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Final Plat Sec 1 - Approved 09-02-1987F 0 L D TO c- -A) C -- I t\j (4 SUBJEG: DATE MESSAGE fT 0 A 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. 2 RYALS, cJAOKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 am PAGE 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 3 RYALS, cJACKSON & MILLS WILMINGTON. NORTH CAROLINA 28402-0147 "OR P ADE 1382 080 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. 4 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 soft f A-K 1392 0802 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 5 RYALS, JACKSON & MILLS WILMINGTON. NORTH CAROLINA 28402-0147 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- RYALS, cJACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 40ox PAGC 1392 0804 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 7 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 OW.. PAGE 1392 0805 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 8 RYALS, cJACKSON & MILLS WILMINGTON, NORTH CAROLINA 2840L-0147 UP PAOC 1992 0806 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. E RYALS, JACKSON & MILLS WILMINGTON. NORTH CAROLINA 28402.0147 Dow P AOC 392 0807 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 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402.0147 low P AOC 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