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2025-06-02 RM Exhibits
LE:'Xh 1* b I' 16 Book V.L Page 11 . �Ict New Hanover County Monthly Collection Report for April 2025 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed 192,924,635.60 15,760,027.95 $ 12,924,505.65 $ 221,609,169.20 Abatements $ (65,615.78) $ (129,429.86) $ $ (195,045.64) Adjustments $ 30,392.48 $ 110,671.99 $ $ 141,064.47 Total Taxes Charged $ 192,889,412.30 $ 15,741,270.08 $ 12,924,505.65 $ 221,555,188.03 Collections to Date $ 193,004,068.76 $ 15,447,264.08 $ 12,924,505.65 $ 221,375,838.49 *Refunds $ 1,018,875.92 $ 38,601.34 $ - $ 1,057,477.26 Write-off $ 32.07 $ 1,423.09 $ - $ 1,455.16 -E.tsta.cr..g Balance $ 904,187.39 $ 331,184.25 $ - $ 1,235,371.64 Collection Percentage 99.53 97.90 100.00 99.44 YTD Interest Collected $ 188,819.75 $ 23,304.37 $ 120,737.82 $ 332,861.94 Prior Years 2014-2023 Scroll Real Estate Personal Property Motor Vehicles Combined $ 1,547,619.81 $ 3,986,566.26 $ 4,935.81 $ 5,539,121.88 Abatements $ (912.13) $ (44,446.56) $ - $ (45,358.69) Adjustments $ 1,105.75 $ 49.02 $ - $ 1,154.77 Total Levy $ 1,547,813.43 $ 3,942,168.72 $ 4,935.81 $ 5,494,917.96 Collections to Date $ 591,410.53 $ 119,626.26 $ - $ 711,036.79 *Refunds $ 37,763.14 $ 18,797.19 $ - $ 56,560.33 Write-off $ 35,448.70 $ 485,451.80 $ 4,714.71 $ 525,615.21 Outstanding Balance $ 958,717.34 $ 3,355,887.85 $ 221.10 $ 5,366,056.71 YTD Interest Collected $ 113,132.36 $ 30,799.42 $ - $ 143,931.78 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair 44 XIAA V 71#FN3lIIn&&AeV%_ Clio; the Board 4) S_ Date 798,408.24 11111111 111 1111111111 112111111 1 11 1111 111 1 Jill '' 11 All Scroll/Billed Abatements Adjustments Total Talll xes Charged Collections to Date *Refunds Write-off alla V81,101tril-MMIAM/ $ 91445 04050 $ 8oi 1IIII0,213.43 (7,522,43), $ 1,488.69 $ 5,41749 $ 9,443,311,12 $ 808,108.49 $ 9,398,91948 $ 790,733.88 $ 5937 $ 499.7 9.96 $ 71.85 Exhibit Book pageii-A Motor Vehicles Combined 659,427.41 $ 10,914,681.34 - $ (10,740.50) - $ 6,90&18_ 659,427,41 $ 10,910,847.02 659,427,41 $ 10,849,08037 $ 559.12 $ 8L81 - $ 62,24156 100.00 99.43 6,762.89 $ 17,85116 Prior Years 2014-2023 Scroll Real Estate Personal Property Motor Vehicles Combined $ 126,364.62 $ 348,16153 $ - $ 474,52&15 Abatements $ (60.28) $ (4,466.11) $ (4,526.39) Adjustments $ 10231 $ 236 $ 105,47 Total Levy $ 126,407,05 $ 343,700.18 $ - $ 470,107.23 Collections to Date $ 42,03101 $ 7,640.14 $ - $ 49,672.15 *Refunds $ 93.60 $ 137.06 $ - $ 230.66 Write-off $ 1.32 $ 132 $ - $ 2.64 Outstanding Balance $ 84,467.32 $ 336,19538 $ - $ 420,66838 YTD Interest Collected $ 9,669.96 $ 2,775.11 $ - $ 12,445.07 61,886.56 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY 0 Chair C; 0 4Cleo the Board �Itcisi+ECp 0, 1,45 Date Exhtlt B o o k _XLPa g e A..jD New Hanover County Fire District Monthly Collection Report for April 2025 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,272,372.68 1,162,489.37 $ 1,045,331.61 $ 14,480,193.66 Abatements $ (3,603.97) $ (4,198.89) $ (7,802.86) Adjustments $ 1,238.26 $ 16,651.78 $ 17,890.04 Total Taxes Charged $ 12,270,0 1,174,942.26 $ 1,045,331.61 $ 14,490,280.84 Collections to Date $ 12,212,812.80 $ 1,152,606.23 $ 1,045,331.61 $ 14,410,750.64 *Refunds $ - $ 193.97 $ 193.97 Write-off $ 23.45 $ 151.20 $ 174.65 Outstanding Balance $ 57,170.72 $ 22,378.80 $ - $ 79,549.52 Collection Percentage 99.53 98.10 100.00 99.45 YTD Interest Collected $ 10,405.11 $ 1,691.61 $ 9,566.70 $ 21,663.42 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 109,535.20 $ 219,233.36 $ 316.74 $ 329,085.30 Abatements $ - $ (1,193.58) $ - $ (1,193.58) Adjustments $ - $ 8.35 $ - $ 8.35 Total Levy $ 109,535.20 $ 218,048.13 $ 316.74 $ 327,900.07 Collections to Date $ 41,823.53 $ 8,218.34 $ - $ 50,041.87 *Refunds $ 114.58 $ 22.58 $ - $ 137.16 Write-off $ 2,337.60 27,258.33 $ 316.74 $ 29,912.67 Outstanding Balance $ 65,488.65 $ 182,594.04 $ - $ 307,908.03 YTD Interest Collected $ 7,666.57 $ 1,816.82 $ - $ 9,483.39 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office ZFV,7jffg UKOATINIAM�6 Cair" i jw /1oard F-the _U Date 59,525.26 AGENDA: June 2, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET BookExhibit BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2025. Section 1: Details of Budget Amendment Strategic Focus Area: Good Governance Strategic Objective(s): Engage in and apply continuous learning. Continuous focus on the customer experience. Fund: General Department: Library EMenditure: Decrease Increase Total BA 25-056 Libra ry $ - $ 2,500 $��� 2,500 Total $ - $ 2,500 Revenue: Decrease Increase Total BA 25-056 LSTA Scholarship Grant $ - $ 2,500 _ $ 2,500 Total $ -1 $ 2,500 $ 2,500 Prior to Total if Actions Taken Actions Today Departmental Budget $ 5,957,102 $ 52959,602 Section 2: Explanation BA 25-056 accepts a federal Library Services and Technology Act (LSTA) grant awarded by the State Library of NC in the amount of $2,500. This is a scholarship grant that will be used to fund employee attendance at the annual conference. There is no county match required for this grant. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 25-056 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 2nd day of June, 2025. (SEAL) a ill im E. Rivenbark, Chair Tan is ��f ✓ � � �' � i �, ;; ; l �� '�� � „% r i NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit . Book :XU J-1 Page RESOLUTION TODIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS, New Hanover County has joined national settlement agreements with companies engagedin the manufacturing, distribution, and dispensing ofopioids;and WHEREAS, the allocation, use, and reporting of funds stemming from these national settlement agreements and bankruptcy resolutions ("OpioidSettlement Funds") are governed by the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("M[)A") and the Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation ("SAAF"), and SAAF-2; and WHEREAS, New Hanover County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required bySection Dofthe K4OA;and WHEREAS, Section E,6 of the MOA states that before spending opioid settlement funds the local government's governing body must adopt a resolution that: (i} indicates that iiisanauthorization for expenditure ofopioid settlement funds;and, /ii\ states the specific strategy or strategies the county or municipality intends to fund pursuant to Option AorOption B, using the item letter and/or number in Exhibit or Exhibit Btoidentify each funded strategy; and, /iii\ states the amount dedicated to each strategy for a specific period of time. NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA and 3AAF, and SAAF-2, the New Hanover County Board of Commissioners authorizes the expenditure of opioid settlement funds as follows, and which supersedes prior resolutions: 1. First strategy authorized: a. Name ofstrategy: D.4^R.EProgram — Staff Training b. Strategy isincluded in Exhibit B c Item letter and/or number in Exhibit Aor Exhibit 8tothe K4OA: K1 d. Amount authorized for this strategy: $20,000 e. Period oftime during which expenditure may take place: Start date August Z1,3OZ3,through End date September 3O,2O24 f. Description of the program, project, or activity: School Resource Officers (SRO) will be trained on how to teach the D.A.R.E. (Drug Abuse Resistance Education) program, an evidence -based K-12Opioid abuse prevention program. Q. Provider: New Hanover County Sheriff` sOffice 2. Second strategy authorized: a. Name of strategy: D.A.R.E. Program - Implementation b. Strategy is included in Exhibit B c Item letter and/or number inExhibit AorExhibit Btothe K4OA:G8 d. Amount authorized for this strategy: $40,000 e. Period oftime during which expenditure may take place: Start date December 11,2O23,through End date June 3O,2O25 f. Description of the program, project, or activity: D.A.R.E. (Drug Abuse Resistance Education) has created an evidence -based K-12 Opioid abuse prevention program. School Resource Officers /5RDs\ teach children from kindergarten through lZth grade how to live productive drug free lives. Costs include implementation of the training and supplies and materials. 8. Provider: New Hanover County Sheriff's Office ]. Third strategy authorized: a. Name ofstrategy: Withdrawal management services. b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: A7 d. Amount authorized for this strategy: $1,350,000 e. Period of time during which expenditure may take place: Start date July 1, 2024, through End date June 30, 2028 t Description of the program, project, or activity: This will enhance patient retention in MOUD treatment, prevent relapse, and improve management of vuhhdnavva| symptoms for providers. g. Providers: Coastal Horizons andOpiA|D 4. Fourth strategy authorized: a. Name of strategy: Address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome b. Strategy is included in Exhibit B c. Item letter and/or number inExhibit /\orExhibit 8tothe K8OA: El d. Amount authorized for this strategy: $1,685,000 e. Period oftime during which expenditure may take place: Start date July 1,2D24,through End date June 30\2028 f. Description of the program, project, or activity: Tides, Inc. provides preventative treatment and support services for women with OU0while pregnant, sothey can give birth to ahea|thy baby, learn critical parenting and life skills, and retain custody ofthe child. g. Provider: Tides, Inc. Fifth strategy authorized: a. Name ofstrategy: Recovery support services b. Strategy is included in Exhibit c Item letter and/or number inExhibit A orExhibit BtOthe MO/\:3 d. Amount authorized for this strategy: $4`745,000 e. Period oftime during which expenditure may take place: Start date July 1,2024,through End date June 3O,2O28 f. Description of the program, project, or activity: Provides |oxv barrier non -medical detox, residential drug services, and transitional recovery housing for individuals with OUD. g. Provider: The Healing Place Sixth strategy authorized: a. Name ofstrategy: Evidence -based addiction treatment b. Strategy is included in Exhibit c Item letter and/or number inExhibit AorExhibit Bto the MOA:2 d. Amount authorized for this strategy: $669,555 e. Period oftirne-duringwhich expenditure may take place: Start date July 1,2024[through End date June 30l2028 t Description of the program, project, or activity: To increase access to evidence -based treatment byensuring timely access totreatment, assist with outreach/engagement for new and herd -to -reach patients; provide na|oxone supplies for existing patients and community members; support for cost of subuxomefor patients who need assistance. 8. Prmvider:K8edNorth 7. Seventh strategy authorized: a. Name ofstrategy: Evidence -based addiction treatment b. Strategy isincluded in Exhibit c. Item letter and/or number inExhibit AorExhibit Btothe MCA: 2 d. Amount authorized for this strategy: $640,000 e. Period of time during which expenditure may take place: Start date July 1, 2024, through End date June 30, 2028 f. Description of the program, project, or activity: This program will provide treatment for New Hanover County residents with OUD at a Recovery Unplugged facility, such as but not limited to the following treatment options: 30-Day Detox and Residential Treatment or 3-6 Month Detox and Residential Treatment. 8. Provider: Recovery Unplugged/Face thaMusic 8. Eighth strategy authorized: a. Name ofstrategy: Collaborative strategic planning b. Strategy is included in Exhibit o. Item letter and/or number in Exhibit Aor Exhibit 8tothe MOA: 1 d. Amount authorized for this strategy: $368,000 e. Period oftime during which expenditure may take place: Start date July 1,3O24,through End date June Z[lJO2O f. Description of the program, project, or activity: These positions will be responsible for supporting the implementation of strategic initiatives from the proposal phase to the data collection and reporting phase ofthe initiative. They will also beresponsible for collaborative strategic planning efforts. g. Provider: New Hanover County Office ofStrategy 9. Ninth strategy authorized: a. Name ofstrategy: Addiction treatment for incarcerated persons b. Strategy is included in Exhibit c. Item letter and/or number in Exhibit Aor Exhibit Btothe K4OA: Item 11 d. Amount authorized for this strategy: $1,224,655 e. Period oftime during which expenditure may take place: Start date August 21, 2023,throu8h End date June ]O, 2028 t Description of the program, project, or Currently, we are providing Medication - Assisted Treatment for individuals already on MAT in the detention facility. This is the second phase, that allows for inmates to choose to begin MAT treatment plan through an induction process indetention facilities. g. Providers: Coastal Horizons 10. Tenth authorized strategy: a. Name ofstrategy: Expand availability oftreatment for OUD. b, Strategy isincluded in Exhibit c Item letter and/or number inExhibit AorExhibit Btothe MOA:Item A1 d. Amount authorized for this strategy: $1,688,000 e. Period oftime during which expenditure may take place: Start date August J1,2O23,through End date June 3O,2028 f. Description of the program, project, or activity: The EK45 MAT Program offers an individual the opportunity to begin o Medication Assisted Treatment program by offering buprenorphine after anopioidoverdose event and then uses community paramedics and post overdose response teams to follow up and continue to provide medication and support until the person can be placed in long-term OUDtreatrnent. Q. Provider: NovantHealth 11.Eleventh authorized strategy: a. Name ofstrategy: Increase availability and distribution ofna|oxune and other drugs that treat overdoses for first responders, overdose, patients, individuals with OUD. b. Strategy isincluded in Exhibit 8 c. Item letter and/or number inExhibit AorExhibit Btothe yNOA:Item HI d. Amount authorized for this strategy: $100,000 e. Period oftime during which expenditure may take place: Start date August 2l,2O23,through End date June 3O,202O t Description of the program, project, or activity: Nakoxone is a medication approved by the Food and Drug Administration (FDA) designed to rapidly reverse opioid overdose. This will increase the amount ofna|Vxonebv2OOunits/xear. 8. Provider: New Hanover County Sheriffs Office 12.Twelfth authorized strategy: a. Name of strategy: Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose, patients, individuals with OUD. b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item H1 d. Amount authorized for this strategy: $70,000 e. Period of time during which expenditure may take place: Start date July 1, 2025, through End date June 30, 2028 f. Description of the program, project, or activity: Naloxone is a medication approved by the Food and Drug Administration (FDA) designed to rapidly reverse opioid overdose. g. Provider: City of Wilmington Police Department 13. Thirteenth authorized strategy: a. Name of strategy: Employment -related services b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MCAA: Item 5 d. Amount authorized for this strategy: $200,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 --------------------- placement, interview coaching, resume review, professional attire, relevant courses at i I n s h I n *r n rvi e * Wr�ycoagtiort vouchers ♦ ton g. Provider: LINC 14. Fourteenth authorized strategy: a. Name of strategy: Recovery housing support b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MCAA: Item 4 d. Amount authorized for this strategy: $965,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 f. Description of the program, project, or activity: The Housing Supportive Services program is intended to ensure residents who are recovering from opioid addiction can find and secure safe and affordable housing. Eligible activities include, but are not limited to, short-term recovery housing characterized by living settings that promote opioid free living for up to one (1) year and utilizes peer support and other addiction recovery aids. Eligible activities may provide professional low -intensity residential services for adults who are diagnosed with an opioid use disorder and require regular supervision. g. Providers: Coastal Horizons 15. Fifteenth authorized strategy: a. Name of strategy: Comprehensive wrap -around services. b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 131 d. Amount authorized for this strategy: $875,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 f. Description of the program, project, or activity: Wrap -around services are any services that are not treatment, but instead are services that "wrap around" individuals and help them get into treatment, stay in recovery, or prevent opioid use. Examples include housing, childcare, transportation, job training or getting needed education. g. Provider: Various providers 16. Sixteenth authorized strategy: a. Name of strategy: Full continuum of care of treatment and recovery services. b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 32 d. Amount authorized for this strategy: $375,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 f. Description of the program, project, or activity: Continuum of care services are any services that are not treatment, but instead are services that help individuals get into treatment, stay in recovery, or prevent opioid use. Examples include continuum of care through peer support, counseling, case management, etc. g. Provider: Various providers 17. Seventeenth authorized strategy: a. Name of strategy: Expand availability of treatment for OUD. b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al d. Amount authorized for this strategy: $1,111,297 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 t Description of the program, project, or activity: Provides funding for medically assisted treatment and associated therapy for underinsured and uninsured patients who cannot afford them to reduce unnecessary trips to the Emergency Department and reduce overdoses. g. Provider: Coastal Horizons 18. Eighteenth authorized strategy: a. Name of strategy: Fund media campaigns to prevent opioid misuse b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G1 d. Amount authorized for this strategy: $125,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 f. Description of the program, project, or activity: Public service announcements and media campaigns aimed at preventing opioid misuse. g. Provider: Eckel + Vaughn 19. Nineteenth authorized strategy: a. Name of strategy: Corrective advertising or affirmative public education campaigns based on evidence, b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G2 d. Amount authorized for this strategy: $100,000 e. Period of time during which expenditure may take place: Start date August 21, 2023, through End date June 30, 2028 f. Description of the program, project, or activity: Education and outreach programs related to opioid use disorder, & Provider: Eckel + Vaughn The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized strategies is $16,351,507. "- tZTV - �171MSWP' 110� Elm NEW HANOVER COUNTY ", William E. Rivenbark, Chair ATTEST: KymUr'l'ei'gh G". Crov4�1, Clerk to the Board r mmmloiffm New Hanover County Board of Commissioners 230 Government Center Drive Wilmington, NC 28403 Re: Tarin Woods II Special User Permit Technical Requirements Distinguished New Hanover County Board of Commissioner's members; xh j%N Book l L CSD Engineering has been retained by Hoosier Daddy, I_in.0 to assist in the pursuit of a special use permit for the Tarin Woods III project, Following the design and permitting of the existing single-family sections of Tarin Woods lll, we have been tasked with preparation of conceptual schematic plans and calculations needed to demonstrate that the additional dwelling density and specific product types meet and satisfy the technical and design criteria set forth in the County's Unified Development Ordinance ,Section 3.1.3.E. The specific criteria and how the project meets each criteria item are detailed as follows: 1. Site Capacity (Subsection 3.1.3.E.1) a. The proposed number of dwelling units is 444. The site consists of 43.5 acres, and at 10.2 dwelling units per acre, the maximum permitted density is 444 units. The Project is within the maximunn allowed density. 10.2 units per acre x 4.5 acres = 443.7 (partial numbers > .5 are rounded up to the nearest whole number). _ The following items described in this section below are also explained in Further detail in an additional letter to be provided to the Board's Clerk by Chase .Smith, PE with REIN Engineers, Developments allowed an additional dwelling allowance shall be located on a parcel of land that is either totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. The Project is within the Carolina Beach Road area and classified as Urban Mixed Use under the 1'd r�� Iq,nn�„rr a �s�rPY �, n_1,�r #del, si�rr Plan, satisfying this requirement. 3805 cherry Avenue - Wilmington, NC 28403 - 910 791444 - www,csd-erngineering.com — License # C-2710 'rVnln4li '�G YarinWoods 8SUP Technical Requirements | 2 b. The development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington k4PO Functional Classification Map. i The Project accesses Carolina Beach Road through a street network that satisfies the following: 1. "The development accesses an existing major or minor arterial roadway by a NCDOT- maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road." Hoosier Daddy, LLC respectfully requests including acondition to the Special Use Permit application toensure that specific private roads will be designed and constructed tomeet collector roadway requirements. The specific roads are as follows: The Nixon Connection from the roundabout extending toUSHwy 421 Ironwood Drive from the northern most four-way intersection extending south through the roundabout to the four-way intersection located on the southwestern corner of the tovvnhomnesection. c. All interior drives shall be designed so as to provide adequate access for emergency service vehicles. The Project has an interconnected street system as set forth in Section 6.2.2.A.6.Qand satisfies this requirement. ]. Required Open Space (Subsection 11.3£3) a. The Project must include open space equal to at least 35% of the Base Site Area. i The Project proposes 674,666 SF of open space, exceeding the minimum requirement of 663,193 SF (35% of Base Site Area). 1. 1894,8385Fx0.35=663,193.35F 4. District Improvement Requirements (Subsection 3.1].E.4) a. The Project has CFPUA sewer access, meeting the public or community sewer requirement. b. The Project has CFPUA water access, meeting the public or community water requirement. c. Underground Storm Drainage. i The Project requires underground stornnvvaterdrainage. d. The Project is permitted a maximum impervious surface ratio of 0.40. i. The proposed impervious surface ratio is 0.40, totaling 756,817 SF. 38O5Cherry Avenue Wilmington, NClO40]'91O7914441'www.csd-engjneehng.com—License #[-2710 Torin Ill cods 6C SUP Technical Requirements 13 5. Setbacks (Subsection 3.1.3,E,5) a. Minimum Setback Requirements: L Not less than 25 feet; iL Structures over 25 feet in height shall be set back an equal distance to the height of the structure; and HL Multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. b. Project Setbacks: L All the buildings in the Project will meet the above setback requirements 6. Landscaping and Buffering (Subsection 3.1.3.E.6.a & Section 5.4.3.6.2) a. The Project proposes "Type A: Opaque Buffer" landscaping, as required by Section 5.4..B.2. b. Transitional Buffer Standards L "Type A: Opaque Buffer" 1. Option 1: Vegetation Only a. The greater of 50% of the setback requirement or 20 feet.. b. Planted materials shall be a minimum of 6 feet in height and provide approximately Full opacity within 1 year of planting.. c. Minimum of 3 rows of planted material. 2. Option 2: Combination of Berm & Vegetation a. The greater of 50% of the setback requirement or 20 feet b. 'The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less with a level or rounded area on top. c. The combined height of the berm and planted materials shall provide approximately full opacity at a minimum of 6 feet within 1 year of planting. . Option 3: Combination Fencing & Vegetation a. The greater of 50% of the setback requirement or 10 feet. b. Fencing shall be between 6 and 10'feet in height. c. Required planted materials shall be located between the fence and the common property line unless otherwise specified. 3805 Cherry Avenue- Wilmington, NC 28403 - 910 7914441- www.csd-engineering.com — License # C-2710 Tarin Woods 11 SUP Technical Requirements 14 & If solid fencing is used, planted materials at a minimum of 3 -feet in height and providing a minimum of approximately 50% visual opacity at initial planting shall be required. Vegetation shall be planted between the fence and the nonresidential or attached structure if the required buffer is 15 feet or less in width to accommodate regular maintenance. e. If permeable fencing is used, a minimum of 2 rows of planted materials providing approximately full opacity within 1 year of planting are required. 7. Parking (Subsection 3.1.3.E.6.b & Section 5.1.2.A) a. The Project provides an adequate number of parking spaces in compliance with the UDO. b. Minimum off-street parking requirements for Dwelling, Multi -Family: L I bedroom dwelling unit: 1.5 parking spaces. H. 2+ bedroom dwelling unit: 2 parking spaces. c, Building Nos. 1-28 and 35-45 (Townhomes) L Each unit includes a driveway to provide off-street parking, satisfying the off-street parking requirement, d. Building Nos. 29-34 and 46 (Apartments) I. Proposed number of parking spaces: 543. 1, Minimum required parking spaces: 507. 2. Buildings and associated parking spaces: a. Building Nos. 29-32 i. Proposed: 250 H. Minimum required: 230 b. Building Nos. 33-34 L Proposed: 116 H. Minimum required: 115 c. Building No. 46 L Proposed: 177 ii. Minimum required: 162 8. Sewage and Disposal Facilities (Subsection 3.1.3,E.6.c & Subsection 4.3.3.1) a. Sewage disposal and collection facilities shall be designed and installed in accordance with the standards and requirements set by CFPUA and/or appropriate local or state agency. 3805 Cherry Avenue - Wilmington, NC 28403 - 910 7914441- www.cscl-engineering,corn — License # C-2710 Oikl Tarin Woods HSUP Technical Requirements 1 5 9. Submittal and Review Requirements (Section 3.1.3.E.8) The development proposal will be reviewed in accordance with the same standards for subdivisions even if the project does not involve the subdivision of land, The Technical Review Committee shall review such plans in addition to board approval of the special use permit. b. 'The site plan must conform to the requirements of Section 10.3.6, and shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands, The following items described in this section below are also explained in further detail in an additional letter to be provided to the Board's Clerk by David Syster with Southern Environmental Group, Inc. The "Overall Site Location" map states in Note 8, "No wetlands located within proposed SUP area." c. A drainage plan pursuant to Article 6: Subdivision Design and Improvements, and the County's Stormwater Management Ordinance shall be submitted. 10. Traffic Impact Analysis Worksheet (Section 5.2.4) a. This application for Special Use Permit -falls within the existing Traffic Impact Analysis ("TIA") for Tarin Woods II based on the proposed development density. 11. Tree Retention (Section 5.3) a. "Regulated trees" existing on the Project site have been appropriately surveyed on the "Existing Conditions" map, indicating the location, size, and species of each tree. a. The Project is surrounded by properties zoned R-15, and is limited to the use of streetlights that do not exceed 25 feet in height and to use "full cut-off" fixtures directed downward. 13. Stormwater Management (Article 7) a. The Project at a minimum, must provide stormwater conveyances designed to properly convey stormwater runoff for post -development conditions during the 2-year, 10-year, and 25-year frequency storm events and shall provide adequate stormwater control measures to mitigate the increased runoff from the post -development conditions during the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving the development in post -development condition does not exceed the pre -development rates. b. The Project will require a Stormwater Permit, since it will result in over 10,000 SF of built upon area. 3805 Cherry Avenue - Wilmington, NC 28403 - 910 7914441- www.csd-engineering.com — License # C-2710 7arinWoods 8SUP Technical Requirements | 6 14. Erosion and Sedimentation Control (Article 8) a. The Project will require an erosion control plan consistent with the requirements of Article 8 and approved bvNew Hanover County, since the Project consists ofover one acre of"land disturbing" activity. The erosion control plan must be filed and approved 30 days prior to initiating work. 15. Flood and Damage Prevention (Article 9) a. The Project is in a Zone "X" flood plain, and not located within a Special Flood Hazard Area;thus, the requirements of Article 9 are not applicable. Please let me know if you have any questions concerning the technical design aspects of the application. Thank you for consideration of this Special Use Permit request. Howard Resnik, PE 3805 Cherry Avenue Wilmington, NC2O4O3 9107914441 www.osd-enQineehng.00m—License #C'2710 EAU Book 5(0- Page New Hanover County Board of Commissioners 230 Government Center Drive Wilmington, NC 28403 Reference: Tarin Woods 11 Special Use Permit Technical Requirements New Hanover County Board Of Commissioner's Members: RFK Engineers PLLC has been retained by Hoosier Daddy, LLC to assist in the pursuit of a special use permit (SUP) for the Tarin Woods 11 project. We have been tasked with demonstrating that the additional dwelling density and specific product types meet and satisfy the technical and design criteria set forth in the County's Unified Development Ordinance (UDO). The specific criteria and how the project meets each criteria item are detailed as follows: 2. Location and Access (Subsection 3.1.3.E.21 b. The development shall have direct access to and from an existing major and minor arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification Map. i. The project accesses Carolina Beach Road through a street network that satisfies the following: 1. "The development accesses an existing major or minor arterial roadway by a NCDOT- maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road." Hoosier Daddy, LLC respectfully requests including a condition to the special use permit (SUP) application to ensure that specific private roads will be designed and constructed to meet collector roadway requirements. The specific road are as follows (Nixon Connection —from the roundabout extending to US 421; Ironwood Driveway —from the northernmost four way intersection extending south through the roundabout to the four way intersection located on the southwestern corn of the townhome section). c. All interior drives shall be designed so as to provide adequate access for emergency vehicles. The Project has an interconnected street system as set forth in Section 6.2.2.A.6.g and satisfies this requirement agle � 10. raffic Irv�pact Anal psis WorksheeliSection 5.2.41 i. TIA allowed for 125 detached single family homes and 241 townhomes. a. Daily Traffic — 3,958 total trips b. AID Peak Hour— 204 total (49 entering and 155 exiting) c. PM Peak Flour-255 total (160 entering and 95 exiting) IL New proposal is for 8 detached single family homes, 146 townhomes, and 290 apartments. a. Daily Traffic — 3,095 total trips ( 86 l ip,.. (,,, r,'N (M1,i to App°rrr vof,, r Vy, b, Ali! Peak Flour — 190 total (47 entering and 143 exiting) i 14 tripe r orrlparF.(J to Ai,,) .rr (,'Jve(a TIA] c. PM Peak Hour— 238 total (147 entering and 91 exiting) 11. 7, r 1:, r1o1,np an,,,,d to Ap,r, A ovr,,cp .p lAJ The new d nsitylunit mix is anticipated to amount in a reduced volume of traffic during the peak horns while minimally increasing the traffic generated over the coarse of a typical 4-hour weekday. iii. Traffic counts for the approved TIA were collected in 2021 and grown by 1% per year from 2021 to 2026. Additional growth included the remaining 30 lots from Tarin Woods lI. New traffic counts were collected in April 2025 to compare current traffic on Carolina Beach Road to traffic projections from the TIA. the new data shows that growth projections from the original TIA were conservative. Sincerely, RF Engineers PLLC Chase Smith, P.E. Senior Traffic Engineer OMNI A I , fifill I 'V, July 27, 2022 Mr. Nick Liguori, PE DAVENPORT 1100 Boulders Parkway, Suite 100 Richmond, VA 2322 RE: Approval with conditions letter for the Traffic Impact Analysis (TIA) associated with the proposed Ironwood Residential development in New Hanover County, NC (adjacent to Tarin Woods 11) Dear Mr. Liguori, The WMPO, NCDOT, and New Hanover County staffs have reviewed the Ironwood Residential development TIA (sealed June 30, 2022) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built over three (3) phases and will consist of: PHASE 1A — Build year of 2023 ITE Land Use Code 210 — Single Family Detached Housing — 125 DU PHASE I B — Build year of 2024 0 ITE Land Use Code 220 — Townhomes — 125 DU PHASE 2 — Build year of 2026 0 ITE Land Use Code 220—Townhomes housing — 116 DU Upon completion the entire development will consist of 125 single family residences and 241 townhomes. Based upon a review of the analysis, the following improvements are required by the developer: Phase 1A 0 No improvements are required Extend southbound U-turn Lane on US 42 7 to provide 500 feet of storage and 50 feet of full width deceleration and 700 feet of toper Optimize signal timings . . . .... ..... TIA approval with conditions for Ironwood Residential TIA Phase 2 0 No additional improvements are required US 421 and NB-SB U-turn south of Rosa Parks Lane (Unsignalized) Phase 1A, 1B & 2 0 No improvements are required US 421 and Sanders Road/Storage Driveway (Signalized) Phase 1A, 1B & 2 0 No improvements are recommended. US 421 and Beau Rivage Marketplace Driveway (Unsignalized) Phase 1A 1B & 2 0 No improvements are required, US 421 and Manassas Drive (Signalized) Phase 1A, 1B & 2 * No improvements are required. US 421 and Sharks Eye Lane (Signalized) Phase 1A, 1B & 2 0 No improvements are recommended. Phase 1A, I B & 2 0 No improvements are required. Myrtle Grove Road and Lieutenant Conglenton Road (Unsignalized) Phase 1A, 1B & 2 0 No improvements are required. US 421 and Site Access 1 (Proposed unsignalized right-in/right-out intersection) use 7A 0 No improvements are required. Phase 1B • Construct site access with an internal protected stem of 175 feet measured from the right -of -Way time and with one ingress lone and one egress lone (right-inlright-out only) and stop controls on the westbound approach. • Construct a northbound right turn lone on US 427 from the U-turn bulb to the south of this access Phase 2 * No additional improvements are required 951EM . . ...... .. . . .. . .. , Vc TIA approval with conditions for Ironwood Residential TIA IDS 421 and Site Access 2 (Proposed unsignalized right --out only intersection) Phases 9 No improvements are required. Construct site occes.s with on iaaterrnenf protected sterna of 100 feet measured from the right —of —want' lire and one egress tonne (right -out rarely) with step controls on the westbound approach If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be modified and would require a revised Traffic Impact analysis to be submitted for review by the NCDOT, WMPO, and New Hannover County, in which instance this approval would become mall and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application, all applicable NCDOT and New Hanover County technical standards and policies shall apply, Please contact me at (910) 473 — 5130 if you have any questions regarding this approval. Sincerely, KPE Scott . JameA, Transportation Planning Engineer Wilmington urban Area MPO Ec9 Ben Hughes, PE, (district Engineer, NCDOT Jon moan, deputy District Engineer, NCDOT Michael L. Bass, Assistant District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Stonewall Mathis, PE, Deputy Division Traffic Engineer, NCDOT Krupa Koilada, Senior assistant Traffic Engineer, NCDOT Ken Mier, Director of Planning, New Hanover County Julian Griffee, Planner, New Hanover County Denys Vielkanowitz, PE, City Traffic Engineer, City of Wilmington Thomas Bradshaw, PE, ITS Engineer, City of Wilmington Cie Kozlosky, Executive Director, WMPO Jarnar Johnson, El, Engineering Associate, WMPO m m r Ln 7 g % r4 k _ \ � \ 3 CL I � { E A \ ui 41 ® \ o 0 « _ m j _ 2 L F $ q I < { 2 \ $ LU >- r, e co \ \ \ k 2 / R R \ \ \ \ c o � � ® � m / \ / \ / \ 7 C \ 2 7Eb � 7 $ 2 m \ < 0 7 \ k I m x co $ / Cn CL I CL \ $ q 0 ® F \ Cli k I Qj LU rl I < / ®q % N LU m \ \ Cl 2 \ R R R m 4-1 \ m / / c / % / / o 0 _ _ r / ° $ y 2 2 M 2 \ ® to _ � p _ _ 2i 7 { c < k & 2 8 CL CL \ 0 a § E § u '' i � 'l' ! From Approved TIA New Counts -°- Comparison 2026 No -Build 2025 Existing 2026 Projected AM PM AM PM AM PM AM PM Intersection 1- US 421 & Lobos Lane SBT SBU 1,683 2,429 1,628 2,350 1,644 2,374 -39 -55 87 128 73 93 74 94 -13 -34 Total 1,770 2,557 1,701 2,443 1,718 2,468 Intersection 2 - US 421 & Manassas Drive SBR SBT SBL SBU WBR NBR NBT NBL NBU EBR 13 47 25 45 25 45 12 -2 1,478 1,997 1,436 1,876 1,450 1,895 -28 -102 107 156 138 206 139 208 32 52 28 26 0 6 0 6 -28 -20 284 161 359 196 363 198 79 37 42 35 43 56 43 57 1 22 1,824 1,468 1,634 1,406 1,650 1,420 -174 -48 65 73 16 43 16 43 -49 -30 2 3 1 5 1 5 -1 2 22 97 33 88 33 89 11 -8 Total 3,865 4,063 3,685 Intersection 3 - US 421 & Sanders Road SBR SBT SBL SBU WBR WBT WBL NBR NBT NBL NBU EBR EBT EBL 3,927 3,720 3,966 ,r,,4 :'u- 277 381 221 379 223 383 -54 2 1,397 2,046 1,368 1,976 1,382 1,996 -15 -50 3 4 0 2 0 2 -3 -2 10 10 12 13 12 13 2 3 6 5 1 1 1 1 -5 -4 0 0 1 2 1 2 1 2 0 4 0 0 0 0 0 -4 6 6 2 0 2 0 -4 -6 1,962 1,515 1,762 1,438 1,780 1,452 -182 -63 102 84 90 84 91 85 -11 1 34 22 5 11 5 11 -29 -11 156 108 144 115 145 116 -11 8 0 0 2 0 2 0 2 0 486 360 433 321 437 324 -49 -36 Total 4,439 4,545 4,041 4,342 4,081 4,385 Mir�B Exhibi..S(l JC MORGAN Book L Page, REAL ESTATE VALUATION I REVIEW I CONSULTING June 2, 2025 New Hanover County Board of Commissioners 230 Government Center Drive Suite 175 Wilmington, NC 28403 Re: Special Use Permit Request (S25-02) Hoosier Daddy, LLC 43.50 Acres at 5741 Carolina Beach Road New Hanover County, NC JC Morgan Company is a real estate appraisal and consulting firm based in Wilmington, NC. Since 2010, our firm has appraised and consulted on hundreds of properties throughout North Carolina. The property types we appraise and provide consulting services for include land, residential, retail, office, special use, multi -family, industrial, mixed -use and more. Our client base generally consists of banks, local and federal governments, airport authorities, attorneys, utility companies and property owners. I was recently engaged by the applicant to perform research and analysis that would enable me to conclude an opinion as to Item 3 of the applicants Special Use Permit application. Item 3 states: The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. To develop an opinion on this requirement, I researched several comparable attached and multi- family properties in our local market as well as the properties that adjoin them. Lumina Station 1904 Eastwood Road • Suite 305 • Wilmington, NC • 28403 PO Box 481 • Wrightsville Beach, NC • 28480 Tel: 910-256-2920 www.jcmorganco.com My analysis included reviewing the sales history and prices of properties that were adjacent to the attached and multi -family projects, then, comparing that data to the sales history and prices of similar properties that were close by, but not adjacent to those same projects. The projects that I reviewed include the following: 1. Tesla Park apartments and the adjacent Georgetown residential subdivision, off of College Road; 2. Belle Meade apartments and the adjacent Belle Meade Village residential subdivision, off of Carolina Beach Road; 3. The Airlie at Wrightsville Sound and the adjacent former Galleria shopping center proposed for multi-family/mixed-use development; Additional attached and multi -family developments were also reviewed for added support. These include The Village at Mayfaire and the adjacent residential subdivisions, Saint Andrews Apartments, the Ashley Park townhomes and the adjacent single-family homes. Based on the data that I reviewed, there is no indication that the proposed project would have a negative impact on the adjoining or abutting property values. In conclusion, it is determined that the proposed project, as described within the Special Use Permit Application, would not substantially injure the value of adjoining or abutting properties. Should you have any questions, or want to discuss this matter further, please do not hesitate to contact me. Sincerely, r4 M U =0 Jack C. (Cal) Morgan, III, MAI, SRA, AI-GRS JC Morgan Company arin Wocids addition opting special.-Tase permit to wring ota c,,, Mi6AO,e� McCul. Horne � Niews & PoHbcs Governrnent https:://f)f)rteitydaily.com/latest-new,,.,,,/2025/05/(`)()/Uif-ii't-woods-additi.,. Get unfirMted access Tarin Woods addition opting for special -use permit to wring out commissioner approval By Port City Daily sufff May 6, 2025 llnasicr Daddy LLCs plans fiat` a 444'-unit addition to Tarin Woods, NEW HANOVER COUNTY — Following in the footsteps of other recent detested developments, the 'Tairin Woods development is requesting a special use permit to finally push through its addition, now 444 units. Sign In 1 Subscribe EAU Book, Yage-114J. More on Port City ------ - Station 13,fire captain bd',tk from paid suspen sion, federal evaluation to recommence I Tarin Woods addition opting for special -use permit to wring out c... https:Hportcitydaily.com/latest-news/2025/05/06/tarin-woods-additi... Get unlimited access READ MORE: Tarin Woods is bnck before p1,,,a,,nrdr',rq h,, avr�""I"' 60,0"-plu's", Hoosier Daddy LLC is requesting an additional dwelling allowance for 43.5 acres at 5741 Carolina Beach Road, located in the R-15, medium -density residential, zoning district. Because the R-15 district only allows for 2.5 units per acre, the addition, which will have 10.2 units per acre, requires a special use permit; 10.2 units is the maximum allowed. This is the third iteration of the expansion to add to its already 130-unit development, though public pushback led to its defeat every time. While it's submitted a special -use permit before, this go -round developers opt for more units. Special use permits have come under lire from both the City of Wilmington and New Hanover v in recent months. Elected leaders and the public began to view SUPS as loopholes for developers after several projects — namely the Holly Sh Iff, r - R-a c- e , qoet Cli ih — eked through despite intense opposition. Though SUPS are designed to offer property owners flexibility without having to undergo a rezoning, both governing bodies have discussed ridding their land Sign In I Subscribe codes of them in favor of conditional zoning. This woul ArA_�2AMMAJ__1Ad+h rStai�lon 13 fire captain back from paid suspen Sior judicial hearings, a complicated process required for S sion, federal evaluation to recommence limits those who can speak to experts on the topic, whether it be property values or stormwater, the process has garnered pushback from some. P ay _VVW._Y*U_Cain Class" for offs, 717cty ch efwsses offercxf each whowith The New Hanover County Planning Board held a preliminary hearing for the Tarin 2 of 5 6/2/25, 1:12 PM Tarla 66&• addltio n opting for special -use permit to wring out c... ttps://portcitydaily,co /latest-news/202.5/0 /06/tarun-woods-a diti... Get oanftited access Sign In Subscribe before the commissioners, the meeting offered the general public opportunity to express their concerns. The five speakers raised the issue of flooding pointing to excess water surrounding properties already experienced during storms — and traffic, as the development is expected to generate 113 morning and 145 evening peak honer trips. Despite the significant flooding increase, residents tried to page holes in the developer's traffic impact analysis, completed in 2021 and in winter months, when there was less congestion. "'The 2015 nnn l daily trips were counted at 31,000 on South College Rood, north of the intersection; south of the intersection, the ADT count was 41,000 it' significant," resident Michelle O'Brien said. "These roads originally built to serve rural and intermediate tour traffic are comparable to a city of over 100,000, simply adding traffic to Carolina Beach Road without creating alternative or additional routes for traffic or safe routes from pedestrians and bicyclists compounds the problem.' Attorney Corrie Lee, representing Hoosier Daddy, said their TIA is tender review to ensure it fits their current proposal, though she said they don't think they will need to replace it with a new one. The planning board normally suggests whether a project should be approved by commissioners, but it doesn't offer recommendations for approval for quasi- judicial hearings, which can only be heard once. Instead, the board offers guidance to presenters and suggested last week the developer home in on the new o �he development p R becaus some board members had trouble identifyingthem. _. station 13 fire captain back from paid suspen slornJ eral evaluation to recommence ,s"Yo�I going to have to convince thern that the ream that what you're proposing to them now addresses the concerns t y ..dpreviously . during the time troy consider the conditional rezoning," rice chair Colin Tarrant said, .and if you go nip there with the same application and you make the same arguments, Iwouldn't expect a different result, and I can"t say that what we're hearing tonight is o lot different from what I've heard in different times," Hoosier Daddy has been submittinq various versions of the °T rin Woods 3 of 5 6/2/2.5 , 2 :12 PM 7 T rin Woods addition opting for special -use lrcrrrflit to wring out c... ttps://porteitydaily.coat/latest-news/2025/05/00/tarin-woods-additi... Get uarafimited access additional townhomes and 10 single-family homes to the existing Teruo Woods neighborhood. It was denied in May 202 y thin county commissioners in a 41 vote after significant pushback from nearby residents. The addition was then switched to a special use permit in May 2024, though requesting the same density, 1i .2 units are acre, as the developer dud last week, Iwlow ever,the n pl n?d v loprru rst rely cant in 17'1 u,unit spread across 16.7 acres. The permit request was Withdrawn befogs it went before commissioners, though residents at the planning board meeting expressed the same concerns as they did a year Inter — the traffic and flooding would inundate u rrouuunding neighborhoods. Resident Shawn Bunge described the repeated submissions as a "tactic of "This is a repeated attempt to farce high density development into a clearly inappropriate location that isn't just misguided, it's blatant show of disrespect for the governing decisions already made and the community that calls this area home,' Bunge said. Brenda cCombi , director of the Coastal Christian Academy abutting the T rin Woods property, said she Was shucked to see a rand running behind the school. She said the design presented safety concerns and would require the school t pint up more fencing. However, Lee said the new site plan Was drawn up with these concerns In mind. She said the townhomes Were placed on the multi -story buildings with balconies v rlo king the su also use dense buffers. Saga In Subscribe Station 13 fire captain back from paid suspen i n, federal evaluation to recommence uol property. The bite Will _ 6 h n the commissioners questioned Lee n this version's novelty, Lee admitted not much beyond switching from conditional nlzoning .to.0 l u... permit e.Mn..�d ....... the reconfiguration f the site pIn. _ Commissioners recommended she focus on those components when going back 4 o.f 5 12f25,1:12 P Tarin Woods addition opting for special -use pen -nit to wring out c... https://portcitychUy.com/latest-news/2025/05/06/tarin-woods-addit.i... Get uriftited access "in order for your opinions, feelings and arguments to be considered, you are going to have to meet a certain legal standard that that board of commissioners will only be able to consider evidence you put before them that meets that legal standard," Tarrant said, "So please take heed as to what we're saying when we strongly recommend you do communicate and retain legal counsel to advise you, as well as other experts" Tips or comments? Email infogportcitydaflycom. Want to read more from PCD?Subscribe ,�r),,;,1 and then sign up for our morning newsletter, Wilmington Wiry;, and get the headlines delivered to your inbox every morning. I Sign In I Subscribe Station 13 fire captain back from paid suspect sloe, federal evaluation to recommence 5 o.f 5 6/2/25,1:12 PM New Hanover considers eliminating special use permits in Wilmingt... https://www,stamewsonline.com/story/news/local/2025/05/13/new... 4 V.+ RuNews DO N L IN E LOCAL New Hanover offit�ia —sc—o—ns-id—er eliminating process that has them'hog- tied'on development (7, Daniel Sheehan ny 14& Wilmington StarNews May 13, 2025, 5:03 a.m. ET Key Points Al -assisted summary 0 New Hanover County officials are considering eliminating special use permits, a process some say unfairly favors developers. The special use permit process limits public input, with only those with legal standing allowed to speak at hearings. While some officials believe the process ensures only legally sound arguments are considered, others argue it disadvantages the community. New Hanover County Planning Board members recently debated eliminating a process that some officials say unfairly favors developers. New Hanover officials are reckoning with the county's rapid growth as they tackle an update to the comprehensive land -use plan. The update is in the early stages, as several meetings and public engagement opportunities are still anticipated before the revisions are adopted. County staff presented numerous statistics at a joint meeting, including one that showed the county would need 38,697 more housing units to accommodate projected growth over the next 20 years. Just before the meeting was adjourned, Commissioner Rob Zapple posed a question to the group: "Can you envision a future without special -use permits?" 1 of 4 6/2/25,10:07 AM T4ew Hanover considers eliminating special use permits in WilmingL.. https://www.stamewsonline.com/story/news/local/2025/05/.1.3/new... Planning board member Clark Hipp sal d.that special -use permits are a "disadvantage to the community," noting that conditional zoning applications allow for sufficient resident input. "That's why I'm on this planning boar d,to give the community an opportunity to 2 of'4 6/2/25,10:07 AM New Hanover considers eliminating special use permits in Wilming... https://www.starnewsonline.com/story/news/local/2025/05/1.3/new.,. see what's happening and how these changes are affecting them," Hipp said. "I've lived here for 40 years. I want to know what types of things are affecting me." Planning board chair Colin Tarrant said he believes there is a place for special - use permits, as the process ensures only legally eligible arguments are presented to the board of commissioners. "The board ... is tasked with weighing the evidence and only certain evidence can be weighed by them," Tarrant said. "It has to meet that substantial material and competent evidence standard." Board of Commissioners Chair Bill Rivenbark said the county is "hog-tied" when a developer returns teat oard with a special -use permit application after an initial rejection. J�g Requests from the applicant and the opposition have .she the project's quasi- judicial hearing date back on two separate occasions. The hearing was initially scheduled for Feb. 3 but has since been delayed tea July 25. 3 of 4 6/2/25,10:07 AM New Hanover considers eliminating special use permits in Wilmingt... https://www.stamewsonline.com/story/news/local/2025/05/13/new... Daniel Sheehan covers New Hanover County for the StarNews. Reach him JO at dsheehan@gannett.com. 4of 4 6/2/25,10:07 AM 11 Special Use Pe .it. pplicatioij-02-2022 fbttps:lll serfiche.nhcgov.co¢xa ebl.,ink/DocView.as x?id 490726... Search in document .ley-WgbLLin—k More NHC Public l ocurrientS P1anining Website Documents a.. Details Anne Entry Properties i Modified 3ff20; Created 11f202 Path \Public Docum Use Pei Template No template assig in of a special use permit opplirmion submitted through " urrty's I nn the sub nittal and review of applications are mined In the flowchart luirer ert , as well as the standards to be applied in reviewing the Unified Development Ordinance ,3plkant sell conduct a community Information meeting In accordance witli Section Information Ater Name if different from pp ieant/Agent) Company/Owner e I of 2 t2125, E.f :10 .A Special Use Permit Application_02-2022 https:Hlaserfiche.nhegov.comlWebLink/DocView.aspx?id=490726... 2 of 2 612f25, 10:10 AM Unified Development Ordinance—Updated-04-07-2025 https:Hlaserfiche,nhcgov.com/WebLink/DocView.aspx?id=534792... Search in document My-3Ngb—Linnk More NHC ... LIDO ... Automatic Zoom Details Ann( Entry Properties Modified 4/24/2( Created 4/24/2( Path \Public Docum Docum Develol Amend Develol Ordinal Template No template assig 1 of 2 6/2/25,10:14 AM Onifica Development Ordinance.-IJpdated-04-07-2025 https:Hlaserfiche.iihcgov,com[Webi.,ink/Do( View.aspx?id=534792,., "M 6/2/25,10:14 AM T\A i OM I-. ()'T>-i W .eNCV;l 6 i t-S 6O+titrk� Z)0.`%5 wlm� /, l / � / /�. r/ / / � , � �1%l PMC oke MEMBER OF ° 45awuv*om TaKin Woods Property Owners Association, Inc. New Hanover County Planning Commission New Hanover County Board of Commissioners Towhom itmay concern: As the elected Board of Directors representing the TahnWoods Property Owners Association("POA"), we respectfully submit this formal response opposing the Special Use Permit Request (S25-00)filed by Samuel Potter of Equitas Law Partners, LLP on behalf of Hoosier Daddy, LLC, the developer of the Tarin Woods community. Since its establishment through a Declaration ofCovenants, Conditions, Restrictions, and Easements ("Covenants") recorded on February 15, 2013, Tarin Woods has grown into a vibrant residential community of 345 single-family homes. it includes approximately 30 acres of open space, a community pool, clubhouse, playground, sports courts, 11 ponds (all with fountains), and four mailbox stations. Our roads —though privately owned —are widely used, not only byour residents but bxneighboring communities including Lt. Congleton, Sentry Oaks, Covington, and Battle Park, as well as commuters cutting through from Carolina Beach Road tmMyrtle Grove Road. The community is deeply concerned by the developer's new proposal to add 290 apartments,146 tm*mnhomes, and o5-6story building ("Manor Houme")which would bring anestimated 543additional vehicles (according to the plan submitted by the developer) through our already overburdened infrastructure —daily. These plans are alarming not only in scope but in timing and context, given the current state of neglect and disrepair in the still -incomplete Tarin Woods 11 section. Our private roads, including Sweet Gum Drive, Short Leaf Way, Ironwood Drive, Black Ash Run, Sweet Shrub Court, and Canopy Way, are deteriorating at an unsustainable rate. We are currently undergoing a road study with acertified engineering firm, funded entirely by our POA, which will cost tens of thousands of dollars. Preliminary findings indicate these roads —many less than five years old —are projected to fail entirely within 1-3 years. Additionally, there is indication that pipes underground moving storm water may be failing which is causing areas of roads to sink. Despite repeated appeals to the developer to address sinkholes, potholes, alligator cracking, and general substandard construction, nmaction has been taken. Meanwhile, these roads continue to be damaged by the developer's own construction vehicles —vehicles hauling dirt for other projects entirely unrelated toTar|nWoods. The financial burden of these repairs is unfairly being pushed onto the residents, while the developer, who still holds ownership of these roads, continues to benefit. This is not only unsustainable —it is unacceptable. Furthercompoundingthebsueisthedmvm|ooer'sconUnuedtsi|uretoupho|dob|igatk»ns|aidoutinArtime V1, Section 2 of the Covenants, which clearly state that "Common Areas ... shall at all times be maintained in good repair and condition ... by the Developer, and upon conveyance, the Association." The Developer has not conveyed the land to the POA as of this date. Yet numerous Common Areas in Tarin Woods I I remain incomplete, neglected, and insome cases, hazardous. These include: ^ = An unfinished and deteriorating walking path posing safety risks ($20,000+ estimated to repair) * A large, unsodded field overgrown with weeds, which the POA is forced to maintain * Dead trees removed at9OAexpense toprotect adjacent homes ° An amenity area—pickleball court, basketball court, and a mail station —that has never been pmmpmrU* maintained ° Large berms and weedy open spaces left indisrepair • A concrete slab installed by the POA (at its own cost) to avoid halted mail service due to soggy, impassable terrain —despite and offer bvthe POAtosplit the cost with the developer, who refused to contribute These failures already place undue financial and logisticalstrain onthe POAand its homeowners. Now, the developer isasking for approval to dramatically increase the size of the community by 444mdditional housing units —with no assurances that similar neglect will not be repeated. Let usalso beclear: The Covenants written by the developer dmnot include provisions for apartment complexes within Tarin Woods. Introducing multi -family apartment units into a single-family community with shared POA obligations —without consultation or collaboration with the Board —is not only a dramatic shift from the original community structure, but it raises serious concerns about fairness, resource allocation, and community character. VVerecognize that the remaining undeveloped land will eventually bebuilt upon. However, approving this application as —at this scale and without addressing the developer's past failures —is deeply irresponsible. The existing community should not be penalized or destabilized for the developer's expansion ambitions. We invite members of the Planning Commission amddhe Board of Commissioners topersonally tour Tarin Woods 11 to witness the current state of developer -owned infrastructure and common areas. We fear the same neglect will befall any new development unless strong oversight and accountability are required up front. VVeurge you todeny this Special Use Permit |nits current form. Atminimum, no approval should be granted until: w The existing infrastructure isrepaired toacceptable standards ° Outstanding Common Area projects are completed • A full review of how apartments would affect the community, Covenants, and POA financial structure imconducted—with PQAinvolvement Thank you for your time, your thoughtful consideration of our concerns, and your commitment to ensuring the long-term sustainability and livability of communities like Tarin Woods. Sincerely, Board mfDirectors IN ' Immiloolowlm van WIMM mwrwmmwvwnwwn "Wftwl%W 0 laws a 0 waft IN %WE In RNWIN 0 ow Ill Share this petition Verified signatures v flimi Let's get to 1000 signatures! Madi5im Ma—kg-ijs:.-Ro--bZap le -1,-4 t�gu 9 1_M_MgyLtipn The Issue We are residents of"Tarin Woods, Battle Park, Covington, Congleton Farms, and neighboring communities in Wilmington, NC. Many orf us chose these single-family home communities for the peace, safety, and quality of life they offer We. value the safe spaces our children enjoy, the amenities designed for imodest neighborl nood sizes, and the natural beauty of the trees and wetlands that define our, environment. Now, we once in face a serious threat to that tranquility, A Special Use Permit (SUIP) application has been flied by the same developer who previously sought increased density — and was denied rezorflng and withdrew his previous Special Use Permit. This tir-ne, they are requesting approval for nearly three times as many units on a larger tract of land, proposing dense multi-farnily housing (apartments and townhornes) in the heart of established low -density, slug lei -gamily neighborhoods. (Find the application tore n fiere. httlQ5111aserfid1j, 11&1nk/Br( 111! R , . ... ... .... .......... ... . This proposal is not transitional or compatible with our community character, despite clairns to the contrary, It introduces significant incompatibilities without adequate buffers or adjacent higher -density developrrient to justify it. It threatens to fundamentally change the natUre. of our, neighborhoods. Our concerns are nuinerous and serious: Utell',ALY., IYUVV Mey . eeK LU W>e M�AILIIW ube rtmUL PTULe"Nb LU LJYPdbb t2'AdUW>I[IItfU ZUI[HIHY !.Adlfday du , requesting even greater density than before-. We deserve better. Our communities deserve thoughtful development that respects true environment, the infrastructure, and the families who already live here. We urge tt-ie New I lanover Couni y Planning Board and Board of Commissioner's to stand with us —your consbtuents—and deny this Special Use Permit. Approving it would set a dangerous precedent, encouraging developers to misuse SUPs to force through incompatible, hi-derisity projects iri low density, residential neighborlhoods. Please loin us in protecting the character, safety, and quality of life, ofour neighborhoods. Sign this petition today! (And if you have a few moments to click and submit public comment prior to the May 1 Planning Board meeting, please do! Click here—>,hj;,'!"',"jp�! ri t ficy, t-n, a,c, jIEII'I'I Samantha Bunge 04, Petition Starter Media inquiries . .......... . . The Decision Makers Ro-lb 7app-I New I lanover County Cornmission Q INo response (notified 35 days ago) . . ...... .. .. ....... . Ernall decision maker Name C4 State Postal Code Countryd On Samantha Bunge Wimington NC 28409 United States 02 - -28 Vivian Radersky Wilmington INCH 28409 United States 2025,.04-2 lisa Brown Wilmington UDC» 2 412 United States 2025®2 Richard McGowan uUrrnlrn t 2 401 United States 202 4--2 Jennifer Shpp Wilmington NC 2 412 United States 202,5-04.28 Wendy Steele llm i n t C 28409 United States 202 5° 4-28 ar nm tha 4.4arnry Wilmingtm NC 28409 United States 20254-2 Cady Zaccaria llmi n t 28409 United States 20254.-2 James Rigney WImington NCB 28409 United States 2 25 25 Fleggy Simpson Wilmington NC 28409 United States 202 „° 4-2U All Greiner Howston TIC 77042 United States 2 2,°. 4°°2 Colleen Butler Wirnington NC 28409 United States 202 .., 4°,.2 Jeanette HuntHuntz WilmingtonNC: 28412 United d States 202 _ -"2?& Robert, Giacorrielli Wilmington NC 28432 United States 2025°° 4-a2 George Taft Wilmington UDC:` 28409 United States 2025.04-2 Jess Wold 'V nlrrnirn to nrn NC 28409 United Statess 2025-0 4°-2 Julie King Wirninqton NC 28409 United States 2025-04-2 llrnda. °t"aft Wimington UDC 2-8409 t„Urnl't d States 20254-2 Sarah Gilbert Longwood FL 32750 United Stays 2025 2 Lauren Rich Charlotte NC 2,210 United States 202, 4Y-2 Candace Sutton Wilmingi(xi NC 2 412 United States 2025°°04,.2 Kimberly Smith W11mington NC 2 412 United Stales 2025°° 4-2 Torn Swanson Wilmington RUC. 2 412 United States2025a°Ck4-2 Cary Coleman WilmingtonINC 28409 United StWes 2025-04-28 Denise Lander Wirnnnrnr to n INC 28412 United States 2025° 4°2 Seth Burgess HoListon 4 77064 United States 202 4°.28 Shawn rnrn Wilmington NCB 2840.9 United States 2025 -2 EIlaine 111 y Leland SCE 2 451 tUrnit d States 202,9� ..2 Ashley Nienow WimingtonNC 28409 United States 2025-04-2 HOe n Chiv rto n W11mington INC 2 412 United States 2025 -2 h rl 5 Smith WIrrnlrntJtanrn Illic 2 412 United States 202 4-2. Victoria Ricci Wiftirujton NC 28409 United States 202-5° -2 James Steele Wilmington llic 28411 United States 2025°04-25 James Morton Concord UDC 2CO25 United States 202 —04-2U Alex Deese Wilmington NC 28409 United States 2025-04-28 John Map Charlotte NC 28269 United States 2025-04-2- Debra Schl it it r Wilmington NCB 2 412 United States 2025 2 Deanna. Grigsby Wilmington NC 28540 United State- 2025°-04-2 C;ar ll McGowan Wilmington ngt INC28409 United ,States 2025°04-25 Mindy Petersen -Boston Wimirgon INC28409 United States 2025 04-2 Emma Luczak Wilmington INC 228409 United States, 2025-2 A rni szka Nassar Wimingtorw INC 2.8409 United States 20254...2CU GAYATRI MCGINLEY Wilmington NC 28409 United States 2025-04-28 Melissa Jackson Wilmington NC 28412 United States 2025-04-28 Laurie Macky Wilmington NC 28409 United States 2025-04-28 Gina Lawlor Wilmington NC 28409 United States 2025-04-28 Deloris Coats Wilmington NC 28269 United States 2025-04-28 Katherine Tylee Wilmington NC 28412 United States 2025-04-28 Judy Swann Wilmington NC 28412 United States 2025-04-28 Megan Hall Wimington NC 28412 United States 2025-04-28 Ethan Gootee Wilmington NC 28409 United States 2025-04-28 Barbara Sutton Charlotte NC 28215 United States 2025-04-28 Carris Loomis Wilmington NC 28412 United States 2025-04-28 Adam Peeler Wilmington NC 28409 United States 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2025-04-28 Hannah Pait Wilmington NC 28429 United States 2025-04-28 Marriah Kalil Wilmington NC 28412 United States 2025-04-28 Deana Heitman Wilmington NC 24809 United States 2025-04-28 Christina king Wilmington NC 28409 United States 2025-04-28 Allison Lasky Wilmington NC 28409 United States 2025-04-28 Daniel Rochelle Wilmington NC 28409 United States 2025-04-28 Jolene Hull Wilmington NC 28405 United States 2025-04-28 Bryce Lewis Wilmington NC 28409 United States 2025-04-28 Robert Eubanks Wilmington NC 28411 United States 2025-04-28 Amy Finelli Wilmington NC 28409 United States 2025-04-28 Dominick DiPaolo Wilmington NC 28412 United States 2025-04-28 Julie Hultholm Wilmington NC 28412 United States 2025-04-28 Nikki Netzer Wilmington NC 28409 United States 2025-04-28 Kim Poetzscher Wilmington NC 28403 United States 2025-04-28 Missy Masters Wilmington NC 28412 United States 2025-04-28 Robyn Davis Wlm ington NC 28412 United States 2025-"28 Daniel Stark Wilmington NC 28409 United States 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2025-04-28 Ashley Bright Wilmington NC 28412 United States 2025-04-28 Garin Lee Wilmington NC 28409 United States 2025-04-28 Amy GROMMESH Wimington NC 28412 United States 2025-04-28 Kelly Struble Wilmington NC 28409 United States 2025-04-28 Randolph Joyce wilmington NC: 28409 United States 20254)4-28 Melissa maillard Wilmington NC 28409 United States 2025-04-28 Linda Brady Dunn NC 28334 United States 2025-04-28 John Ferguson Wilmington NC: 28409 United States 2025-04-28 Jonathan Parkinson Charlotte NC 28208 United States 20254)4-28 Tucker Polston Wilmington NC: 28412 United States 2025-04-28 Jackie Mungo, Wilmington NC 28409 United States 2025-04-28 sarah Gregory VVI LM I NGTON NC 28405 United States 2025-04-28 Faith Creech Wimington NC 28412 United States 2025-04-28 Lisa Church Wilmington NC 28409 United States 2025-04-28 Susan Pence Wilmington NC 28412 United States 2025-04-28 Rosie \Ateiskopf Wilmington NC 28409 United States 2025-04-28 Natalie Lehue Wilmington NC 2841 United States 2025-04-28 Jim bo Wright Wimington NC 28403 United States 2025-04-28 Lance Armor HI United States 2025-04-28 Michelle OBrien Charlotte NC 28409 United States 2025-04-28 Melinda Phanco Wilmington NC 28412 United States 2025-04-28 Molly Mite Wimington NC 28412 United States 2025-04-28 Misty Dunn Lithonia. GA 30038 United States 20254)4-28 Jones Smith WILMINGTON NC 28409 United States 2025-04-28 Ann -Marie Lamanna Wilmington NC 28409 United States 2025-04-28 Sue Hunley Wilmington NC: 28405 United States 2025-04-28 Angela Dabney Wilmington NC 28411 United States 2025-04-28 Janine Bonura, Gastonia NC 28054 United States 2025-04-28 Keith Blackmon Cleveland OH 44134 United States 2025-04-28 Jim Simpson Wilmington NC 28409 United States 2025-04-28 Kimberli Theophilos Wilmington NC 28409 United States 2025-04-28 Janna. Gilbert Deriver CO 80220 United States 2025-04-28 Alexis Demetrious Wilmington NC 28411 United States 2025-04-28 Martha Skountzos Wilmington NC 28412 United States 2025-04-28 Joe Hough Charlotte NC 28215 United States 2025-04-28 Samantha Callaway Wilmington NC 28409 United States 2025-04-28 Susie Burch Wilmington NC 28411 United States 2025-04-28 Lane Volesky Wilmington NC 28409 United States 20254)4-28 DIANE PRIDGEN Wilmington NC 28412 United States 2025-04-28 Wells Struble Wilmington NC 28409 United States 2025-04-28 Mindy Volesky Wilmington NC 28409 United States 2025-04-28 Kayla. Strickland Wilmington NC 28401 United States 2025-04-28 Rachel Krammes Leland NC 28451 United States 2025-04-28 Christine Layton Wilmington NC 28409 United States 20254W28 Jan Inwood Brooklyn NY 11226 United States 2025-04-28 Teresa Flury Leland NC 28451 United States 2025-04-28 Donna McNaughton Wilmington NC 28412 United States 2025-04-28 Molly Glenn Charlotte NC 28409 United States 2025-04-28 Joel Akins The Bronx NY 10453 United States 2025-04-28 Theresa and Tim Smith Wilmington NC 28409 United States 2025-04-28 Morgan Mills Wilmington NC 28412 United States 2025-04-28 Elizabeth Kehn Wilmington NC 28401. United States 2025-04-28 Melissa Barber Concord NC 28025 United States 2025-04-28 Henry Salwierz Houston TX 77008 United States 2025-04-28 Katie Walker Wilmington NC 28409 United States 2025-04-28 Brittany Koontz Wilmington NC 28409 United States 2025-04-28 Phillip Davis Houston TX 77008 United States 2025-04-28 KristaI Brinsley Wilmington NC 28409 United States 2025-04-28 Brenda Mohn Wimington NC 28409 United States 2025-04-28 Kim Papanicolaou Wilmington NC 28409 United States 2025-04-28 Maddie Madden Hampstead NC 28443 United States 2025-04-28 Diane Smith Wilmington NC 28412 United States 2025-04-28 THERESA DOWD Wilmington NC 28409 United States 2025-04-28 Rylee Paris WImington NC 28409 United States 2025-04-28 Barbara Pelling Charlotte NC 28210 United States 2025-04-28 Susana. Mufloz Madrid 28019 Spain 2025-04-28 Cynthia Orlovsky Wilmington NC 28409 United States 2025-04-28 Donna Bailey Wilmington NC 28409 United States 2025-04-28 Marie Saltarelli Bensalem PA 19020 United States 2025-04-28 Maureen Sonday Wilmington NC 28412 United States 2025-04-28 Sandra Nyers Wilmington NC 28412 United States 2025-04-28 Pat Mooney Allentown PA 18104 United States 2025-04-28 Phyllis Martino Wilmington NC 28412 United States 2025-"28 Cathy Huntley Concord NC 28027 United States 2025-04-28 Ashley Lanier -Tucker Mount Holly NC 28120 United States 2025-04-28 Susan C Wilmington NC 28412 United States 2025-04-28 John Orlovsky Johnstown PA 15905 United States 2025-04-28 Wayne Decastro Magnolia NJ 8049 United States 2025-04-28 Kristen Gilligan Littleton CO 80123 United States 2025-04-28 Ronnie \/Veppler Wilmington NC 28409 United States 2025-04-28 Janie Kennedy Wilmington NC 28409 United States 2025-04-28 Cynthia Scholl Honolulu HI 96818 United States 2025-04-28 Ken Scholl Honolulu HI 96818 United States 2025-04-28 Phillip Reaves Durham NC 27703 United States 2025-04-28 Jenny Corbin Wilmington PA 28409 United States 2025-04-28 Christina Provini Wilmington NC 28412 United States 2025-04-28 Barbara Garrow Wilmington NC 28409 United States 2025-04-28 Angela Strickland Wit NC 28409 United States 2025-04-28 Patrick Garrow Wilmington NC 28412 United States 2025-04-28 Kelly Abramson Wilmington NC 28405 United States 2025-04-28 Shane Davis Wilmington NC 28409 United States 2025-04-28 Daniel Anderson Wilmington NC 28409 United States 2025-04-28 Amber Anderson Wilmington NC 28411 United States 2025-04-28 Angie Tew Wilmington NC 28412 United States 2025-04-28 Kate Medero Houston TX 77008 United States 2025-04-28 Heather Jernigan Wilmington NC 28412 United States 2025-04-28 Ellen Verrusio Wilmington NC 29016 United States 2025-04-28 Matt Winkler WILMINGTON NC 28409 United States 2025-04-28 David Postma Wilmington NC 28409 United States 2025-04-28 Adam Brinsley Wilmington NC 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NC 28409 United States 2025-04-28 Matthew Mowbray Wilmington NC 28409 United States 2025-04-29 Paige Suroviak Memphis TN 38117 United States 2025-04-29 Kaylin Story Horn Lake MS 38637 United States 2025-04-29 Renee Kennedy Byhalia MS 38611 United States 2025-04-29 Vanessa Guyton Wilmington NC 28412 United States 2025-04-29 Jane McCall Tampa FL 33619 United States 2025-04-29 Marcie Gifford Sidney NY 13838 United States 2025-04-29 Lori Barnes Wilmington NC 28412 United States 2025-04-29 Eric Carden Wilmington NC 28412 United States 2025-04-29 Jessica Home -Manning Wilmington NC 28409 United States 2025-04-29 Terrance Manning Wilmington NC 28409 United States 2025-04-29 Jim Kennedy Byhalia MS 38611 United States 2025-04-29 Thomas Clabby Wilmington NC 28409 United States 2025-04-29 Shawn Mcgrath Wilmington NC 28412 United States 2025-04-29 Cheri Clabby Wilmington NC 28412 United States 2025-04-29 Jessica Lobbestael Wilmington NC 28412 United States 2025-04-29 Jeremy Lovin Wilmington NC 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2025-04-29 Gam a Leong George Town 11060 Malaysia 2025-04-29 Marshall Butler Wimington NC 28409 United States 2025-04-29 Kate Hartzell wilmington NC 28412 United States 2025-04-29 Ross Haskett Wimington NC 28409 United States 2025-04-29 Trip Brightwell Wilmington NC 28409 United States 2025-04-29 Hannah Hales Wimington NC 28409 United States 2025-04-29 Nicole Wheelock Richmond VA 23234 United States 2025-04-29 Thomas Christensen Wimington NC 28412 United States 2025-04-29 Theodore Matthews WImington NC 28412 United States 2025-04-29 Gina Joyner WImington NC 28412 United States 2025-04-29 Ben As hba WImington NC 28409 United States 2025-04-29 Eilene Core Wimington NC 28409 United States 2025-04-29 Rachel Christensen Wilmington NC 28409 United States 2025-04-29 Allen Mitchell Wilmington NC 28409 United States 2025-04-29 Nancy Register Wimington NC 28409 United States 2025-04-29 Carlos Core Wimington NC 28409 United States 2025-04-29 Shannon Mitchell WImington NC 28409 United States 2025-04-29 zarah smith Wimington NC 29412 United States 2025-04-29 Heather Black Wimington NC 28451 United States 2025-04-29 Kate Morgan Wimington NC 28409 United States 2025-04-29 Debi Dingee WImington NC 28411 United States 2025-04-29 Leigh Comis Wilmington NC 28409 United States 2025-04-29 Robert Foy Fayetteville NC 28314 United States 2025-04-29 Tim Kutta WImington NC 28412 United States 2025-04-29 Janyne Hornung Wilmington NC 28412 United States 2025-04-29 chass hood WImington NC 28403 United States 2025-04-29 Michael Dingee Atlanta GA 30317 United States 2025-04-29 Dell Connor Charlotte NC 28270 United States 2025-04-29 Donny Gaetano Wilmington NC 28412 United States 2025-04-29 Kristin Buchhagen Wilmington NC 28409 United States 2025-04-29 Brent Buchhagen Charlotte NC 28208 United States 2025-04-29 Susan DeBono Wilmington NC 28412 United States 2025-04-29 Jean Ritter Wilmington NC 28409 United States 2025-04-29 Haley Penzero Wilmington NC 28409 United States 2025-04-29 Mark Bracken Wimington NC 28409 United States 2025-04-29 Sarah Woodward Wilmington NC 28412 United States 2025-04-29 Kyle Lewis Wilmington NC 28412 United States 2025-04-29 Melissa Dalinis Wilmington NC 28401 United States 2025404-29 Lisa Lavoie Wilmington NC 28412 United States 2025-04-29 M Dingier Wilmington NC 28412 United States 2025-04-29 Nick Lay Wilmington NC 28411 United States 2025-04-29 Donald Joseph Wilmington NC 28405 United States 2025-04-29 Jessica Arthur Wilmington NC 28409 United States 2025-04-29 Beth Spruill Wilmington NC 28409 United States 2025-04-29 Chelsea Thornhill Wilmington NC 28411 United States 2025-04-29 jeffrey holmes Wilmington NC 28412 United States 2025-04-29 Anne Ferigo Wilmington NC 28409 United States 2025-04-29 Ashlee Uebele Wilmington NC 28409 United States 2025-04-29 Julie Gabbard Wilmington NC 28412 United States 2025-04-29 Judy Fisch Largo FL 33770 United States 2025-04-29 Nancy Buckingham Hereford AZ 85615 United States 2025-04-29 Linette Lee Wilmington NC 28409 United States 2025-04-29 Heather DiMaggio Wimington NC 28412 United States 2025-04-29 Cyndi Klein Charlotte NC 28209 United States 2025-04-29 Joe Stansel Wilmington NC 29401 United States 2025-04-29 Annette Carothers Charlotte NC 28269 United States 2025-04-29 Keith Krowl Wilmington NC 28412 United States 2025-04-29 Cynthia Miller Salisbury NC 28147 United States 2025-04-29 Eduardo Leardo Wilmington NC 28409 United States 2025-04-29 Ron Carothers Charlotte NC 28269 United States 2025-04-29 Kenneth Hanson Wilmington NC 28409 United States 2025-04-29 Ryan McConekey Wilmington NC 28409 United States 2025-04-29 Emily Foland Wilmington NC 28409 United States 2025-04-30 Whitney Daughtry Wimington NC 28411 United States 2025-04-30 Melissa Harman Wilmington NC 28412 United States 2025-04-30 Alexa Trebil Wilmington NC 28403 United States 2025-04-30 Thomas Clune Wilmington NC 28401 United States 2025-04-30 Logan Callaway Wilmington NC 28412 United States 2025-04-30 Liam Morrow Charlotte NC 28212 United States 2025-04-30 Sara Brooks -Harvey Wilmington NC 28405 United States 2025-04-30 Mitzi Vvbelchel Wilmington NC 28412 United States 2025-04-30 jodi butler Wilmington NC 28412 United States 2025-0430 Gayle Nicholson Atlanta GA 30340 United States 2025-04-30 Mike Gold Wilmington NC 28409 United States 2025-04-30 Stephanie Angst Wilmington NC 28409 United States 2025-04-30 Deenanne Myers Wilmington NC 28409 United States 2025-04-30 Lauren DeFrancesco Wilmington NC 28412 United States 2025-04-30 James Lane Wilmington NC 28409 United States 2025-04-30 Derek Long Wilmington NC 28412 United States 2025-04-30 Norelvy Poole Wilmington NC 28412 United States 2025-04-30 Samantha Gardner Wilmington NC 28412 United States 2025-04-30 Tara Webb -Russ Wilmington NC 28409 United States 2025-04-30 Sherry Ferdinand Wilmington NC 28412 United States 2025-04-30 Lindsi McCrone Carolina Beach NC 28428 United States 2025-04-30 Jacob Hunt Wilmington NC 28409 United States 2025-04-30 Audrey Kuznetsov Wilmington NC 28409 United States 2025-04-30 Michael keck Wilmington NC 28412 United States 2025-04-30 mary ellen sadowski Wilmington NC 28411 United States 2025-04-30 Rosa Cabrerizo :)spitalet de Llobregat 8905 Spain 2025-04-30 Susan Hogan Jersey City NJ 7395 United States 2025-04-30 'onsuelo Serena Velascaambino Fr Cerone 10019 Italy 2025-04-30 Venus Schrader Wilmington NC 28409 United States 2025-04-30 Kristin Graham Fayetteville NC 28311 United States 2025-04-30 Brittany Kerrigan Wilmington NC 28409 United States 2025-04-30 Frances Herron Wilmington NC 28405 United States 2025-04-30 Sara Arbogast Washington DC 29011 United States 2025-04-30 Kenny Smarsch Wilmington NC 28412 United States 2025-04-30 Benjamin Wold Wilmington NC 28409 United States 2025-04-30 Jacki Andrews Wilmington NC 28409 United States 2025-04-30 Marlisa. P Wilmington NC 28409 United States 2025-04-30 Audrey Hutcherson Wilmington NC 28409 United States 2025-04-30 Wayne Sutton Wilmington NC 28412 United States 2025-04-30 Lisa Hester Greensboro NC 28337 United States 2025-04-30 Nelly PRESTAT Mouroux 771M France 2025-04-30 Jim McGuirk Wilmington NC 28409 United States 2025-04-30 Robin Johnston Aurora CO, 80013 United States 2025-0430 Elaine Mello Wilmington NC 28403 United States 2025-04-30 Mark Foland Wilmington NC 28412 United States 2025-04-30 Kelli Strickland Wilmington NC 28411 United States 2025-04-30 Tanya Deuster Wilmington NC 28409 United States 2025-04-30 Thomas Montgomery Wilmington NC 28409 United States 2025-04-30 Preston Graham Wilmington NC 28409 United States 2025-04,30 Sally Galyean Wilmington NC 28409 United States 2025-04-30 Matt Hall Wilmington NC 28409 United States 2025-04-30 evelyn meares; Wimington NC 28412 United States 2025-04-30 Marga. Gili Palma 7003 Spain 2025-04-30 Benny Rowe Wimington NC 28409 United States 2025-04-30 Haley Elder Wilmington NC 28412 United States 2025-04-30 Timothy Smith Wilmington NC 28409 United States 2025-04-30 Paul Sommers Wilmington NC 28412 United States 2025-04-30 Jason Clinard Roth United States 2025-04-30 Brooke Kandare Wimington NC 28403 United States 2025-04-30 Tristan Kandare Houston TX 77040 United States 2025-04-30 NajaJeek Hunt Charlotte NC 28206 United States 2025-04�30 Glenn Kandare Charlotte NC 28202 United States 2025-04-30 Judy Tomlinson Exton PA 19341 United States 2025-04-30 Dennis Hobbs Wimington NC 28409 United States 2025-04-30 Rose Kent Wimington NC 28412 United States 2025-04-30 Katalin Konya Jakus Szatymaz Hungary 2025-04-30 Colleen Hanson Wilmington NC 28409 United States 2025-04-30 Wiliam Rittenhouse Wimington NC 28409 United States 2025-04-30 David Lewis Wilmington NC 28412 United States 2025-04-30 Tiythena. Lewis Wilmington NC 28409 United States 2025-04-30 Paige Mixon Wimington NC 28412 United States 2025-04-30 Lucas Kemmer WImington DE 19808 United States 2025-04-30 Tacey Bomeman Wilmington NC 28403 United States 2025-04-30 Brenda Van Gorder Wimington NC 28412 United States 2025-04-30 Jennifer Broadbent Wilmington NC 28412 United States 2025-04-30 Mark Boston Wimington NC 28409 United States 2025-04-30 Kathleen Blanton Wilmington NC 28412 United States 2025-04-30 Kathleen Craig Wilmington NC 28412 United States 2025-04-30 Amy Akin Wimington NC 28403 United States 2025-04-30 Susan T Mulligan Wilmington NC 28409 United States 2025-04-30 Shannon Blackmon WImington NC 28412 United States 2025-05-01 Gretchen Newcomer Wilmington NC 28412 United States 2025-05-01 Gavin Phifer Wimington NC 28412 United States 2025-05-01 Eileen Saffo Wimington NC 28412 United States 2025-05-01 Malinda. Hall Wimington NC 28409 United States 2025-05-01 McArdle Nancy Wilmington NC 28412 United States 2025-05-01 Jamie Gaston Wimington NC 28409 United States 2025-05-01 Andrew Blackmon Reidsville NC 27320 United States 2025-05-01 Brentt Harvey Wimington NC 28412 United States 2025-05-01 Michael Green Wilmington NC 28411 United States 2025-05-01 Dawn Decollewaert Wimington NC 28409 United States 2025-05-01 Chris Birkmeyer Wilmington NC 28412 United States 2025-05-01 Tristan Stewart Wilmington NC 28409 United States 2025-05-01 Michele Dail Snow Hill NC 28580 United States 2025-05-01 Colleen Wallace Wilmington NC 28409 United States 2025-05-01 Katherine Hager Wilmington NC 28411 United States 2025-05-01 Julie Hurley Estes Park CO 80517 United States 2025-05-01 Bryan DeBose Wilmington NC 28412 United States 2025-05-01 .ndon Butler Brandon Bu Wilmington NC 28412 United States 2025-05-01 James Creech Wilmington NC 28412 United States 2025-05-01 Glenda k Sinclair Wilmington NC 28412 United States 2025-05-01 Sharon Wright Leland NC 28451 United States 2025-05-01 Penny Cracker Wilmington NC 28409 United States 2025-05-01 imelda. Ledesma Castle hayne NC 28429 United States 2025-05-01 Lucy Pasqualetti Wilmington NC 284-U United States 2025-05-01 Cory Angst Wilmington NC 28412 United States 2025-05-01 Drew DiMaggio Wilmington NC 28409 United States 2025-05-01 Taylor Strickland Wilmington NC 28409 United States 2025-05-01 Nick Kentrolis Wilmington NC 28412 United States 2025-05-01 Jennifer Coleman Wilmington NC 28412 United States 2025-05-01 Christian Wolfe Wilmington NC 28409 United States 2025-05-01 Jon Johnson Wilmington NC 28412 United States 2025-05-01 Devan Wolfe Wilmington NC 28405 United States 2025-05-01 Kayla Matthews Wilmington NC 27310 United States 2025-05-01 Kate Walker Wilmington NC 28409 United States 2025-05-01 Susan Jarocki Wilmington NC 28409 United States 2025-05-01 Eric LeRay Wilmington NC 28412 United States 2025-05-01 Gene Costa Wilmington NC 28409 United States 2025-05-01 Christi Yontz Wilmington NC 28412 United States 2025-05-01 Jonathan Seale Wilmington NC 28409 United States 2025-05-01 Celeste Skoff Wilmington NC 28409 United States 2025-05-01 Kristin Randhare Wilmington NC 28409 United States 2025-05-01 Yvonne Cheroke Wilmington NC 28412 United States 2025-05-01 Robert Rimsky Charlotte NC 28207 United States 2025-05-01 Eleanor Miller Wilmington NC 28409 United States 2025-05-01 Angela Sfara Troy NY 12180 United States 2025-05-01 Arielle Turner Whitesboro NY 13492 United States 2025-05-01 Alyssa Sfara Albany NY 12203 United States 2025-05-01 Marla Zebraski New York NY 10001 United States 2025-05-01 Jordan Racca Graham NC 27253 United States 2025-05-01 Marie Zaccaro Wilmington NC 28412 United States 2025-05-01 Danielle LeRay Wilmington NC 28412 United States 2025-05-01 Kevin Harp Wilmington NC 28409 United States 2025-05-01 Ali Smith Wilmington NC 28409 United States 2025-05-01 Deb Hooton Wilmington NC 28412 United States 2025-05-01 Luke Donat Pinehurst NC 28374 United States 2025-05-01 Pat Nezolosky Wilmington NC 28409 United States 2025-05-01 Caitlin Gullo Wimington NC 28412 United States 2025-05-01 Laura Shreve Wilmington NC 28409 United States 2025-05-01 Michael Reynolds Wilmington NC: 28409 United States 2025-05-01 Tift Tounsley Wilmington NC 28412 United States 2025-05-01 David Blakeley Wilmington NC 28409 United States 2025-05-01 Pat Hall Wimington NC 28412 United States 2025-05-01 Amber Ash Wilmington NC 28409 United States 2025-05-01 Wiliam Shoemaker Wilmington NC 28409 United States 2025-05-01 Magali Khalkho Wimington NC: 22409 United States 2025-05-01 Stephanie Webster Wimington NC 28412 United States 2025-05-01 Valerie Mustarnaa Wimington NC 27412 United States 2025-05-01 yvette Summey Wilmington NC 28314 United States 2025-05-01 Lisa Watson Wilmington NC 28409 United States 2025-05-01 McKenzi Edwards Wimington NC 28269 United States 2025-05-01 Alyson Edwards Wimington NC 28412 United States 2025-05-01 Anna Whitener Carolina Beach NC 28428 United States 2025-05-01 Margaret Bloom Wimington NC 28412 United States 2025-05-01 Janet Byrd Wimington NC 28412 United States 2025-05-01 Libby Hinson Castle Hayne NC: 28409 United States 2025-05-01 Jason Byrd Wilmington NC 28409 United States 2025-05-01 Derek Harman Wimington NC 28409 United States 2025-05-01 Lee Hartsell Charlotte NC: 28270 United States 2025-05-01 Kathleen Marchegiani Harrisburg PA 17104 United States 2025-05-01 Amy Creech Wilmington NC 28409 United States 2025-05-01 Hanneke Mol Poortvliet NE 4693EG United States 2025-05-01 Barry Goldberg Atlanta GA 30340 United States 2025-05-01 Kelly Coyle Wilmington NC 28412 United States 2025-05-01 Rachel Gross-Zouzias Wilmington NC 28409 United States 2025-05-01 Erica. Davis Troy NY 12180 United States 2025-05-01 Ryan Ash Wimington NC 28409 United States 2025-05-01 Tom Wallace Buxton NC 27920 United States 2025-05-01 Sandra Wallace Buxton NC 27920 United States 2025-05-01 Robert Gnolfo Wimington NC 28409 United States 2025-05-01 Tiffany Seale Wilmington NC 28409 United States 2025-05-01 Becky Gresham Wilmington NC 28412 United States 2025-05-01 Geraldine LoSchiavo Tobyhanna, PA 18466 United States 2025-05-01 Elizabeth Smalley Wilmington NC 28405 United States 2025-05-02 Teresa Taylor Houston TX 77057 United States 2025-05-02 Yvonne Kingsley Wilmington NC 28409 United States 2025-05-02 Musya Tumanyan Wimington NC 28409 United States 2025-05-02 NADINE GORGES TULLINS SC 38210 United States 2025-05-02 Brenda Chandler Wimington NC 28412 United States 2025-05-02 Cori Keene Wimington NC 28409 United States 2025-05-02 Grace Guy Wilmington NC 28412 United States 2025-05-02 David Anderson Leland NC 28451 United States 2025-05-02 Christina Latteier Wimington NC 28409 United States 2025-05-02 Gina Drost Wilmington NC 28409 United States 2025-05-02 Keith Smalley Wilmington NC 28403 United States 2025-05-02 Dylan Hayward Wilmington NC 28412 United States 2025-05-02 Maria Capra Wilmington NC 28412 United States 2025-05-02 Kenny Waller Wilmington NC 28409 United States 2025-05-03 William Kandare Wilmington NC 28409 United States 2025-05-03 Deborah Cotton Wilmington NC 28409 United States 2025-05-03 Jonathan Mailey Wilmington NC 28412 United States 2025-05-03 Rebecca Dixon Jacksonville NC 28546 United States 2025-05-03 Laurie Littlejohn Wilmington NC 28412 United States 2025-05-03 Michael Hayward Wilmington NC 28412 United States 2025-05-03 Samuel Lydon Hickory NC 28602 United States 2025-05-04 Amy Wolfe Wilmington NC 28409 United States 2025-05-04 Glenn McArdle Wilmington NC 28412 United States 2025-05-04 Bethany MacGillivray Wilmington NC 28409 United States 2025-05-04 Donna Mark Wilmington NC 28412 United States 2025-05-04 James Cribb Wilmington NC 28409 United States 2025-05-04 John Herrmann Wilmington NC 28412 United States 2025-05-04 Amber Lydon Carolina Beach NC 28428 United States 2025-05-04 Sherry Carlisle Wilmington NC 28409 United States 2025-05-04 Mary McGowan Wilmington NC 28409 United States 2025-05-04 Paul Schmick New York NY 10118 United States 2025-05-04 Brittney Webber Wilmington NC 28412 United States 2025-05-05 Shawn Hardesty Carolina beach NC 28428 United States 2025-05-05 Greg BerwaJd Wilmington NC 28412 United States 2025-05-05 Linda Sharkey Carolina Beach NC 28428 United States 2025-05-05 Paige Maurer Wilmington NC 28409 United States 2025-05-05 Lydia Percell Wilmington NC 28412 United States 2025-05-05 Marlene Devito Wilmington NC 28412 United States 2025-05-05 David Schiffer Wilmington NC 28412 United States 2025-05-06 Barbara Bakowycz Wilmington NC 28409 United States 2025-05-06 Kim Percell Wilmington NC 28409 United States 2025-05-06 Nicole Powell United States 2025-05-06 Thomas Flowers Wilmington NC 28409 United States 2025-05-06 Jennifer Sacewicz Wilmington NC 28412 United States 2025-05-06 Carl and Jackie Everett Wilmington NC 28412 United States 2025-05-06 Juliana Perez Katy TX 77493 United States 2025-05-07 Molly McRogers Wilmington NC 28412 United States 2025-05-07 Heather Lomax Houston TX 77046 United States 2025-05-07 Helen Chiverton Wilmington NC 28409 United States 2025-05-07 Teresa Helms Wimington NC 28412 United States 2025-05-07 Michelle Gautier WImington NC 28412 United States 2025-05-07 Tom Wehl Wimington NC 28412 United States 2025-05-07 Katelyn Lunsford WImington NC 28409 United States 2025-05-08 Tracy Dumas Wimington NC 28412 United States 2025-05-08 Amanda Griggs WImington NC 28412 United States 2025-05-08 Karen Cassidy Wimington NC 28412 United States 2025-05-08 Cody Clark Charlotte NC 28262 United States 2025-05-08 Brooke Harrell Hubert NC 28411 United States 2025-05-08 Sean Kenyon Wilmington NC 28401 United States 2025-05-08 Andrew J. Luczak Wimington NC: 28412 United States 2025-05-08 Lisa Benincasa Wimington NC 28409 United States 2025-05-09 Susan Hartman Wimington NC 28409 United States 2025-05-09 Robert Peterson WImington NC 28412 United States 2025-05-09 Karen Nix Wimington NC 28409 United States 2025-05-09 Phyllis Borowski Wimington NC 28412 United States 2025-05-09 Lindsey Hebert Wimington NC 28412 United States 2025-05-10 Phyllis Zintsmaster Wimington NC 28405 United States 2025-05-10 Casey Sheck WImington NC 28412 United States 2025-05-10 Dianne Duvall Washington DC 20002 United States 2025-05-10 Keith Decollewaert Wimington NC 28412 United States 2025-05-10 ronald gerfelder WImington NC 28412 United States 2025-05-10 Jocelyn Medley Wimington NC 28409 United States 2025-05-10 Ted Glackin Charlotte NC 28202 United States 2025-05-10 Sharon Swartzlander WImington NC 28401 United States 2025-05-10 Laura Baxter Wimington NC: 28409 United States 2025-05-10 Nancy Timms Charlotte NC 28213 United States 2025-05-10 Amber P WImington NC 28405 United States 2025-05-10 Diane Winstead Wimington NC 28409 United States 2025-05-10 Mary Lou Mintz Wimington NC 28403 United States 2025-05-10 Jessica Troutman Wimington NC 28412 United States 2025-05-11 Steve Zaccaro Wimington NC 28409 United States 2025-05-11 Alexandra Snow Wimington NC 28411 United States 2025-05-11 David Webb Wimington NC 28409 United States 2025-05-11 John Hill Wimington NC 28412 United States 2025-05-11 Laurie Finnegan Wimington NC 28412 United States 2025-05-12 Mathias Butaciu Monroe WA 98272 United States 2025-05-13 Tiffany Bradley Wimington NC 28409-6501 United States 2025-05-13 Raciel Santiago Houston TX 77026 United States 2025-05-14 Ashlee Williams Wmington NC: 28409 United States 2025-05-14 Marsha Schlesinger Wimington NC 28401 United States 2025-05-14 Hannah Sneen Minneapolis MN 55412 United States 2025-05-16 Maryann DAndrea Wimington NC 28409 United States 2025-05-17 gaye murphy Wilmington NC 28409 United States 2025-05-17 Carol Stevens Wilmington NC 28409 United States 2025-05-17 Melissa Meehan Wilmington NC 28412 United States 2025-05-17 Seth Burgess Washington DC 20017 United States 2025-05-17 Sara Klein Wilmington NC 28411 United States 2025-05-19 Susan Dingier Carolina Beach NC 28428 United States 2025-05-19 Lisa Marin Wilmington NC 28409 United States 2025-05-19 James Cantwell Durham NC 27704 United States 2025-05-19 Meghan Froiseth Washington DC 20017 United States 2025-05-19 Autumn Hughes Wilmington NC 28409 United States 2025-05-19 Jane Costa Greensboro NC 27403 United States 2025-05-19 Sally Shoemaker Wilmington NC 28412 United States 2025-05-20 Jason Hendrix Wilmington NC 28409 United States 2025-05-20 Jenifer Hendrix Wilmington NC 28409 United States 2025-05-20 Sarah Barron Wilmington NC 28409 United States 2025-05-20 Jodi Hendrickson Wilmington NC 28412 United States 2025-05-20 Ted Meehan Wilmington NC: 28409 United States 2025-05-22 Andrew Hoefle Wilmington NC 28409 United States 2025-05-22 Sir Syell Pullen Newark NJ 7112 United States 2025-05-23 atrick Segui Patrick Seg Wilmington NC 28412 United States 2025-05-24 Rebecca White Wilmington NC 28409 United States 2025-05-24 Loretta Efstathiou Fayetteville NC 28306 United States 2025-05-24 Paul White Wilmington NC 28409 United States 2025-05-24 Sarah Nicely-Dilauri Wilmington NC 28412 United States 2025-05-24 Valerie Huntley Wimington NC 28412 United States 2025-05-24 Jeanette Nieves Wilmington NC 28409 United States 2025-05-24 Christopher Erickson Wilmington NC 28409 United States 2025-05-24 Makila. Phipps Wilmington NC 28409 United States 2025-05-24 Kirk Altman Wilmington NC 28412 United States 2025-05-25 Courtney Webster Wilmington NC 28412 United States 2025-05-25 Rhonda Stilley Wilmington, NC 28409 United States 2025-05-25 Tim Green Wilmington NC 28409 United States 2025-05-25 Joseph Smith Wilmington NC 28409 United States 2025-05-25 Patricia Green Wilmington NC 28409 United States 2025-05-25 Jessica Topper Wilmington NC 28409 United States 2025-05-25 Christina Calabrese Wilmington NC 28409 United States 2025-05-26 Kristie Joosten Wilmington NC 28409 United States 2025-05-26 Morgan Stevens Wilmington NC 28412 United States 2025-05-26 Melissa Harpin Wilmington NC 28412 United States 2025-05-26 Leslie Garris Wilmington NC 28409 United States 2025-05-26 Cindi Utter Indian Trail NC 28079 United States 2025-05-26 Erica Mitchell La. Grange NC 2&%1 United States 2025-05-26 Nicholas Froiseth Wilmington NC 28409 United States 2025-05-26 Johanna Kjesbu Wilmington NC 28409 United States 2025-05-26 Kamlesh Patel Charlotte NC 28213 United States 2025-05-26 Amy Brown Wimington NC 28412 United States 2025-05-26 Ken Garris Wilmington NC 28409 United States 2025-05-26 Doranne Eulo Wilmington NC 28412 United States 2025-05-26 Hugh McCain Wilmington NC 28409 United States 2025-05-26 DeAnna Helton Wilmington NC 28409 United States 2025-05-26 Stacy Dow Wilmington NC 28509 United States 2025-05-26 Stephen Shull Wilmington NC 28412 United States 2025-05-27 Bethany Brackin Wilmington NC 28412 United States 2025-05-27 Chris Efstathiou Wilmington NC 28412 United States 2025-05-27 Christine zylka Wilmington NC 28409 United States 2025-05-27 Erick Latteier Wilmington NC 28409 United States 2025-05-27 Michelle Highsmith Wimington NC 29401 United States 2025-05-27 James chesher Wilmington NC 28403 United States 2025-05-27 Maggie Carter Carolina Beach NC 28428 United States 2025-05-27 Diane Ferrara Wilmington NC 28412 United States 2025-05-27 Edward Keeler Wilmington NC 28412 United States 2025-05-27 Savannah Shultz Wilmington NC 28412 United States 2025-05-27 Sean Juman-Singh Wilmington NC 28403 United States 2025-05-27 Holly Johnson Wilmington NC 28409 United States 2025-05-27 Ruth McKinney Wimington NC 28412 United States 2025-05-28 Chelsea Haskett Wilmington NC 28412 United States 2025-05-28 Michelle Bliese Wilmington NC 28409 United States 2025-05-28 Christopher Laura Huntersville NC 28078 United States 2025-05-28 Kristy Reynolds Wilmington NC 28403 United States 2025-05-28 Lauren Morton Orlando FL 32837 United States 2025-05-28 James Hightower Wilmington NC 28409 United States 2025-05-28 Daniel Reese Charlotte NC 28213 United States 2025-05-28 Kyle Martin Wilmington NC 29412 United States 2025-05-28 Blair Taylor Wilmington NC 28403 United States 2025-05-28 Bryan Williams Thornton CO 80241 United States 2025-05-28 Tyler Hadidon Wilmington NC 28409 United States 2025-05-29 Ray West Wilmington NC 28412 United States 2025-05-29 Andie Castano Wilmington NC 28409 United States 2025-05-29 Ashlee Dees Wilmington NC 28409 United States 2025-05-29 Dave Gerin Wilmington NC 28409 United States 2025-05-29 Caroline Rittenhouse Wilmington NC 28409 United States 2025-05-29 Sally Galyean WlmirKjton NC 28409 United States 2025-05-29 Elizabeth Ash Wilmington NC 28409 United States 2025-05-29 Susan Welsh Wilmington NC 28409 United States 2025-05-29 Don Fisch Valrico FL. 33594 United States 2025-05-29 Evelyn Fisch VaJdco Ft- 33594 United States 2025-05-29 Paula McDonald Charlotte NC 28202 United States 2025-05-29 John Erwin Henderson NV 89077 United States 2025-05-29 Michael McDonald Charlotte NC 28208 United States 2025-05-29 Tommy Armstrong Wilmington NC 28412 United States 2025-05-29 MAUREEN INSALACO Woodbury CT 6798 United States 2025-05-30 Michelle O'Keefe New York NY 10118 United States 2025-05-30 Natalie Turpan Caldwell NJ 7006 United States 2025-05-30 Michelle Lawson Hamilton OH 45011 United States 2025-05-30 Audrey Perez Cibolo, TX 78108 United States 2025-05-30 Courtney Doychak Leland NC 28451 United States 2025-05-30 Frank porter Wilmington NC 2MW United States 2025-05-30 Rebecca Frederick Wilmington NC 28409 United States 2025-05-30 Tom Erwin San Antonio TX 78230 United States 2025-05-30 Fernando Silva Wilmington NC 28409 United States 2025-05-30 Allison Dunn Wilmington NC 28412 United States 2025-05-30 Eric Plummer Wilmington NC 28409 United States 2025-05-30 Karen Erwin San Antonio TX 78231 United States 2025-05-31 Natalie Daughtry Wilmington NC 28403 United States 2025-05-31 Judith Chandler Wilmington NC 28411 United States 2025-05-31 Jen Gesell Deriver CO 80252 United States 2025-05-31 Bradley Redman Las Vegas NV 89119 United States 2025-06-01 Megan Huels Wilmington NC 28409 United States 2025-06-01 Adam Scholl New London NC 28127 United States 2025-06-01 Diane Shell Wilmington NC 28412 United States 2025-06-01 Dana Shell Wilmington NC 28409 United States 2025-06-01 Steve Jones Southport NC 28461 United States 2025-06-01 Erica Hennessy Wilmington NC 28411 United States 2025-06-01 Kenneth Kaufman Wilmington NC 28409 United States 2025-06-01 Tim Coyle Wilmington NC 28412 United States 2025-06-01 Richard Wiebalk Wilmington NC 28409 United States 2025-06-01 Justine Johnson Wilmington NC 28409 United States 2025-06-02 Olivia Johnson Denver CO 80210 United States 2025-06-02 Wesley Gosselink Wilmington NC 28412 United States 2025-06-02 Hilary Pedersen Wilmington NC 28409 United States 2025-06-02 Laura Shreve Wilmington NC 28409 United States 2025-06-02 Kendra Fox Wilmington NC 28412 United States 2025-06-02 lohn and Jeanette Martii Durham NC 27703 United States 2025-06-02 Esther Murphy Wilmington NC 28411 United States 2025-06-02 Katherine Chrisman Wilmington NC 28403 United States 2025-06-02 Tim Webster Wilmington NC 28409 United States 2025-06-02 Paula 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S., 1 3 cr — A -0 0 ::r 0 CL CL �z =r 0 (D 70 CL (D MORGHAN GEM COLLINS Register of Deeds Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 s Fax 910-798-7751 FAMA 0 0 "qqm � B I I S ti 1, do hereby certffy the o be a ble and accu"ate copy of the doommeirit Ili ed an amilled fin New Hanciver +u i,1) Ileaster of I',',)eeds Office as ev�dence lin Book P14c, 5717 V°, Flage No 2845u qi�)� ghari Getty, C6HFis, Reg�st& of Deet-Js 5/28/2024 At*��t/ '�)Uty Peg�stier &Deeds 1111111111111 3008269 DECLARATION OF SFOR REGISTRATION REGISTER OF DEED' TWMY THEUSCH BEASL Y NEW HANOVER COUNTY, NC 2613 MAR 07 0315:59 M BK 07 PG 2845-2872 FEE:$74,00 COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF TARIN WOODS Recorded this _ day of March, 2013 I$TNV 1201 mm Recorded in Book _, Page _, New Hanover County Registry ds office, 11,,�is j,",; a tri-�e and a?,'naate cop,,� as filed in the !'Jem,a lanover C(�)ix',fty IiZegvsterof Dein r Y+" : :. CONDITIONS, WHEREAS, property Hanover County, North Carolina, which is more particularly described on Exhibit "A" and the 6f;uitclaim Deed attached hereto and made a part hereof by reference; and containing ST tat nom� below (hereafter referred to as the "Subdivision"); and WHEREAS, er" accomplish ru objectives for its benefit d the benefit of Owners of Lots in the Subdivisionr ; the imposition of the restrictive easementscovenants and (a) To maintain the single family residential character integrity of the Subdivision, () To preserve the qualityf the natural amenities of the Subdivision, () To minimizeor eliminate the possibility of any disruptions of the peace and tranquility of the singlefamily residential environment f the Subdivision, prevent the abuser unwarranted alteration of the natural character of the land in the Subdivision, ) To creater natural rustic r r fort real property in the Subdivision, ( prevent any property Owner or any other persons from it r carrying on y other activity in the Subdivisionto the detriment of any Owners of Lots in the Subdivision, and () To keep propertys in the Subdivision, stable in a state of reasonable appre r ti, and y , x WHEREAS, the Developer hereby declares that all of the properties described above shall be d , mortgaged, sold and r" o d subject to the following havingrestrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties any right,described properties part thereof, their heirs, successors and assigns, r shall inure to the benefit of each Owner thereof. �' � a is a true arid &.CLV'at+v"G;.4+py as Ned fVi ffihe M:,,oHp �'N,°unr+bp9e' Coun",y Fl,,egflster of Deeds Bvfflce, ARUCIE-1 Definitions Section 1. "Association" shall mean and refer to Tarin Woods Property Owners Association, inc its successors and assigns. S ctign 2. "Properties" shall mean and refer to that certain real property hereinbefore described and more particularly shown on Exhibit "A" attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or subject to this Declaration. Section 3. "Common Area" shall mean and refer to those areas of land, including the facilities to be constructed thereon, if any, shown on the Subdivision plat of the Properties. This shall include any property on the Subdivision plat referred to as open space, passive and active recreation space, as well as any easement shown on the Subdivision plat. Common Area shall also refer to any roadways shown on the Subdivision plat. Said roadways are to remain private and not be turned over to the North Carolina Department of Transportation for maintenance. Section 4. "Lots" shall mean and refer to any plot of land with such improvements as may be erected thereon intended and subdivided for detached home sites use, specifically Lots 1 through 130 shown on the Subdivision Plat, but shall not include the Common Areas as herein defined. Section 5. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to any Lot, but shall not mean or refer to any mortgagee or subsequent holder of a mortgage, unless and until such mortgagee or holder has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure Said term "Owner" shall also refer to heirs, successors and assigns of any Owner. Section 5. "Developer" shall mean and refer to Rock Hill Road Investments, and any of its heirs and assigns. Section 7. "Member" shall mean and refer to all those Owners who are members of the Association, as provided in Article II, Section 1 hereof. Section 8. "Development", "Project" and "Community" shall all mean and refer to the Subdivision to be developed and constructed by the Developer. ,ection 9. "Plans", "Specifications", "Elevations", "Exterior Designs" and such like terms shall refer to and encompass the Plans, Specifications, Elevations and Designs as well as setbacks, locations, etc., approved by the Developer. Section 10. "Community Pool" will mean and refer to those portions of the Common Area set aside for the exclusive use of Owners of Lots, including, but not limited to the swimming pool and pool house complex. Section 11. "Limited Common Area" will mean and refer to those portions of the Common Area set aside for the exclusive use of some, but not all, Owners of Lots, including, but not limited to, the Limited Common Area, any paths, parking areas and any other real or personal property designated for use by the Owners of Lots. Section 1-2. "Limited Common Expenses" will mean and refer to Common Expenses of the Association attnbutabie to Limited Common Areas for the exclusive use and benefit of 3 l�0R'o is ai'r°9,de+rh$td rkct. j m"'t 4,oj�i°)" r.l a filed in tl',e f'Jevan Hia01f1m,.4' olif'E'tyRS^g�"°tei of: Deeds fMffiC,E,'�- some but not all Owners of Lots and incurred by the Association pursuant to the terms and conditions hereof. Limited Common Expenses attributable to a limited Common Area will be payable pro-rata by the Owners with exclusive use and benefit thereof as a Specific Assessment. Section 13. "Private Roads" will mean and refer to the paved roadways within the property limits of Tarin Woods Subdivision and shown on the approved Tarin Woods Subdivision plat. Section 1. The roadways within the property limits of the Tarin Woods subdivsion are pnvate roads. All road maintenance shall run through the property owners association in perpetuity after acceptance from the Developer until such time that the roads are re - platted as publically designated roads and taken over for maintenance through the North Carolina Department of Transportation (NCDOT) or appropnate governing authority. The developers of Tann Woods subdivision located in the unincorporated area of New Hanover County and the HOA of Tarin Woods subdivision understand that the roads in said subdivision and access roads providing connectivity to Tarin Woods subdivision are designated private unless otherwise proven as under and accepted by NCDOT maintenance. The maintenance of said roads is the responsibility Tarin Woods HOA with or without additional agreements recorded showing others have maintenance responsibility. It is understood that ownership and maintenance of the roads will be the responsibility of the developer until such time that the developer designates the responsibility to the property owners` association with or without the HOA consent. Responsibilities must be accepted by the homeowners association as specified in the homeowner covenants for said subdivision. The private roads in said subdivision are to be constructed in accordance with Section 52-4 of the New Hanover County Subdivision Ordinance and all applicable County Codes which include the design, installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the State of North Carolina prior to final plat approval for all or a portion of the subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded through a surety, performance bond, or cash escrow, no bond shall be released until all road construction improvements for the portion thereof are complete and certified by the Professional Engineer. Section 2. The roadways are to be constructed in accordance with Section 52.4 of the New Hanover County Subdivision Ordinance and all applicable County Codes which include the design, installation and approval by a licensed Professional Engineer (PE) recognized by the State of North Carolina prior to final plat approval for all or a portion of the subdivision. ARTICLE III Section 1. Developer herein retains the right to annex additional property that may be after acquired into the Subdivision. This annexed property may be used for single family as well as multifamily units. No approval of the Association shall be required for such action, regardless of the time frame this may occur. 4 l ii s is a b"ue and aa:i.ii,ate cx)py as nfi ld iiri the New 11iarNmter Giunt RBgistp�, of Deeds t:iffice, Section 2. Developer herein retains the right to create a Planned Unit Development at a later date which Subdivision shall automatically become a part of. Developer may add to or rezone property in Subdivision or the aforementioned Planned Unit Development. No further action on the part of Developer or Association shall be required, and no approval of Association shall be required to do so. Section 3. Developer herein retains the right to alter the Master Plan (whether it be recorded or not) for any reason. Including, but not limited to, the expansion of Subdivision and/or the creation of the Planned Unit Development. u ♦ ' • . ♦ ♦ ♦ • • • Section 1. Membershio. Every person or entity who is an Owner of any Lot that is subjected by the Declaration to assessment by the Association shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessments. Section 2. Vgtinq Rights. The Association shall have two classes of voting membership. Mass A, Class A Members shall be all Owners except the Developer. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1 above. When more than one person holds such interest or interests in any Lot, the vote attributable to such Lot shall be exercised as such persons mutually determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. The sole Class B Member shall be the Developer. The Class B Member shall be entitled to four votes for each Lot in which it holds the interest required for membership under Section 1 of the Article. The Class B membership shall cease and become converted to Class A membership upon the occurrence of the first of either of the following two events, 1. When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership (Lots shall include any additional phases which Developer might bring under the terms of this agreement) or 2. Five years from the date of the first sale of a lot in the development by the Developer to an individual lot owner. ARTICLE IV Property Rights in the Common Arms Section 1. Members Easements of Enjoyment. Subject to the provisions of Section 3 of this Article, every Member shall have a non-exclusive right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot. 5 6°Vitm� � g a true,�iii;m�r.r.G�u rtda �.c,�° a w^s a s.;� .1 7� Mira I If°�If��ruc. ^r.�,r fl.ri4��'i)° leg °xi�n�w�,�� o Dy, eds �.���1'tr,e, Sidon 2 Tale to Common Areas. The Developer hereby covenants for itself, its successors and assigns, that on or before twelve (I2) months from the date the last lot in Tartu Woods is conveyed to an Owner, it will convey to the Association, by limited warranty deed, fee simple title to the Common Areas, subject, however, to all bens and encumbrances of record and to the following covenant, which shall be deemed to run with the land and shall be binding upon the Association, its successors and assigns. In order to preserve and enhance the property values and amenities of the community, the Common Areas and all facilities now or hereafter built or installed thereon shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards, by the Developer, and upon conveyance the Association. The maintenance and repair of the Common Areas shall include, but not be limited to, the repair of damage to pavements, roadways, walkways, outdoor lighting, buildings, if any, recreational equipment, if any, fences, storm drams and sewer and water lines, connections and appurtenances. This Section shall not be amended so as to eliminate or substantially impair the obligation for the maintenance and repair of the Common Areas. Section 3. Extent of Members Easements The rights and easements created hereby shall be subject to the following: (a) The right of the Developer, and of the Association, to dedicate, transfer or convey all or any part of the Common Areas, with or without consideration to any successor association, governmental body, district, agency or authority, or to any utility company, provided that no such dedication, transfer or conveyance shall adversely affect the use of the Common Areas by the Members of the Association; (b) The right of the Developer and of the Association, to grant and reserve easements and right-of-way through, under, over and across the Common Areas, for the installation, maintenance and inspection of Imes and appurtenances for public or private water, sewer, drainage, fuel oil and other utilities and services, including a cable (CA -TV) or community antenna television system and irrigation or lawn sprinkler systems, and the right of the Developer to grant and reserve easements and rights -of -way through, over and upon and across the Common Areas for the completion of the Development, including the sale and development of properties adjacent to the Subdivision, whether or not made subject to the provisions hereof, and for the operation and maintenance of the Common Areas as well as public walking trails; (c) The right of visitors, invitees, etc., to ingress and egress in and over those portions of the Common Areas that lie within the private roadways, parking lots and/or driveways (and over any other necessary portion of the Common Areas in the case of landlocked adjacent Owners) to the nearest public highway; (d) The right of the Association, as provided herein and in its by-laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid Provided, however, that the right of a Member to ingress and egress over the roads and/or parking areas shall not be suspended; 6 Thls is il true and acrzua,aatel copy as filed, ire thie Ne. ,6a Haan,.ivw Cics,rr�ty RA,?g1ster of Neds aafficce, (e) The right of the Association, as provided herein and in its by-laws, to suspend the enjoyment rights of any Member for any infraction of its published rules and regulations. Provided, however, that the right of a Member to ingress and egress over the roads and/or parking areas shall not be suspended; (f) The rights of the Association, in accordance with law, and its Articles of Incorporation and by-laws, to borrow money for the purpose of improving the Common Areas and in pursuance thereof to mortgage the same. Section 4 Delegation of Rights Any owner may delegate, in accordance with the by-laws of the Association, his right of enjoyment to the Common Areas and facilities to his employees, tenants, invitees or licensees. Section 5. Additional Structures. Neither the Association nor any Owner or any group of Owners shall, without the prior written approval of Developer, erect, construct or otherwise locate any structure or other improvement in the Common Areas. Section 5. Alteration of Common Areas. While Common Area remains in control of the Developer, Developer retains the right to alter common areas as necessary for any reason. Including, but not limited to, the expansion of Subdivision and/or the creation of the Planned Unit Development. ARTICLE Right of Association to Alter, IM12roy_e, Maintain and Repair The Association shall have the right to make or cause to be made such alterations, modifications, improvements, repairs, maintenance and replacements to the Common Areas and the drainage ditch area(s), and the cost thereof shall be assessed as common expenses and collected from the Lot Owners on an equal basis. ARTICLE A Covenant for Maintenance Assessments Section i Creation of the Lien and Personal Obiigatign of Assessments. The Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges for the maintenance of the Common Areas, including such reasonable reserves as the Association may deem necessary (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection, and reasonable attorney's fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with the collection thereof, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2 Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties (and their respective families, guest, tenants and invitees) and for the improvement, protection, replacement and maintenance of the Common Areas and for the 7 l ids is a true and acoxat cop)i as 4sfled in qR°lid;' lµ eeo [iar ver Cr,rti.inly Registerc��f Deeds offif.e, provisions of various forms of insurance for the Association, its property, members, directors, officers, employees, and agents. Section 3. Capital Contribution. The first property owner of a new lot shall pay a $140 Capital Contribution (or 2 months HOA dues) into the general HOA fund. This is not a payment toward monthly HOA Dues. This payment is toward the HOA budget responsibilities. Section 4 Maximum Annual Assessment Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $1,200 per Lot. (Preliminary Annual Budget based on $70/month H.O. Dues) (Assumes Developer managed H.O.A until 100 lots sold) Administrative ($10,000 / year) o Legal a Accounting o Postage / Office Supplies Utilities ($30,000 / year) o Street Lighting o Irrigation pump / controls o Storage Pond Pumps / controls o Landscape lighting o Swimming pool and pool house Maintenance ($40,000 / year) a Landscaping o Irrigation system o Common Areas o Swimming pool and pool house o Storm water o Storage and infiltration ponds / pumps a Jurisdictional ditches o Sidewalks a Insurance o Taxes Roadway Maintenance (Reserve Fund) (20% or $20,000 / year) General Fund ($10,000 / year or all excess funds) (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 8 Pits is a Prue an l zic.c:u a to c !p,� as filed in 1Inke 11,Jew K:11 iover CbuIi tt,,w F),,egisV.V ski Df,!eds afore, 9 sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the hen thereof. ARTICLE VII Architectural Control Section 1. Buildings, Fences, Walls, Etc. No building, fence, wall or other structure, and no change in topography, landscaping or any other item shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change be made until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same shall have been submitted to and approved in writing as to the harmony of the external design and location in relation to the surrounding structures and topography by the Developer. Provided, however, that upon the Developer's selling of all the Lots in the Subdivision, this right of approval shall be transferred to an architectural review board of the Association. Such architectural review board shall be comprised of not less than three (3) representatives to be appointed by the Board of Directors of the Association. Provided, however, that the Developer may transfer its rights of approval under this Declaration prior to its selling all of the Lots in the Development if it so chooses In the event the Developer or the architectural review board fails to approve or disapprove any request within thirty (30) days after complete written plans and specifications have been submitted to it, the same shall be deemed approved, and this Article shall be deemed to have been fully complied with, provided, however, that no such failure to act shall be deemed an approval of any matters specifically prohibited by any other provision of this Declaration. Refusal or approval of plans, specifications and plot plans or any of them may be based on any grounds, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Developer or the architectural review board may deem sufficient. There shall be a fee paid for the review of such plans, which shall be specified by the Developer or Board at time of submission. Any change in exterior appearance of any building, wall, fence or other structural improvements and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The transfer of control shall not be mandatory on the part of the Developer if the Developer has brought another phase under the terms of this Declaration on before the time the last Lot in the other phase or phases has been sold. Any non-compliance with this section shall result in a lien on the non -compliant parry's property for any penalties assessed by the architectural review board plus any attorney's fees incurred by the Homeowners Association. Se tion 2. Erosion on of Measures andImpermous 5UIfao nAM All lots must me graded in accordance with County and State specifications and Developer's approval to meet all applicable erosion control and impervious surface drainage standards. Developer maintains the right of re entry on all lots during construction for the purpose of determining if standards are being met. Failure to comply with standards, failure of which shall be determined by Developer, shall result in the ability of Developer to immediately halt construction, and at their sole discretion, complete the work and charge back to homeowner all costs associated with this action, as well as any fines. These fees shall also be a valid hen on the property. These fees must be paid prior to any recommencement placed with Developer insuring compliance with this section prior to commencement of construction on all lots Upon Use of Lots and SjLg�s 10 I WS iS a brie and acci,irate cop),,, as filed h the 11,1ew I-Ii ncn e r (,o untrl� Register of Deeds of''1' c i. ection 1 Conformity and Approval of Structures No structure, fence, sidewalk, wall, drive or other improvement shall be placed or altered on any Lot except in accordance with the provisions of this Declaration. 5eglion 2 Subdivision of Lot - Easements @nd Encroachments. No Lot shall be subdivided except as hereinafter provided and no budding or residence, including porches or projections of any kind, shall be erected so as to extend over or across any of the building lines as hereinafter established. SW tion 3 Increased Size of Lots. Lot or Lots may not be subdivided, however, nothing shall prevent the combination of two or more Lots for a single building site. In such cases, the Developer may alter the building or setback lines to conform. Should the Owner or Owners of any Lots which have been combined for a single budding site subsequently wish to revert to the original plan of the Subdivision, or make any other combination which would not be in violation of this restriction, may be done only if the written consent of the Developer is first had and obtained. In such instances, the adjoining Lot Owners, or other Owners in the Subdivision shall not have the right to pass on or interfere with such Lot rearrangement. Such rights shall be exclusively that of the Developer who may expressly have transferred such rights, but the purchaser of any other Lot in the Subdivision does not, by virtue of his status as a purchaser, become any such successor or assign. Section 4 All ration of Building Lines in Jhe Best Interest of Development. Where because of size, natural terrain, or any other reason in the sole opinion of the Developer, it should be to the best interest of the Development of this Subdivision that the budding lines of any Lot be altered or changed, the Developer reserves unto itself, its successors and assigns, and no other, the right to change said lines to meet such conditions. The Developer specifically reserves the right to transfer and assign this right of change of budding lines to the Architectural Control Committee hereinafter established. $fiction S Residential Use of Lots All Lots shall be used for single family residential purposes exclusively. No structures, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family residence constructed in accordance with the Plans and Specifications, provided, however, that nothing contained herein shall be construed to prevent the Developer from maintaining one or more model homes and/or sales offices in the Subdivision for the purpose of selling property in the Subdivision. Section 6 Maintenance of Lots. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly, or unkempt condition of buildings or grounds on such Lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Every Owner shall maintain the structures and grounds on each Lot at all times in a neat and attractive manner. Upon the Owner's failure to do so, the Association may, at its option after giving the Owner ten (10) days written notice sent to his last known address, or to the address of the subject premises, have the grass, weeds, shrubs and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot and replaced, and may have any portion of the Lot re -sodded or landscaped, and all expenses of the Association under this Section shall be a lien and charge against the Lot on which the work was done and the personal obligation of the then Owner of such Lot. Upon the Owner's failure to maintain the exterior of any structure in good repair and appearance, the Association may, at its option after giving the Owner thirty (30) days written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the 11 TI°u s is a true and aco.irate copy as t1led 7n the New Hanover Coixity ec,)istei M f Daises office. Owner's failure to do so shall be immediately due and owing from the Owner of the Lot to the Association and shall constitute an assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. Any Owner may choose to perform maintenance on his own yard that would normally be the responsibility of the Association, but in no event, shall such Owner be entitled to any offset or deduction in his assessments for performing such maintenance. The Association is hereby granted a perpetual easement across each Lot for the purposes of carrying out its responsibilities under this Section. Section 7. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood. No trash, leaves or rubbish may be burned on any Lot or within the Development nor shall there be maintained any plants, poultry, animals (other than household pets) or device or thing of any sort, the normal activities or existence of which is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owner thereof. Section 8, Exclusion of Above Ground Utilities. All electrical and telephone service shall be placed underground and no outside electrical lines shall be placed overhead. Provided, however, that the normal service pedestals, etc., used in conjunction with such underground utilities shall be permitted within the Development. Overhead utilities shall be permitted during the construction period and until utility companies can place them underground. Section 9. Satellite Dishes. Satellite dishes shall not be placed in the front of the property. Properly maintained satellite dishes may be placed at the rear of the property with the prior approval of the Developer. Upon the Developer's selling of all the Lots in the Subdivision, this right of approval shall be transferred to an architectural review board of the Association. Section 10 Prohibition Against Business Activity and "Time -Sharing" Use No business activity, including but not limited to, a rooming house, boarding house, gift shop, antique shop, professional oft"ice or beauty shop or the like or any trade of any kind whatsoever shall be carried on upon a Lot or Lots. Provided, however, that nothing contained herein shall be construed so as to prohibit the construction of houses to be sold on said Lots or the showing of said houses for the purpose of selling houses in the Subdivision. Nothing herein shall be construed to prevent the Developer or its agents from erecting, place or maintaining signs, structures and offices as it may deem necessary for its operation and sales in the Subdivision. Provided, however, that nothing herein contained shall prevent the Developer or its agents from erecting and maintaining sales and marketing signs in common areas. No Lot or structure shall be "Time-shared", nor shall any Lot or structure be owned, used or operated so as to constitute such Lot or structure as a "time- sharing" unit within the meaning of such statutory provisions. Section 11. Mining and Drilling. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of the premises, nor shall any oil, natural gas, petroleum, asphalt, or hydrocarbon products or materials of any kind be produced or extracted from the premises. ,5ection 12. Garbage Disgoosal, Each Lot Owner shall provide roll -out garbage containers of the type approved by the Developer or provided by waste collection company, which shall be visible from the streets on garbage pick-up days only. No garbage or trash 12 1 his'Is a true and accurate copy as filed in iJie V ievd Nmfinov,er Cot,nity Riegister iof r,r r girds offlcn.' incinerator shall be permitted upon the premises. No burning, burying or other disposal of garbage on any Lot or Lots within the Subdivision or Development shall be permitted. Provided, however, that Owner shall be permitted to modify the requirements of this Section where necessary to comply with orders of governing bodies. Section 13. Easement for Utilities. The Developer reserves unto itself, its successors and assigns a perpetual alienable easement, as shown on the recorded Tarin Woods Subdivision Map, right of ingress and egress over, upon, across and under each Lot and Common Areas for the erection, maintenance, installation and use of electrical and telephone wires, cables, conduits, sewers, water or other public convenience or utilities, including an easement for privately owned television and other communications cable and equipment, and the Developer may further cut drain ways for surface water when such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of soil, or to take any other similar action reasonably necessary to provide an economical and safe utility or other installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas on any walkway, or any residential Lot designated for use on the applicable plat of the residential Subdivision, or to locate same upon an adjacent Lot with permission of the Owner of such adjacent Lot. Such rights may be exercised by the licensee of the Developer but this reservation shall not be considered an obligation of the Developer to provide or maintain any such utility service. No structures, including walls, fences, paving or planting shall be erected upon any part of the property which will interfere with the rights of ingress and egress provided for in this paragraph. Provided, however, that such easements and rights, shall be restricted to the roads, streets, alleys and easements as shown and designated on the applicable plat or plans of the Development. Section 14. Tgmgorary Structures. No structure of a temporary character shall be placed upon any Lot any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during construction of the main dwelling house, it being clearly understood that the latter temporary shelters may not, at any time, be used for residence or permitted to remain on the Lot after completion of construction. No shack, tent, barn, bus -body, junked vehicle, tree house or other similar vehicle, out -building or structure shall be placed on any Lot any time either temporarily or permanently. Section 15. Storage Rece tacles. No fuel tanks or similar storage receptacles may be exposed to view, and may be installed only within the main dwelling house or buried underground. Any exterior air conditioning or heating units shall be screened from view from all Common Areas and adjacent Lots. Section 16. Re -platting of Lots. No Lots boundary lines shall be changed, except as herein provided. However, the Developer hereby expressly reserves to itself, its successors and assigns the right to re -plat any two or more Lots owned by the Developer shown on the plat of said Subdivision prior to delivery of the deed therefore in order to create a modified building Lot or Lots. The restrictions and covenants herein apply to each such building Lot so created or recreated. Section 17, Clothed No clothesline or drying yards shall be located upon the premises so as to be visible from any Common Area or from any adjoining Lots. Section 18. Water Systems. No individual water supply system shall be permitted upon the premises with the exception of a shallow well to be used for irrigation purposes 13 I hi mom a true and .ii e.Girate copy as Med ki the New I l nram. CourOy Reg Isteu f Deeds offi , ;fly 'xi"� +11"' RM"" L;; M�" ;i;,""'� +�; fl;r,� `#f: a 'I„ #., ✓ �;f�;..., x , ui fK '"'. .4, i �'%#�' fi ., ,""... #,�xill„`^, �" if ""', ";y, • ,,+;: �;'" if . "fly. ,'#, "'f.. SgegLiqn_22. All drainage ditches outlining the perimeter of the property shall be properly maintained by the Owner. In the case of any Lot along which such a drainage ditch runs, no building or structure shall be built within 9 feet of the property line (i.e., 4 feet from the drainage " 1 Th s is a tm e and accurate copy as file in the New I danoveil Count)!, Register of Deedsoff . Section 28. Fences which are to be placed in the front of homes must receive prior approval from the Developer. No fence shall be placed within 25 feet from the front setback line. In no event shall any chain -link or cyclone fence be permitted. All fences constructed on Lots must be approved by the Architectural Review Board prior to installation. Section 29. All Owners' drives and parking spaces must be paved and each paved parking area for a two -car garage must be at least 16 by 25 feet and each paved parking area for a single -car garage must be at least 8 by 25 feet. Section 30. All gardens must be well kept and properly cultivated so as not to be unsightly. All vegetable gardens must be in the rear of the property. Section 31 There shall be no access to any Lot on the perimeter of the Subdivision except from designated roads within the Subdivision. Section 32. Each Lot Owner shall provide a paved area for parking two (2) automobiles off the street prior to the occupancy of any dwelling constructed on said Lot. Section 33. The ownership of the recreational amenities, if any, within the property shall be in the Association or its successors, grantees, or assigns and the use and enjoyment thereof shall be on such terms and conditions as the Association, its successors, grantees or assigns, shall from time to time prescribe. Section 34. Each such grantee also agrees, by such acceptance, to assume all the risks and hazards of ownership or occupancy attendant to the ownership of such Lot, including but not limited to, its proximity to any recreational facility or Common Area. Section 35. Without Developer's prior written consent, no tree which exceeds four Inches (4") in diameter and ten feet (10') in height shall be cut, removed or intentionally damaged on any Lot or Common Area, unless such tree interferes with the construction or safe maintenance of improvements on such Lot or Common Area or unless such tree is diseased or dead. The Owner of any Lot upon which a violation of this restriction occurs agrees to promptly (within 30 days after notice) replace such tree with a tree of comparable size. Section 36. Without Developer's written consent being first obtained, only the following materials may be used in the exterior construction of residences in the Subdivision: (a) Cedar, fir, pine, redwood, spruce, weathered wood, standard vinyl siding, stucco, stone or brick veneer. Foundations must be built of brick, stucco, concrete, stone or block. All foundation specifications must meet with county approval. (b) For the roofs of residences in the Subdivision, only architecture fiberglass three tab shingles or timberline shingles may be used. Shingles must be rated as 25 year shingles or better. No metal or rolled roofing may be used. (c) No material may be left unpainted or unpreserved. All colors must be approved by the Developer or, after all lots are sold, by the architectural review board. 1hif,.s is a true arid accurate r,nw`p el's riled h,u t1he Il elr„� l iat°uu.r &, (IloiirAy Register of Deeds offica, (a) Temporary "for sale" signs or signs indicating the name of a contractor only (not subcontractors) during the period of sale or construction only, provided the sign does not exceed sixteen (16) square feet in size. (b) Address numerals or letters not to exceed six inches (60) in height. Provided however, that nothing herein contained shall prevent the Developer from creating and maintaining sales and marketing signs in Common Areas. (c) Real Estate -For Sale" Signs on resale homes shall not be allowed for a minimum of 4 years from the sale of he first home sites. Section 38. No property owner or individual shall alter in any way any common property or Common Area (except with the written permission of the Association provided that such activity is required for the benefit of the Association or the Subdivision as a whole). Section 39. Pools, spas, Jacuzzis, and hot tubs may be allowed on individual lots with approval of the Architectural Review Board. In no event at any time may any above ground pools be placed on lots. Section 40. Api2roved Builders. Any company building a home in the development must be an approved builder or have the approval of the Developer. Section 41. No use of any non -street -legal motorcycles or mini -bikes or -go-karts" shall be permitted in the Development at any time. SggUgn 42. No commercial vehicles shall be parked on any lot or any common area. This shall not exclude commercial vehicles in the course of business from parking in the development. However, no resident shall be allowed to park his/her commercial vehicle in the Development without approval by the HOA. Section 43 Use of Recreational Amenities All rules for use of the Pool, Clubhouse and any other recreational amenities shall be adhered to. Violation of said rules shall result in loss of access for a period of time to be set by the Board of Directors. Such loss of access shall not result in reduction of annual assessment due. Section 44 Individual Specific Assessments Any expenses incurred by the Association or the Declarant because of the actions of one or more Owners or occupants of a Dwelling Unit, or because of their failure to act, and with respect to which such expenses are chargeable thereto and recoverable there from pursuant to any provision of this Declaration, and any fines as may be imposed against an Owner in accordance with this Declaration or the Bylaws will be specially assessed as a Specific Assessment against each such Owner and the Owner's Unit. Section 1. All Lots, except those reserved by the Developer or designated as a Common Area, shall be used for single family residential purposes only. No mobile and/or prefabricated homes shall be placed upon said Lots. No structure shall be erected, placed or permitted to remain on any Lot other than one single family residence dwelling. 16 1IiIs is a ti"ue air ;°curate copy as filed h iM Netm Gfanov r" gamiii ty pegis ea of Deeds offce. 59-chg-n —2. No residential dwelling on any Lot shall be constructed on any Lot which has a fully enclosed floor area of the main structure devoted to living purposes (exclusive of roofed or unroofed porches, decks, terraces, garages and carports) of less than 1800 squarz-, C, "., " � , , M � , " � JIB Ylw ; . � ' �; � *. � " , ., * , , .�. , . , , "„ ✓ ' .- " ` *' �'" " " ' F ,' %b ': '; :r' ,DIY' ""w r #., •' ,k �', ♦'. Section ' ,;* a Association, Owner, ,,ex Developer, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so force t effect. o n Aaapandl� The covenants and restrictions of this Declaration shall run with il' bind the land, through June of the year 2022, after automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty 0, year period by an instrument signed ninety percent (90%) of the Lot Owners, and thereafter by an ,,. ; signed b not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded in the same manner and location as required for the recording of deeds in New Hanover it '. •, w •` ^� ,. !f?" iIK; i i; ,n,"" _ ! "t;° f 1f I� ". 17 1 Ns is a true and accurate cq')y as fileci ts th4m'i, It s„vow � �a "a.dver County (�qC s'l'eIl Y)f Deeds office, successors and assigns or with the consent of two-thirds (2/3) of each class of members, and with the consent of the Owners of the additional property proposed to be annexed. Section_ 5. Each of the streets in the Subdivision now or hereafter designated on any plat is a private street, and every park, stream, body of water, common area, recreational facility, and other amenity within the Subdivision is a private park, facility or amenity and neither the Developer's recording of any such plat nor any other act of the Developer with respect to the property is, or is intended to be, or shall be construed, as a dedication to the public of any said street, park, common area, recreational facility and amenity other than as reflected therein. An easement for the use and enjoyment of each of said streets and areas designated as parks is reserved to the Developer, its successors and assigns, to the persons who are, from time to time, members of the Association; to the members and Owners of any recreational facility; and to the residents, tenants and occupants of any residential buildings and all other kinds of residential structures that may be erected within the boundaries of the Subdivision and any additional property that may be annexed as provided above and to the invitees of all the aforementioned persons; the use of which shall be subject to such rules and regulations as may be prescribed by the Association, if the Association is the owner of the facility or property involved. The Developer may at any time dedicate the streets to a public authority if it so desires or decide to not dedicate streets. Section 6. It is agreed that time is of the essence with regard to these restrictions, covenants, limitations and conditions. Section 7. In the event of a violation or breach of any of these restrictions by any Owner, or agent of such Owner, the Owners of Lots in the Subdivision, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, the Developer, its successors and assigns, shall have the right, whenever there shall have been built on any Lot in the Subdivision a structure which is In violation of these restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation, it shall not have been corrected by the Owner. The Association is hereby granted a perpetual easement across each Lot for the purposes of carrying out its responsibilities under this Section, and any such entry and abatement or removal shall not be deemed a waiver of the rights to do so hereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. Should Developer employ counsel to enforce any of the foregoing covenants, conditions, reservations or restrictions, because of a breach of the same, all costs incurred in such enforcement, including a reasonable fee for Developer's counsel, shall be paid by the Owner of such Lot or Lots in breach thereof. Section 8. The Developer herein shall not in any way or manner be liable or responsible for any violation of these restrictions by any person other than Itself. Section 9. In the event that any of the provisions hereof are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event such term shall be reduced to a period of time which shall not violate the rule against perpetuities or any other law of the State of North Carolina, and such provision shall be fully effective for said reduced period of time. Section 10. The covenants, conditions, reservations and restrictions herein contained may be altered, modified, supplemented or amended in any way by an instrument in writing signed by two-thirds (2/3) of the then Lot Owners, provided, however, 18 Irl"!E', tl. a tn.e ariII:!� ah.i_..UIa b,," copy as flied il) tii ' i^ evi Hanover CoilN6"'sty Reglsl 'zi of: Deeds a"kfficie, any such change shall apply to all Lots equally or shall be less restrictive than this instrument if it applies to less than all Lots. Provided, further, that all property rights reserved to Developer shall continue forever to Developer, its successors and assigns, except as otherwise provided herein, and, as provided in Article III, Section 2, hereof, the obligation for maintenance and repair of the Common Areas may not be eliminated or substantially impaired thereby. IN WITNESS WHEREOF, the Developer has executed this Declaration this "? day of 20 la E85 Transport, LLC. Me er/Manager STATE OF NORTH CAROLINA COUNTY ©F fr t� +�G MW I.S,C:91c14v�- , a Notary Public of the state and county aforesaid, do hereby ciWi y that L l�� Ttr- , personally appeared before me this day and acknowledged that _he is a Member/Manager of E85 Transport, LLC, a North Carolina limited liability company and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and seal, this the t day of i `L"C. , 2013 Notary Public My commission expires: t 0 ! $ t �`_ wwss.aw e,wC�� w ••.;'J� ci, �iDT/►iTl y. 41 • wr•+r a ae so VER ��ffpp • I!19 1 qqs 4s a . and aPPwtate col FOR REGISTRATION REGISTER OF DEEDS 'EN"IFER W MACNEIS" COUNIty. Nc tINT; 142 10 PM 8K 5649 PC 1601.j FEE $26 00 NC REV 111ST2012273 W NORTH CAROLINA SPECIAL WARRANTY DEED F=w Tax S2,0Q.00 Tins doodwas prgrarcd by First Troy SPF, LLC, 34 Commerce Ave, Ste 17B, authera Panes, NC 2$387 Mail afar recording to- 'P^te'S4"t& PARCIEL U). R07900-003.055-OW NO OPLIVION ON TnZE REQUESTED OR GBoXN THIS DEED made, dnsJ2_' . day of May, 2012, by and between RCYO; �-*!' .0 TO.- ) E F F 'i I. Y V1. 12, 11 r ER GRANTOR: FMT TROY SPE, LLC A North Carolina Limited Liability Company 341 North Moan St Troy, NC 27371 And GRANTEE: E 85 TRANSPORT, LLC A North Carolina Limited Liability Company 905 Blmbema Dr, Raleigh, NC 27612 The deognation Grantor and Grantee as used herew shall include saulparbex, thew hews, sucomm, and assigns, and shall awls de swgulw� phow4 mascubu; feminine or neuter as required by context WTINESSETH, that the Grantor, for a valuable consideration pad by the Grantee, the receipt of which is hereby aWmowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcd of land situated in the City of Wilinington. County of New Hanover, North Carolina and more particularly described as follows - SEE ATTACHED EXMIT A This is property described m two Deeds of Trust cxecuW by Cypress Grove Land, LLC The Deeds of Trust were foreclosed (see 10 SP 95, Now Hanover County} The property hmnabove described was acquired by Grantor by metruitiat recorded in Book 5490, Pap 1563, Now Hanover County Registry I Iris is a true wi[d ac(��urate copy as fikad in the Mr,,,w � anover Courity IZegister of i.') - - J," fil' All or aporban of theproperty herein conveyed does not include thepronary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appaftmoces thereto belonpW to the Granges in fee aunple And the Grantor covaumts with the Grantee, that Grantor has done nothing to mqw such tale as Grantor received, and Grantor will warrant and defend the tide agamst the lawful clauns of all persons clammg by, under or th=gh Grantor, except for the owepum hwanaf ter stated 1. FAsements, Rights of Way, Restrictions and Encutobrances of record. IN WITNESS WHEREOF, the Grantor has caused thus mstrument to be executed m As company name by its duly authonzed Vice President the day and year 11rot above wntten a Notary Pubhe of the County and Staw akmmd do hen*y certify r!!�A for FIRST ROY SM LLC, a Nor& CarolIt: . Lurated Lmbthty Company, P"nalm =pfessed bemg authonzed to do so on behalf of the company W*= my hand and official stamp or seal, this 32t Of May, 2012 S SEAL No lie, K �7— M vC NOWY y CO A ia 8 "n,its is z'i true arid aCCUrate cq)))e as ffle�J in ttie New Ihtwiover County Register of Deeds off All of Tract "BL". as "m von that mv recorded in the Now Hanover County Relis" in Moo Boa 33 at Pop 227. odd map bft entitled "Boundary Survey for Mwvfn EL Congdon, end wife, lye. NCYM- A portion of the dw" Uact, which portion is dw" upon that map recorded in said Registry in b(mp Book 32 at Pap 358, has been used as a 4molition lanm", pit ng nt to a pmk recorded in said Rmddry in Book 1605 at Pap 1644. SAVING AND EXCEPTING 7= FOLLOWING PORTION OF SAID PR0?ZRW9 WWM HAS BZZN QUITCLAIMED 0VZR TO MARVIN K CONGUTON AND W9% CAROLYN IL CONGUTON. A boundary lime between two parcels of laud knowm as Trad W as shown an the aimp raomded in the Now Hamm County Register of Deeds Office in Map Book 24 at pqp 127 on the em and Tract "BC" as shown an the map recorded in to New nmver County Rqoxkr of heeds Office in Map Book 33 at Pap 227 on the wext; sod parcels lm� in Federal Point TownWdA Now Hanover County, North Carolina, said boundary Um being most particularly dears lW as follc;ws ae&ft at a No. 5 rebar set on the northerly propoty line of Troa "BC" locatad north 600 1 S' 5V wed a distance of 25.30 fee from the northeast corm of odd Tract OBCI,, add reW &W baimg located north 52*0245" wed a distance of 1438.24 fee ftm # concrete mmmwW located at to centerline of Licubmant CotWeton Road at its weauiy tarzoinvo as dxnvn an the map calitled"Hig Cyprm Fanns - Section r and reowded in the Now Hwxvm County Reglsw of Deeds Office in Map Book 27 at Pap 186; Theme south lr35'48" west from said point of W=646 through Trea -BC- and xjmg the anter of* dnkmp ditch adistance of 1102.43 fed to ablo. 5 mber; MWnce south 15-48-47- west contlaulag through Tract -BC`- a distance of 794.99 Pest to an, imn rod tmd at the soullmeslarly == of Tract "BC",- said iron rod bd" the Wm&d point of boundary line. 11'his is a true aill'id a(-ICW'Ellf.`Cx)py Sys liledire Nevw Hanove,:°,,r Coi,,anty Regist(,,2,r of Deeds office, JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration- 0=112012 12*42:10 PM Book; RE 5649 Page. 1801404 Document No * 2012020720 4 PGS $26-00 NC REAL ESTATE EXCISE TAX: $2,000.00 Recorder. CRESWELL, ANDREA State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. IF, 'irl 1 11" This is a tii,,ire E,'md accijirate copy as ffled iri thc.' New II ianover CowReg�ster c)f Deecis office, FOR W" T 1570 of OWS Papued by Ic Humn 265 Racm Dm% Suift 104 Wflmmgtm NC 2M Rttznto Ic Hmwn Excoo Tax, $000 UNION" Pv4m= of thm domomm hu me& me UW cmawAftm and mdm so npnmu*m or caulluum u to mW mwmdbmetde Pr*Mrod By 6TATE OF NORTH CAROLINA ArW Rohnned COUNTY OF NEW HANOVER TO: JC HomMe, V t4A4Ae*, QUrrCLARA DEED THIS QUITCLAIM DEED. made and entated mto fts the -tc ---��dayofl)ccwbw. 2005 by and between Marvin H. Congleton, 11 &ad wife Mary & Coogloon, and Thoom IL Congiaten and wife Julk IL CougWon, hatromift called Grantor, " Marvin H. Congle-ton, Sr. and wife Cwo4m R. Congletw of 235 Willmm Road, WibnbWm Nm* Catoltma 2UM, hatinafter called Gromwo Jfff jJ17 b # !."v 144 111 g, " i F , 1, 77 47-12, �MM tfl"q 4' Q�� JT-F nT, Wtv MA ITS 7-41277 ;94;;1-A MFU747 IM717771.7ty 7--cl 71 20ML MR, ; ME 21AL F bmg ft tanuxW pomt of %a boundwy hne. TO HAVE AND TO HOLD tM aforewd fto or pacal ofland and all privile" dwounto TWs is a true and accumte mpy as ffled in the New II, �anovet" (-oun11,(Regi!st&- of Elleeds office, all ngM, We, clann or mterest of Grantor or anyone clamming by, duwqjk or under her. The Designation Grantor and Grantee as used harem shall mclude sad parties, their heirs, successors, and asaym and shall mclude singular, plural, masculine, femmine or neuter as requned by context IN WrrNESS; VnMMF, the Grantorhas hereunto set tits hand and seal, or Lfcorporzte has caused this huoument to be signed in its corporate name by as duly authorized officers and its seal to be hereunto affixed by aulhonty of its Board of Directors, the day and year first above written SEAL) Mary B. Congleton I WAIIAN"01W]MIC JCI:CA: rI�Lfn L a Notary Pubhc ofthe CountyofNew Hanover, State ofNofth Carolow. do hereby catfy that Marvin EL Coneden, n personally appeared before we this day and softowledged the due execution of the foregoing mstrinnent. Witness my hand and official seal this. day of December, 2005, MyCommission Expires I' # , ki #i. I JIL 14KIINV Wat) Ad V.,A IF.W # I A. F Notary Public —0011"IfIA" M 1, allotsryPubhc: ofthe CounlyofNow Hanover, State ofNorth Carolina, do haft certify that Mary B. Conglawn personally qpwW before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal dns day of December, 2005 4 - T-- ---T),p My comnuawn Expues: -,/.,7a,7-7 {Not Beal I'his is a bue and am,umte ccip"as Filed III V the fqew � �anmt&, Coui,,M,� �Regster of Deeds office, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER J, a NotaryPublic ofthe Courity ofNewHanover, State ofNa* Carolina, do hweby catify that T11ionm R. Congb*m personally appeared before me dw day and acknowledged the due execution of the fmpmg MSM=CM Witness my hand and official seal this day ofDwmbcr. 2005 Notary Public & My Cmmtsmn Ei*n (Notarys PROVINCE OF ONTARIO CITY OF PICKERING I, a Notary Public ofthe City of Ptckam& Province of Ontwo, do hereby cer* ftt Julie R. Cam0fts personally appeared before = this ilay and w1mowledsed am due execution of the forepmg mstrimian Witness my It" and official seal this f_ day ofAeagV , 200 6. My Commmion Expires. A (IVYIw e e.4Aq1j&.0A1 Notary Public (Notary sod) GEORGE D. WRIGHT awdster a Softmor 543 KINGSTON ROAD WEST, A.ItONTARIO 8 smi 4- '11,0s is a tru!e and aci:,urate copy as Meld In the New � lailove�,, County Rf-,gister of Dr,,,,eds office, Filed For Registration: Book: REBECCA P. SMITH WILMINGTON, NC 28401 011111200002:5411 PM RE 4964 Page: 733-736 2006001M EMECTM Recorder. NELSON, JACQUELINE Ste% of North Carolina, County of Now Hanover lk"Ll'i I 1 8.1412 10, 1'1' L! 11 11016OL"ll Al"i ff" It I al�ill - i;"' I k Ale Lel. ill "'Timm is a imie amd aco.,mirate cop)� as fileisj i« the Ne�,v I Ala mViEll" COLJlllt�� 1?.egister cyf Deeds offim, 0\)NT 0 TAMMY THELISCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.. Recorder- WILMINGTON, NC 28401 0310712013 03:15:09 PM RE 5717 Page- 2845-2872 2013008269 28 PGS $74.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 2013008269 11)is us Ma triie anrj acwralx� copy as ffle,�J u,i tlie New lianover Cxxtnt,,� Reglst&, of 1)(,.,�eds c,4`fice, Register of Deeds Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 * Fax 910-798-7751 NJ wpw"J-)�' :A B L I s tj 0 "o be al"I ��.e zinc acc:ura �e ea�fy U Os � t 1 1, ,y of U ie dc,*xT�r;,r)t Med and r coded #n M,v f-hr,Gover Cfz,9t,,,,�,Mly Rec'OsUi.,"i: of [')eeds Office as eviderv,:e Mcn'c, friari, Clietty Cdkr�s, Reg�ster of Dev:"ds 5/20/2(,.)24 i NJ i$terofA',.')eeds Two Unsuired Fifty Dollars (i9,2SO.00), and they will keep all taxes paid upon said property] audt if the Trusters fail to do this, the Trustee or Beneficiary may affect such insurance sad pay such taxes, and all amounts so expended by then with interest from date of payment at six percent (6f) per annum shall be secured under this conveyance and be duo and payable at the time of the next payment of principal or interest thereafter due on said note. The Trustors and the Trustee hereby agree with the Beneficiary that in case the Trustee shall die, become incapable of acting, renounce his trust, or for other reasons become saaaaept- able to said Beneficiary, or her heirs or assigns or legal representatives, then upon notice to the Trusters and the Trustee, if living, the Beneficiary, or her heirs or assigns or legal rep- resentatives, may appoint in writing, a successor Trustee and upon the probation and registra- tion of said writing, the successor Trustee, thereby appo1uted, shall ouecaed to all the rights and powers of the Trustee. It is further agreed that any statement of fact or recital by said Trustee in his deed in relation to the nonpayment of the money secured, the amount due, the advertisement, sale, reoaipf of the money, and the execution of the deed to the purchaser, shall be received as prima facie evidence of such fact. And it is agreed that if the Trustors shall pay off said note and interest, and discharge fully the trusts heroin declared, before such sale, or tine same shall be done by a sale of said property, titan so much of said property as may not have been sold, and is not required to meet any of said trusts, shall be reconvoyed to the Trustors, or the title thereto be reverted in them according to law. IN TESTIMONY WHEREOF, the said Trustora have hereunto subscribed their hands and seals the day and year above written. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Woodrow D. Pridgen (Seal) Katherine C. Pridgen (Seal) I, Joan Middleton, a Notary Public in and for the state and county aforesaid, do hereby certify that Woodrow B. Pridgen and his wife, Catherine C. Pridgen, personally appeared before se this day and acknowledged the due execution of the foregoing Dead of Trust. Witness my hand and official seal this the 27th day of July, 1962. Notarial Seal My comm. expires 12-29-63 STATE OF NORTH CAROLINA s NEW HANOVER COUNTY s Jean Middleton Notary Public. The foregoing certificate of Jean Middleton, Notary Public of Now Hanover County, is ad - Judged to be correct. Let the instrument with the certificate be recorded. Drawn by Carter, M. F. 6 N. This the 27 day of July, 1962, Vernell DeVane, Asst. Received and recorded the 27th day of Clerk Superior Court. July, 1962 a/t/5-,2J0 P.M. and verified. ' Y a�.G.µ Register of Deeds. ------- — ---------------------------------------------------- JAS. if. HOBBS ET UX STATE OF NORTH CAROLINA SECTION #I- BATTLE PARK SUB. COUNTY OF NEW HANOVER s DECLARATION OF RESTRICTIONS DECLARATION OF RESTRICTIONS - - - KNOW ALL MEN BY THESE PRESENTS, that we, James It. Hobbs and wife, Mildred D. Hobbs, of New Hanover County, North Carolina, who are all of the owners of all of the lots in that certain subdivision in Federal Point Township, , New Hanover County, North Carolina, known as Section Humber One of Battle Park Subdivision, as the same are shown on a map or plat of said subdivision prepared by C. W. Blows# Jr. Registered Land Surveyor, which is recorded in Map Book 7 at Page 77 of the New Hanover County Registry, in order to promote a uniform and harmonious development of said subdivision, do hereby covenant and agree to and with each other and with all persona, firms, or corporations now owning or here- after acquiring any of the above mentioned lots, that the use of all of said lots is hereby made subject to the following restrictions or restrictive covenants, which shall run with the land, and be binding upon said lots and whomsoever owns the same, to -wits 1. No lot shall be put to any use other than for residential purposes with the exception of lots 1, 2, 3 6 4 which are reserved for commercial usage and lots 21, 22 6 23 which any be used for a home occupation by any Land Surveyor or Engineer residing an the promises and having his office as a part Of or in connection with his or her residence. No portion of any lot or late shall be used for a roadway either public or private except a portion of any lot nay be used as a driveway incidental to the normal use of such lot for residential purposes. 2. Except on Lots 1, 2, 3, 4, 21, 22 6 23, no building shall be erected, altered, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height, and a private 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. The plan and design of any building to be built on any lot shall be first submitted to the developer, J. H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the develop- er to maintain a uniform plan of development, with respect to design, type, coat and general appearance of the structures to be erected in this subdivision. 3. No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living areas 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport), or 1,300 square feet if it does not have an attached carport. Nor shall any buildin�gg of any kind be erected, altered, placed upon or per- mitted or any lot, the exterior finish of which is not constructed of either break or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, second stories, ato. 4. No building or structure of any kind sh311 be located on any lot nearer than five feet to any side line, with the exception of those lots 1, 2, 3 & 4. On lots numbers 15 thru 24 in- clusive, no building or structure of any kind shall be located nearer than 70 feet from the front or street line of any lot. On lots amabove 5, thru 14 inclusive no building or structure of any kind shall be located nearer than $o feet from the front or street line of any lot. S. No commercial trade or activity shall be carried on upon any lot except for lots 1, 2, 3, 4, 21, 22 b 23 as hsreinabove provided and no 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 the neighborhood. 6. No structure of a temporary character, trailer, mobile home, tent, shack, garage, garage apartment, barn or other outbuilding shall be used on any lot as a residence, either temporarily or permanently, either for the owners of said lot, tenants, servants or any other persons. 7. No hogs, cattle, sheep, goats, horses, poultry or other livestock shall be raised, bred or kept on any lot; however, dogs, carts or other hotteehold pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 8. No lot or area shall be used or maintained as a dumping ground for rubbish, track, j;ar- bage or other waste, and such materials may not be kept on any lots, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 9. No surface closets or out -houses shall be kept or maintained on any lot, and sewage dis- posal shall be by septic tank only, which shall comply with the requirements of the North Carolina State Board of Ilealth, until such time as a general sewage disposal system may be installed. 10. There shall be no change in the layout of any lot or lots as shown on the map above re- ferred to, and no lot shall be subdivided unless such part of a subdivided lot becomes a part of a whole lot, and the remaining part of such subdivided lot becomes a part of another whole lot. II. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part. Any person or corporation owning any lot or lots in said subdivision shall have the right and authority to bring appropriate legal proceedings to prevent or stop violations of these restrictive covenants, and/or recover damages for such violation or violations. 12. Invalidation of any one of these covenants by judgment or Court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. IN WITNESS WIIBREOF, the parties have hereunto set their hands and seals, this the 30th day of July, 1962. James It. Itobbe (Seal) Mildred B. Hobbs (Seal) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, T. A. Crows, a Notary Public in and for the State and County aforesaid, do hereby certify that James It. Hobbs and wife, Mildred D. Hobbs, personally appeared before me this date, and ack- nowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal, this the 30th day of July, 1962. Notarial Seal My comm. expires 11-21-63. STATE OF NORTH CAROLINA NEW HANOVER COUNTY T. A. Crows, Notary Public. The foregoing certificate of T. A. Crewe, Notary Public of New Hanover County, is adjudged to be correct. Let the instrument with the certificate be recorded. This the 31 day of July, 1962. Dr. by Elkins is Calder. Received and recorded the 31st day of July 1962 at 2-45 P.M. and verified. Ethel A. Drown, Deputy Clerk Superior Court. Register of Deeds. --------- -------------------------------------------------------------------------------- VELKA G. GARWOOD : Drawn by Abner Alexander. TO : THIS DEED, Made this the 14th day of November, 1960, by Veina G. R. L. GARWOOD Garwood, of Forsyth County, State of North Carolina, party of the DEED s first part, to R. L. Garwood of Forsyth County, State of North Caro- ---------------------- line, party of the second part; Witnesseth That the said party of the first part, in consideration of ($10.00 OVC) Ten dollars and other valuable considerations to her paid by the said party of the second part, the receipt of which is hereby acknowledged has bargained and sold, and by these presents does bargain, sell and convey unto the said party of the second part and his heirs a tract or parcel of land in the County of New Hanover and State of North Carolina, in Federal Point Township, and hounded as follows: PfIs anfl ci„1 f J„d in f.i, I,(N co"")' rt?M'1 <r r;pol'L Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 * Fax 910-798-7751 U� I do ivreby ceftH�� tl"��s tto br,,,, tn ie an.f:f acatrate cf,:�,py of dr,�e docurnfarit IHed and ec:orded 2n New HL',,,',,(nover County fcbfl.)eed�,,, ("Wice ws. e'vider�,ce iY Book ".10 32,12 a� FlageliNlo 803, ��Iorghan (3ed",y CoMns , Register of Deeds 5/20/2024 Mer o Deeds/ F� Prepared by Daniel D. Mahn, Attorney at Law .�% FOR RE628TION RE&lTIER OF DEEDS �faE�NC ECCAT CFR____I fM:lOSSS 11UA r 1' or DECLARATION OF OF BATTLE PAW OU13DMSION SECTION r; THIS AMMMOT OF DRCLUATION OF RESTRICTIONS OF BATTLE PARK SUBDIVISION, SCION OUR, made and entered into this 'IS day of February, 2002, by and between the undersigned Lot Owners in Section One of Battle Park Subdivision, said owners being a majority of the lot owners in said Section One of Battle Park Subdivision; THAT WHEREAS, J. H. Hobbs and wife, Mildred B. Hobbs, were the developers of Section One of a subdivision known as BATTLE PARS, as shown on map recorded in Map Book 7 at Page 77, of the New Hanover County Registry; and WHEREAS, on July 31, 1962, the said J.H. Hobbs and wife, Mildred B. Hobbs, caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, a Declaration of Restrictions for Section On* of BATTLE PARK, which said Declaration of Restrictions applies to all lots sold in the said Section One of said BATTLE PARR subdivision, and which are recorded in Book 719 at Page 119 of the New Hanover County Registry; and WHEREAS, Restriction 1 of said Declaration of Restrictions states "No lot shall be put to any use other than for residential purposes with the exception of lots 1, 2, 3, & 4 which are reserved for commercial usage and lots 21, 22 & 23 which may be used for a home occupation by any Land Surveyor or Engineer residing on the premises and having his office as a part of or'in connection with his or her residence. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes."; and WHEREAS, Restriction 2 of said Declaration of Restrictions states "Except on Lots 1, 2, 3, 4, 21, 22, & 23, no building shall be erected, altered, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height, and a private 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. The plan and design of any building to be built on any lot shall be first submitted to the developer, J.H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, type, cost, and general appearance of the structures to be erected in this subdivision."; and Mailed T'o k. hAkvv 1 WHEREAS, Restriction 3 of said Declaration of Restrictions states that "No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport {not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of .either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, second stories, etc."; and WHEREAS, Restriction 4 of said Declaration of Restrictions states that "No building or structure of any kind shall be located on any lot nearer than five feet to any side line, with the exception of those lots 1, 2, 3 & 4. On lots numbers 15 thru 24 inclusive, no building or structure of any kind shall be located nearer than seventy feet from the front or street line of any lot. On lots numbers 5 thru 14 inclusive no building or structure of any kind shall be located nearer than 50 feet from the front or street line of any lot."; and WHEREAS, several houses have been built within the said subdivision which have exterior finishes that are constructed of wood and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the finishes of which are a technical violation of the recorded Declaration of Restrictions; and WHEREAS, 'several houses have been built within the said subdivision which comply with the front, side, and rear building setbacks established by the applicable New Hanover County ordinances, but which are closer to the front and/or side lot lines than the said setbacks required pursuant to the said Declaration of Restrictions; and WHEREAS, the Developer, J.H. Hobbs, is now deceased, and did, not name a nominee to exercise the approval rights reserved to the developer by the said restrictions; and WHEREAS, Restriction 11 of said Declaration of Restrictions states that "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part....."; and WHEREAS, the undersigned Lot Owners, recognizing the nature of modern construction and the need for the modern development of the said subdivision with regard to modern construction materials, setbacks, techniques, house plans and house sizes, and also recognizing the existence of houses already constructed within the subdivision that may not comply with the aforesaid setback requirements and that may not comply with the exterior construction materials required by the said Declaration of Restrictions, now desire to amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 as hereinafter set forth, pursuant to Restriction Number 11 of the said Declaration of Restrictions. NOW TMMFOR3, the undersigned, being the owners of a majority in amount of the lots in Section One of Battle Park Subdivision, do hereby amend Restriction Number 1, Restriction Number 2, .�I , �'IIJ ro nd' .rl , ;Ir t opy t,f'lf d �11'ife, J)) vvsIo'l' 'w',T fJ.J4J L1f lIS; 0A )fkX,, authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, all the day and year first Hobb & Company �ofWi�lmingt�on, Inc. mp By. 001, By: re ent V 4 64 4"W10= I � U1 11 0; ril U01"I I -I Z� Public in and for the County and wl%dged that 4AF/she G. Hobbs, Rupert Notary that L ta er d a ti 9 :a 0 be me his �day a f a 0 State a or 0 ereby c personally Ily appeared d fore t personally er 0 ally e Hobbs, a James Henry nry bb Jr.,Parker,Evelyn Strickland, tr a c 1 T M. Myers, Nancy Strickland, PatriciaatFaye Hobbs Myers, Gerald ere Par, r, E ois r er. Kenneth ke e T Pa k r, Stephen L. Hobbs, and Lisa Hobbs sign the hereinabove instrument and that vt..'ft C, . Q.*-k4 joa If - personally acknowledged the due execution by Jameff Henry Hobbs, Jr., Evelyn G. Hobbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs Dyers, Gerald M. Mpfyers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs and Lisa Hobbs of the foregoing instrument for the purposes therein ex- pressed. witness my hand and notarial seal this _PS day of February, 2002. My Commission Expires: L_*31C'_ __3 NotaryWublic This, !"� """ 't ",,md copy "'�" 1'l U)�"" Jr V" I ("�ou]Oy Offk':k"' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I ' and for the County and 6c personally came is Secretary of HobCarolina Corporation, 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 her as its Secretary. Witness my hand and notarial stamp or seal, this OLIC day of February, 2002. My Commission Expires: 17 1!�' 4D 4Notary i Pus%:, i f.otcy """P C""'hce� i rM M, 717, 7 Book: Document No.: JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 02PASrM2 03:23:59 PM RE 3212 Page: 803408 2002009361 AMEND 6 PGS $28.00 ftdo of North Carofins, County of Neer Hanover Fa I IfLi'77 I j 4•A 01 444 71, —j i it Z =77 t . . . . . . . . . . . . . . . anil """Opy 4� the '410"""w TTM, niTFireem'?!�M Register of Deeds Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 - Fax 910-798-7751 R" wpm' -4 B L I S H VO-�J-)� a trueww'J. aco.wate copy ofdrredoo vrnerat CHed and rn rv\Iev,,,, lHanover .our�,,'ity RegIister of �,,)eeds (Xff(,'."e as evkfence in Book Nlo'713 at' Pag0, e No 24 Gel'.1'.y G",H�ns , RegisUof Deeds 5/20/2024 tall-C ty Re, to ofII )eeds STATE OF KOM CAROLINA NEW HANOVER COUNTY The foregoing Certificate of Daniel B.Hardee Notary Public of Now Hanover County, is adjudged to be corrett. Let the Instrument with the Certificate be recorded. This the 31 day or Oct. 1962. Ethel A.Brown Received and Recorded this Slat day Dy. Clerk Superior Court of -Oct. 1962 at 4:05 P.M. & Verified Dr. by Elkins A. Calder a ' n"' �ctj"Jwa"o"" )'Py file""'), in th"o K xm'("'y ;R"'r'-"f Of [-"QX"",JS a.�. TtLCMAS _BRAFiOEt & WIFA s : " .STAfi OF .NORTEI CAROLINA .s . TO s COUN Y-OF NEW HANOVER WARR ED CJERYIM 9,SPAINHOUR & WIFE 's TlIIS INDENTURE made. thla the 14t PU umbers DEED : 19ii2"," byy THOMAS BRANCH and' wits, ILA BRANCH of Winston � Forayth Countyp; Borth Carolina; partlea of the first part;.to CARVIN S,SPAINHOUR.and wife, >�UTH H.BPAINNOUR,,Of Davidson County, North Carolina, parties of the second part) That the said paxtiga of the f#xpt'part for And:ih consideration of the. sum of-'.. s TEN ($1D 00) DDLLAR3 and other valuable considerations to them in hand pald`by the said parties of: the eeoor)d`pa C.,'.the,)o� ipt of ir}Iic, is: :heridby:aakgiril'eitg04i have giYen, granted> bar gained and eaid,.aliened and conveyed and by:theae-presents do hereby iver,grant`,, bargain 'and sell, alien; convey and -oanfiVm-uhto tho'seifil parties of ;the sedon' ppart �ttd,.to their; heirs K, and. assigns} forever,. all, that.ce'rtain lot or parc4i,6r-land# lyying.and Being in Wilmington.:: ? beach, Federal:Posbnt Townshipj,New Hanover County and:,State or. North' 0 reling,':and ;Aare;,pJr.; titularly described As, follows, to -wits... BEING all of. Lot No 1 in Biook No:29.af�Wiimington Beaoh Aa•shotm on a,.map duly recorded in Map Book 12 at'.'Pag'b f30 of the Neer Hanover County Public Registry, ). Thia conveyahce is meda subject to restrictive .covenants , if any, together with ? all improvements, furniture and equipment in the abovecottage. Together with all and singular, the lands, tenements, easements and appurtenances thereto belonging or in any*iae appertaining. 9 TO HAVE AND TO HOLD T:iE above granted and described promises, together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, or in anywise appertaining unto the said parties of the second part, their heirs and assigns, in' fee aimple, FOREVER. And the said parties of the first part, for themselves, their heirs, executors, and administrators do covenant to and with the said parties of the second part, their heirs and assigns, that they are seized in fee of the above granted and described premises, and they have good right to sell and convey the same in fee simple; that the some are free and clear from any and all encumbrances, and that they will and their heirs, executors and administrators shall WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. Thomas Branch (SEAL) ($4.40 U.S.Doe.Rev.Stamps) THO14AS BRANCH Ill Branch (SEAL) STATE OF NORTH CAROLINA g COUNTY OF NEW HANOVER I, Katherine S.Farmer, a Notary Public, in and for the State and County aforesaid, do hereby certify that Thomas Branch and his wife, Ila Branch, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed Instrument, for the purposes therein expressed. Witness my hand and Notarial Seal, this the 14th day of September, 1962. Katherine S.Farmer Notary Public (Notarial Seal) My commission expires: 11/29/62 STATE OF NORTH CAROLINA NEW HANOVER COUNTY TRe foregoing Certificate of Katherine S.Farmer Notary Public of New Hanover County,' is adjudged to be correct. Let the instrument with the Certificate be recorded. Drawn by W.L. Farmer. This the 2 day of Nov. 1962. Lois C.LeRay DRAWN BY:.W.L.Farmer, Attorney at Law Dy, Clerk Superior Court 308-310 Ins. Bldg. 2nd & Princess St. Wilmington, N.C. NO TITLE SEARCH. Received and Recorded this 2nd day of Nov. 1962 at 9:45 A.M. and Verified G ,r 1 Register o asa - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ^ - - - - - - - -- - - - - - - JAMES F.WHITE & WIFE STATE OF NORTH CAROLINA TO COUNTY OF NEW HANOVER CARL F.ALniAN & WIFE THIS DEED, made this September 24, 1962, by and between DEED JAMES F.WHITE and wife, ELSIE SMITH WHITE, of the City of - - Oxford County of Granville, State of North Carolina, parties of the first part, and CARL FREDRICK 'A.TMAN and wife, LINDA PATRICIA ALTMAN, of the County of Now Hanover, State of North Carolina, parties of the second part; WITNESSETH: The parties of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to them in hand paid by the parties of the second part, at and before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged and confessed, have given, granted, bargained, sold, conveyed and con- firmed, and by these presents, 'do give, grant, bargain, sell, convey and confirm unto the d parties of the second part, their heirs and assigns forever, all those certain lota parcels a or tracts of land, situate, lying and being in MASONBORO TOWNSHIP, NEW HANOVER OWN�fY, STATE Y OF NORTH CAROLINA, more Particularly bounded and described as follows: BEING all of Lots 14'. 15 and 16,.in Block 2, Section A, -of Silver Lake Subdivision, as shown on the Map thereof, duly recorded in Map Book 4, at Pages 106 and 107, in the Office c of the Register of Deeds of New Hanover. County, subject to restrictions applicable to said property as set out in instrument recorded in Book 419, at Page 2?2, of said Registry. TO HAVE AND TO HOLD the above granted and described lands and promises, together with all and singular, the tenements, hereditaments and appurtenances thersunto belonging to. the parties of the second part, their heirs and assigns forever, SUBJECT to 1962 taxes.. i AND the parties .of the first part, for themselves, their heirs and personal re- preaentativea, covenant and agree to and with the parties of the second part, that the parties of the first part are seized of an indefeasible estate of inheritance in and to said land. and premises, andhave good right, full power and lawful authority, to sell and convey the same in fee; that the sane Are free and clear of all encumbrances whatsoever, and they will and their heirs and personal representatives shall warrant and.defend the title of the same g unto the parties of the second part, their heirs and assigns forever. R IN WITNESS WHEREOF, the partiyes of the first part have hereunto set their hands and , hi"',r',a,k, 'Pc'4 irtl cep M!"e,[n`'0"m1",;n r PYty y MORGHAN GETTY COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 e Fax 910-798-7751 L&I A B L I S H A ,W U dr,�, i-�ereby certify this trader a tn,,�e, anfdf, aco,'taate copy of H're doctvrzerft'ffled ard recor�,Jo.,,,d in Nevv �,,-Ilarmver Cmtnty Register vol" �,',")'Fee k"J!', (Dfflce as evkler�ce tr� i3ook,, P4.,o 805 at Page No 7%, More, han Ge�:'ty �,'--DWns of De(,,,,�ds 5/20/2024 STATE OF NORTH CAWZ,= ►` COUNWOF saw HWVBR' e DNCLi►MTxoN OF R$BTRIC'xZANs" RNON ALL HER, By. '.f M PRR88NTB, `th#t. MilaH4886 and wife, tiILDRBD 8,°.RO888 of Next Namur. Cbfiuty, Nartiti Carotins; who `era, all of the ownersof 'all bf' 06 16t* in: ttu aerrai»' eW diviti3Oii in Federal Paint Township, New°Naiiowlr County, North Carolina, known as sRotiOr►s Numbers Firur; i+iva..aAd Six: of battle lark as the same. are shown an a, map or plat og said subdivision prepared I by C. w.'Blomme, Jr., Registered WWd Siaxveyor, which is recorded in Nap Bock 8 at Page 411 clap Book 8 at Page r, a.AI clap Book 9 at in the Office Of the Register of Deeds of New Hanover County, in order to promote a uniform and harmonious development of said subdivision, do hereby covenant and agree to and with each other and with all persons, .firms, or corporations now owning or hereafter acquiring any Of the above mentioned lots, that the use of all of said lots is hereby made subject to the, following re- strictions or restrictive covenants, which shall run with the land and be binding upon said lots and whomsoever owns the same= to 1. No lot shall be put to any use other than for residential purposes. No portion of any lot or late shall be used for "roadway" either public or private, except that a portion of any of ay be used as a driveway incidental to the normal use of such lot mfor ms» idential purposes and with the further exception that if in'the discretion of the developer of this subdivision, J. H. Hobbs, it appears advisable to use any lot or lots in this subdivision for a street or roadway in connection with the further development of said such lotion otstas adstreetgor roadway $Pr videddlohooweveer, thatalot 12 in Section 6 shall be exempted from this provision of these restrictive covenants and any other provision of these restrictive covenants which would prevent its use as Pumping station for a community water eye n of a well and 2. No building shall be emoted, al �„�,� u permitted to remain on any lot other than dwelling not to exceed two stories in hsiad g.®r ly g re single .garage for not more than two cars. No such era story in height and shall never be used Fe kind, eitherr for guests, members of the f ipa uarter of any construction or maintenance of so-called are a rtmant, and the lots is expresslyan garage apartments• an any to be built on ayplotishall 'first be submittedit, athe devailoolperr, g J. H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention f the developer to ., o maintain a uniform plan of development# with respect to design. six*, In tthis atubdivi®iomral appsarancaiof the. stsuoturas to be areoted }.I�:; I°,; c'r tl Es. '7g,CF ." ,. „(, ., 11." �,� Ire .r. I��.,o,� rG"L% "��' ,"r,bff'Pp; r .,;1 true Faf �e�,t:�',, � Y11�f.'4•,?'" ,iE� �tl r "�i ��3 ,.; f; f .,, , . �� �, ..,�;; f,� ,� f.: .: ,a �,�, . - ,., f. �« f f �.� ,f ,� } . .- ., � _ w .., . . f. ♦ k;. N u v � If y ., f = f G ki 4 » L� i,/ M f 4,. ., , . 5 �. i4 .. 4 i of a N f s � u♦ i.fti fi 1 f I I 4 i ` �' �, o f � f � f f y i f t f C��.t ��iA �,, ~f f � u I r' e M �� i� 3 +s1i: f M � y . i [ I� + f i w's f z':. is . _ 4 ff f, s f f r f f ... :: a � f, r � � f 4 �# .. Y i � � . � � G. v v 5 i 4 v y +..« f� 4 1 f 1 �v i 1 f rA f A • 4 � � # M %f s rM ,. � 4 s ♦ Y 1 f� ff 4 r t f _ # f ��.i.�._._..,commission expires, 94. STATE or NORTH CA ax" COUNTY OF NEW HANOVER. The foregoing certificate at Public Of Vsk Hah6'Mr Cqmty" is (%a m zy W �Gorre instrument with the "int'4" b. recorded - DraWn by Robert Calder Lawyer. This,the ,27—daynof Mxuk*, 1967— :.Aeceiie& sr,4 16mded kysum. bi H Register of Deeds 0 r% Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 -, Fax 910-798-7751 im Q' \Z E; V� I do c:erbfy flnis f,o' a true �,,wd ccq,','y c'),ftl ye (,JOCUr'IIefIt, fflef,"i ard recorded irNew � Hajrvver Regisl,'.er of Deeds as', ev'�denc- r,,, Book 114o 3212 at P&Ile No 809, C11,brghC, yy'u Getty CbH� ris IRe grster of Deeds 5/2(V202,44 ky RXq &-_\ Prepared by Daniel D. Mahn, Attorney at Law FOR REGISTRATION REGISTER I I: 12 94 NORTHSTATZ OF iI it I <'` ►=117Ji or DZCLAPATICK Of ♦x,''' +r I l or r or BATTLZ PARK SUMMSION ORCTIONS Van,fwT, six Four,this ()C% day of February, 2002, by and between the undersigned Lc sior Own& Sections Four, Five, and Six of Battle Park SubdivL said owners being a majority of the lot owners in said Sectio M ofBattle Park Subdivision; THAT WHEREAS, J. H. Hobbs and wife, Mildred B. Hobbs, were t"m developers of Sections Four, Five, and Six of a subdivision kno as RATTLX PAM, as shown on maps recorded in Map Book 8 at Page 4 Map Book 8 at Page 57, and Map Book 9 at Page 45, all of the N Hanover County Registry;and WHEREAS, on February 27, 1967, the said J.H. Hobbs and wife, Mildred B. Hobbs, caused to be recorded in the Office of the Register of Deeds of Now Hanover County, North Carolina, a Declaration of Restrictions for S*ctions Four, Fivs, and Six of SATTLX »I, which ♦ Declaration ofRestrictions♦ M #! all lots sold in the saidSectionFour,! subdivision,and which are recorded in Book 805 at Page 789 of the New Hanover County { WHEREAS, said Restrictions were amended by that Amen=1 recorded in Book 1499, at Page .1138, of the New Hanover C Registry, and WHEREAS, Restriction I of said Declaration of Restrictions states "No lot shall be put to any use other than for residential r!ourposes. No portion ofanylot or lots shall be `i for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental -to the normal use of such lot for residential purposes and with the further exception that if in the discretion of the developer of this subdivision, J.H. Hobbs, it appears isuse anylot or lots in this subdivision for a street or roadway in connection with the further development of said subdivision and the adjoining lands then said developer may use any such lot or lots as a street or roadway. Provided however, that Lot 12 in Section 6 shall be exempted from this provision of these restrictive covenants which would prevent its use as the location of a well and pumping station for a community water and NWHEREAS, Restrictionof +It Declarationof i states "No building shall be erected, altered, placed upon, permitted to remain on any lot otherthan one detached sing family dwelling not to exceed two stories* in height, and a priva garage for not more than two cars. No such garage shall be mmo than one story in height and shall never be used for livi quarters if any kind, either for guests,• of y" + 1 servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited. The plan and design of any building to be built on any lot shall first be submitted to the developer, J.H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, size, type, cost, and general appearance of the structures to be erected in this subdivision;" and WHEREAS, Restriction 3 of said Declaration of Restrictions states that "No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, upper stories, etc."; and WHEREAS, Restriction 4 of said Declaration of Restrictions states that "No building or structure of any kind shall be located on any lot nearer than five feet from any side line, nor nearer than seventy feet from the front or street line. Provided however, that as to lots 13, 14, and 15 in Section 5 the front and side setback lines shall be left to the determination of the developer, J.H. Hobbs"; and WHEREAS, several houses have been built within the said subdivision which have exterior finishes that are constructed of wood and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the finishes of which are a technical violation of the recorded Declaration of Restrictions; and WHEREAS, several houses have been built within the said subdivision which comply with the front, side, and rear building setbacks established by the applicable New Hanover County ordinances, but which are closer to the front and/or side lot lines than the said setbacks required pursuant to the said Declaration of Restrictions; and WHEREAS, the Developer, J.H. Hobbs, is now deceased, and did not name a nominee to exercise the approval rights reserved to the developer by the said restrictions; and WHEREAS, Restriction 11 of said Declaration of Restrictions states that "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part....."; and WHEREAS, the undersigned Lot Owners, recognizing the nature of modern construction and the need for the modern development of the said subdivision with regard to modern construction materials, setbacks, techniques, house plans and house sizes, and also recognizing the existence of houses already constructed within the subdivision that may, not comply with the aforesaid setback requirements and that may not comply with the exterior construction materials required by the said Declaration of Restrictions, now desire to amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 as hereinafter set forth, pursuant to Restriction Number 11 of the said Declaration of Restrictions. 'ilk, ecq„" i,'Hk Lll f,i „kw r NON TORS, the undersigned, being the Owners of a majority in amount of the lots in sections Four, Five, and Six of Battle Park Subdivision, do hereby amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 of that certain D=CLARATION OF RZSTRICTIONS OF 83MONS YOUR, FIW, AND SIX OF RhTTLZ PARK Subdivision as recorded in Book 805 at Page 789 of the New Hanover County Registry, as follows. 1. axcept as herein provided, no lot may be put to any other use other than for residential purposes. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for romidontial purposes and with the further exception that if it is necessary or convenient to use any lot or lots is this subdivision for a street or roadway in connection with the further dov*lopmont of, or construction on, any lot or lots in the subdivision or for the development of adjoining lands, then any lot or lots in the subdivision may be used as a street or roadway. Provided, howevor, that Lot 12 in Section 6 #ball be exempted from this provision of these restrictive covenants and any other provision of these restrictive covenants which would prevent its use as the location of a well and pumping station for a commmonity water system. 2. No building shall be erected, altered, n, per- mitted to remain on any lot other than one 1family dwelling not to exceed two stories in height, not more t two cars, a storage building or � - house incidental to the use of a swimming po ch garage o,° other outbuilding shall be more t one story +ht ands 11 never be used for living quarters of any kind, either for guests, movibers of the family or servants, and the construction or maintenance of so-called garage t# on any lot is expressly prohibited. 3. No dwelling shall be permitted on any lot which does not have at least one thousand square feet (1000) of floor space of living area. No con rate block, concrete brick, asbestos siding, aluminum siding, cinder block, nor tar paper composition shall be used for the exterior of any residence constructed on any building lot within the subdivision, it being intended that only hems with conventional frame, wood, vinyl, masonite-type hardboard, brick, clay brick, st , stucco, or similar conventional synthetic or natural siding exterior be constructed on the lots subject to this Declaration of Restrictions. 4. Since the establisbment of standard inflexible building set- back lines for location of houses on lots tends to fore* construction of houses directly to the side of other home with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration of Restrictions. However, no house shall be o"ated closer to the front and rear lot lines or arer to any side lot line than the minimum distances established by applicable New Hanover County ordinances. It is understood and agreed that except as otherwise amended herein, all remaining restrictions contained in that certain Declaration of Restrictions of SECTION FOUR, FIVE, AND SIX OF BATTLE PARK subdivision recorded in Book 805 at Page 789 of the New Hanover County Registry shall remain in full force and effect, and are incorporated herein by reference as if fully set out. III 1, , "'o 7,r. fn"'l ��.11ra:9rxjp 1`4`1hl 'Wf1"'r'I2,' ,f ,eS[) / i,F;ll'4;,;f"A s ''r offk5r""" IN WITNESS WHEREOF, the undersigned owners have hereunto set their hands and seals, and the corporate owner has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, all the day and year first above written. • i" Tq73T-Tqv pmpany of Wilmington, Incr en STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, -SPk C4,- - S. Ck rr^-w-k a Notary Public in and for the County anCstatd aforesaid, certify that rvqy, 2:554, personally came before me this day and acknowledged that she is Secretary of Hobbs & Company of Wilmington, Inc., a North Carolina Corporation, 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 her as its Secretary. Witness my hand and notarial stamp or seal, this day of February, 2002. My Commission Expires: NotaFF-IMI—ic �hjs cop/ w"; fik"'d in dic, k':w I C'u"rity "':4'fl4< ✓ )ffj . .. ..... , REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 FN*d For Registration: 02M2002 03:23:59 PM Book: RE 3212 Page: 809-814 I 17777 7 711 [?-": State of North CaroUns, County of New Hanover The fbrogoing certiftste of JOYCE CARMACK Notary Is certiflAd to be correct, This WN of February 2002 REBECCA T. CHRWIAN, REGiSTER OF DEEDS Z -7 -7 -AN �7 i = 1111 -1 ITT TT I IT I I I= IT 7 -,_1 7-i i i -1 -11 T ;T-i I "MITT 43'/ (1 e It t-', a i� U"',ojslf"'�"y' f flk"'Nr' Register of Deeds Register of Deeds 320 Chestnut Street Sulte102 Wilmington, NorthCarolina28401 Telephone 910-798-4530 - Fax 910-798-7751 MrAff-aw 11 t-4 B L I S 14 OD-� cto c" rdfy ti"riis to txa true and acc"�j�rate f,-0�1,)y of tfe c,Jo<A,irrrent fillt cl ar�,f,'J ref,,:orded �n ,"Jew 11ar*v,,n' Re g�ste� ofI')eed!,; Offkc'e as e0de�r�,c',,e in Book, No 5752 at �1�,Iage Pb 14441. MoirgtiiarGetty CoMns' , Register of [,)eeds !3/30/2025 A �,g s�1'13i�,,,',',tan� eptitb P "g ^�" o' Deecls 0 in PIRTIMII( 51 a, kv., 4211 W,-41 gAg jg Winclowyllaw"k, i AU i my: DECLARATION OF FORTEE COVINGTON COMWENITY THIS DECLARAMN is made on the date hereinafter set forth by Bill Clark Homes of Wilinington, L L.C., a North Carolina limited liability (heminafter collectively referred to as P#Declarantl): k1j,!JVVa #WJ#1r-3&Q 0011w0i'las) V 0 MEGRIM* WHEREAS, Declarant desires to create on such property an exclusive residential as "Subdivision"), WINTmivrolll 01111414 1 1 i z all wwwall willow 4a(All vill-W&INT U41ta-P, end, desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North Carolina (the -Aef), and to subject all of the property within the Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter CMAN 1N fw tVe bgW"�.�,Tjjjr.". J =.. 1 1110S fis altrue �,-ind acc:,tnraU,,,�� o."),py as Ned h.-i UIEr New 'iarrovo', Cot,,k)nity 1,`,,`,q.1jstY,,,,�,�, ol' �Dei,.,,,,�ds offioc,,i, IT= all X= �� 101MMUIC Section 1. "Act shall mean and refer to Chapter 47F of the General Statutes of North Carolina, designated as the North Carolina Planned Community Act. Section 2. "Association" shall mean and refer to the COVINGTON PROPERTY OWNERS ASSOCIATION, INC a North Carolina non-profit corporation, its successors and assigns Section 3. "Builder" shall mean and refer to any persons, firms or entities to whom or 7 a Dwelling thereon Spgkm "Common Area" shall mean and refer to any and all real property, together with any improvements thereon, shown on any recorded subdivision plat of the Properties, with the exception of any Lots, as said term is defined in this Declaration. Common Area includes all sidewalks, recreation areas, roadways, and streets within the Subdivision. Except as otherwise provided in this Declaration, the Common Area shall be maintained by the Association or its successors in interest unless dedicated to public use as set forth herein Section 5. "Declarant" shall mean and refer to Clark Builders, LLC., a North Carolina limited liability company. It shall also mean and refer to any person, company or entity to whom or which Declarant shall assign or delegate the rights and obligations of Declarant by an assignment of Declarant's rights recorded in the applicable public registry for New Hanover County, North Carolina Sgon #. "Lot" shall mean and refer to any plot of land, with delineated boundary lines, shown on any recorded subdivision plat of the Properties In the event that any Lot is increased A r decreased in size by recombination or resubdivision through recordation of new subdivision plats, any newly -platted Lot shall thereafter constitute a Lot 2 5/15/2013 '11'0s �s atrue arNiJ aacurate copy &s,; fi'jk,,d Rleg'Vsar'.T 1, � r "Dee��Is office. Section 7 "Member" shall mean and refer to every person or entity who or which hok membership in the Association. Section 8. "Owner" shall mean and refer to the record owner, whether one or mol persons or entities, of fee simple title to any Lot which is a part of the Properties, includin contract sellers, but excluding those having an interest in a Lot solely as security for th performance of an obligation. Section "Properties" shall mean and refer to the property described in Exhibit A to th Declaration and any additional property annexed pursuant to Article R of this Declaration. Section 10. "Unit" or "Dwelling" shall mean and refer to any building or portion therec 7X417,374-MIUR #W MIEWnt; 1; 1 , f IWO AM VdTB3N TM JUIUMICTION OF IIU COVINGTON COB01UPUff M Me R04 A (the "Exhibit B Property") may be annexed by the Declarant without the consent of the Members such property pursuant to this Section may increase the cumulative number of Lots within the ,Q"*es and. therefore. mav alter the relative maximum votine strength-of-the-vanous- tv#-,es of IVIIIU441 V� A supplementary declaration may contain such complementary additions to ani containe.4, iTJUs Deela7vitio 3 5/15/2013 I I ell "' � h Nev��, �Ianover Clblt,�r,Ay Reg'�'ster of Dee,,,,.Is offkcel a true and acct),rat(,,,,1; CO�Dy a,5 fUE,1,,C1 I WA �WM=Mwn IND iu% W It 11-U-14 4 171:.14CL to aAIVA NUT M1M—MVt"Mft7'pT purpose of removing any portion of the Properties then owned by Declarant or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Subdivision. Section 7 Good Faith Lender's Cl4gig Any violation of Ove-se covenants, conditions or restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or commercial Unit, which liens may be enfbrced in due course, subject to the terms of this Declaration. I tv! [* A 4 I'l tW4110 )X71011 V 4 5/15/2013 71"6is is a tYue and aq':u.,Y,raNi a,,')py as ir'� the C',,t'.,mnty PI�egis�,',xer cif Deed n',' .......... -=;W 777=6 4 1 A-T"F-Jr-4-yX#]R =WTIF47 (c) Declarant's Voting Itights Until the Class B Lots cease to exist, as provided above, Declarant shall be vested with the sole voting rights of the Association on all matters (including election and removal of directors and officers of the Association), except such matters as to which the Declaration, the Articles of Incorporation, or the Bylaws of the Association specifically require a vote of the Class A Members. F41 k14 of 114111#1 "Ipy 11111% 't J pass with title to every Lot, subject to. H ............ . 5 5/15/2013 AGE ¢F 1s a tnw mid acaira'brcopy as fled Irk U`W, Mm Fianover Q,,"nfr,,'0y of Deefds exceed sixty (60) days for any infraction of the published rules and regulations of the Association. (c) the right of the Association to dedicate, sell or transfer all or any part of the Common Area to any public or quasi -public agency, authority or utty for such purposes and subject to such condons as may be agreed upon by the Members After Class B Lots cease to exist, no such dedication or transfer shall be effective unless the Members entitled to at least 80% of the votes of the entire membership of the Association and at least three -fourths (3/4) of the votes appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their agreement by a signed document recorded in the applicable public registry for New Hanover Count-,,r North Carolina Nothin herein shall be deemed -to prohibit Association, without consent of the Members, from granting easements over and across the Common Area to any public agency, authority or utility for the installation and maintenance of sewage, utility (including cable television) or drainage facilities when, in the opinion of the Board, such easements are necessary for the convenient use and enjoyment of properties within the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be =,"he-xi"al Im-refil if the WgWil -"-e purposes (d) the right of the Association, to borrow money and, after Class B Lots cease to exist, Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, provided that the rights of any such lender or y —rig—hts—o—ffte—M—emro��-� forth herein (e) the right of the Association to exchange all or part of the Common Area for other property and consideration of like value and utility, provided, however, that, after Class B Lots cease to exist, any such dedication shall require the assent of the Members as set forth in subparagraph (c) above, and further provided that, if the Board of Directors of the Association determines, in its sole discretion, that such exchange is necessary to cure an encroachment or setback violation on any Lot, the Board may effect such exchange without the consent of or approval by the Members (f) the right of the Association to open the Common Area and, in particular, the recreational facilities constructed thereon, for use by non-members of the Association. (g) the right of the Association to expand or add to the Common Area and to improve, maintain and operate the Common Area. (h) the right of the Association to adopt, promulgate and enforce rules and regulations concerning the use of the Common Area. (i) the right of the Association to otherwise deal with the Common Area as provided in the Articles of Incorporation and Bylaws of the Association 6 5/15/2013 f rt�s is a tn,�e and ai.,jpy as 'Rk-.:df, rn fast',ilk',m Jr-rano%(er O.mt,,,n1l"Y Dq" CP 'J j Lot shall not affect any assessment hen; however, the sale or transfer of a Lot pursuant to ILI I M M.MITIMIM"77#673 of any first mortgage. 4t _771-77 f Imirectors to be necessary or desirable Amounts paid pursuant to this Section shall not be considered as an advance payment of any regular or special assessment. Section 12. Exempt RmVM All property dedicated to and accepted by a public by the laws of the State of North Carolina shall be exempt from the assessments created herein. Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be exempt from said assessments. Fil 'k 4 V N P W"! V "VAM "ANINT711 7a the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon n2give M;ITY. of the fi=cial statement for the immediately preceding fiscal year. Section 2. Notiq�_�Leqd. After Class B Lots cease to exist and upon written request 6c- owner or holder of a fiat tortgage on written notice of: (a) Any 60-day delinquency in the payment of assessments or charges owed by the Owner of the Lot securing its loan (b) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the, Association. (c) Any proposed action that requires the consent of a specified percentage of owners or holders of first mortgages on the Lots. 12 5/15/2013 1,,'hs is a true artd copy as filed (n t;he l4ew I-�ianover Courfty, ReglsU,,,;,,r al' De".-cls office, aection 3. Awroval of Owners and Holders of First Morton After Class B Lots cease to exist, unless at least seventy-five percent (750/*) of the owners and holders of the first mortgages on Lots located within the Properties have given their prior written approval, the Association shall not. (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer any real estate or improvements thereon which are owned, directly or indirectly, by the Association. The granting of easements for utilities or other purposes shall not be deemed a transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the �,mvided in Section I(c) of Article IV of this Declaration, or to require the approval of such exchange by the holders of first mortgages on the Lots, (b) Change the method of determining the obligations, assessments, dues or other charges which may be levied against a Lot; (c) Fail to maintain hazard insurance on insurable improvements on the Common Area insurable value, or (d) Use the proceeds of any hazard insurance policy covering losses to any paA of the Common Am for other than the repair, replacement or reconstruction of the damaged improvements. Section 4 Payment of Taxes aAn hisimmcc Prmt The owners or holders of first un mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and which have or may become a charge or hen against any of the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy covering property owned by the Association. The persons, firms or corporations making such payments shall be owed immediate reimbursement therefore by the Asvwiation. Section 1. Access and Utility EasenictL 4 Easements for the installation and maintenance *f roadways, driveways, walkways, water, gas, telephone, cable television and electric power transmission lines, sanitary sewer and storm water drainage facilities, and for other public and frrivate utility installations are reserved as shown on the recorded plats of the Properties. The Association may reserve or grant easements over the Common Area as provided in Article IV, Section I(c), of this Declaration. Within any such easement herein provided, no structure, planting or other material shall be placed or permitted to remain which may interfere with the tirt. 4or pg t it'll "Apipill 611 For a period of thirty (30) years� from the date hereof, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and 13 5/15/2013 ThOs hau um',,,v, am."I ac�"'zu� "'Ote ccpy as fn. t,"he New SriarYuver County f,ZA,gster of D,(,,�eds c),"�"flce,, activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that it deems reasonably necessary or appropriate After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original conchtion to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. Section 2 Easements for Governmental Access. An easement is hereby established over the Common Area and every Lot withm the W"s for the benefit of aiDnlicable MW7.77MVITAIMM-7 sewer facilities, and acting for other purposes consistent with public safety and welfare, including, without lunitation, law enforcement, fire protection, garbage collection and the delivery of mail. Spg;tion 3. Owner's Emment and Right of Ep or Repair. Maint �y f -on" and Reconstruction If any Dwelling is located closer than five (5) feet from its Lot line, the Owner thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably of orm maintenance or reconstruction of such Dwell* Such work I be perfonned by the Association SectLon 5 Easement Over Common Area A perpetual, non-exclusive easement over the Common Area is hereby granted to each Lot and its Owners, fiamly members and tenants of such Owners, the occupants of such Lot, and guests and invitces of such Owners, tenants or occur-=,,ts . fo idin r the DturTvse of 3mmA in- access, ingress and egress to and from parking areas and walkways serving the Properties and to and from adjacent public roads. .$i;4�n 6. jEase nents Lor Rogdwa ta ed for the I— _ ----y-Access. An easement is hereby es blish benefit of the public over that portion of the Common Area designated as streets, roadways or other right-of-ways on the plats of the subdivision, for the purpose of providing access, ingress and egress to and from to and from adjacent public roads 14 5/15/2013 'R 't'lu" Section 3. V Mpgo. The ARC may recommend to the Board, and the Board may, by the vote or written consent of a majority of the members thereof, allow reasonable variances as to the covenants, conditions or restrictions contained in tins Declaration, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of the Property Variances contained in with the provisions of this Section. 4 WIPPRI 5sgOval. General Rules of Law to A ly. The general rules of law regarding party walls, lateral support in below ground construction and of liability for property damage due to negligence or willful acts or ornissions shall apply to each wall which is built as part of the original construction of the Dwellings within the Properties and placed on the dividing fine between the Lots, and all reconstruction or extensions of such walls, to the extent not inconsistent with the provisions of this Article. Section 2 ShariLig of RMK and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use W441 Ma V'ffJ1J:-f 0 proportion to such use without prejudice, however, to the right of any such Owners to call for E larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions il�& MZFMI Farl'o M -Tc ?IW MUrly I'Mr 71, 11, "M "MIN ..'113T., 47M =7 !06621 (WISUITI situ nly-IT or UnKy 14TH I Common Area to the extent reasonably necessary to perform repair, maintenance or reconstruction of a party wall and those improvements belonging to his Lot which encroach on an adjoining Lot or Common Area. Such repair, maintenance, or reconstruction shall be done r-7111 I =J"ITH.-IMMUT, 77. HEMINJ the work as is reasonably practicable. Sedion 5 We@ther-proo&g. Notwithstanding any other provision of this Article, an AkTAMiz-.a or -4ii "fi&UP, et; Mlowts- "W'-a al 11w gg@M RIM117MMSIMEMP VIRSI'llusill oil RM) I FITS 4IT471 7 T -, 0 1 to from any other Owner under this A cle shall be appurtenant to the land and sM PRO IFRUC Owner's successors in title. 16 5/15/2013 . , 4, � acrl,.ame' (,,,,icq.')y e,,�s' He,',J, �n tJr',.,e Hanc.-Ynver Couw"Ay �,Reg!ster of Dz',,,ecIs offir,',e- irormce as it deems necessary or advisable. The premiums for such insurance shall be a common expense paid from the annual assessments provided in Article V of this Declaration. The Association may cause any or all persons responsible for collecting and disbursing monies of the Association to be bowdijk-i. Mr 1 the North Carolina Nonprofit Corporation Act (Chapter 55A), as from time to time amended, and every other right or privilege reasonably necessary to effectuate the exercise of any right or privilege or the taking of any action authorized herein or therein. 5�ion 6. Declaranfs Reserved Rights; Associatioifs Oblig;gon of Cooperation. The 771,17=1 into the Properties and, upon request of Declarant and without further consideration, shall execute any document necessary to evidence such acceptance Until such time as Declarant and Builders have completed all of the contemplated improvements and have sold all of the Lots within the Subdivision: (a) Declarant shall have the right to alter the boundaries of the Common Area, whether or not it has been previously deeded to the Association, subject to § 47F-3-112 of the Act, and Trovided that such alteration does * not substantiallII? 'A 'A J---, 1Vzn1;W-FAeC and use of the Common Arm The Association and each Owner hereby irrevocably appoints the Declarant as his attorney -in -fact to execute and/or deliver any documents, plats, deeds, or other written matters necessary or convenient to accomplish the addition of Common Area or Properties, or both, to create casements as deemed necessary by Declarant, and to adjure the boundary or boundaries of the Common Area. (b) Neither the Association nor its Members, nor the use of the Common Area by the or the marketing and sale by the Declarant and the Builder of Lots and homes (c) Declarant and each Builder shall have the right to make such use of Lots and the Common Area as may facilitate completion of development and sale of Lots and Units by the Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to maintain or permit the Builder or others to marntam sales offices, model Dwellings and Units, administrative offices, and construction offices (which may be trailers or temporary or permanent builchngs), or any or all of same, on Lots or the Common Area Declarant and the Builder, with the Declarant's approval, shall also have the right to erect and maintain sips on Lots and/or the Common Area, to bring prospective purchasers upon the Common Area, to -use Mf 0 is 5/15/2013 Fi'Os is a bue a n�J, a d cq,,,�yeis fflecJ h UK� �,Ievo over (1'am'Ly iReg is ot" Ds,,,�eds W.3111 =007MMI 11")= to MUM Moncji to IT NITIMNUITTI ITI SIGRAW11011113 "Ilu upon such terms and conditions as to which the Declarant may agree. Payments due to the Declamnt under any such loans may, at Declarants opuon, be credited against any assessments coming due at any time from the Declarant. (e) in addition to all other rights of the Declatant, no amendment shall be made to this Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the Association, so as to modify the assessments or other charges applicable to the Declarant or a Builder or assessed against the Lots owned by either, or which shall restrict, impair, or, in Declarant's sole judgment, materially adversely affect the activities of the Declarant or the Builder with regard to construction, use of Common Area and delegation of the right to use the Cominon Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not such activities are enumerated in the preceding paragraphs, without the express pnor written coww �t�-.ent NUT Ifff 7 size of the Common Area to less than, the area required by the appropnate governmental authority as of the date of this Declaration. f,"Da 01 15r4l MI IT IUM'T -11.ZURT UIS, solicitation of residents of the properties; and, (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the secunty or safi* of other residents of the Properties, as may be determined in the sole discretion of the Board. The terms "business" and "trade", as used in dns provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time, (b) such activity is intended to or does generate a profit; or, (c) a license is required. 19 5/15/2013 flri�s is a Un." aid acc;ura,'Ua as filed 1r,-4 the Nevv -'Wiov&, ('Ibuxfty NegisW', of Deij,-.,,cJs, (.,0k:e,, A V INIMM set out in this section. Section 11. Walls. Fences. and Hedges. All walls, fences, planters and hedges shall be the Declarant or the ARC The design, materials and placement of all walls, fences and hedges shall be approved by the ARC prior to construction pursuant to the approval requirements of Article VIII, Section 1, of this Declaration. 1IM Rim KIII(Q111 ft or trym ot7p y Impru; 71n;TAMIt Mat aus altal not i:q _U t, -0, " antennae specifically covered by 37 C F R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discrimmatory restrictions relating to safety, location and maintenance of antennae An antenna permissible pursuant to rules adopted by the Association may be installed only if it is approved by the Association pursuant to Article VIII hereof Section 13 Visual Obstru tersections of Streets. No object or thing which ictions at the 1&_ olx-�ructs siglWaMevations- - 11 L abo I J. �s uwi twenty-five (25) feet from the junction of the street curb lines (or extensions thereof) shall be placed, planted or permitted to remain on any comer lots. Section 14. Leased Units An Owner may lease or sublet his Unit; provided, however, lie for all-;irst siy f -# # && errd coT.tgiTv*e foll -Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of Covenants, Conditions And Restrictions For the Covington Community, recorded in the applicable public registry for New Hanover County, North Carolina. Tenant acknowledges that gulations of the Association and is familiar with the provisions of same." If an Owner fails to include said provision in any lease or sublease, it shall tZ conclusively deemed to be included and part of said lease or sublease. Owner shall ftunish Association a copy of any leases or subleases of his Unit. I 22 5/15/2013 PrOs is a ard aoi,,,Lwate o,,)f:�,y a6 ffled Cry tir�.e Nyv Coif" 011[�Y r old,` Deeds of flcE:11 Section 3. Administration of Permit. From and after the transfer of Declarants responsibilities under the Permit applicable to the property annexed into the Property and from and after transfer of the Permit from Declarant to the Association, the oversight, supervision, Section 4 Easement for Upkeep and Enforcement The Association hereby is granted and conveyed an easement over, under and upon each Lot for the purpose of access to and upkeep of all Stormwater Management Facilities and to enforce all requirements of the Permit. 416MWAOM I "'Tki have, and hereby is qnLted and ==.ed, an easement over. under and uz)on each annexed Lot for the purpose of access to and Upkeep of all Stormwater Management Facilities located upon such additional property and to enforce all requirements of the Permit. Section 5. Permit Covenants. To ensure ongoing compliance with the Permit as issued by -IF Wl"laT6 infiltration basin or the street. Lots that will naturally drain into the system are not required to provide these measures 25 5/15/2013 'n,,,,Eis is a aw"d aco,.xa'(x,,, copy as filled N,i tt�e Nevv Fiar,we� ', Rf:'Ilglsteof (,Aflcllell (d) No Person may pipe, fill in or alter any drainage features (such as swales) shown on the approved plans as part of the stormwater management system without submitting ii revision to the permit and receiving approval from the Division (e) Built -upon area in excess of the permitted amount will require a permit modcation. (f) No alteration of the drainage for the Storinwater Management Facilities ix *-,%0-- peximit *X V7'?'r'Vtt 2[lg-Ts prior written consent of the Division of Water Quality. (g) If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of Built Upon Area I . . . . . . . . . . A 'M twxr, TMULT I , t It t t and five of debris but shall not remove any wetlands species or do anyihmg that would affect adversely water quality within the water retention area No structure of any type shall be permitted within the water retention areas, drainage easements or drainage swale areas. Swimming and bathing in water retention areas are prohibited Docks or other structures shall not in water ion areas with k i Sectio I :ement. The Association or any Owner shall have the right to enforce, by g_ proceeding at law or in equity, all restrictions, conditions, covenants, nwmations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the 1--nociati 1 geadl C*1T= gall i; no evwt right to record in the appropriate land records a notice of violation of this Declaration or the Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines promulgated by the Association and to assess the cost of recording and removing such notice against the Owner in violation of the Declaration. 26 5/15/2013 1"Ns is ,:tl arv'J acloun,,'tte coq.,'q as ffled in I �h.e New Faar"DVET Cmn'tty of Dee ; c4flce,, III - I � IKIINff �11 lla;��Ifl -W—M =117 I mr C07MATT-14 10,1rarum—M rule. M��Omm (1) Except as provided in this Section, the Association may not commence a legal proceeding or an action under this Article without the approval of at least two-thirds of the Members. The foregoing shall not apply to. (i) actions brought by the Association to enforce the provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association (hereinafter collectively referred to as the ("Goveming Documents"); (ii) the imposition and 91 M*1*11111;41, Tgp MI: i —T o n 77, 1 a Y a, improvement, Declarant shall have the right to b� heard by the Members, or the particular Member, and to have access to inspect and correct the condition of or redesign any portion of any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute. (b) Alternative Method for Resolving Diaputes Declarant, its officers, directors, employees and agents, the Association, its officers, directors and committee members, all Owners, Members, any Builder, its officers, directors, employees and agents, and any other I GM 0117=7RII r- T TRITITr TTE AMM-91" to submit those claims, grievances and disputes described in Subsection (c) hereof (herein refenvd to as the "Ciaime) to the procedures set forth in Subsection (d) hereof. (c) ClNms. Unless specifically exempted below, all Clams between any of the Bound Parties, regardless of how such Claims might have arisen or on what they might be based, including, but not limited to, Claims: (i) ansing out of or relating to the interpretation, 7 not be subject to the provisions of Subsection (d): (1) any proceeding by the Association against any Bound Party to enforce the provisions of Article V of this Declaration* 2-4 5/15/2013 "Tihis :S a tr,,@e ard ao,,.,,.uraU,� t:qj,,q 4,6 N,,k 'ti Nevv i larmver (-`0urR.,,y F�,egisterof Deer,,Is offlk�e, (2) any proceeding by the Association or the Declarant to obtain a temporary restmining order deem necessary in order to maintain the status quo and preserve the Associatioris or the Declarant's ability to act under and enforce the provisions of Articles VIII and XI of this Declaration; (3) any proceeding between or among Owners, which does not include the Declarant, a With the consent of all parties thereto, any dispute involving any of the foregoing cxcepted actions may be subtrutted to the alternative dispute resolution procedures set forth in Subsection (d). (1) Notice Any Bound Party having a Claim (the "Claimant") against any other Bound as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (i) the nature of the Claim, including the persons or entities involved and the Respondenfs role in the Claim. (ii) the legal basis of the Claim (i.e., the specific provisions of the Governing Documents or other authority out of which the Claim arises); (iv) the fact that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 10199== (i) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation If requested in uniting, �,-T -'T I qj L,2"W,i xs -,-q- representative to assist the Parties in their negotiations. ( ii) If the Parties do not resolve the Claim within 30 days after the date of the Notice (or within such other tame period as may be agreed upon by the Parties), Claimant shall have an additional 30 days in which to submit the Claim to mediation under the auspices of the American Arbitration Associationin accordance with the AAA!s Commercial or Construction Industry Mediation Rules, as appropriate 30 5/15/2013 j , , � Jt ffn Ftds Ls a true wnd acx,,,irate, capy as 1"Hed h �,he 1`4ew -la �-nover (),OLHIRly Kf`.-'!,91,,,,.Aier cA .,eecs (iii) If Claimant does not submit the Claim to mediationwithin such time, or does not appear for the mediation. Claimant shall be deemed to have waived the Claim, and Uadilgiff ? �f% to any person or entity other than the Claimant. (iv) Any settlement of the Claim through negotiation or mediation shall ii. ting W _111�K4.41NI W W"11110iWiM W01_41146 V�Tj - mii_ 4w as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the VAXV-� P 1 r) NIT 751,�TWHTEWE WILIVII-LE IX lftWt RIME (d). In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non -complying Party (or, if more than one Party is in noncompliance, from all non- complying Parties pro rata) all costs incurred by such Party in enforcing the agreement, including, without limitation, attorneys' fees and court costs. (i) After Termiruition of Mediation, Claimant shall be entitled to submit Claim to final, binding arbitration wider the auspices of the AAA in accordance with the Commercial or Construction Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall red 1_ submitted to or decided by or in a court of law. Any judgment upon the award entered by 4bitrator may be entered in and enforced by a court of competent jurisdiction. If the o -claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, Claim shall be heard and determined by three arbitrators Otherwise, unless the Parties ,„gree, the Claim shall be heard and determined by an arbitrator. An aarbitrator pertise in the areas) of the Claim, which may include legal expertise if le issues Envolved. (ij) Each Party shall bear its own costs of the arbitration, including attorneys' fees, and each Party shall share equally all fees and expenses of the arbitrator and the administrative fees of arbitration i 19"Tavoll Itausuk"Im, WitgA1.1771 1107T.7."T) 017.ity V�'.Rit) WWL-11M.4) oil 31 5/15/2013 fl,'ft kS ar,cl acct,,�V,We copy as filed hr(Nevv Cot,�rfly FZegist&, Deeds offic,,,e, Claim shall be decided by the arbitrutor(s) (iii) 'Me award of the arbitrators shall be accompanied by detailed written findings of fact and conclusions of law. Except as required by law or for confirmation of an award, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the pnor written consent of all Parties involved in the arbitration. JUM�174 of I# 32 5/15/2013 11"O,s rs a trtw and, cpy &.',,u fRed in the,, New Hanover Rllegslrtfe'�,r of Deeds.' office. DECLARANT: I Bill Clark Hones of WMw� �r. Vp. 1, 150q(t CS, C4W (T,,-ACr-- a Notary Public of the County of [�,j 0 and for the State aforesaid, certify that w) kA 1�- and C�-r aL'^kO- known to me, personally came before me this day and acknowledg that they are CtN& v%& . ............... ...... of Bill Clark Homes of Wilmington, LLC, a North Carolina Limited Liability Compan3Q and firther acknowledged the due execution of the foregoing instrument on behalf of said Limited Liability Company Witness my #mind and official seal, ®5 the day of ---�,t,2013 lzi ti'\e C) ........ % 0 70s v Woiiiy PubliC Printed Name :Sovcr' C qw-v" %%.Pus Expires: 12 46-16 33 � a trte arucl WIC cft,wate 4opy as filedn U"te Ni,,'w Hanover ('o"n cLy cA 5/15/2013 34 5/15/2013 Tlhs is a tn.,ie and d-Op;y, as Med 4 �4ew Hanover COUnty Register Do-Aed ioffice, Page 729, of the New Hanover County Registry, save and except that property described in Exhibit w fh,,Ns Rs a tftk,ar,,, d, a ccurate copy as flqed, 6n Uhe NNm Illafnovo, Cousty Regisil d: Deeds off L40 WIN Taw,m*] a plao WILMINGTON, NC 28401 36 POS $106.00 State of North Carolina, County of Now Hanover all& I * 2 0 13` ' " a2.ATUE,, an�,J accurat!,.'.! ncpy as Red b the INew @iwnuver' �'Z;egmte" I , c)f DI'm.-As offfb'.�, f Register of Deeds Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 * Fax 910-798-7751 I dc,a I iere�,,ay cervf�,a fl,6sto b," a U,ue and accurat�e c,4,ay oflJhe cfcx,i�,wnent f"Ik'c arid r(,,cc)rded k"t Nf,"w � larxc'wer Regsteiof Deeds ()ffice as eaMerwce un Book *,� 6279 at Page No 12F,,�!5, Morgl'ian Getty Cofliras, F,'�,eqoster of !)eecls !'3/30/2025 Book 6279 Page 1285 W Drawn by and Return to: Moore & Alphirt, PLLC 3716 National Dr, Ste 100,, Ralsigh NC 27612 NC FEE $82M 2020002489 ,4EW HANOVER COUNTY, TAMMY THELISCH BEASLEY REGISTER OF DEEDS EXTX $U0 ELECTRCAICAUX RECORDED W-1 EASEMENTS, CHARGES AND LIENS FOR CONGLETON FARMS X 11, 0 W KIWIS 01 KV V COK11 ILI submitted electronicall by "Moore & Alphin, PLLC" in compliance With NortK Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deedl Tl'�",,,I�,,i true a. d acr:( wate cq;,,' as Red 'irf t,[,e Neva, k,,ianove,,,, Clo6,.,,,,,nty Reg�,,,, er of [)eef,,,,,Js o,""r."ce. Book 6279 Page 1286 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR CONGLETON FARMS THIS DECLARATION is made on the date hereinafter set forth by Clayton Properties Group, Inc., a Tennessee corporation, doing business as Mungo Homes (hereinafter "Declarant"), WHEREAS, Declarant is the owner of approximately 43.8 acres of land located Ne Hanover County, North Carolina described in that deed recorded in Book 6182, Page 1135,.Nell Hanover County Registry, and being more described in Exhibit A attached hereto and incorporat( he single-family houses known as CONGLETON FARMS (hereinafter sometimes referred to as t "Subdivision"); and 11 Cunctions; and -M-lytoRCTU OT UUMIFal'i successors ant assign and shall inure to the benefit of each owner thereof N ,Ws s z� ard aca.Jri.,,'Yte cq' ,.,,y as filed tl'ie Hara,Ver Cor'O:y P`,egrsterof" Deeds affice, I U Of 3, 11911111#3 I 11111111:�Iyq�= tit 77 III UTIS t IT ITT ail] oul provision of this Declaration. Section 1. "Acf' shall mean and refer to Chapter 47F of the North Carolina General Statutes known as the North Czr,.vfin;v,-Pb!. Communitv Act.. ,?.s the svme mgj be,,qtrjje7cde4j frort Section 2. "Association" shall mean and refer to the CONGLETON FAR HOMEOWNERs AssomnoN, INC. a North Carolina nonprofit corporation, its successors a assigns. Ll Section 3 "Board of Directo&' and "Board" (the terms being used interchangeably) the affairs of the Association as provided in Article V of the Bylaws, and is the "Executive Board" as defined in the Act. Section 4. "Builder" shall mean and refer to one or more Persons in the business building and selling homes to individuals and selected by Declarant to purchase Lots and constru homes for sale in the Property. I Section 5. "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time. Section 6. "Code" shall mean and refer to the Wilmington, North Carolina, Code Ordinances, as amended from time to time and includes all duly adopted regulations, rule directives, and policies of the Town pursuant to or in furtherance of the Code. 11 Section 7. . "Common Area" or "Common Property" (such terms being us in erchan all ............ utility Common Area may be owned or leased by the Association or it may be owned by anoth Person with the Association having a right or easement therein (for example, part or all of a priv storm water drainage easement located on either a Lot or real property that is not part of t Plr�ls lvi,,�e ard a.,ccu�,,ate copy as filed II1 the Ne%,1,w' CouMlo Reg,. tei," of Deeds office, Book 6279 Page 1288 all islands and other landscaped areas within the public streets wi in the Properties. Common Area shall be maintained by the Association or its successors in interest unless dedicated. to public use and accepted by a public agency, authority or utility, or conveyed to another non-profit corporation organized for such purposes. Common Area, if any, established by the Declarant or the Association for the benefit of fewer than all of the Owners and occupants of the Properties is "Limited Common Area", and such Limited Common Area and the Owners and occupants of the applicable portion of the Pro,,verties for whose benefit the Limited Common Area exists are sWect to the same those applicable to Common Area, Section 8. "Common AreaEasement' 'shall mean and refer to Common Area as to which the Association has only an easement interest, and not a fee simple interest. 4 a trC 'fe arxJ accurate fflIed in til,re Nev,,,,, Hanovei 0,,,,it ff'�ty of Deeds 0,9,11c e. (1) Costs and expenses for which the Association is obligated under any encroachment agreement or other agreement with the Town or other Governmental Entity; (m) Financial obligations of the Association or financial obligations of Members with respect to which the Association has responsibility for collection and payment; (n) Expenses incurred by the Association in performing its functions and providing services, including operating, management, enforcement and administrative expenses; and (o) Expenses agreed by the Members to be Common Expenses of the Association. Section 10. "Declarant" shall mean and refer to Clayton Properties Group, Inc., Tennessee corporation. It shall also mean and refer to any person, firm or corporation to whom Declarant's rights.recorded in the New Hanover County Registry. Section 11. "Declarant Control Period" shall mean and refer to the period of time during which the Declarant may appoint or remove the members of the Board of Directors of the Association. The Declarant Control Period shall terminate upon the earlier of the following to occur-, (a) December 31, 2039-7 (b) the later of 120 days or the annual meeting after the date on which one hundred .,cent of the Lots in all phases of the Subdivision that may ultimately be subjected to this Declaration have been conveyed to a Class A Member, or (c) Relinquishment or transfer of all Special Declarant Rights as provided in §47F-3-104(c) of the Act. thereto and supplements thereof. Section 13. "Governmental Authority" shall mean any applicable County, City, and all other governmental entities or quasi -governmental entities having jurisdiction over the Properties or any part thereof, and all applicable departments, divisions, sections, branches, agencies, and subdivisions of such Governmental Authority, t ullroll alumul WIL11111 Ulu © 01CU11 0111 1 : A K' I � S UY ucluFain'y as a residence by an individual or by one family unit, whether by the Owner thereof or by tenants or lessees of the Owner. A Dwelling shall be deemed to constitute aDwelling upon issuance of a certificate of occupancy therefor. Section 15. "Lof' shall mean and refer to any plot of land, with delineated boundary lines, shown on any recorded subdivision map of any portion of the Subdivision (regardless of whether the Lot has been subjected to this Declaration as provided in Article H hereof) and intended for the construction thereon of a Dwelling, with the exception of any Common Area owned in fee by the TNs ls a 'e ar. )d �qy as I led 'ri the New "ri «vei urity Reo,,,,,fter of:` De�s office, Association, and any street rights -of -way shown on such recorded map. In the event that any Lot is increased or decreased in size by recombination or re -subdivision through recordation of a new subdivision plat, any newly -platted lot shall thereafter constitute a Lot. Section 16. "Member" shall mean and refer to every person or entity who or which holds membership in the Association. Section 17. "Ownee' shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot or Development Parcel which is a part of the Properties, including contract sellers and owners of an equity of redemption, but excluding those having an interest in a Lot solely as security for the performance of an obligation. UUM I Mau wal"ADMIC-Al Section 19. "Sub -Association" shall mean and refer to a North Carolina nonprofit corporation organized and existing under the Act for the purpose of owning, managing and/or maintainin that Sub -Association' mm-#,,n Pr ................ ARTICLE H AND WITHIN THE JURISDICTION OF THE CONGLETON FARMS HOMEOWNERS ASSOCIATION, INC. Section L EXigin&EL2=, The real property which, at the time of recording of this Declaration, is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration, and which is within the jurisdiction of the Association, is described on Exhibit A attached hereto. M11 a true ard acourate cqay ae-,; ffled `i the New Fiar�cw&r CoUnty Reg.ster ofl,"'k,::e. the annexed property shall convey to the Association all Common Area located within the new f annexed property. Title to such Common Area shall be conveyed in the same manner as set 01 in Section 3 of Article IV of this Declaration, NMI Section 1. Membership. Declarant and every Owner of a Lot which is subject to assessment by the Association shall be a Member of the Association. Membership shall be Section 2, Voting Rights. The voting rights of the membership shall be appurtenant the ownership of the Lots, i IM= ,I,, am (a) Class A. Members. Class A Members shall be the Owners of all Lots exce-M those owned by the Class B Member (as hereinafter defined). When more than one person owns interest (other than a leasehold or security interest) in any Lot, all such persons shall be Membe M. nd the voting rights appurtenant to their Lot shall be exercised as they, among themselv determine; but fractional voting shall not be allowed, and in no event shall more than one vote cast with respect to any Lot. Class A Members shall be entitled to one (1) vote for each Lot. La, owned by Class A Members shall be "Class A. Lots7. (b) Class B Member. The Class B ] Member shall be the Declarant. Subject the provisions of this subsection, Declarant shall be entitled to nine (9) votes for B f Areach Lot that owns (each such Lot being a "Class Lof'), Assessment of Class B Lots is governed by provisions oticle V of this Declaration. Upon expiration of the Declarant Control Peri Declarant shall have one vote for each Lot that it owns- however such Declarant -owned Lots s Section 3. Declarant's Rialit to ADDoint Directors and Officers of the Association, Section 5. Legal Actions Against Declarant and Owners. The affirmative vote &—grcf&cr of votes in the Association first shall be required prior to the Association doing any or all of t following with respect to the Declarant, any successor Declarant, any Owner or any Memb regardless of whether such Person is the Declarant or is an Owner or Member at the time t Association takes the action or obtains the necess vote or consent reauire to take such actio gA tim"I Y'SAL T� k s a a-a,'r('J ,. a,qk q asfiked to 0 e 11,�',&,,ry �,iar,*vei,, Reg�ste�, Deeds cff�ce,. Book 6279 Page 1292 ARTICLE IV PROPERTY RIGHTS Section 1. Owners' Easements of Eniament and Access. Except as limited by Secti 2 of this Article IV and by rules and regulations adopted by the Members and/or the Board Dir.9ctors, evem Owner shall havi-A&ro, Wcwms-a�-in,- and over the Common Area, which right and easement s all be appurtenant to and shall pass wi title to every Lot, subject to: (a) the tight of theAssociation to charge reasonable admission and other fees for the use of any facilities situated or constructed on the Common Area and to limit the use of such facilities to Owners who occupy a residence on the Properties and to their families, tenants and guests, as provided in Section 2 of this Article IV. (b) the right of the Association, after notice and an opportunity to be heard, to suspend the voting rights of an Owner and the right of an Owner to use the Common Area and facilities thereon for anv neriod durinw966ii"sess itief is Lot-reinaWi"d to '-N-UL40U kUli) I I I d�mulm- ally lundull of the published rules and regulations of the Association, provided, however that the Association may not suspend an Owner's right to use of any CommonArea providing access or utilities to his Lot. (c) the right of the Association to dedicate or transfer all or any part of tM Common Area to any public agency, authority or utility for such purposes and subject to su conditions as may be agreed upon by the Members. No such dedication or transfer shall be effecti unless Members entitled to at least eighty percent (801) of the votes of the entire membership the Association agree to such dedication, sale or transfer, provided that this subsection shall n preclude the Board of Directors of the Association from granting easements for the installation a' maintenance of sewage, utility and drainage facilities upon, over, under and across the Comm( n n I Area without the assent of the Members when such easements, in the opinion of the Board, a necessary for the convenient use and enjoyment of the Properties. Notwithstanding anything h rei to the contrary, the Common Area shall be preserved to the perpetual benefit of the Owners or the public in general and shall not be conveyed except to the City of Wilmington or orb governmental entity or to a nonprofit entity organized for purposes similar to those of t Association. (d) the right of the Association, with the assent of Members entitled to at least T I 1 11 1 "1 e 1 11 4;t;r,u III U'lim, 01 uwlertnse enc-;anoel at17jt-01-'- �—UAM�- )VMlial pf0pul Cy as suculity-y-Ir Inuncy borrowed or debts incurred, provided that the rights of any such lender or mortgagee shall be subordinate to the property rights of the Owners as set forth herein. ( " t, r P, , ,, , , 1 ,, , fl,,�'fs ,S a b1le ard aext,rEate c,i,:iq:)y as fik,,"d in fl,,`ie New JDt 1MN of Deeds oflfiice, (e) the right of the Association to exchange all or part of the Common Area for ot er DroDertv and consideration of like value and utili rovided that such exchan e is WIN", "TOW6110,16111-11ims Section 2. Deleaation of Use. 11 HINUMNAUT vy CUMMy vi ITAMM60TH-47 *7001 8T utility company. The Association shall accept transfer of ownership of any and all Common Property and and all improvements thereon, including transfer or assignment of any and all associated right easements, permits, and obligations. Section 4. Resaulation and Maintenance of Common Area and Common Easements. It is the intent of Declarant that the Common Area (whether owned in fee or b easement) be preserved to the perpetual benefit of the Owners within the Subdivision. To that en the Declarant, by recordina Lny j'Qlat or maj2 of any phase or section of the Subdivision grants to t M 71'i�s �s atrue w'�d aca).�'ate c�q,',q filed l� i the Ha,�'�ove�' Cour�ty of"'Deeds ol`fice. Book 6279 Page 1294 dys ditc"xillatlu IVI InTY111unt is 111auc Vj; ulu tvhSouldL1011, 511all VC 5* and shall incur the same late charges, interest and costs of collection as set forth in Section 7 of Article V of this Declaration. Provided however, that the Association shall have the obligation to maintain, repair, replace and inspect any cluster unit mail boxes or kiosks in good, safe, clean and sanitary condition and to keep the immediately surrounding area free of debris or other hazards regardless of the location of said cluster unit mail box or kiosk. . . . . . . . . . . W t 19 11"s rs a tn fe arv,'J, z,',,coitate coj,�q as -riled �n the ,K)ew Cmrd �y Reg�M:(,',.�,r �,'>f rDeeds c',x,ffice,, property taxes and other assessments levied against all Common. Area owned in fee by the Association. WWII ME ii al Is 0 it tic, ii irma dn's'. ally (tancl '11 maintain improvements and facilities within the Common Area Easement, and no such entry shall be deemed a trespass. To the extent practicable, the Association shall give reasonable oral notice to the Owner or occupant of such Lot. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner, assessments and other charges required by this Declaration, including the following: (1) annual Section 2. PuMoses of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Subdivision and, in particular, for: (i) acquisition, improvement, and maintenance of properties, services and facilities related to the use and enj , mentof the Common i*) maintenanceMvair and reconstruction of the Commo Area and - storm water drainage facilities, and, including, without limitation, the cost of repair, replacement and additions thereto and the cost of labor, equipment, materials, management and supervision thereof, (iii) payment of taxes and public assessments levied against Common Areaowned by the Association in fee; (iv) procurement of insurance-, (v) employment of attorneys, accountants and other persons or firms for Association business; (vi) payment of principal and interest on funds borrowed for Association purposes; (vii) payment of any and all Common Expenses and (viii) such other needs as may arise. Section 3 Amount of Assessments. The Board of Directors shall adopt, as soon as III 11"tis as true aV P�j aca,.,u'ate a'J,py as i',IHE�d k") 4ht',5 Nevv Har',,,over Cmnty Regi,stei!'wE�'J, Assessment shall automatically increase by ten percent (10%) over the annual assessment for the previous year unless the increase is otherwise set by the Board of Directors at an amount less than ten percent (10%). The provisions of this subsection shall not apply to, nor shall they be a limitation upon, any change in the annual assessment or the maximum annual assessment incident to a merger or consolidation as provided in §47F-2-121 of the Act. Segfign 4. Date of Commencement of Annual Assessments, Amount of Assessments, Ratification of Budggts. Unless a different commencement date is set by the Board of Directors, after the Lot is subjected to thisDeclaration. Subject to the provisions of this Section, the Board of Directors may fix the annual assessment for Class A Lots at anp amount not in excess of the Maximum Annual Assessment in effect for the appropriate assessment year. The annual assessment for Class B Lots shall be zero, provided, however, that any Lot which contains a dwelling occupied by any person as a residence shall be assessed at the Class A rate. Unless a lower amount is set by the Board of.Directors, the al annual assessment shall be the "Maximum Annual Assessment" set forth in Section 3 of this Article and shall be prorated according to the number of months remaining in. the calendar year. Annual assessments shall be fixed at a uniform rate for all Lots in each Class and may be collected on a yearly, semiannually, quarterly, or monthly basis, as determined by the Board of Directors. AWn monies rtaid at aW_j time of the Association shall be credited against past or future assessments due from the Declarant if any - The Board of Directors shall adopt a proposed budget for the Association at least annually. Within thirq�30) da,,,.,s after the adovtion ofthe Nroposed budoetAhe—Board-of cDir, a copy of the proposed budget to the Members and shall give written notice to the Members of a meeting of the Members to consider ratification of the budget, such meeting to be held not sooner than ten (10) days nor more than sixty (60) days after the mailing of such notice, Such meeting may, but need not be, combined with the annual meeting of the Members. There shall be no requirement that a quorum be present to vote on ratification of the budget (although a quorum must be present to vote on other matters). The budget shall be deemed ratified unless at that meeting Members havin however, if the budget provides for an annual assessment per Lot not in excess of the Maximum Annual Assessment in effect for that Fiscal Year of the Association, such budget shall be deemed ratific), wiless Mer,*ers havirigx-t le,,?st eigh-ty yerceat (808/r)--of te votes *f t1he entire- memliersihip vote to reject the budget. If any proposed budget is rejected by the Members, the budget last ratified by the Members shall be continued until such time as the Members ratify a subsequent budget proposed by the Board. Further provided that no meeting for budget approval shall be required for during Declarant Control Period. 12 11,,�Gs I 4 '(,D,,e aca,�a,A,,,fte copy wflle(J In the New *ve� COW)ty Fkegiste�,' of[)eeds office, Book 6279 Page 1297 Section 5. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto for re ment of indebtedness and intermt there n X-MONN M- the Board of Directors. WM6 M required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. 1 MITAU 11 11 I'll I'll 11 11 1 11 11 "I'll, "I'll I W Area or such Owner's Lot, or abandonment or leasing of such Owner's Lot, or unavailability of the use or enjoyment of the Common Area. All assessments and other charges shall be established and collected as provided in th Declaration. All assessments and other charges remaining unpaid for thirty days (30) days or long together with late charges, interest, and the costs of collection thereof, including attorney's fee ghall be charg ,, P.Pwner's Lot provided in ;.947F-3-116 of the of lien in the office of the clerk of superior court of the county in which the Lot is located in t manner provided in §47F-3-116(g), shall be a continuing lien upon the Lot against which su assessment is made until paid in full. The lien may be foreclosed by the Association in any mann Qt permitted under the Act or by law, When the holder of a first mortgage or first deed of trust .record or other purchaser of a Lot obtains title to the Lot as a result of a foreclosure of a fir 13 P,ls fs a h.,tie auid aci,:d,,�rate cq,,,)y as f"fled de Nev` �,ianove�', (Im,,�l,Ay R��,,,,,�glster (.,r,f �Deeds off k"e, �F�; mortgage or first deed of trust, such purchaser and its heirs, successors, and assigns shall not be liable for the assessments and other charges against such Lot which became due prior to thv ac uisition of title to such Lot b such rchaser. All assessments and other char es due h lit, f roty-OM; L 00 1)1*T?rr4 TINY MIT liable. An Owner's personal obligation for payment of such assessments and other charges shall not become the personal obligation of a subsequent Owner unless expressly assumed by the subsequent Owner, although the lien shall continue against the Lot until the amounts due are paid. I ail 'c' full , -Uv1,T U'T 01, Lau 541c, --u s111W1VWV*, c of a first mortgage or deed of trust, or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of any assessments which. became due prior to the date of conveyance pursuant to such foreclosure. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage or deed of trust. Section 9. Exempt PrgR=. All Common Area owned in fee by the Association, all property dedicated to and accepted by a public authority, and all property owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. Notwithstanding the foregoing, no Lot devoted to residential use shall be exempt from said assessments. Section 10. Working Capital Fund, At the time of closing of the initial sale of each Dwelling constructed on a Lot, a sum equal to one -sixth (1/6) of the annual assessment for Class A Lots in effect at the time of such sale shall be collected from the purchaser of such Lot and transferred to the Association as part of its working capital. The purpose of the working capital fund is to ensure that the Association will have adequate cash available to meet its initial operating expenses or to acquire additional equipment or services deemed by the Board of Directors to be necessary or desirable. Amounts paid to the Association pursuant to this Section shall not be considered as an advance payment of any regular assessment, Section 11, Declarant's Oblimfion to Fund Operating Deficits. During the Declarant Control Period, Declarant shall be obligated to fund any deficit between the normal operating expenses of the Association and the monies received by the Association from the Owners from assessments. Declarant, at its option, may pay such expenses directly to the Person providing the services or materials or pay to the Association the amounts necessary to fund the operating deficit, Any monies paid at any time or by the Declarant for or on behalf of the Association shall be credited against past or future assessments due from the Declarant. ARTICLE VI M ThiS a taie ar�d aca �,rate a,,)j,',�,y as l,"Hed ir� the Ne��,sf Har�over Reg�ster of Dee(k� c,,�,ffice, � the Owner will be assessed with the costs thereof as provided in tiiis Article VI. 11 l 1111 W-el UP411 dily 1�0[, dt I tUS(YHU*lC 1101417S-411 Ully Udj�L'#,' "cc to ulfr maintenance and repairs to be performed by the Association. ARTICLE VH RIGHTS OF LENDERS Section 1. Books and Records. Any holder of a first deed of trust on any Lot or its agent(s), shall have the right, during normal business hours, to examine copies of this Declaration, the Articles of Incorporation, the Bylaws, and the books and records of the Association and, upon written request to the Association, to receive a copy of the financial statement for the immediately preceding fiscal year, except that the Association shall not be required to provide the financial statement for the preceding fiscal year if said fiscal year expired less than 75 days prior to the date of the request. (See §47-3-118 of the Act). Section 2. Notice to Lenders. Upon written request to the Association, the holder of first deed of trust on any Lot shall be entitled to timely written notice of - (a) Any 60-day delinquency in the payment of assessments or charges owed the Owner of the Lot securing its loan. (b) A lapse, cancellation, or material modification of any insurance policy fidelity bond maintained by the Association. (c) Any proposed action that requires the consent of a specified percentage owners or holders of first mortgages on the Lots. (d) Any condemnation or casualty loss that affects either a material portion the project or the Lot securing it mort�)&,Ue. Section 3. A eventy-fi pproval of Holders of First Deeds of In1g, Unless at least seven percent (75%) of the holders of the first deeds of trust on Lots located within the Properties h given their prior written approval, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, transfer any real estate or improvements thereon which are owned, directly or indirectly, by t Association, unless said conveyance of real property is de minimis and for the sole purpose correcting an error in title of a Lot. Neither the granting of easements for utilities or other purpos as rovided in Section l(c) of Article IV hereof. nor the exchange of real 1.)Lop rly as ded i TNs 1s a tj�-ue and acctxate cor"Pq as'Med rn the Nev,,,v K,,,viovt"�,r Co�,',rflty Reoste�,elf Deeds office, WWII the insurable value; or (d) Use the proceeds of any hazard insurance policy covering losses to any part of the Common Area for other than the repair, replacement, or reconstruction of the damaged improvements or, as provided in §47F-3-1.1.3 of the Act, for distribution to the Owners, provided, however, that, except as provided in §47F-2-118 of the Act, any distribution to Owners shall be in the form of a credit toward current or future assessments due from the Owners to the Association. approval required by this Section 3 within sixty (60) days after the Association has sent a writt-M. request for such approval, approval will not be required, and this Section will be deemed to hal been fully complied with, Section 4. Payment of Taxes and Insurance Premiums. The holders of deeds of trust. Lots, jointly or singly, may pay taxes or other charges which are in default and which have or m become a charge or lien against any of the Common Area and may pay overdue premiums on haz insurance policies or secure new hazard insurance coverage upon the lapse of a policy coveri property owned by the Association. The persons, firms or corporations making such payments sh be owed immediate reimbursement therefor by the Association. Section 5. Collection of Assessments. No mortgagee shall have any obligation to colle any assessment under the Declaration. i BAMMIlt 0 In addition to all other easements granted or reserved elsewhere in this Declaration, Declarant hereby grants and/or reserves the following easements. Section L Access and Uty Easements. Easements for the installation and maintenance of driveway, walkway, water line, sewer lines, natural gas lines, telephone, cable television, electric power transmission lines, storm water drainage facilities, and other public or quasi -public utility installations are reserved as shown on the recorded plats of the Properties. The Association may reserve and grant easements over the Common Area as provided in Article IV, Section I (c), of thisDeclaration. Within any such easement herein provided, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation or maintenance of the utilities installed thereon, or which may change the direction of flow or drainage of water through drainage pipes or channels constructed in such easements. For a period of ten (10) years from the date hereof, Declarant grants to and reserves for itself, the Association, and their successors and assigns, an easement and right of ingress, egress and 17 is a tn.�,e wtd accw'ate copy as filed the Nev,�� of Deeds office, Section 2. Easement fw Support. Every Lot and Unit which contributes to the lateral and/or vertical support of any adjoining Unit(s) shall be burdened with an easement of support for the benefit of such adjoining Unit(s). Section 3 Easement For Encroachments. In the event that any structure, installation, arat,liance ar fence erected on a Lot encroaches u(con amp her Lot or the Common AE;HpaaAs�,' om encroachment was not caused by the purposeful act or omission of the Owner of such Lot, then an easement appurtenant to such Lot shall exist for the continuance of such encroachment upon the Common Area or other Lot for so long as such encroachment shall naturally exist. In the event that ama structure erected shall exist for the con inuance 4 such encroachment of such structure onto such Lot for so long as such encroachment shall naturally exist. The foregoing shall not be construed so as to allow any extension or enlargement of any existing encroachment or to permit the rebuilding of the encroaching structure, if destroyed, in a manner so as to continue such encroachment, except such encroachment as was in existence as of the date of conveyance of the Lot to an Owner other than the Declarant. M W-111 and tenants of such Owners, the occupants of such Lot and guests and invitees of such Owners, tenants or occupants, for the purpose of providing reasonable access, ingress and egress to, from and over and the use of the Common Area andfor utilities serving such Lot. Any conveyance or encumbrance of such Common Area is subject to the easements granted herein. Section 5, Association's Easement Uvon Lots. The Association shall have a right, license and easement to go upon. any Lot for the purpose of fulfilling its obligations under this Declaration and any other laws, ordinances, rules and regulations, public or private, which the Association is obligated or permitted to enforce. Such easement shall include, without limitation, en to go on ano c air r , I 'nI I n I in �ini n mIgIA, Section 6. Fenr ,e Eas &in Snt. Each Owner shall have a perpetual access easement over -RJ.r to t1te extgv, Ur VMI-r M TO 11V I'I'Vfl�s a arid r',,,cc( irab,,,! copy as filed kthe M,,,w Hanovet (101iir,fty Regstc'"i of Deo',�X"I,,; (")IIIRXs' by the holders of said easements for maintenance and repairs. ARTICLE IX alteration thereof be made, nor s all a building permit for such improvement or change7e applied for or obtained, nor shall any major landscaping or re -landscaping be commenced or made (such construction, alteration and landscaping are hereinafter referred to as the "Improvemenu") until plans and specifications showing, the nature, kind, shape, heights, materials, color and location of same shall. have been submitted to and approved in writing by the Declarant, If the Declarant fails 1 !M1111! 111111111 such authoritri to an Architectural Committee com,,vtosed of thnAe *.x mo Board. Declarant shall delegate such authority no later than the end of the Declarant Control Period. Except as provided in the next paragraph, any use of the term "Declarant" in this Article IX shall be deemed to apply to Declarant and, when appropriate, to the Board of Directors or the Architectural Committee, Nothing herein shall be construed to permit interference with the development of th4 Lots by the Declarant, Notwithstanding any other provision of this Declaration, including, without limitation, th*- provisions of the immediately preceding paragraph, Declarant shall have and shall exercise the rights set forth herein as to a Lot at all times prior to issuance of a certificate of occupancy or other certificate issued by the Town or appropriate governmental entity for the Dwelling constructed on a Lot. Neither the Board of Directors nor any Architectural Committee of the Board shall have the [all '11 fls �s a �e arid accur',',ate cc,�,�,.)y as ffled 4'1 tl'�e Ne�?v Hanover Cm,�rity Regast(""""r c)f Deeds (ff Gce,, IN, M-GRAMM I=_ VX% MW STV41 q rol^ VIVIIINI M -mam wm## Y., r# 7p an, site development or any other matter included within the definition of finish, landscape, pl "Plans." Once granted, such blanket approval shall be irrevocable and binding on the Board and Architectural Committee as to any Lots owned by Builder or subject to any contract to purchase or option to purchase of Builder. Once blanket approval is granted, a Builder shall not be obligated to obtain any other approvals from the Declarant, Board or Committee, A"RTIC'LE X Section 1. Use of Lots and Common Area. It is the intent of the Declarant that all Lots shall be used for residential purposes only. Except as permitted by the Code, no trade, business, profession or other type of commercial activity shall be carried on upon any Lot, except that (i) the Dec] arant, real estate brokers, Owners and their agents may show Lots for sale or lease and (ii) any Owner may lease a Lot to residential tenants for profit (such lease to provide that the terms of the lease shall be subject in all respects to this Declaration). Notwithstanding the foregoing, the Declarant and any Builder shall have the right to: (i) use Lots and improvements erected thereon for sales offices, field construction offices, storage facilities, and its own general business offices; (ii) maintain spot -lighted model homes which may be open to the public for inspection seven days per week for such hours as the Declarant deems appropriate or necessary-, (iii) conduct any other activities on Lots to benefit sales and construction efforts; and fiv) use the oarkina fqcilities on th AMEMMAIII I Section 2. Use of Accessory Structures. No shack, barn, or other building, other than a Dwelling, its garage and outbuildings incident to residential use, shall be erected on a Lot. Storage sheds incidental to residential use require approval provided in Article IX, and any such structure shall substantially correspond to the design of the dwelling. No structure of a temporary nature may be used temporarily or permanently as a residence. Notwithstanding the foregoing, the Declarant :"Irlw sale and construction of Units. MI Thici is a br�,,)e a�id a�.,za,�.ate copy as ffle�,J k'i the NeW Fianover C=fty Registerr (,,Yf Deeds off . . . . . . . . . . within the Properties other than in a garage and concealed from public view. Outside cloth's hanging devices are not permitted. I Section 5. Parkin . No Owner or a member of his family, lessee or sub -lessee or guem of an Owner shall- (i) park or keep on any Lot or street within or adjoining the Subdivision ar abandoned, partly dismantled or inoperative vehicle or vehicle not having current registration a inspection stickers disDlaved- or (iii iark or keen on anv Lot or anv street within or adi bus, truck in excess of one ton weight, commercial vehicle, truck or van, or anything else other th a vehicle normally intended for use as a private passenger vehicle. For purposes of the precedi sentence, the term "keep" shall mean the occasional presence for a period of not more than three consecutive days. The Board of Directors shall have the right and authority to make, implement and e ............... ..... . . . . . . . . . . . . o the Owner of the Lot to which such vehicle is registered or the Owner of the vehicle, appropriate. and utilities in the Properties, or as may be allowed by Declarant, during the Declarant Control Period, and thereafter, the Board, when reasonably required for the construction of other improvements within the Properties. The foregoing restrictions shall not apply to sales trailers, construction trailers, or other VuWwr-ani c*,irft-aaofY:frrffi"-Uff ttct of their business prior to the completion of sales. MI �s a tju�e ard acctjr'ate cq,,:ry as,rHed �ri brie Nev} i Harr over Cb� jrfly Rf,,;,g�ste¢ of Dee,,,�ds of`flke, MI'I_ivffiw� MMIFF911XV01WW or ermitted to remain on an Lot or u on an im rovements thereon exce t that this rohibition ........ .... P M A AW relating to safety, location and maintenance of antennae. To the extent that the reception o.f an acceptable signal would not be impaired, an antenna and (iii) is integrated with the Dwelling and surrounding landscape. Section 8. Fences. Any fence or wall installed within the Subdivision must meet all requirements of any applicable zoning ordinance and must be approved as provided in the Declaration. Chain -link fences will not be permitted. Nothing in this paragraph shall be deemed to Section 9. Fines. The Board of Directors, in accordance with the Bylaws, shall have the right and authority to levy fines or penalties for the violation of any provision of this Declaration and/or the rules and regulations hereafter promulgated by the Board pursuant thereto. Any monetary fine or penalty shall be deemed a limited special assessment against the Lot of the Owner against whom such fine or penalty is assessed. Section 10. Rental of Units, Any lease or sublease must be for at least twelve (12) months, in writing and contain the following provision: . . . . . . . . . . . . . . . . . . A in the New Hanover County Registry. Tenant acknowledges that he has received a ' r"' and the rules and regulations of the Association and is familiar with the provisions same." M 'r'N�s is a b,,,,ue parr aca,,jraV,,,,,,, cq,,,,ay as filed 4'1 the New lriar,rover Coi,,,,¢ rty Fleg6ster of offlce,, If an Owner fails to include said provision in any lease or sublease, it shall be conclusively deemed to be included and part of said lease or sublease. Section 11. Mailboxes. Pursuant to the requirements of the U.S. Postal Service ('USP S"), Declarant will construct within the Subdivision one or more centralized or cluster mail box structures or kiosks, and the USPS will deliver mail only to such centralized mail boxes. No mailbox shall or the City of Wilmington. Section 13. Swimming Pools. No above -ground swmming pools are permitted within the Properties, except that small, inflatable wading pools shall be permitted in the back yard of a Dwelling, Section 1.4. Miscellaneous. No window placed air conditioning unit or evaporative cooler shall be allowed. No sports equipment, including but not limited to, basketball goals shall be placed En any street within the Subdivision. 23 fl"Iis �s a b,t,w wd ('Dy',Yy as rflerJ in tt'it New Hanover Cot,jnty Regist&of Dee/,:fs office,, (f) The maximum built -upon area per Lot located in Phase 1, Section.l., as shown on any plat of the Subdivision, shall be 4,000 square feet. This allotted amount includes any built - upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot line and to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. i 1, U I A I CS, ILI 10 UJII '111 *d1if" '*'I * *111 81 Ise stroams wo 111call 11fpi'mutea 111m_�Vl 1](141 waters. (h) For those lots within CAMA's Area of Environmental Concern, where the Division of Coastal Management calculates a different maximum built -upon area, the governing built -upon area shall be the more restrictive of the two numbers. (i) All runoff on the Lot must drain into the permitted system, This may be accom 2-:1 0 A Vi hirl4h_ �' toward the street, or grading penmeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. W, 01THM, MO (k) Any individual or entity found to be in noncompliance with the provisions the stormwater management permit or the requirements of the Stormwater Rules is subject enforcement procedures as set forth in N.C.G. S. § 143, Article 2 1. 1 (1) Removal of Nonconforming Condition. Any use, condition, structure or UW r and collected as an Individual Assessment as provided in ARTICLE V. I 91 1,"y �`keg�step,' of Deeds office, 6s a tn,,�e ard acr,'.Ii.,Il'ate ccqPY as filed ai"l U Ie P'4eor [,Ianove�- (10LtrE Book 6279 Page 1309 ARTICLE XI Section 1. Enforcement. The Association and each Owner (including the Declarant) shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, rules, regulations, reseivations, liens and charges now or hereafter imposed by the -provisions of this Declaration, the Act the Bylaws or rules and regulations adopted by the Association. Failure by the Association or an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association. shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with. applicable law, or in any case in which the Board reasonably determines that the Association's position is not strong enough to justify taking enforcement actions, or any case in which the Board reasonably determines that the cost of enforcement outweighs the benefit to be gained by enforcement. Any such determination shall not be construed as a waiver of the right to enforce such P'to'As"is restriction or rule. M-1 terminated or altered by a vote of the Owners as set forth below. During the Declarant Control Period, the Declarant may amend this Declaration, without the consent or joinder of the Members or the Association, for any purpose. This Declaration may also be amended during the first tweTrty-9ve bj—drriivs�f - , -i L( , of the Lots, and thereafter by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots. No amendment shall be effective unless it has been recorded in the office of the Register of Deeds of New Hanover County. Section 3. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale or otherwise so as to reduce the total Lot area shown on a recorded plat of the Subdivision, except with the consent of the Declarant during the Declarant Control Period, and thereafter by the Association, and, if required, by the City of Wilmington. Subdivision or recombination of any Lot(s) may, as appropriate, increase or decrease the number of votes in the Association. 11 IM 0 W111101 days before such rules and regulations become effective. 25 Ths �s a true ar)d aca,trate cqpy as filed its t'he New Harr over Courd- Reg�ster of' De�,,�,(Js office,, Bvlaws. which sanctions mav include. but are not limited to. reasonable monetary fines. which fines I — 7MW7ff I "T Ytw however, that the Association may not suspend such Owner's tight of access to or any utilities servicing his Lot. ---------- of self-help shall not be deemed as trespass. All remedies set forth in this Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In any action to enforce its rights and remedies, the party prevailing in such action shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, reasonably incurred in such action. Section 5. Condemnation/Casualty. ff all or any part of the Common Area and improvements thereon is taken by power of eminent domain or is damaged or destroyed by fire or other casualty, the proceeds of the condemnation award or any insurance policies covering such improvements shall be payable to the Association. The Board of Directors shall propose to the Members, at an annual. or special meeting held within sixty (60) days after the date of the condemnation or casualty, whether or not to reconstruct the improvements. The insurance proceeds shall be used to reconstruct the improvements except as provided in §47F-3-113(g) of the Act, in which event the groceeds shall be retained by- the Association for operation expenses or reserves as determined by the Board or the Members. Nothing in this Section shall prevent the Board from proposing and the Members from approving the use of such proceeds for construction of different improvements, e.g., playground on Common Area in lieu of a destroyed club house. Section 6. Association Contracts and Leases During Declarant Control Period. All Association contracts and leases made during the Declarant Control Period which extend beyond penalty by the Association upon no more than ninety (90) days written. notice; and (iii) be commercially reasonable and made with an entity not affiliated with the Declarant. Section 7. Evidence of Member Approval. In the event that any action requires evidence of consent of the Members or a specified percentage of the Members, such approval shall be conclusively presumed if supported by a Certification signed by the President or Secretary of the Association in substantially the following form: W 11'�is is a t'n e 4incc z,,�,cenjri,�,te as ffled in the ��eyv� FW*veir Clf.:,n n'it'y [Reg�stf�i, of Deeds c,�ffice,, w k, f At suchmeeting, at which a quorumwas by 1 total of - favorvotes were cast: - votes were cast in of such action, and votes were cast against approved]such action. Accordingly, the motion to approve [described the action at I east % of the Members {:,required by the Declaration`;{ [President/Secretary] NumberSection 8. mclude the plural, and vice versa, and one gender shall casesshall control general provisions. 'Notwithstanding the foregoing, a construction consistent with the Act, the North Carolina Nonprofit Corporation Act (N.C.G.S. Chapter 55A), and the Code shafl in all controlprovisions of the Act and the Nonprofit Corporation Act shall in all cases control any conflicting provisions f' Section 12. .,, AgainstAs provided in 4" 0 , b of the Act, ., rule Now 1' dry �s a pie and aa t,ira e c op,�,,( as fffled in rl re i`�ew FIan(�veir 0,,,,)c.jrity Reg�-,', �,.r of office. Book 6279 Page 1312 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its icame by its duly authorized officer or Manager, as of the, date set forth in the notary acknowledgment below.* Clayton Properties Group, Inc. a Tennessee corporation a Lty. Na� ott Bowkr--*' Title: Assistant Secretary State ,!' � . I of am ot County of Wtmq - U 10M"Iv, jimma 0 1I .1 1 Notary Public (Print Name) Zq MK My Commission Expires: QjA A V23 4.1 lln,�s �s a tfLie aca,��'ate c,::q��Yy as ffied ir� the N(,;,vv �rianover 0,",'�," �,ty Register of Deeds c,Afice, Book 6279 Pa gre 1313 11 *1114,1111 [11,11 more particularly described as follows: The entire area shown on that plat entitled "Subdivision Plat Congleton PH. 1, Section 1, Performance Residential, Federal Point Township, New Hanover County, NC," dated September 26, 2019, by Paramounte Engineering, Inc., and recorded in Plat Book 67, Pages 233-235, New Hanover County Registry. 29 lb,,,k is a true w �(,J, aco-rate copy as Wed 4,F �,he Nev Cotrfty Reg�steof," Deeds office, KTITVMTMVIIVF?F;�#� Register of Deeds Register of Deeds 020 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 e Fax 910-798-7751 V\ V 0 B L I S H fV-1�,. I clo lneretw certif"y'ti-fis to t a trf,,!e � a,id acI'(-Ajr,,,Ae o,,)py d ye fHed and "t c ord(,I�d �n Niew I-ia4wer CVi,,rIy, (,)f Deeds Offi as Boo�<, Nk,) 6570 at, Page 14c) 24454,, �,,Get:tyColfiris, 5/30/2f )ZI5 x") Book 6570 Page 2454 'Do / BK: RB 6670 �'II�� ���'I PG., 2454-2469 RECORDED: 06-03-2022 2022021366 NC FEE $28.00 NEW HANOVER COUNTY, NC 03:55:57 PM TAMW THEUSCH PIVER BY'STEPHANIE PEREZ PZOSTER OF DEEDS DEPUTY V'repared by and return to: Moore & Alphin, PLLC, 3733 National Drive, Suite 100, Raleigh, NC 27612 STATE OF NORTH CAROLINA THIRD AMENDMENT AND FIRST SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTON COLINTY OF NEW HANOVER EASEMENTS, CHARGES AND LIENS FOR CONGLETON-FARMS I kv,Uv 10 4*14 1 of I OF OWEN am k-A-�LJV6--1U1L VVI "DeclaratioW) recorded in Book 6279, Page 1285, New Hanover County Registry, and amendments thereto recorded in Book 6432, Page 1378 and in Book 6476, Page 2580, New Hanover County Registry, and WHEREAS, Article XI, Section 2 of the Declaration provides that 'Turing the Declarant Control Period, the Declarant may amend this Declaration, without the consent or joinder of the Members or the Association, for any purpose ... ;" and Ps a mpy as fiked hr4 the r4eW 1-lzino,�e(,'(x,,Vnty af Deeds Office. Book 6570 Page 2455 WHERAS, the Declarant Control Period, as defined in Article 1, Section I I of the Declaration, has not yet terminated; and WHEREAS, the Declarant now wishes to amend and supplement the Declaration as provided herein; 1. The PREAMBLE is AMENDED hereby by deleting the first paragraph and replacing it with the following: 6182, Page 1135, and in Book 6260, Page 1234, New Hanover County Registry, f Ve-ixg tretesczW-4 kF-,Ev-Yi W, -ALzme-Yet Yawett kereix, ill or portions of which Declarant intends to develop into a planned community of detached single-family houses known as CONGLETON FARMS (hereinafter sometimes referred to as the "Subdivision"); and" 2. Section 15 of Article X is AMENDED hereby by deleting the first sentence of paragraph (f) and replacing it with the following; "The maximum built -upon area per Lot as shown on any plat of the Subdivision, shall be 4,000 square feet." 3. Exhibit A attached to the Declaration is AMENDED by deleting it entirely and replacing with the following: 10*311113VIO and being more particularly described as ibilows: F K I TI i�s e ztr�,�e arr d c,,ir:Curate Copy as f"Red �urithe N&,,kr Har*ver F',,aeg,Aet, of Deeds offk-le, Book 6570 Page 2456 September 26, 2019, by Paramounte Engineering, Inc., and recorded in Plat F@*�'-ook 67, Pages 233-235, New Hanover County Registry, including but not fimited to: 9 Lots I through 42, inclusive, and Lots 53-69, inclusive, and Lots 79-108, inclusive "Lt. Congleton Rd. Private R/W Varies & Public Utility Esmf "Meadowgrove Loop Private 50' RJW & Public Utty Esmf ' 'Big Cypress Rd. Private 60' R/W" "Big Cypress Dr. Private 50' R/W & Public Utility Esmt (15,321 Sq Ft/0.352 Acres)" " Tassive Open Space 20,807 SF, 0.478 AC" Tassive Open Space 2,062 SF, 0.047 AC" 'Passive Open Space 44,750 SF, 1.027 AC" Passive Open Space 347,207 SF, 7.971 AC" "Tap'n Space 19.996 SF, 0.459 AC" 'Stomwater Pond 147,047 SF, 3.376 AC" "Troposed Pond 82,141 SF, 1.886 AC" 'Wetlands This Phase 6,665 SF, 0. 153 AC" "Stormwater Pond 19,039 SF, 0.437 AC?' • "Future Development 20,566 SF, 0.472 AC" • "Future Development 47,093 SF, 1.091 AC" "Temporary Right of Way" "Active Open Space 111,730 SF, 2.565 AO' ""Stormwater Pond 12,939 SF, 0.297 AC" Phase tippment" (Property described as "Phase 2R Future Development does and will include lots and property to be developed as part of Phase 3) 11111i;��jj . � III - r=ff*M#TIMW*T," *n a Plat entitled "Subdivision Plat Congleton PH. 2, Performance Residential, rFede�r-al Point Township, Now Hanover County, NC," by Paramounte rEngineering, Inc., and recorded in Plat Book 70, Page 114, New Hanover County Registry, including but not limited to: 0 Lots 43 through 52, inclusive, and Lots 70-78, inclusive 21M �4&ace 41,137 SF, 0.144 AC" 4. The property described in Exhibit A in paragraph 2, above, is hereby SUPPLEMENTED with the inclusion of the following property: is trt,�e ar�d ao,,'Xira�te copy as 1"HEXJ, &r� the Nev,,t �,Iariover CV,a,Oty Reg4ster of: Deeds Book 6570 Page 2457 BEING all of Phase 2R, containing 24.725 acres, as shown on that plat entitled "Recombingation Plat 1318 Lt. Congleton Road" recorded in Plat Book 66, Page 345, New Hanover County Registry. I .......... C( luding but not limited to: Lots 109 through 170, inclusive "Marvin Way Private 50' R/W' "Big Cypress Loop Private 50' RIW' 'Tassive Open Space 118,336 SQ. Fr. +/- 2.72 AC. " Cell Tower Easement/Open Space 12, 23 7 SQ. FT. +/- 0.28 AC. 'Tassive Open Space 47,430 1�1111q��111111111111111�� I I � WILVVIAM '� - -r 11111''i'1111! ;1111111111itili I and effect. This Amendment and Supplement shall become effective as of the date of recording with the Register of Deeds for New Hanover County. IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date set forth in the notary acknowledgment below. 4 1`hs is ft: ,je ard 'FH�(,.,,,d the Niev Regi�, et, of D,,,eds office,, Book 6570 Page 2458 DECLARANT: CLAYTON PROPERTIES GROUP, INC. a Tennessee corporation By: sc&-prowser Title: Assistant Secretary State of VO Yf k CA" (j M- - County of N&W N-O-,d V\-t, I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein in the capacity indicated: Scott Bowser Date: K- I foCj -rtA k (2-�-- v-- Ck bNotary Public [Official Seal] (Print Name) ' ' 0 1 My Commission Expires 169 , ZZ Z N0t01Y Public .New Hon0ver County C A I k 61 z " , , ", " , a,�i flk,�,!d �n tl,,! �,4.ew [,-iai� I ( " in,,fJ 'IM/er TAMMY THEUSCH PIVER New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 * WILMINGTON, NORTH CAROLINA 28 Telephone 910-798-4530 - Fax 910-798-7716 1 ri Nfir., Ww� PFULIN NEIPMV NM Elm--=w ml� Fit X. M-' State of North Carolina, County of NEN HANOVER Filed For Registration: 06/03/2022 03:55:57 PM Book: RB 6570 Page: 2454-2459 6 PGS $2...... .00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2022021366 0 DO NOT RMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. 111"ii,�>, is a tr�.je w'�d acaj,a'�',,,',�te cq,','�,y Ur�e �',4evv �1'ar'*Vei" ('."'G'q Jc1'1'y &D, ed�,,', offkl'e, WTST*4 Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 e Fax 910-798-7751 MM—M 11111111��M FAMA FAMWA MA60M MA I y,Jo 4r�eretjy ceirtk."y dryis be a br,"je ard acc',tir te c,:c4-ry of 0"ie dc,',)o J� r�ent filed and rec,'orck,':.d kr�, New I inty Rcgf;t,( !r of Deec'Jis elvk,',� e1rice '� r� Book, Plo 2061 n,A I)i,,',ige No 8919,, 13et:ty C.'dHins , IRi gist, r of Deed,`,,',, 5/3(,),j2()25 As§!, zn �!f er f:4De4',,-',ds 4rPACE .w,&uim CARlotim N iy!,'; 21, W-VgC"W, "W&WU OF SENWOW cvvm OF MW AM~ 'SS Pt?- 24 Pn 2 27mc1mv 1 `W41 w 'imakilimah r- - — - - - - - - - - - - - - ztr&glsgrw AV 0 —7 7T -777' T —7= to kV 77.-E-11-Tl Irl 77-7r LJ A0z"il golf .1'l,#—k)ff;-YN,> W I ............... 430353 This J^,s atl,tx an;d acclurate (:x,,,,py a!,, fik,�AJ hcth,(,,� LBO uajer (-'Ounty Fteglstnog of [)e(,,,ds offict,,ll BM PACE 2061 0900 v e A & Vw *k do Aw Amwdmw or &w dw moodw &Ypm 4fMmdvm- ILL =Z-7-7 f- Swomm mpnofiWin Am" 4 knr4. jZLl7-7-M-r---Z- lr,7 7 � 1 AW.""t llhl s is a true and wae asilied ter tf,�e Itilew Reg�ist r "Naecls" 41'affl�,,,,,c:: 4 1 M� .. 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'���L��°��� TbIs is a true ac,,cPwatc-ll i,6py as f:'4 ecl 4,} tlre !,le1w I-Iarmve.r Cxjurity Refl;h�,�ter of DIe(,Js c,,Olce, Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 * Fax 910-798-7751 \Z A �I I I I wAa AB Lis vivv—�� I i', do her�'�'�by ml-tify V',Os 1,t d be a true and ac(:Ur'i,�,it e" (Yff the dcx:LP"nent fflec ',inid rec J 1, or(,'Jed i� PIeo,� f lartover (" unity Rec, �stf, ir of D(,,�ecis (Yffice as evBd(:V46'11111' ffl Book PJo 6495 at Flz'),ge Pk) 1722, Morga ,'ian Gedy "o�hris , Reg�st r fcff Deeds 5/"30/"?(,)25 �1 g c,�f D�'.,'�,,ecls e7 Book 6495 Page 1722 9�1 STATE OF NORTH CAROLINA 10 1 "Elal"V pill [1101IRM BK: RB 6495 PG: 172-1727 RECORDED:2 09-27-2021 20210"619 NC FEE V5,00 NEW HANOVER COUNTY, NC 10: 13:16 AM TAMMY THEUSCH 1PPJER BY: KELLIE GILES REGISTER OF DEEDS DEPUTY klkll #)III 0f:f.3 Of 1 101, WHEREAS the Declaration of Covenants, Conditions, Restrictions and Easements bi 0 Tarin Woods (hereinafter "Declaration"), was recorded in Book 5717, Page 284, New Hanov County Registry; liability company as reflected in Deed Book 5717, page 2845 and Deed Book�#� page 1:2 12-Ir - WHEREAS Developer desires to annex the additional property described m the attached Exhibit "A" �ereQ&r -Additional Property") into the Tarin Woods Subdivision and subject it to the Declaration; 'rNs is a trtie ard accura.e copy airs filed iri tl�(,,',,� [Hanover 0,'),tnrity Reg off.)egads NOW, TBEREFORE, the Grantors/Declarant/Developer hereby annex the Additional Property to the Declaration of Covenants, Conditions, Restrictions and Easements for Tarin Woods; and that the properties described in Exhibit "N' are now duly annexed into Tarin Woods Subdivision as allowed in Article III of the Declaration; and that such Additional Property shall be subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Tarin Woods and that this Covenant shall run with the land hereinafter, and that the following covenants, conditions, restrictions and easements shall hereinafter apply to the Additional Property: ♦ IMUMMU=# Section 1. Wastewater Collection System. The Grantors/Declarant/Developer (hereinafter and for the purpose of this Article XI deemed "Declaranf) has entered into an Operational Agreement with the North Carolina Environmental Management Commission, a copy of which is attwhed hereto as Exhibit "Band is hereby referenced and incorporated as if fUlly set out herein, whereby the Declamt will construct a wastewater collection system with pumps, wastewater treatment works, a lift station, and/or disposal facilities (hereinafter collectively referred to as 'Disposal Systenf) to provide sanitary sewage disposal to serve the Property on said lands. That the Declarant is bound by the mutual promises, conditions, and covenants contained in the Operational Agreement and nothing in this Declaration, the Articles of Incorporation of the Association, or the Bylaws of the Association shall be construed or interpreted to contradict or supersede any provision of the Operational Agreement MMEM1177 - - - -------- properly operate and maintain, such systems and facilities in accordance with applicable permit provisions and law. order to change the name of the permit holder, the Declarant must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. I ins is a trtje ari�.J cX13py as 1"Hed �rithe fl4e%(� �ia�,iover Co�nty F,,,egister Deeds offfice, Book 6495 Page 1724 3) The Declarant shall not transfer, convey, assign or otherwise relinquish or release i responsibility for the operation and maintenance of its Disposal System until a permit has bee reissued to the Declarant's successor. I 4) The Disposal System and appurtenances thereto are part of the common elements M"N I oil 41W2101-Ig", U-ism"'Alle - 5) The Disposal System will be maintained out of the common expenses. In order to ensure that there shall be fimds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, a fimd shall be created out of the common expenses. Such fimd shall be separate from the routine maintenance funds allocalls, for the facility and shall be part of the yearly budget. 6) In the event that the common expense allocation and separate fund are not adequate for the construction, repad maintenance of the Disposal System, special assessments shall be imposed to cover such necessary costs. There shall be no limit on the amount of such �nd cause suc'�, be at a-tv 7) If a wastewater collection system and wastewater treatment and/or dispo provided by any city, town, village, county, water and sewer authorities, or other urVt 10i.f Cility government shall hereinafter become available to serve the Property, the Declarant or the 4 i-l-lisTRIN IfLivP Oil 1 0 MR, =1 may reqWre as a condition of accepting the Property's wastewater. 8) Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal its System and facilities to some person, corpomflon or other entity acceptable to and approved by the Commission by the issuance of a permit; NOW, THEREFORE, this Supplemental and Amended Declaration shall be effective upon the recordation in the Office of the Register of Deeds of New Hanover County; IN WITNESS WHEREOF, the Grantors/Declarant/Developer have executed this Supplemental Declaration. 1`hs is a trr,,ie a;,t(,,,1 ce,:)1py &.A fflek,J irf, Rf;,,,,gister of: [)eed!,;, offllce, Book 6495 Page 1725 115 is A K0=111WIT, M 3K11"M 4 �t IMSTMI.-ITI) WASWR-a Notary Public of the state and county aforesaid, do hereby iSl-,e ersonal1v appeared before me this day and acknowledged Witness my hand and seal, this theZ3!!!_ day of SL04gm lap / 2020: 2,o2A My commission expires: is a tn,;e a('XLH'a'I?R' as f"Red irt tlq�e Piew �,-iartovev CCx,j�nby FZegistf',,',!r c,�)f Deeds offlc:'el, Book 6495 Page 1726 Exhibit "A" ae4-14 BEING All of that Property shown on the plat entitled "Tarin Woods 11, Phase filed in Plat Book _7 0 ,Page j p& , New Hanover County Register of Deeds. _ I ds a trtxe ard acci,wae cc)py as fRed rr,r the Nevv �Cmirfty Reg�sV- of [N,,�eds d"Y"Ice,, w r New Hanover County IVE Register of Deeds Register Deeds WILMINGTON, NORTH.4M Telephone 90 .. ! 4 w; ttttttt,tttirtttttttttttttttttttttt,tttttttttirtt*tttittttttttttttttttttttttttttttttttitttttttrrttttttttttttttttt State of rtCarolina,County of NEW HANOVER Filed For Registration: ! *10:13:16 AM Book: ! !'; Real Property ! i; Recorder: c ! Document No: 2021046619 tt*ttttYrttttttttitt+tir,R*tt*ttttr,ttittrttttttttMttttrtt#tt*tttttttttsttttirtttttttttttittttttttttttttttttttttttt�kttt DO NOT REMOVE! This certification sheet In a vital part of your recorded document. Please retain with original document and submit when re-recording. , s a Gaditi,W �md aca,w w-RAe �,:o y &,e' rflec� in t.'we !°4e� wover [Zeg��,,;t i d 4"keec� s offll E,,