAY AND CAN BE
USED, DEVELOPED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND
SUBJECT TO RESTRICTIONS OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, CCD has caused this instrument to be
signed in its corporate name by its President or Vice -President,
sealed with its corporate seal, and*attested by its Secretary, or
Assistant Secretary, this day of , 1987.
ATTEST:
Secretary
(AFFIX CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
COASTAL CAROLINA DEVELOPERS, INC.
BY:
President
I, , a Notary Public of said
County and State, do hereby certify that
, personally came before me this day
and acknowledged that he/she is Secretary of
COASTAL CAROLINA DEVELOPERS, INC., and that, by authority duly
given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, sealed with
its corporate seal, and attested by himself/herself as its
Secretary.
WITNESS my hand and notarial
, 1987.
My Commission Expires:
(AFFIX NOTARIAL SEAL)
/BRITTANY
5
seal this day of
Notary Public
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
1392 0793
STATE OF NORTH CAROLINA DECLARATION OF RESTRICTI S�
BRITTANY WOODS, SECTION'
COUNTY OF NEW HANOVER
m C:o
1 <o a
KNOW ALL MEN BY THESE PRESENTS:
n m are
That the undersigned, COASTAL CAROLINA DEVELOPERS, cWC colm
(hereinafter CCD) a North Carolina corporation is the owner■ of
all of the interest and equity in that certain tract of land
known as BRITTANY WOODS, SECTION 1, and it is the desire of the
undersigned, to ensure the use of said property for attractive
residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot owner the full
benefit and enjoyment of his home with no greater restriction
upon the free and undisturbed use of his lot than is necessary to
ensure the same advantages to the other lot owners;
NOW, THEREFORE, the lndersigned does hereby covenant, agree
and declare to and with all persons, firms or corporations now
owning or hereafter acquiring any property in BRITTANY WOODS,
SECTION 1, that all of the lots in said subdivision as shown on a
map recorded in Map Book 27 at Page 141 of the New Hanover County
Registry, are hereby made subject to the following restrictions
as to the use thereof, running with the land by whomsoever owned,
to -wit:
1. All lots in said Subdivision shall be known as single-
family residential lots, and shall be used for residential
purposes only, except that Developer reserves the right to
convert any of the lots shown on said map into a street right of
way.
2. No improvement shall be erected, altered, placed upon,
f:. Q 'I or permitted to remain on any lot other than one detached
single-family dwelling with garage for not more than two cars.
No such garage shall be more than one story in height and shall
never be used for living quarters of any kind, either for guests,
members of the family or servants, and' the construction or
maintenance of so called "garage apartments" on any lots is
expressly prohibited. Detached garages and storage buildings may
be permitted with the written consent of the Developer, so long
as the design, materials and construction are in keeping with
that of the main structure on said lot.
3. The building plans for all improvements to the lots in
this subdivision must first be approved by the Developer. If
plans are submitted for approval to an officer, nominee or
successor to CCD and after a period of twenty days from the
delivery thereof, the person or corporation so delivering the
plans has not received either approval, disapproval or request
for modification of the plans, then the plans shall be deemed to
be approved so long as the improvements, dwelling or structure is
in general conformity with the other improvements, dwellings and
structures in the subdivision.
4. No dwelling shall be located on any lot (except lots
fronting on a cul-de-sac) nearer than 50 feet from the front
street line (35 feet from the front street line for lots fronting
on a cul-de-sac). Further, no dwelling shall be permitted nearer
than 10 feet to any side lot line, except as may be expressly
permitted in writing by the Developer, and which are permitted by
New Hanover County zoning, subdivision or other ordinances that
may from time to time exist. No other structure shall be permit-
ted on any lot nearer than 5 feet to any side lot line. If the
owner of two or more adjoining lots shall elect to use them for
one residence, the boundary line or lines between the lots so
RETURNED TO
RYALS, JACKSON & MILLS
1
WILMINGTON. NORTH CAROLINA 28402-0147
UK PW
used shall AV rAUA as side boundary lines of the lots.
In computing the front set back and the distances between dwell-
ings on adjoining lots, measurements shall be from the base or
ground level of the building or structure, and neither overhang
of eaves, not in excess of three feet, nor the establishment of
uncovered stoops or steps within the setback area, shall be
considered a violation of this covenant. In the event of unin-
tentional violation of any of the building line restrictions
herein set forth, the undersigned reserves the right to change
such restrictions accordingly; provided, however, that such
change shall not exceed ten percent (10%) of the marginal re-
quirement of the building line restrictions existing as to such
lot.
5. No dwelling erected on any of the lots shown on said
map as aforesaid shall have less than 1700 square feet with
attached two car garage, or a minimum of 1850 square feet without
a garage, when measured by exterior foundation, which square
footage shall be exclusive of porches, steps, walks, garages,
carports, storage areas, etc.
6. The Developer reserves for itself, its successors
and/or assigns an easement and right at any time in the future to
grant an easement or right of way under, over and along the side,
rear and front property lines of each and every lot in the
subdivision described herein, for the installation and main-
tenance of poles, lines, cables, conduits, pipes and other
equipment necessary to or useful for furnishing electric power,
gas, telephone service or other utilities including water and
sewer service, and for drainage.
7. No culvert or pipe shall be placed in any street or
road, ditch or drain unless it in all respects meets the stan-
dards set by the governmental authority having jurisdiction over
the same. No drainways along any lot within the subdivision may
be filled or modified except with the written permission from the
Developer.
8. No commercial trade or activity, or any noxious trade
or activity whatsoever, shall be carried on upon any lot, nor
shall anything be done thereon which may be, or may become, an
annoyance or nuisance to other lot owners. In the event yards in
the subdivision are not properly maintained they may be cleaned
by the Developer at the owner's expense. Unsightly, inoperative
junk cars and like eyesores cannot be maintained on any lot or on
any street in the subdivision either prior to or after the
dwelling has been erected and any such automobiles may be removed
by the Developer at the lot owner's expense.
9. No structure of a temporary character, trailer, mobile
home, tent, shack, garage apartment, barn or other outbuilding
shall be used on any lot, either temporarily or permanently,
either by the owners of said lot or any other persons, as living
quarters.
10. All buildings, structures and their appurtenances shall
be maintained in a suitable state of repair, and in the event of
destruction by fire or other casualty, premises are to be cleared
and debris removed within ninety (90) days from date of such
casualty.
11. No animals, other than domesticated dogs, cats or other
household pets, may be kept or housed on any lot. No dogs, cats
or other household pets may be kept, bred or maintained for any
commercial purposes; nor may they be kept in such numbers or of
such nature as to be or become a nuisance to adjoining property
owners or any residents of the subdivision.
E
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
A®W( PAGE
12. Norlot� areao shaalk be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste, and such
materials may not be kept on any lots, except in sanitary con-
tainers. All incinerators or other equipment for the storage or
disposal of such materials shall be kept in a clean and sanitary
condition.
13. Sewerage disposal for any dwelling or other building
erected on any lot shall be by septic tank if approved by the
County Board of Health and all others shall be serviced by a
community sewerage disposal system.
14. No lot as shown on the map of the subdivision above
referred to shall be resubdivided unless each part of the sub-
divided lot becomes a part of another whole lot, except, that
Developer may subdivide any lot, so long as each portion of any
such resubdivided lot meets requirements for said lots estab-
lished by the New Hanover County Board of Commissioners or other
governmental authority having jurisdiction over the property in
question.
15. No fence shall be erected on any lot nearer the front
street line than the rear corners of the house erected on said
lot, and all fences erected shall be of wood or chain link type
composition. Provided, however, decorative fencing, not to
exceed four (4) feet in height, may be allowed with the express
written consent of the Developer, its successors or assigns, or a
Committee appointed by the Developer, its successors or assigns,
for such purpose.
16. No signs of any type or description shall be placed on
or displayed on any residential lot except signs "For Rent" or
"For Sale" which signs shall not exceed six square feet in size.
17. Water to be used for human consumption by the residents
of any lot in the subdivision must be obtained from the community
water system serving said subdivision unless other sources are
approved and authorized by the City -County Board of Health and
the utility company furnishing the subdivision.
18. To provide for the maintenance, repair and upkeep of
entrance areas, conservation areas, drainage areas and ways,
parks, recreation areas and amenities, if any, AND OTHER PROP-
ERTIES, CCD has formed COASTAL CAROLINA OWNERS ASSOCIATION, a
non-profit corporation organized pursuant to the Non -Profit
Corporation Act of the State of North Carolina, the Articles of
Incorporation for which are recorded in the New Hanover County
Registry in Book 1391, at Page 1690.
The By -Laws of said Association are attached hereto as
Exhibit "A". Said By -Laws provide, among other things, the
assessing and collecting of dues and assignments for maintenance
of the area described herein. The owners of all lots in BRITTANY
WOODS, SECTION 1, upon acceptance of a deed to their lot shall
automatically become a member of said Association and shall be
subject to all of the terms, conditions and provisions of said
Articles of Incorporation and said By -Laws. Further, said
By -Laws are incorporated herein by reference.
CCD shall convey to the Association, and the Associ-
ation shall own in fee the entrance areas and amenities, if any,
referred to hereinabove, of the property, and all of the improve-
ments thereon.
19. Every owner of a fee simple title to a lot within the
development shall be deemed to own, possess and have accepted:
(a) The membership(s) in the COASTAL CAROLINA
OWNERS ASSOCIATION appurtenant to his lot(s), with voting rights
C7
RYALS, JAOKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
raa� P Act
of one vote for each lot owned; 1392 0796
(b) An undivided equal interest with all other
owners, for each membership in the Association owned, in the
Association and all of its assets; ..
(c) An easement of enjoyment, equal to that of
all other owners, in and to the common elements, subject to:
(i) The right of the Association to dedicate
or transfer all or any part of the areas and amenities, if any,
subject hereto, for such purposes and subject to such conditions
as the Association may determine, acting by and pursuant to the
provisions of its duly enacted By -Laws.
(d) The duty of complying with and abiding by all
of the provisions of these Articles, the By -Laws of the Associ-
ations and the Rules and Regulations of the Associations, includ-
ing the payment of dues and assessments as provided in the
By -Laws.
20. Invalidation of any one of these covenants by judgments
or court order shall in no way affect any of the other covenants
herein, which shall remain in full force and effect.
21. If the parties hereto, or any of them, or their heirs
and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in said BRITTANY WOODS, SECTION
1 to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such
covenants, and either to prevent him or them from doing or to
recover damages or other dues for such violation.
22. In the event that the Developer shall seek to obtain
approval of these covenants and the plan of development of the
Properties in order that the Dwelling Units and Sites and im-
provements constructed thereon will be eligible for loans ap-
proved or guaranteed by the Veterans Administration, hereinafter
called "VA", or the Department of Housing and Urban Development,
hereinafter called "HUD", or Federal National Mortgage Assoc-
iation, hereinafter called "Fannie Mae", or the Federal Home Loan
Mortgage Corporation, hereinafter called "Freddie Mac", it is
likely that HUD, VA, Fannie Mae or Freddie Mac will require
changes in this Declaration in order to make the lots and im-
provements thereon eligible for VA, HUD, Fannie Mae or Freddie
Mac loans. In such event, Developer, without the consent or
approval of any Owner or Member shall have the right to amend
this Declaration. When this Declaration, By -Laws and Articles of
Incorporation have been approved by VA, HUD, Fannie Mae, and
Freddie Mac, then this paragraph shall be considered null and
void and the Developer shall not have any further rights here-
under to amend except upon approval of Membership.
23. These restrictions are subject to being altered,
modified, cancelled or changed at any time as to said subdivision
as a whole or as to any subdivided lot or part thereof by written
document executed by the Developer, its successors and/or assigns
and by the owners of not less than sixty percent (60t) of the
lots of said subdivision to which these restrictions apply, and
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina; provided, Developer shall have the right
to amend said restrictions at any time prior to December 31,
1988, without consent of any such owner or owners.
24. Coastal Carolina Owners Association shall be respon-
sible for maintaining all drainage areas and ways and easements
over all lots in the subdivision. No structure, planting or
other material shall be placed or permitted to remain in any such
4
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 26402-0147
0NA
0" PAGE
drainage area, 1Ap,2 eaUmUt or
interfere with the installation
which may change the direction
the easements.
any other easement
or maintenance of
or flow of drainage
which would
utilities or
channels in
25. The Developer reserves the right to subject the real
property in the subdivision to contracts with public utility
companies for the installation of utility lines, mains, poles and
other equipment for the provision of utility service to the lots
which may require a continuing monthly payment to such utility
companies by the owners of each lot.
SCOPE OF RESTRICTIONS
THESE RESTRICTIONS APPLY ONLY TO SECTION 1, BRITTANY WOODS
SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE,
AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A
REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICT-
IONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY
DEVELOPER AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK
1292, AT PAGE 1526 IN SAID REGISTRY. DEVELOPER FOR ITSELF, ITS
SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION 1, BRITTANY
WOODS, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE
REAL PROPERTY DESCRIBED IN THE DEED REFERENCED HEREIN, AND THAT
THE REMAINDER OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED,
CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS
OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, CCD has caused this instrument to be
signed in its corporate name by its President or Vice -President,
sealed with its corporate seal, and attested by its Secretary, or
Assistant Secretary, this 2nd day of October, 1987.
ATTEST: COASTAL CAROLINA DEVELOPERS, INC.
0� . A D,6 4.°X'y :
Secre ary �,�'GP; ••°""''••.�0A(`e.� Presi ent
(AFFIX CORPORATE j'j,)CORPORATE
w I.
'`�•�y C
STATE OF NORTH CAROLINk"111""•"•
COUNTY OF NEkREAt3fDt3M PENDER
I, Dale B. Covil , a Notary Public of said
County and State, do hereby certify that B. Leon Skinner
, personally came before me this day
and acknowledged that he/shax is Assistant Secretary of
COASTAL CAROLINA DEVELOPERS, INC., and that, by authority duly
given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, sealed with
its corporate seal, and attested by himself/MN41(f as its
Assistant Secretary.
WITNESS my hand and notarial seal this 2nd day of
October , 1987.
Notary Public
My Commission Expires:
March 16, 1991
NO
(AFFIX NOTARIAL SEAL)PUSL
/BRITTANY
°Jeele°:oo
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
son PAK JEkV1b1T ".4
092 0798
BY-LAWS
OF
COASTAL CAROLINA OWNERS ASSOCIATION
ARTICLE I.
General Provisions
SECTION 1. - IDENTITY: These are the By -Laws of COASTAL
CAROLINA OWNERS ASSOCIATION, a nonprofit corporation organized
pursuant to the laws of the State of North Carolina; the Articles
of Incorporation for which have been recorded in Book 1391, at
Page 1690, of the Office of the Register of Deeds of New Hanover
County, North Carolina.
SECTION 2. - INCORPORATION: The provisions of these By -Laws
supplement and are enacted pursuant to the provisions of the
above referenced Articles of Incorporation and are applicable to
the record owners of certain lots located upon or within those
certain developments of real property, taken or developed from
the property described on Exhibit "A" hereto attached, made a
part hereof, and incorporated herein by reference. Provided, no
owner of any such lot or lots shall be affected by or subject to
these By -Laws or the Articles of Incorporation hereinabove
referred to unless and until the Developer of the property
described on Exhibit "A" has placed upon the public records of
New Hanover County, North Carolina, a set of Restrictive Cove-
nants providing specifically that said lot or lots are subject
hereto and that the owners of lots therein are specifically
subject to these By -Laws and the Articles of Incorporation
referred to herein. For the purposes hereof, the Developer of
the property described on Exhibit "A" is COASTAL CAROLINA
DEVELOPERS, INC., its successors and assigns.
SECTION 3. - APPLICATION: These By -Laws shall, in conjunct-
ion with the above referenced Articles of Incorporation govern
the affairs, rights, privileges, duties and obligations of the
Association, all owners, the Developer, all mortgagees, bene-
ficiaries under Deeds of Trust, Lessees and occupants of all lots
subject hereto, their employees and all others who may use or
enjoy any of the property subjected hereto, and the acceptance of
a Deed for or conveyance of, or the succeeding to title to, or
the entering into a lease for, or the actual occupancy of, or use
of a lot, the entrance areas, conservation areas, drainage areas
and ways, parks, recreation areas, and amenities, if any, or any
of the improvements thereon by any of the above shall constitute
an acceptance by the same of the provisions of these By -Laws, the
Rules and Regulations enacted pursuant hereto and the provisions
of the herein above referenced Articles, and an agreement to
comply and abide by the same.
SECTION 4. - PRINCIPAL OFFICE: The principal office of the
Association and of the Board of Directors shall be located at
2905 Market Street, Wilmington, New Hanover County, North
Carolina, 28403. /
ARTICLE II.
Membership
SECTION 1. - IDENTIFICATION: The Association shall have
only one class of members. Each membership shall be appurtenant
to and shall not be severed from the fee simple ownership of a
lot subject hereto. The rights, duties, obligations, powers and
privileges appurtenant to each membership shall be exercised by
the fee simple owner of the lot to which such membership is
appurtenant. Any devise, contract for the sale of, Deed, or
other means of conveyance of any such lot shall be deemed to
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
no PASE
1392 0799
include the appurtenant membership in the Association. No
portion of the rights, privileges, powers, duties or obligations
appurtenant to each membership in the Association may be sold,
transferred or otherwise disposed of, except as part of a sale,
transfer or other disposition of the lot to which such membership
is appurtenant.
SECTION 2. - RECORDS: The Secretary of the Association
shall maintain at the principal office of the Association a
register of all of the current owners of memberships in the
Association and the mailing address of each owner and of all
mortgagees or beneficiaries under Deeds of Trust of all such
lots.
SECTION 3. - VOTING RIGHTS: Each membership shall be entitl-
ed to one (1) vote for each lot owned, in all matters of the
Association requiring a vote of the membership. If a membership
is owned by one (1) person his right to vote shall be established
by the record title to his lot. If a membership is owned by more
than one (1) person, or is under lease, the person entitled to
cast the vote for such membership shall be designated by a
certificate signed by all of the record owners of such membership
and filed with the Secretary of the Association. If a membership
is owned by a corporation, the person entitled to cast the vote
for that membership shall be designated by a certificate signed
by the President or Vice President and attested by the Secretary
or the Assistant Secretary of such corporation and filed with the
Secretary of the Association. If a membership is owned by a
partnership, whether general or limited, or a joint venture, the
certificate designating the voting member shall be signed by all
partners or joint venturers, as the case may be. Such certifi-
cates shall be valid until revoked or superceded by a subsequent
certificate or until a change occurs in the ownership of the
membership concerned. A certificate designating the person
entitled to cast the vote of a membership may be revoked by any
owner of such membership. If such a certificate is not on file,
the vote of such membership shall not be considered in determin-
ing the requirements for a quorum nor for any other purpose under
these By -Laws.
SECTION 4. - MORTGAGEES AND TRUSTEES UNDER DEEDS OF TRUST:
In the event that any such lot is conveyed by mortgage or by Deed
of Trust, then the rights, duties, obligations, powers and privi-
leges appurtenant to the membership appurtenant to such lot shall
be exercised by the owner of the equity in the lot, and not by
the mortgagee under any mortgage or the trustee or beneficiary
under any Deed of Trust against such lot.
SECTION 5. - ANNUAL MEETINGS: Subject to the provisions of
Article VI of these By -Laws, the annual meetings of the Associa-
tion shall be held on the last Saturday in July of each year
unless such date shall occur on a legal holiday, in which event,
the meeting shall be held on the next succeeding business day.
The purpose of the annual meeting shall be for the election of
the Directors of the Association for the succeeding year and for
the transaction of any and all business of the Association as may
properly come before the meeting.
SECTION 6. - SPECIAL MEETINGS: It shall be the duty of the
President to call a special meeting of the membership if so
directed by resolution of the Board of Directors or upon a
petition calling for a special meeting presented to the Secretary
of the Association and signed by at least twenty-five percent
(25%) of the owners of memberships in the Association. The
notice of any special meeting shall state the time, place and
purpose of the meeting. No business shall be transacted at a
special meeting except as stated in the notice.
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SECTION 7. - NO1111E' 9 ML44GS : The Secretary shall mail
to each owner of a membership in the Association notice of each
annual or special meeting of the membership at least ten (10)
days but not more than sixty (60) days prior to such meeting,
stating the purpose thereof as well as the time and place where
it is to be held. Said notice shall be mailed to the address
which the owner of each membership has designated to the Secre-
tary and maintained by the Secretary on his current register of
owners. The mailing of a notice of a meeting in the manner
provided in this section shall be considered service of notice.
SECTION 8. - ADJOURNMENT OF MEETINGS: If any meeting of the
membership cannot be held because a quorum has not attended, a
majority of the membership who are present at such meeting,
either in person or by proxy, may adjourn the meeting to a time
not more than forty-eight (48) hours from the time the original
meeting was called.
SECTION 9. - QUORUM: A quorum at all membership meetings
shall consist of persons representing and entitled to cast the
vote appurtenant to at least fifty-one percent (51%) of the
memberships in the Association. The acts approved by a majority
of the votes present at a meeting at which a quorum is present
shall constitute the acts of the membership, except when approval
by a greater number of members is required by the Declaration,
these By -Laws or by law; but those present at any meeting, though
less than a quorum, may adjourn said meeting to a future time.
SECTION 10. - PROXIES: The vote appurtenant to each member-
ship may be cast by the person designated as entitled to cast
such vote by proxy. The designation of any such proxy shall be
made in writing to the Secretary, and shall be revocable at any
time by written notice to the Secretary by the owner of the
membership to which said vote is appurtenant. Such proxy shall be
valid only for the particular meeting designated in the proxy and
must be filed with the Secretary before the appointed time of the
meeting or any adjournment of such meeting.
SECTION 11. - PLACE OF MEETINGS: Meetings of the Associa-
tion's membership shall be held at the principal office of the
Association or at such other suitable place convenient to the
membership as may be designated by the Board of Directors.
SECTION 12. - ORDER OF BUSINESS: The order of business at
all meetings of the Association shall be as follows: (a) roll
call; (b) proof of notice of meeting; (c) reading of minutes of
preceding meeting; (d) reports of officers; (e) reports of Board
of Directors; (f) reports of committees; (g) election of members
of the Board of Directors, if necessary; (h) unfinished business;
and (i) new business.
ARTICLE III.
Board of Directors
The property, affairs and business of the Association shall
be managed by the Board of Directors; provided, however, that the
provisions of this Article are subject to the provisions of
Article VI of these By -Laws.
SECTION 1. - NUMBER, TERM OF OFFICE AND QUALIFICATIONS:
Until such time as control of the Association has been turned
over to the membership as provided in Article VII hereof, the
number constituting the Board of Directors shall be three (3).
After such control has been turned over to the membership, the
number constituting the Board of Directors shall be seven (7).
Each Director shall continue in office until the annual meeting
of the membership held next after his election and until his
successor shall have been elected and qualified or until his
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death or until he shall resign or shall have become disqualified
or removed from office. Directors need not be residents of the
State of North Carolina, nor year-round residents of any develop-
ment subject hereto; provided, however, that each Director shall
be an owner or spouse of an owner in one of the developments
subject hereto and in the case of partnership owners, shall be a
member or employee of such partnership, and in the case of
corporate owners, shall be an officer, shareholder, or employee
of such corporation, and in the case of fiduciary owners, shall
be the fiduciary, or an officer or employee of such fiduciary.
SECTION 2. - ELECTION OF DIRECTORS: Except for the first
Board of Directors, which is appointed in the Articles of Incor-
poration, and subject to the provisions of Article VII hereof,
the election of the Board of Directors shall be conducted in the
following manner: (a) election of Directors shall be held at the
annual meeting of the membership; (b) nominations for Director-
ships shall be made from the floor by the membership or by the
Board of Directors; (c) the election shall be by written ballot
(unless dispensed with by unanimous consent) and by a plurality
of the votes cast, each person representing a membership entitled
to vote being entitled to cast one (1) vote for each of as many
nominees as there are Directorships to be filled. There shall be
no cumulative voting.
SECTION 3. - REMOVAL OF DIRECTORS: Except for the first
Board of Directors, which is appointed in the Articles of Incor-
poration, and subject to the provisions of Article VII hereof,
any Director may be removed by concurrence of two-thirds (2/3rds)
of the votes of the membership of the Association present at a
special meeting of the membership called for the consideration of
such removal. The vacancy in the Board of Directors so created
shall be filled by the members of the Association at the same
meeting.
SECTION 4. - ORGANIZATIONAL MEETING: The organizational
meeting of a newly elected Board of Directors shall be held
within ten (10) days of their election at such place and time as
shall be fixed by the Directors at the meeting at which they were
elected, and no further notice of the organizational meeting
shall be necessary.
SECTION 5. - REGULAR MEETINGS: Regular meetings of the
Board of Directors may be held at such time and place as shall be
determined from time to time by a majority of the members of the
Board of Directors, but at least two (2) such meetings shall be
held during each fiscal year. Notice of the regular meetings of
the Board of Directors shall be given to each member of the Board
of Directors, by personal delivery, mail or telegraph, at least
five (5) business days prior to the day named for such meetings.
SECTION 6. - SPECIAL MEETINGS: Special meetings of the
Board of Directors may be called by the President of the Associa-
tion on five (5) business days notice to each member of the Board
of Directors, given by mail or telegraph, which notice shall
state the time, place and purpose of the meeting. Special
meetings of the Board of Directors shall be called by the Presi-
dent or Secretary in like manner and on like notices on the
written request of any member of the Board of Directors.
SECTION 7. - WAIVER OF NOTICE: Any member of the Board of
Directors may at any time waive notice of any meeting of the
Board of Directors, in writing, and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a member
of the Board of Directors at any meeting of the Board shall
constitute a waiver of notice by him of the time and place
thereof. If all of the members of the Board of Directors are
present at any meeting of the Board, no notice shall be required
and any business may be transacted at such meeting.
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SECTION S. - OUORUM: At all meetings of the Board of
Directors a majority of the members thereof shall constitute a
quorum for the transaction of business, and the votes of a
majority of the members of the Board of Directors present at such
a meeting at which a quorum is present shall constitute the
decision of the Board of Directors. If at any meeting of the
Board of Directors there shall be less than a,quorum present, a
majority of those present may adjourn the meeting from time to
time. At any such adjourned meeting at which a quorum is present
any business which might have been transacted at the meeting
originally called, may be transacted without further notice.
SECTION 9. - COMPENSATION: No member of the Board of
Directors shall receive any compensation from the Association for
acting as such.
SECTION 10. - JOINDER IN MEETING BY APPROVAL OF MINUTES:
The joinder of a Director in the action of a meeting by signing
and concurring with the minutes of that meeting shall constitute
the presence of such Director at such meeting for the purpose of
determining a quorum.
SECTION 11. - PRESIDING OFFICER AT DIRECTORS' MEETINGS: The
presiding officer of a Directors' meeting shall be the President
of the Association. In the absence of the presiding officer the
Directors present shall designate one (1) of their number to
preside.
SECTION 12. - ORDER OF BUSINESS AT DIRECTORS' MEETINGS: The
order of business at Directors' meetings shall be: (a) the
calling of the roll; (b) the proof of due notice of the meeting;
(c) reading and disposal of any unapproved minutes; (d) the
reports of officers and committees; (e).the election of off-icers;
(f) unfinished business; (g) new business; and (h) adjournment.
SECTION 13. - POWERS AND DUTIES: The Board of Directors
shall have the powers and duties necessary for the administration
of the affairs of the Association except such powers and duties
as by law or by these By -Laws may not be delegated to the Board
of Directors by the membership of the Association. The powers
and duties to be exercised and performed by the Board of Direc-
tors shall include, but shall not be limited to, the following:
a. the operation, care, upkeep and maintenance of the
entrance areas, conservation areas, drainage areas and ways,
parks and other recreational areas, and amenities, if any, and
the improvements thereon;
b. the determination of the amounts required for the
operation, maintenance, care and upkeep of said areas and
amenities, if any, and the improvements thereto, and the amounts
required for the general operation of the Association;
C. the levying and collection of the assessments from
the membership owners;
d. the employment and dismissal of personnel as
necessary for the efficient maintenance of the development and
operation of the Association;
e. the adoption and the amendment of rules and
regulations governing the operation of the Association and the
use and enjoyment of the amenities, if any;
f. the opening and maintaining of bank accounts on
behalf of the Association and designating the signatories requir-
ed therefor;
g. the purchasing, leasing or otherwise acquiring in
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the name of th4 362ciaQ160Ir its designee, corporate or other-
wise, on behalf of all members of the Association, lots offered
for sale or lease;
h. the purchasing of lots at foreclosure or other
judicial sales in the name of the Association, or its designee,
corporate or otherwise, on behalf of the membership;
i. the selling, conveying, leasing, mortgaging of,
voting the votes appurtenant to (other than for the election of
members of the Board of Directors), or otherwise dealing with the
lots acquired by, and subleasing lots by the Board of Directors
on behalf of the membership of the Association;
j. the organizing of the corporation to act as
designee of the Board of Directors in acquiring title to or
leasing lots by the Board of Directors on behalf of the member-
ship of the Association;
k. the purchasing and maintaining of insurance for
the lots, the areas and amenities, if any, subject hereto, and
the improvements thereto pursuant to the provisions of these
By -Laws;
1. the making of repairs, additions and improvements
to, or alterations of, the property, and repairs to and restorat-
ion of any property belonging to the Association, in accordance
with the other provisions of these By -Laws, after damage or
destruction by fire or other casualty, or as a result of condem-
nation or eminent domain proceedings;
M. the appointing of committees to be composed of
members of the Association to aid in governance of the Associa-
tion in such numbers and for such specific purposes as the Board
may determine necessary and proper;
n. the adoption of a seal for the Association;
o. the enforcing of the obligations of the members of
the Association, allocating income and expenses of the Associa-
tion and doing anything and everything else necessary and proper
for the sound management of the Association;
P. the levying of fines or expenses against the
members of the Association, allocating income and expenses of the
Association;
q. adjusting and settling claims under insurance
policies obtained pursuant to the By -Laws and executing and
delivering releases on settlements of such claims on behalf of
all lot owners, all holders of mortgages, Deeds of Trust or other
liens on the lots and all owners of any other interest in the
property.
r, employ or engage a manager, an independent con-
tractor, attorney or accountant or such other employees and
agents as they deem necessary, and to prescribe their duties.
Provided, however, any such person so hired shall serve only at
the pleasure of the Board of Directors hiring him, and no Board
of Directors shall have the authority to bind any succeeding
Board of Directors to any such contract.
SECTION 14. - LIABILITY OF THE BOARD OF DIRECTORS: The
members of the Board of Directors shall not be liable to the
Association or any of its members for any mistake of judgment,
negligence, or otherwise, except for their own individual willful
misconduct or bad faith. The members of the Association shall
indemnify and hold harmless each member of the Board of Directors
against all contractual liability to others arising out of con-
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tracts made by the Board of Directors on behalf of the Associa-
tion unless any such contract shall have been made in bad faith
or contrary to the provisions of the Articles of Incorporation,
or these By -Laws. It is intended that the members of the Board
of Directors shall have no personal liability with respect to any
contract made by them on behalf of the Association. It is also
intended that the liability of any member of the Association
arising out of any contract made by the Board of Directors or out
of the indemnity in favor of the members of the Board of Direct-
ors shall be limited to such proportions of the total liability
thereunder as his interest in the Association bears to the
interest of all members of the Association in the Association.
Every agreement made by the Board of Directors on behalf of the
Association shall provide that the members of the Board of
Directors are acting only as agents for the Association and shall
have no personal liability thereunder (except as members of the
Association), and that each member of the Association's liability
thereunder shall be limited to such proportion of the total
liability thereunder as his interest in the Association bears to
the interest of all members in the Association.
SECTION 15. - FIDELITY BONDS: The Board of Directors shall
obtain adequate fidelity bonds for all officers and employees of
the Association. The premiums on such bonds shall constitute an
expense of operating the affairs of the Association.
ARTICLE IV.
Officers
SECTION 1. - DESIGNATION: The principal officers of the
Association shall be the President, the Vice President, the
Secretary and the Treasurer, all of whom shall be elected by the
Board of Directors. The .Board of Directors may appoint an
Assistant Treasurer and Assistant Secretaries, and such other
officers as in its judgment may be necessary. The President and
Vice President must be members of the Board of•Directors. All
other officers need not be members of the Board of Directors or
of the Association.
SECTION 2. - ELECTION OF OFFICERS: Officers shall be
elected annually by the Board of Directors at the organizational
meeting of each new Board of Directors and shall hold office at
the pleasure of the Board of Directors and until their successors
are elected.
SECTION 3. - REMOVAL OF OFFICERS: Upon the affirmative vote
of a majority of the members of the Association or members of the
Board of Directors, any officer may be removed, either with or
without cause; and his successor may be elected at any regular
meeting of the Board of Directors or at any special meeting of
the Board of Directors called for such purpose.
SECTION 4. - PRESIDENT: The President shall be the chief
executive officer of the Association. He shall preside at all
meetings or the membership and at all meetings of the Board of
Directors. He shall have all of the general powers and duties
which are incident to the office of President of a corporation
organized under the Business Corporation Laws of the State of
North Carolina, including, but not limited to, the power to
appoint from among the membership any committee which he deems
appropriate to assist in the conduct of the affairs of the
Association.
SECTION 5. - VICE PRESIDENT: The Vice President shall take
the place of the President and perform his duties whenever the
President shall be absent or unable to act. If neither the
President or Vice President is able to act, the Board of Direc-
tors shall appoint some other member of the Board of Directors to
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act in the place of the President, on an interim basis. The Vice
President shall also perform such other duties as shall from time
to time be imposed upon him by the Board of Directors or by the
President.
SECTION 6. - SECRETARY: The Secretary shall keep the
minutes of all meetings of the membership and the Board of
Directors; he shall have charge of all books, papers, accounts
and records of the Board of Directors as the Board of Directors
may direct; and he shall, in general, perform all of the duties
incident to the office of Secretary of a corporation organized
under the Business Corporation laws of the State of North
Carolina.
SECTION 7. - TREASURER: The Treasurer shall have the
responsibility for Association funds and securities and shall be
responsible for keeping full and accurate financial records and
books of accounts showing all receipts and disbursements, and for
the preparation of all required financial statements. He shall
be responsible for the deposit of all monies and other valuable
effects in the name of the Board of Directors, in such deposi-
tories as may from time to time be designated by the Board of
Directors, and he shall, in general, perform all of the duties
incident to the office of Treasurer of a corporation organized
under the Business Corporation laws of the State of North
Carolina.
SECTION 8. - COMPENSATION: No officer shall receive any
compensation from the Association for acting as such. However,
the Board of Directors may appoint a manager to handle the day to
day affairs of the Association, and may establish a rate of
compensation and salary for said manager.
SECTION 9. - EXECUTION OF INSTRUMENTS: All instruments,
including, but not limited to, agreements, contracts, Deeds or
leases of the Association shall be executed in the name of the
Association by the President, Vice President or Assistant
Vice -President and attested to by the Secretary or Assistant
Secretary of the Association. All checks of the Association are
to be executed by such person or persons as may be designated by
the Board of Directors.
ARTICLE V.
Operation of the Association
SECTION 1. - RULE MAKING: The Board of Directors shall
promulgate and establish, pursuant to the provisions set out
hereinbelow, reasonable rules and regulations governing the use,
enjoyment, maintenance, repair of and additions or alterations to
the lots, areas and amenities, if any, subject hereto, and the
improvements thereon.
Subsection 1.1. - PROCEDURES: The Board of Directors,
or a rule making committee specifically appointed by
the President, shall formulate reasonable rules and
regulations, or amendments or modifications thereto, to
be proposed to the membership of the Association. Such
proposals may be considered by the membership of the
Association for adoption either at the annual meeting
of the membership or at a special meeting of the
membership called by the President specifically for the
consideration of the adoption of such proposals. All
such proposals shall be stated in writing and sent to
the owners of the memberships in the Association in any
notice of the special meeting called for the consider-
ation thereof, or at least fifteen (15) days prior to
the annual meeting of the membership of the Association
at which they will be considered. At such meeting such
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proposed rules and regulations shall be considered new
business of the Association. In order to be adopted as
rules and regulations, amendments or modifications
thereof, of the Association such proposed rules and
regulations must receive assent from two-thirds (2/3)
of the votes of the entire membership of the Associ-
ation present in person or by proxy at such meeting.
Subsection 1.2. - AMENDMENT. MODIFICATION, ADDITIONS OR REPEAL:
In addition to the above, any member of the Association may
propose a modification, amendment, addition to or repeal of any
and all rules and regulations of the Association by stating the
same in writing to the Board of Directors. If any such member
shall have obtained to such proposal the signatures of at least
twenty-five percent (25%) of the membership owners in the Associ-
ation, then the Board of Directors shall submit such proposal to
the Association at the next annual meeting of the Association for
consideration or at a special meeting of the Association called
pursuant to a request therefor made in such proposal when sub-
mitted to the Board of Directors. Adoption of any such proposal
shall be as stated in Subsection 1.1. hereinabove.
Subsection 1.3. - PROHIBITIONS: No rule or regulation, nor
amendment, modification, addition to or repeal of any or all of
the rules and regulations of the Association shall discriminate
against any lot owner or against any lot or group of lots unless
the owners thereof so affected shall consent in writing; nor
shall any of the above change any lot nor the areas and the
amenities, if any, subject hereto, nor shall any of the above
increase any owner's share in the common expenses of the
Association nor change the voting rights of any member unless the
owner of the membership appurtenant to the lot so affected and
all record owners of liens thereon shall join in the execution of
such rule, regulation, amendment, modification, addition to or
repeal of the same.
Subsection 1.4. - RECORDING: A copy of all rules and regulations
or amendments, additions, modifications to or repeals of rules
and regulations of the Association shall be certified by the
President and Secretary of the Association as having been duly
adopted by the Association and shall be effective from the date
the same is recorded in the Office of the Register of Deeds of
New Hanover County, North Carolina.
SECTION 2. - INSURANCE: The Board of Directors shall be
required to obtain and maintain, to the extent possible, the
following insurance:
Subsection 2.1. - FIRE INSURANCE with extended cover-
age, vandalism and malicious mischief endorsements,
insuring all improvements upon the areas and the
amenities, if any, subject hereto, and covering the
interests of the Association, the Board of Directors,
and all owners and their mortgagees or beneficiaries
under Deeds of Trust, as their respective interests may
appear, in an amount at least equal to the full
replacement value of all structures insured, without
deduction for depreciation; each of said policies shall
contain a North Carolina standard mortgage clause in
favor of each mortgagee or beneficiary under a Deed of
Trust of a lot which shall provide that the loss, if
any, thereunder shall be payable to such mortgagee or
beneficiary under Deed of Trust as its interest may
appear; subject, however, to the loss payment provi-
sions in favor of the Board of Directors hereinafter
set forth.
Subsection 2.2. - FLOOD INSURANCE covering all of the
lots when required or deemed necessary.
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Subsection 2.3. - PUBLIC LIABILITY INSURANCE in such
limits as the Board of Directors may, from time to
time, determine covering each member of the Board of
Directors, each officer of the Association, the Associ-
ation and each owner of a lot; such public liability
coverage shall also cover cross -liability claims of one
insured against another.
Subsection 2.4. Such other insurance as the Board of
Directors may determine is necessary for the protection
of the development, the Association, its Directors,
officers and members.
Subsection 2.5. - PREMIUMS: The premiums for all such
insurance shall be an annual expense of the Associa-
tion, and as such, shall constitute a portion of the
annual assessment to be levied against each member of
the Association pursuant to the provisions of these
By -Laws.
Subsection 2.6. - ADJUSTMENT FOR LOSS: All such
insurance policies shall provide that adjustment of
loss shall be made by the Board of Directors and that
the net proceeds thereof shall be payable to the Board
of Directors.
Subsection 2.7. - WAIVERS CANCELLATIONS MODIFICAT-
IONS, RENEWALS: All policies of physical damage insur-
ance shall contain waivers of subrogation and waivers
of any defense based on coinsurance or other insurance
or of invalidity arising from any acts of the insured
and of prorata reduction of liability, and shall
provide that such policies may not be cancelled or
substantially modified without at least ten (10) days'
prior written notice to all insureds, including all
mortgagees and beneficiaries under Deeds of Trust.
Duplicate originals of all policies of physical damage
insurance and all renewals thereof, together with proof
of payment of premiums, shall be delivered to all
mortgagees or beneficiaries under Deeds of Trust at
least ten (10) days prior to expiration of the then
current policies. Prior to obtaining any policy of
fire insurance or any renewal thereof, the Board of
Directors shall obtain an appraisal from a fire insur-
ance company or otherwise of the full replacement value
of the areas, the amenities, if any, subject hereto,
and all improvements thereon, without deduction for
depreciation, for the purpose of determining the amount
of fire insurance to be effected pursuant hereto.
Subsection 2.8. - OWNERS' INSURANCE: The owners of
lots shall not be prohibited from carrying other
insurance for their own benefit provided that such
policies shall contain waivers of subrogation and
further provided that the liability of the carriers
issuing insurance obtained by the Board of Directors
shall not be affected or diminished by reason of any
such additional insurance carried by any lot owner.
Subsection 2.9. - INITIAL MINIMUM AMOUNTS: Until the
first regular meeting of the Board of Directors follow-
ing the first annual meeting of the membership of the
Association, the Board of Directors shall obtain and
maintain all such insurance in the following amounts:
a. Fire insurance
$ 100,000.00
if any, subject
thereon;
Mom,
in an amount of not less than
for the areas, and amenities,
hereto, and the improvements
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11392 0808 b. Public liability insurance in an amount of
not less than Five Hundred Thousand Dollars
($500,000.00) covering all claims for per-
sonal injury arising out of one occurrence,
and not less than One Hundred Thousand
Dollars ($100,000.00) covering all claims for
property damage arising out of one occur-
rence.
Subsection 2.10. - REPAIR OR RECONSTRUCTION AFTER
CASUALTY: In the event of damage to or destruction of
any or all of the areas and amenities, if any, subject
hereto, and/or improvements to the common elements as a
result of fire or other casualty, the Board of
Directors shall arrange for the prompt repair and
restoration of all damaged improvements. The Board of
Directors shall disburse the proceeds of all insurance
policies to the contractors engaged in such repair and
restoration in appropriate progress payments. Any cost
of such repair and restoration in excess of the net
insurance proceeds received by or payable to the Board
of Directors shall constitute a common expense of the
Association.
In the event of a repair or restoration of the improve-
ments to the property and in the event that the net
proceeds of insurance received by or payable to the
Board of Directors shall exceed the cost of such repair
or restoration, then such excess shall be held by the
Association in its Capital Improvement account.
Whenever in this Subsection the words "promptly repair"
or "prompt repair" are used, it shall mean repairs are
to begin not more than sixty (60) days from the date of
receipt of the Board of Directors of proceeds of
insurance on account of such damage or destruction,
whether or not -sufficient to pay the estimated costs of
such work. Wherever the words "promptly resolve" are
used hereinabove, it shall mean not more than sixty
(60) days from the date the Board of Directors notifies
the interested members of the Association that it holds
proceeds of insurance on account of such damage or de-
struction and that such proceeds are not sufficient to
pay the estimated costs of such work, as the case may
be.
SECTION 3. - MAINTENANCE: The Board of Directors shall
provide for the upkeep, care, preservation, protection and
maintenance of the areas, and amenities, if any, subject hereto,
and the improvements thereon, as follows:
a. repair and repave, when necessary, all pavements
existing upon the common elements;
b. upkeep, maintain and preserve all grasses, lawns,
trees, shrubs, gardens and other vegetation maintained upon the
common elements;
C. repair, reconstruct, repaint, and maintain any and
all other improvements, of whatever nature, made to the common
elements.
Subsection 3.1. - RIGHT OF ACCESS: For the purpose
solely of performing all of the above described maintenance,
etc., the Association, through its duly authorized agents or
employees, shall have the right, after reasonable notice to any
and all owners concerned to enter upon any lot, at any reasonable
hour of any day.
11
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
k PABE PAGE
2 SubsecIJ29 a. 21) M&HERS' REPAIRS: Any maintenance,
repair, replacement, etc., to any of the common elements, the
areas and amenities, if any, subject hereto, or any of the
improvements thereon, caused by the negligence, misuse, neglect
or willful act of any owner, his family, tenants, guests or
invitees shall be performed by the Association at the sole cost
and expense of said owner, said cost and expense therefor to be
added to said owner's annual assessment.
Subsection 3.3. - EXPENSE: All maintenance, repair,
reconstruction, replacement, etc., as outlined hereinabove, is to
be performed by or through the Board of Directors and the cost
and expense thereof shall, except as provided in Subsection 3.2.
hereinabove, be an annual expense of the Association.
SECTION 4. - FISCAL MANAGEMENT: The Board of Directors
shall, from time to time, and at least annually, prepare a budget
for the Association, determining the projected annual costs to
the Association of performing all of the duties of and fulfilling
all of the obligations of the Association. These costs shall
include all of the costs incurred by the Association in the
performance of those duties and obligations outlined in the
Articles of Incorporation, applicable to the development, and
Article III., Section 13., and Article V. of these By -Laws, as
well as the costs necessary for the efficient management of the
Association (including amounts for an operations reserve and a
capital improvements reserve, if deemed necessary by the Board of
Directors). The budget, so prepared, shall be submitted to the
membership of the Association for approval at the annual meeting
of the membership. The proposed budget must be approved by a vote
of at least fifty-one percent (51%) of the votes of the entire
membership of the Association, represented in person or by proxy
at such meeting.
Subsection 4.1. - ANNUAL ASSESSMENTS: After approval
of the proposed budget of the Association, the Board of
Directors shall assess each lot within the developments
subject hereto an equal amount of the projected annual
costs to the Association as described hereinabove. The
Board of Directors shall cause the Secretary of the
Association to provide each member of the Association a
statement of the annual assessment against his lot in
writing, stating the date payment thereof is due at
least thirty (30) days prior to the due date. All
assessments shall be due and payable on the date and in
such installments, if allowed, as the Board of Direc-
tors may determine.
Subsection 4.2. - NATURE AND ENFORCEMENT OF ASSESS-
MENTS: The nature and enforcement of the collection of
assessments is set forth in Article VI of these
By -Laws.
Subsection 4.3. - SUBORDINATION: The lien for unpaid
assessments provided for hereinabove shall be subordi-
nate to the lien of any first mortgage or first Deed of
Trust against any lot.
SECTION 5. - RECORDS AND AUDITS: The Board of Directors
shall keep detailed records of the action of the Board of Direc-
tors, minutes of the meetings of the Board of Directors, minutes
of the meetings of the membership of the Association and finan-
cial records and books of account of the Association, including a
chronological listing of receipts and expenditures, as well as a
separate account for each lot which, among other things, shall
contain the amount of each annual assessment, and other assess-
ments, against each lot, the date when due, the amount paid
thereon, and the balance remaining unpaid. A written report
summarizing all receipts and expenses of the Association shall be
12
RYALS, cJACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
ow PAX
1392 0810
rendered by the Board of Directors to all members of the Associ-
ation annually after the end of each fiscal year. Each member of
the Association shall be permitted to examine all of the books
and accounts of the Association at reasonable times on business
days, but not more than once a month.
SECTION 6. - CONDEMNATION: In the event of a taking in
condemnation or by eminent domain of part or all of the property,
the award made for such taking shall be payable to the Board of
Directors, and the Board of Directors shall disburse the net
proceeds of such award in the same manner as they are required to
distribute insurance proceeds where there is no repair or resto-
ration of the damage, as provided in these By -Laws.
ARTICLE VI.
Liens and Assessments
The Association has heretofore been given the authority to
administer the operation and management of the areas and the
amenities, if any, subject hereto, of the property, it being
recognized that the delegation of such duties to one entity is in
the best interests of the owners of all lots subject hereto to
properly administer the operation and management of the areas and
amenities, if any, subject hereto, the Association will incur,
for the mutual benefit of all the owners of such lots, costs and
expenses sometimes herein referred to as "common expenses". To
provide the funds necessary for such proper operation, management
and capital improvement, the Association has heretofore been
granted the right to make, levy and collect assessments against
the members of the Association and their lots. In furtherance of
this grant of authority to the Association to make, levy and
collect assessments to pay the costs and expenses for the
operation of, the management of, and for capital improvements to
areas and amenities, if any, subject hereto, and all other
improvements, the following shall be operative and binding upon
the owners of all lots:
(1) The owner of any lot subject hereto,
with the exception of the Developer, COASTAL CAROLINA DEVELOPERS,
INC., by acceptance of a Deed therefor, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree to
pay to the Association:
(i) annual assessments or charges, and
(ii) special assessments for capital
improvements or special assessments as established by the Board
of Directors of the Association, such assessments to be estab-
lished and collected as hereinafter provided.
The annual and special assessments,
together with the interest, costs, and reasonable attorney's
fees, if any, shall be a charge on the lots and shall be a
continual lien upon each lot against which they are levied. Each
such assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the
person or entity who is the owner of such lot at the time when
the assessment falls due. The personal obligation for delinquent
assessments shall not pass to any successor in title unless
expressly assumed by him.
(2) The assessments levied by the Associa-
tion shall be used exclusively to promote the recreation, health,
safety and welfare of the residents of the property and in
particular for the maintenance, repair and replacement of the
areas and amenities, if any, subject hereto.
13
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
1392 0811
(3) The annual assessments for each calendar
year shall be established by the Board of Directors, and may be
increased by the Board of Directors for any calendar year without
approval by the membership by an amount not to exceed ten percent
(10%) of the maximum annual assessment of the previous year. The
maximum annual assessment for any calendar year may be increased
without limit by a vote of two-thirds (2/3) of the members who
are voting in person or by proxy at a meeting called for this
purpose.
(4) In addition to the annual assessments
authorized above, the Association may levy, in any calendar year,
a special assessment for the purpose of defraying in whole or in
part, the costs of any construction, reconstruction, repair or
replacement of a capital improvement to the areas and amenities,
if any, subject hereto, provided that any such assessment shall
have the assent of two-thirds (2/3) of the vote of the members
who are voting in person or by proxy at a meeting duly called for
this purpose. All special assessments shall be fixed to the
uniform rate for all lots and may be collected on a monthly
basis.
(5) Written notice of any meeting called for
the purpose of taking any action authorized under (4) shall be
sent to all members not less than ten (10) days nor more than
sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to
cast sixty percent (60%) of all votes of the membership shall
constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice require-
ment, and the required quorum at the subsequent meeting shall be
one-half (J) of the required quorum of the preceding meeting. No
such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
(6) The annual assessments provided for
herein shall be collected on a yearly basis and shall commence as
to all lots on the first day of January, 1988, and thereafter as
to all other owners on the first day of the month following the
conveyance of a lot to any such owner. The first annual asses-
sment shall be adjusted according to the number of months remain-
ing in the calendar year.
(7) Any assessment not paid within thirty
(30) days after the due date shall bear interest from the due
date at the highest rate allowed by North Carolina law. The
Association may bring an action at law against the owner person-
ally obligated to pay the same or foreclose the lien against the
lot and interest, costs, and reasonable attorney's fees of such
action or foreclosure shall be added to the amount of such
assessment.
(8) The lien herein granted unto the Associ-
ation shall be enforceable from and after the time of recording a
claim of lien in the public records of New Hanover County, North
Carolina, which claim shall state the description of the lot
encumbered thereby, the name of the record owner, the amount due
and the date when due. The claim of lien shall be recordable any
time after default and the lien shall continue in effect until
all sums secured by said lien as herein provided shall have been
fully paid. Such claims of lien shall include only assessments
which are due and payable when the claim of lien is recorded,
plus interest, costs, attorney's fees, advances to pay taxes and
prior encumbrances and interest thereon, all as above provided.
Such claims of lien shall be signed and verified by an officer or
agent of the Association. Upon full payment of all sums secured
by such claim of lien, the same shall be satisfied of record.
The lien provided for herein shall be subordinated to the lien of
14
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
DW PAGE
any first mortgA3 59 DLeLj 10? Trust and any narcnn f; v-m
poration or other entity acquiring title to any lot by virtue of
any foreclosure, deed in lieu of foreclosure or judicial sale,
shall be liable and obligated only for assessments as shall
accrue and become due and payable subsequent to the date of
acquisition of such title, and it shall not be liable for the
payment of any assessments which were in default and delinquent
at the time it acquired such title. In the event of the acqui-
sition of title to a lot by foreclosure, deed in lieu of fore-
closure or judicial sale, any assessment or assessments as to
which the party so acquiring title shall not be liable shall be
absorbed and paid by all owners of all lots as a part of the
common expenses, although nothing herein contained shall be
construed as releasing the party liable for such delinquent
assessment from the payment thereof or the enforcement of col-
lection of such payment by means other than foreclosure.
(9) Upon default by the Association in the
payment to any governmental authority entitled thereto of any ad
valorem taxes levied against the areas and amenities, if any,
subject hereto, owned by the Association which default shall
continue for a period of six (6) months, each owner of a lot in
the Development shall become personally obligated to pay to the
taxing or assessing governmental authority a portion of such
unpaid taxes or assessments in an amount determined by dividing
the total taxes and/or assessments due the governmental authority
by the total number of lots subject hereto. If such sum is not
paid by the owner thirty (30) days following the receipt of
notice of the amount due, then said sum shall become a continuing
lien on the lot of the then owner, his heirs, devisees, personal
representatives and assigns, and the taxing or assessing
governmental authority may bring either an action at law or may
elect to foreclose the lien against the lot of the owner.
(10) Upon the sale of seventy-five percent
(75%) of the lots in COASTAL CAROLINA, all sections and phases
that are subject to the Owners Association, COASTAL CAROLINA
DEVELOPERS, INC., will turn over control of the Owners Associ-
ation to the Board of Directors to be elected by the membership
in accordance with the By -Laws of the Association. Until such
time, however, COASTAL CAROLINA DEVELOPERS, INC. shall elect the
Board of Directors of the Association.
ARTICLE VII.
Developer Control
OTHER PROVISIONS HEREOF TO THE CONTRARY NOTWITHSTANDING,
UNTIL SEVENTY-FIVE PERCENT (75%) OF THE LOTS SUBJECT HERETO HAVE
BEEN SOLD BY THE DEVELOPER, COASTAL CAROLINA DEVELOPERS, INC.,
AND PAID FOR, OR UNTIL DECEMBER 31, 2002, WHICHEVER DATE FIRST
OCCURS, AND SO LONG AS DEVELOPER MAINTAINS THE DRAINAGE AREAS AND
WAYS AT ITS OWN EXPENSE, THE BOARD OF DIRECTORS OF THE ASSOCI-
ATION SHALL CONSIST OF SUCH DIRECTORS, OFFICERS OR EMPLOYEES OF
THE DEVELOPER AS SHALL HAVE BEEN DESIGNATED BY THE DEVELOPER AND
ALL OF THE AFFAIRS OF THE ASSOCIATION SHALL BE GOVERNED AND
CONTROLLED BY SUCH INDIVIDUALS, WITHOUT HINDERANCE FROM ANY OF
THE MEMBERS OF THE ASSOCIATION.
ONCE THE ABOVE REFERENCED DATE OCCURS, THE PRESIDENT OF THE
ASSOCIATION SHALL IMMEDIATELY CALL A SPECIAL MEETING OF THE
MEMBERSHIP OF THE ASSOCIATION FOR THE PURPOSE OF THE RESIGNATION
OF THE DIRECTORS AND OFFICERS OF THE ASSOCIATION WHO ARE EITHER
DIRECTORS, OFFICERS OR EMPLOYEES OF THE DEVELOPER AND THE ELECT-
ION OF A NEW BOARD OF DIRECTORS AND OFFICERS OF THE ASSOCIATION,
WHO SHALL PROMPTLY ASSUME ALL OF THE POWERS, PRIVILEGES, RIGHTS
AND DUTIES OF THE ASSOCIATION AS SET FORTH IN THESE BY-LAWS.
THEREAFTER, THE FIRST ANNUAL MEETING OF THE MEMBERSHIP OF THE
ASSOCIATION SHALL BE HELD AS PROVIDED IN ARTICLE II., SECTION 5.,
15
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
ac PAOC
392 0813
OF THESE BY-LAWS. UNTIL THE ABOVE REFERENCED DATE OCCURS, NO
ACTION TAKEN BY ANY OR ALL OF THE MEMBERS OF THE ASSOCIATION
SHALL HINDER OR CONTROL ANY ACTION TAKEN BY THE DEVELOPER IN
DEVELOPING THE PROPERTY, SELLING LOTS, OR GOVERNING AND MANAGING
THE ASSOCIATION, AND, FURTHER, ANY AND ALL ACTION TAKEN BY THE
MEMBERSHIP OF THE ASSOCIATION PURSUANT TO THESE BY-LAWS SHALL BE
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE DEVELOPER.
ARTICLE VIII.
Parliamentary Rules
Robert's Rules of Order (latest edition) shall govern the
conduct of all Association meetings, not in conflict with the
Articles of Incorporation, the Declaration of Articles of Cove-
nants, Conditions and Restrictions, and these By -Laws.
ARTICLE IX.
Amendments
These By -Laws may be amended in the following manner: (a)
any member of the Association may propose any amendment or
modification to these By -Laws by submitting the same in writing
to the President of the Association, (b) in order to qualify for
consideration by the Association, any such amendment or modifi-
cation must be signed by at least twenty-five percent (25%) of
the owners of the memberships in the Association; (c) upon
receipt of such proposed amendment or modification, the President
of the Association shall immediately follow the procedures
outlined hereinabove under Article II., Section 6., entitled
SPECIAL MEETINGS; (d) any such proposed amendment or modification
in order to become a part of these By -Laws must be approved by
seventy-five percent (75%) of the votes of the entire membership
of the Association present in person or by proxy at such,meeting;
provided, however, that no amendment or modification shall
discriminate against any owner, any lot class or group of owners,
or lots unless all of the owners so affected so consent; and
further, no amendment or modification shall change any lot, the
common elements, nor increase any owner's assessment, nor change
the voting rights of any members unless the owner or owners of
the memberships or lots so affected and all holders of liens
against such owner's or owners' lots shall approve in writing
such amendment or modification. No amendment or modification
shall change or alter any of the provisions of Article VII
hereinabove unless signed and approved by the authorized officers
of the Developer.
Provided, so long as the Developer controls the Board of
Directors of the Association, the Federal Housing Administration,
the Veterans Administration, the Federal National Mortgage
Association, or the Federal Home Loan Mortgage Corporation shall
have the right to veto amendments to these By -Laws.
ARTICLE X.
Miscellaneous
SECTION 1. - NOTICES: All notices to the Board of Directors
shall be sent by registered mail, return receipt requested, to
the principal office of the Board of Directors. All notices to
owners shall be sent by registered mail, return receipt request-
ed, to such addresses as may have been designated by such owners
in writing to the Secretary of the Association. All notices to
mortgagees of or beneficiaries under Deeds of Trust against lots
shall be sent by registered mail, return receipt requested, to
their respective addresses designated by them in writing to the
Secretary of the Association. All notices, if received, as
proven by the return receipt, shall be deemed to have been given
16
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147
I
we
when mailed, except notices of change of address which shall be
deemed to have been given when received.
SECTION 2. - WAIVER OF NOTICE: Whenever any notice which is
required to be given to any member, Director or officer of the
Association by the provisions of the North Carolina Nonprofit
Corporation Act, the provisions of the Article of Incorporation
or these By -Laws, is waived in writing, signed by the person or
entities entitled to such notice, whether before or after the
time stated therein, such shall be equivalent to the giving of
such notice.
SECTION 3. - INVALIDITY: The invalidation of any provision
of these By -Laws by any court, agency, or legislature shall in no
way affect the validity of any other provision of these By -Laws,
and the same shall remain in full force and effect.
40
CO SECTION 4. - CAPTIONS: The captions herein used are insert-
ed only as a matter of convenience and for reference and in no
N way define, limit or describe the scope of these By -Laws, or the
C" intent of any provision thereof.
w. SECTION 5. - GENDER: The use of the masculine gender in
these By -Laws shall be deemed to include the feminine gender and
the neuter gender and the use of the singular shall be deemed to
include the plural, whenever the context so requires.
SECTION 6. - WAIVER: No restriction, condition, obligation
or provision contained in these By -Laws shall be deemed to have
been abrogated or waived by reason of any failure to enforce the
same, irrespective of the number of violations or breaches
thereof which may occur.
SECTION 7. - FISCAL YEAR: The fiscal year of the Associ-
ation shall be the calendar year.
SECTION 8. - SEAL: The seal of the Association shall be 'in
such form as shall be approved from time to time by the Board of
Directors of the Association.
IN WITNESS WHEREOF, the President of the Association and the
Secretary thereof do hereby certify that this is a true copy of
the duly enacted By -Laws of COASTAL CAROLINA OWNERS ASSOCIATION,
this 24th day of September, 1987.
/COASTAL
COASTAL CAROLINA OWNERS ASSOCIATION
BY: NS\ W. THOMAS WILSON Director
BY: \S\ W. H. GRATHWOL Director
By: \S\ B. LEON SKINNER, Director
17
STATE OF NORTH CAROLINA
New Hanover Count
The Foregoing Certificate of
-Dale B._ Covil
__kTptg,ry Public ___ _
--------
is certified to — be — correct. _
This the_6__ jay of—pcj--- i98 7-
Rebecca P. Tucker, Register of Deeds
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402-0147
JACK G. STOCKS
REGISTERED LAND SURVEYOR
211 N. 6TH AVENUE
WILMINGTON, NORTH CAROLINA 28401
PHONES 763-6124
August 31,1987
Cost Extimate Brittany Woods, section 1
7 monuments & castings @$150.00..................................$1050.00
misc grassing & seeding :....................................... 1600.00
$2650.00
r
r
COASTAL CAROLINA UTILITIES, INC.
2905 MARKET STREET
WILMINGTON, NORTH CAROLINA 28403
(919) 762-8316
August 26, 1987
Jacky Stocks
211 North 5th Street
Wilmington, NC 28401
RE: Brittany Woods Subdivision
Dear Mr. Stocks:
This letter is to advise that Coastal Carolina Utilities, Inc.
has installed and is providing water and sewer service to Section
1 of Brittany Woods.
Sincerely,
W. H. rathwol
President of Coastal Carolina Utilities, Inc.
WHG/lgt
JACK G. STOCKS
RLOISTLRKD LAND SURVRVOR
211 N. 6TH AV<NUX
WILMINGTON, NORTH CAROLINA 28401
PHONts 797-8124
August 31,1987
Cost Extimate Brittany Woods, section 1
7 monuments & castings @$150.00.................................$1050.00
misc grassing & seeding :....................................... 1600.00
$2650.00
f
PLANNING DEPARTMENT
DEXTER L. HAYES
PLANNING DIRECTOR
August 28, 1987
Mr. Jack Stocks
211 N . Fifth Street
Wilmington, NC 28401
NEW HANOVER COUNTY
320 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
RE: Brittany Woods Final Plat
Dear Mr. Stocks:
Following is a list of general comments which is reflective of Staff's initial
review of the referenced final plat.
L . Please specify water -sewer provisions. It is community or on an individual
lot basis?
LX Street designation (public/private) not shown.
✓3. Rear lot dimensions for lots 25 and 26 not shown.
4. Basic letter from NCDOT. (N)A W) h b
. Are improvements complete? ( �/U) SV gzdl�l Al f}�r/
6. Homeowner's Covenants and articles of incorporation are required to specify
maintenance responsibilities of open space (conservation space) . Please refer to
Section 69-3 and 59.4-4(4) of the County Zoning Ordinance.
7. The use of covenants will require that the final plat have a Certificate of
Disclosure for Homeowner's Association and Restrictions.
The use of NC Grid markets and/or USGS reference markets is required if
either are within 2000 feet of the site.
Please address these items at your earliest convenience. Thank you.
Sincerely,
kttD74*4.
Walter Avery, Jr.
Staff Planner
WA/te
cc: Jim Craig, County Engineering
—_ Coastal Carolina Developers
76 J(.J 6— 1
CASH RECEIPT PAGE OF
TRANSACTION AGENCY CASH RECEIPT *
IM M DID V Y M M Y Y YY
CODE CR �jj %) 6 9 3$ TRANSACTION ACCOUNTING BUDGET
.IJI. I�JiL a�yN 45�� DATE PERIOD FY
ACTION I COMMENTS
ORIGINAL ENTRY (E) El ADJUSTMENT (M) BANK ACCOUNT OFFSET CASHI 'ACCOUNT
DESCRIPTION:
�'■■
DESCRIPTION:
DESCRIPTION:
DESCRIPTION:
RECEIVED FROM t /d �✓�Q�L l ,;�),AQLl Nd 0,5V6 ZolGtS
FOR: / 6�(/NQ t-- 1 " ` A-r rifqL_!>-
TOTAL AMOUNT 1 $ -2--6 . O
PREPARED BY NAME
-TITLE DATE P31` ^J ` ^7 / ,(/�(�� ILJ 7
RECEIVED BY NAME
TITLE DATE
ENTERED BY NAME
TITLE DATE
NEW HANOVER COUNTY ❑ CASH CHECK, # / `f 7 3
CASH RECEIPT NUMBER 14693
-+' "W
SUBDIVISION - FINAL PLAT CHECKLIST
SUBDIVISION NAME S R UlAt,/ WOO D S SURVEYOR/ENGINEER -TO C)l5
TAX MAP, BLOCK & PARCEL LOCATION 60 A M L Cn A • Cb (in TILL C"
OWNER/DEVELOPER rA ASTAL, ('/A/ZOLI /A /XE dlta- ADDRESS
PHONE
DATE SUBMITTED 2 _
GENERAL REQUIREMENTS
�Qnle- I r or linen; 3 other copies
ithin 12 months of preliminary approval
Lot Fee ($3.00 per lot)
JResidential Park Impact Fee (regional, medium, neighborhood)
Street sign fee ($45.00 per sign)
NIA Fire District Fee (if applicable)
fonforms substantially to approved preliminary
(Scale not less than 1" = 100'
Correct title block information (name, name and address of owner and surveyor, date,
vicinity map, type of north point)
Boundaries properly drawn with bearings and distances
�ame and locations adjoining subdivisions, streets, property owners
Width, names (unduplicated) and designations (public or private) of all proposed
streets CAfO P S5 1 CAT(oN6
`Width, purpose and designation of other rights -of -way or easements
Standard survey curve data on traverse of chords around curve for all curved lines,
marshes, monuments and control points
Control corners established in compliance N.C.G.S. 39-32.1,2,3,4
ufficient data to determine readily and reproduce on ground location of every bearing
— and length d -splays," ,-- mar
One or more corners of subdivision shall by a system of azimuths or by courses be tied
to a permanent marker of U.S. Coast & Geodotic Survey Systems or N.C. Grid System. If
such monument not available, the tie shall be made to some pertinent and permanent
landmark.
Location, purpose and dimensions of areas used for purposes other than residential
✓� ocks, lots numbered consecutively
-Water and sewer confirmation letters :f-N Qut(LC A"f Seu7�
If public designated roads, N.C.0.6.T. basic letter
V Copy of NCDOT Driveway Permit (if applicable)
anal draft homeowner covenants (if private development)
100 year flood plain displayed (if applicable)
REQUIRED CERTIFICATES
k/Ownership, dedication and jurisdiction disclosure (signed)
(-Certificate of accuracy and mapping (signed)
N.C.D.O.T. subdivision road construction standards certification signed by District
Engineer if roads dedicated public use
Ll� Certificate Registration by Register of Deeds (unsigned)
Water/Sewer Disclaimer statement (if applicable)
NIA CAMA Disclosure (signed by owner, if applicable)
f Flood Plain Management disclosure (signed by owner if applicable)
Private Development disclosure (signed by owner, if applicable)
)( Registration/Disclosure Homeowner's Covenants (if applicable)
t.
DESIGN STANDARDS
Block length greater 400' but less than 1,400'
Blocks ;to a 2 tiers
Buffer rips (if applicable)
Corre building set back lines
Cul- e-sac less than 1,000; designed minimum D.O.T. specifications
Dr inage easements not less 30' in width with ditch off centered 10'
U ility easements at least 15'
onservation Resource(s) (if applicable)
Project in area surveyed sewer (if applicable)
Street intersect not less than 75 degrees
Major street intersection at least 800' apart
Street jogs greater than 125' (if applicable)
Every lot abuts 40' on private or public road
Lots conform to zoning regulations
Corner lots conform to building lines on streets
Double frontage lots
Stub streets required
Connections to adjacent streets
Improvements complete or surety posted
Deficiencies/Comments:
Reviewed by: �" Date ,v
\s\fp-check.frm
a_._._-_..
-44
STATE OF NORTH CAROL_INA
DEPARTMENT OF TRANSPORTATION
G MARTIN 124 Division Drive
:3VEI?NOR Wilmington, NC 28401
HARRINGTON Phone 919-34:30440
,. CAL IARY August 19, 1987
District 3 - New Hanover County
Coastal Carolina Developers, Inc.
2905 West Market Street
Wilmington, NC 28403
RE: Plan Approval - Brittany woods Subdivision
Gentlemen:
DWISION OF H1(,'HWAYS
GEORGE E= WELLS, P.E.
S SATE HIGHVVAY ADMINISTRATOR
Ibis is to advise that the construction plan for subject subdivision
has been reviewed and approved by the Deparbient of Transportation. During
this review it was noted that said plan meek the minimum construction rc-
qui.rements for subdivisions.
Attached is a copy of the approved plan, together with a copy of District
Subdivision Inspection Policies, and Slope and Drainage Requir-errx nts for drive -
Way pipe installations for your ready reference in the construction of this
subdivision. It should be noted that driveways are to be graded to meet the
shoulder grades as shown on the attached drawing.
Also, please be advised that only slate .aplzroved materials are to be used
in the construction of this project for it to be :Mate approved. A Driveway
Permit will be required for any entrance ajoi.ni.nd a state maintained road.
Very truly yours,
�J
• P. Cools
District Engineer
JPC: drg
Atta
CC: Mr. D. J. Bowmers, P.E.
II i JI way Maintenance Engineer
;County Planr3.6N
An Equal Opporlunrty/AffirmativeAction Employer
PLANNING DEPARTMENT
DEXTER L. HAYES NEW HANOVER COUNTY
PLANNING DIRECTOR
320 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
November 17, 1986
Mr. Bill Grathwol
Coastal Carolina Developers
2905 Market Street
Wilmington, NC 28403
RE: Brittany Woods Preliminary Plan of Coastal Carolina
Country Club
Dear Bill:
The Planning Staff's initial review of the referenced plan
resulted in the following observations. Further review will be
contingent on compliance with Staff comments and pending agency
comments as applicable.
1. Application fee due: $50.00
2. Street Names and designation (Private/Public)
3. Names of adjacent land owners on either side of
Brittany Road
4. Locations and cross sectional detail of drainage and
utility easements.
5. Swamp Forest area should be named on map.
If you have any questions, please let me know.
Sincerely,
way ?4U-4 -
Walter Avery, Jr.
Staff Planner
WA/te
cc: Wayne Kimbrell, County Engineering
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 6, 1987
IN REPLY REFER TO
Regulatory Branch
Mr. Walter Avery, Jr.
New Hanover County Planning
Department
320 Chestnut Street
Wilmington, North Carolina 28401
Dear Mr. Avery:
We have reviewed the -=-preliminary plat dated November 14, 1986,
for the propoW`-Brittany W , 4 subdivision located south of
Murrayville road, eattiog'Tnterstate 40, New Hanover County, North
Carolina. At the developer's request the project site was
inspected by Ms. Alison Arnold of our staff on December 17, 1986.
Based upon this inspection, we have determined that the proposed
subdivision is located within streams and wetlands regulated by
the Corps of Engineers under Section 404 of the Clean Water Act.
It is our understanding that the developer is currently
redesigning the project to ensure that it is in compliance with
the regulations governing our regulatory program.
Thank you for the opportunity to review this proposal. If you
have any questions, please contact Ms. Arnold at (919) 343-4634.
Sincerely,
Charles W. Ho is
hief, Regulatory Branch
Copies Furnished:
Mr. Wayne Kimbrell
New Hanover County Engineering
Department
414 Chestnut Street
Wilmington, North Carolina 28401
Coastal Carolina Developers,
2905 West Market Street
Wilmington, North Carolina
Inc.
28403
PLANNING DEPARTMENT
DEXTER L. HAYES NEW HANOVER COUNTY
PLANNING DIRECTOR
320 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
December 10, 1986
Mr. Bill Grathwol
Coastal Carolina Developers
2905 Market Street
Wilmington, NC 28403
RE: Brittany Woods of Coastal Carolina Country Club
Dear Bill:
A preliminary plan for the referenced subdivision has been approved by the
County Planning Staff pursuant to Section 102-4 of the Zoning Ordinance.
The maximum number of lots permitted shall be 84 as depicted on the
preliminary plan. Approval of this plan is valid for one (1) year. It shall expire
if no action (either by approval of a final plat for part or all of the plan, or a
time extension is granted) is taken within the one year period.
Should you desire to record a plat before completing required infrastructure,
a surety (letter of credit, bond, cash in escrow) must be posted to cover the cost
of improvements left incomplete.
N . C . D . O . T . advised that an approved driveway permit for the connection to
Murraysville Road would be required. They also advised that Creek Ridge and
Brittany Drive should be constructed to "collector" criteria.
Substitute street names should be submitted. All names provided on the
revised map represent either duplications or phonetic similarities to existing street
names found elsewhere in the County. This includes Brittany Drive -- you have a
Brittany Court in (wail Woods.
Please review these comments and advise if you have any questions.
Sincerely,
Gad A�.
Walter Avery, Jr.
Staff Planner
cc: Wayne Kimbrell, County Engineering
S . D . Conklin, Inspections
SUBDIVISICN CHECK SHEET/PRELIMINARY PLAN
NAME OF SUBDIVISION
►3R I TTAN Y kh;a
OWNER In is Q L K- V i L r ^1
of-- ✓G
SURVEYOR l"�i[DNfUN1 ?
DATE SUBMITTED ►1
LOCATION ��A, ':,L CQieouNq
C Y fL vB
Print
_1cale not less than 1" = 200'
C<orrect Title Information (name, name & address of owner & surveyor, date, north point)
_I Vicinity Map
Name & locations of adjoiniAT-9`6-bdivisions and streets, adjacent Aperty owners
imnediate victni ty
Existing zoning classification
Boundaries properly drawn with bearings & distances
Location of all existing structures, buildings, railroads & bridges
opographic info - 2 foot intervals - indicating data source
�7 Location of marshes, water, water courses, ditches, drainage channels, sub -surface
drainage structures, & proposed method of disposing of drainage run-off and location &
ze of all drainage easements whether they are located within or outside the
proposed dlat. (-
Location of sanita4 sewers other than se ti_c'tanks, utility easements, proposals for
developing new water supply, storm rai��, & sewage disposal systems, if applicable;
connect4on to existing systems,if applicable
Street Pfght-of-wav; street names; street designs ions tS, wo)-e
�vement widths
adway cross section and drainage design
Lot lines, lot & Block numbers, setback lines
�res to be used for purposes other than residential
tal acreage
_�verage lot size, total number of lots 0 5 k 1 {�, et �G
Acreage in public or other land usage l�
1/ ovation of AECs
location of 100 year flood areas
J� Other supplementary material
Typical cross section of drainageways
Drainage areas & computed run-off per acre
__ Minimum lot size 1,11' mu/d
Approvals for water/sewer I -
V)
Homeowner covenants — ('nOkd 6)
DESIGN STANDARDS
,ock lengths greater than 400' but less than 1400'
Blocks to have 2 tiers
uffer strips & appropriate lettering
Correct set back lines (u
Cul-de-sac less than 1000'; designed in compliance with
Drainage easement not less than 30' in width with ditch
one side and 10' on the other (N. ,
K Utility easements at least 15'
Streets intersect not less than 750
Intersections with major streets at least 800 ft. apart
Street jogs are more than 125'
Every lot abuts for distance of at least 40' on a public
Lots conform to zoning ordinance (whor
DOT
centered 20' from
street
_ OA Lots not zoned shall have at least 15,000 sq. ft.;provided lots served by public
water may be 10,000 sq. ft.
Corner lots conform to building lines on both streets
Double frontage lots (see regs.)
Side lot lines substantially at right angles or radial to street lines
Streets designed to discourage thru traffic
Connections to adjacent streets
- 1 Marginal access needed? rA//,
25_14t4empl i ance?
OTHER COMMUITS
F26
AA/DES 6nV�4rt4 Is
- N
6-.01 t
a„�/ �✓/���NA�c. P�
Reviewed by: !`'
Date: ►1 ,�;6
1)i:I'j1itfMENT OF THE ARMY
WILMING ION DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
May 5, 1987
IN REPLY REFER TO
Regulatory Branch
Mr. Bill Grathwol
Coastal Carolina Developers,
2905 Market Street
Wilmington, North Carolina
Dear !,.fr. Grathwol:
Inc.
28403
On April 22, 1987, Mr. Rob Moul met with Mr. Hugh Heine of my
staff regarding your plans to develop property off of Smith Creek,
north of Wilmington, New Hanover County, North Carolina.
You plan to develop the Brittany Woods subdivision off
Murrayville Road. The purpose of this meeting was to verify the
surveyed wetland delineation that Ms. Alison Arnold had flagged
several months ago on this property. After measuring several
points with a 100-foot tape and comparing this measurement- with
the scaled drawing, it was found that the survey dated April 20,
1987, appeared to accurately delineate the Corps regulatory
jurisdiction. A small wetland was also found on lot No. 63 of the
subdivision.
Therefore, federal permits will not be required if all fill
material is placed and retained at or above the Corps wetland
alignment.
If you have any questions, please contact Mr. Heine at
telephone (919) 343-4725.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copy furnished:
Mr. Sam Burgess
New Hanover County Planning
Department
320 Chestnut Street
Wilmington, North Carolina 28401