currituck county · sound woods subdivision currituck county, north carolina get solutions project...

106 Capital Trace; Unit E · Elizabeth City, NC 27909 · Phone: (252)335-9765 · Fax: (252)[email protected]

March 28, 2019

TO: Sound WoodsP.O. Box 178Camden, NC 27921

Attn: Mr. Sam Miller

RE: Construction Materials Testing ServicesSound Woods SubdivisionCurrituck County, North CarolinaGET Solutions Project # EC19-166TReport No. 1

Dear Mr. Miller:

Pursuant to your request, G E T Solutions, Inc. has provided field and laboratory testing of thepreviously placed Aggregate Base Course (ABC) and surface mix asphalt materials for theabove referenced project. The recent construction at this site included ABC and asphaltplacement along the Sanderson Court alignment and placement of ABC along the SutrykCourt alignment. Furthermore, the currently completed testing along the Sutryk Courtroadway alignment was limited to ABC compaction and thickness testing with asphaltplacement and testing to occur at a later date.

The project required a pavement section composed of 6 inches of ABC materials overlainby 2-inches of surface mix asphalt materials (Type S-9.5b). The project specificationsrequired testing of the ABC materials and asphalt materials is performed for qualityassurance, in accordance with the NCDOT requirements. Accordingly, our scope ofservices was limited to the evaluation of the ABC materials and asphalt materials placedprior to our specific testing events as they relate to thickness, density, aggregategradation, and/or asphalt content. Our scope of services excluded an evaluation of thenatural subgrade soils and compaction testing of select fill necessary to establish thedesign grade elevations, if required. As such GET Solutions, Inc. cannot attest to thecondition of the natural subgrade soils and/or select fill materials as they relate to suitablepavement support.

Construction Materials Testing Services 3/28/19Sound Woods SubdivisionCurrituck County, North CarolinaGET Solutions Project # EC19-166TReport No. 1

SCOPE OF SERVICES

For this project, G E T Solutions, Inc. has performed the following tasks:

§ Performed laboratory testing on a bulk sample (Proctor No. 1) of the Crushed Concretematerials received from the contractor and reported to have been placed alongSanderson Court. Laboratory procedures included natural moisture, full sieve, andStandard Proctor testing. The laboratory test results indicated the imported CrushedConcrete materials were in general accordance with NCDOT aggregate gradationrequirements and were classified to consist of GRAVEL (GP-GM). The results of thesetesting procedures are provided on the “Moisture Density Relationship Proctor Curve”and “Particle Size Distribution” test report sheets attached to this report.

§ Performed bulk sampling (Proctor No. 1) of the previously placed ABC materials withinthe observed Sutryk Court roadway alignment. The sample was returned to ourElizabeth City, NC laboratory for natural moisture, full sieve, and Proctor testing ingeneral accordance with NCDOT requirements. The laboratory test results indicated theimported ABC materials were in general accordance with NCDOT aggregate gradationrequirements and were classified to consist of GRAVEL (GW-GM). The results of thesetesting procedures are provided on the “Moisture Density Relationship Proctor Curve”and “Particle Size Distribution” test report sheets attached to this report.

§ Performed compaction testing of the Crushed Concrete materials placed within theobserved Sanderson Court roadway alignment. The compaction testing procedures thatwere performed during the morning visit on the date of March 20, 2019 indicated the inplace Crushed Concrete materials were compacted to at least 100% of the StandardProctor. Additionally, the Crushed Concrete materials were evaluated for thickness atthe compaction test locations, which indicated a thickness of at least 6 inches at thetested locations. The results of these testing procedures and their associated testlocations are provided on the “Compaction Test Report” sheets attached to this report.


§ Performed compaction testing of the imported ABC materials placed within the observedSutryk Court roadway alignment. The compaction testing procedures that wereperformed during the morning and afternoon visits on the date of March 20, 2019indicated the in place ABC materials were not compacted to the specified minimum of100% of the Standard Proctor. Although the requested scope of services did not includea proofroll operation, the ABC materials were observed to be unstable when exposed toheavy construction traffic. Based on our experience with similar conditions, it wasanticipated that the yielding conditions were associated with unstable subgrade soils withdeflections propagating up through the ABC materials as a result of excessive moisture.As such, it was recommended to allow the subgrade soils sufficient time to dry and healprior to proceeding with additional ABC compaction and/or asphalt paving. The results ofthese testing procedures and their associated test locations are provided on the“Compaction Test Report” sheets attached to this report.

§ Performed coring operations at five (5) locations with the use of a 6-inch diameter corebarrel within the Sanderson Court roadway alignment. Core locations were establishedin the field by a G E T Solutions, Inc. representative prior to initiating the coringoperations.

§ Performed laboratory testing procedures at G E T Solutions, Inc.’s laboratory located inElizabeth City, NC. The laboratory testing procedures consisted of average corespecimen thickness and bulk specific gravity as well as asphalt content and asphaltaggregate gradation analysis. The laboratory test procedures were executed in generalaccordance with NCDOT testing procedures. The specific gravity (density) andthickness test results are provided in the following table (Table I – Asphalt LaboratoryTest Results). The asphalt content test results are provided in Table II – Asphalt ContentResults and the asphalt aggregate gradation analysis test results are provided on theattached “Particle Size Distribution” sheets.


Table I – Asphalt Laboratory Test Results

Sample# Sample Location(1) Asphalt

Type

AverageSample

Thickness(in.)

SpecificGravity

PercentCompaction(Min. 92%)(2)

C-1Sanderson Court; Approx. 93’ from Tulls

Creek Road, 8’ Offset of South Edge S9.5b 2.16 2.236 91.9


Creek Road, 6’ Offset of North Edge S9.5b 2.15 2.216 91.0




Creek Road, 6’ Offset of East Edge S9.5b 2.1 2.241 92.1


Creek Road, 7’ Offset of West Edge S9.5b 2.06 2.255 92.6

Average 2.23 2.240 92

Note (1) = Locations provided in the table above are considered to be approximate.Note (2) = Percent compaction based on the laboratory maximum theoretical specific gravity value of 2.434

for Type S-9.5b, furnished by C&L Concrete Works, Inc.

Table II – Asphalt Content Test Results

Sample # Sample LocationAsphalt

Content (%)(1)

C-3 Sanderson Court; Approx. 1038’ from Tulls Creek Road,7’ Offset of South Edge 6.5%

Note (1) = Percent asphalt requirement for Type S9.5b is 5.8% +/- 0.7% per the Job MixFormula (JMF) provided by the contractor and the NCDOT allowable tolerance.


We appreciate the opportunity to be of service to you on this project, and trust you will callthis office with any questions that you may have.

Respectfully Submitted,G E T Solutions, Inc.

Gerald W. Stalls Jr., P.E.Senior Project EngineerNC Lic. #034336

Copies: (1) Client

Attachment: Moisture Density Relationship (Proctor Curve) – Proctor No. 1Particle Size Distribution Reports – Proctor No. 1Moisture Density Relationship (Proctor Curve) – Proctor No. 2Particle Size Distribution Reports – Proctor No. 2Compaction Test Report(s)Particle Size Distribution Report (Asphalt; S-9.5b Materials: (Core C-3)

Tested By: D. Forehand

MOISTURE DENSITY RELATIONSHIP (PROCTOR CURVE)D

ryde

nsity

,pcf

85

95

105

115

125

135

Water content, % - Rock Corrected - Uncorrected

12 13.5 15 16.5 18 19.5 21

14.9%, 117.0 pcf

16.8%, 108.3 pcfZAV forSp.G. =2.85

Test specification:ASTM D4718-15 Oversize Corr. Applied to Each Test Point

ASTM D 698-12 Method C Standard

GP-GM A-1-a 9.9 NV NP 21.6 5.5

Crushed Concrete - CRMP Moyock Plant

EC19-166T Sound WoodsProctor No. 1

Elev/ Classification Nat.Sp.G. LL PI

% > % <Depth USCS AASHTO Moist. 3/4 in. No.200

ROCK CORRECTED TEST RESULTS UNCORRECTED MATERIAL DESCRIPTION

Project No. Client: Remarks:Project:

Location: Contractor Provided Sample Number: 1GET SOLUTIONS, INC.

Elizabeth City, North Carolina Figure

108.3 pcf Maximum dry density = 117.0 pcf

16.8 % Optimum moisture = 14.9 %

Sound Woods Subdivision

GETSOLUTIONS, INC.

Elizabeth City, North Carolina

NCDOT ABC

PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

Crushed Concrete - CRMP Moyock Plant1.51.0.75.5

.375#4#8#10#30#40#80

#200

100.090.678.467.860.748.038.736.622.617.8

9.25.5

100.075.0 - 97.0

55.0 - 80.0

35.0 - 55.0

25.0 - 45.0

14.0 - 30.0

4.0 - 12.0

NP NV NP

24.9790 22.2331 9.26325.4344 1.1157 0.34110.2024 45.76 0.66

GP-GM A-1-a

Proctor No. 1F.M.=4.99

Sound WoodsSound Woods Subdivision

EC19-166T

Material Description

Atterberg Limits

Coefficients

Classification

Remarks

Location: Contractor ProvidedSample Number: 1 Date:

Client:Project:

Project No: Figure

SIEVE PERCENT SPEC.* PASS?SIZE FINER PERCENT (X=NO)

PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100

NCDOT ABC

% +3"Coarse

% GravelFine Coarse Medium

% SandFine Silt

% FinesClay

0.0 21.6 30.4 11.4 18.8 12.3 5.5

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200

Particle Size Distribution Report



ryde

nsity

,pcf

123

128

133

138

143

148


1 3 5 7 9 11 13

5.1%, 143.0 pcf

7.0%, 133.9 pcf

ZAV forSp.G. =2.75



GW-GM A-1-a 2.82 NV NP 30.7 6.7

ABC Stone - Grey Crushed GRAVEL






Location: Sutryk Court Sample Number: 2GET SOLUTIONS, INC.





GETSOLUTIONS, INC.


NCDOT ABC

PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

ABC Stone - Grey Crushed GRAVEL1.51.0.75.5

.375#4#8#10#30#40#80

#200

100.088.269.355.349.339.332.230.421.719.312.3

6.7

100.075.0 - 97.0

55.0 - 80.0

35.0 - 55.0

25.0 - 45.0

14.0 - 30.0

4.0 - 12.0

NP NV NP

26.3148 24.0939 15.31339.8873 1.9223 0.25110.1293 118.40 1.87

GW-GM A-1-a



EC19-166T


Atterberg Limits

Coefficients

Classification

Remarks

Location: Sutryk CourtSample Number: 2 Date:

Client:Project:

Project No: Figure


PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100

NCDOT ABC

% +3"Coarse


% SandFine Silt

% FinesClay

0.0 30.7 30.0 8.9 11.1 12.6 6.7

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200


Project:Project Location:Client:General Contractor: Temp. (˚F) 50Grading Contractor:

Spec Actual

1 10.5 129.4 1 100 100 X

2 11.5 130.2 1 100 100 X

3 11.5 130.1 1 100 100 X

4 12.0 130.7 1 100 100 X

5 12.2 131.3 1 100 100 X

6 10.0 128.6 1 100 100 X

7 13.0 132.0 1 100 100 X

8 10.1 128.4 1 100 100 X

9 4.0 142.5 2 100 100 X

10 4.5 141.3 2 100 99 X

Compaction Equipment Used: Proctor Number: 1 2Field Testing Procedure: Proctor Type:Field Testing Method: x Method A Depth: 6 inches Material Description: ABC Stone

Method B Depth: Backscatter Max. Dry Density (pcf): 117.0 143.0Optimum Moisture (%): 14.9 5.1

Moisture: 704 Density: 2119 Make: Model:Troxler 3430

Remarks:

DryDensity

(pcf)

117.1

116.8

116.7

117.2

117.0

116.9

116.8

116.6 2" BFG Sanderson Court; Approx. 90' From Intersection with Tulls Creek Road; 5' offSouth Edge

Sutryk Court; Approx. 30' South of Sanderson Court; 6' off East Edge137.0

135.2

Vibratory RollerASTM D 6938

2" BFG

2" BFG

Sanderson Court; Approx. 2115' From Intersection with Tulls Creek Road; 6'off East Edge

General Test Location:

Sutryk Court; Approx. 85' South of Sanderson Court; 6' off West Edge

2" BFG

2" BFG

2" BFG

Sanderson Court; Approx. 1860' From Intersection with Tulls Creek Road; 5'off West Edge

Sanderson Court; Approx. 1575' From Intersection with Tulls Creek Road; 7'off North Edge

Sanderson Court; Approx. 1265' From Intersection with Tulls Creek Road; 4'off South Edge

C & L Concrete Works, Inc.

EC19-166T

Sanderson Court and Sutryk CourtOvercast

Moyock, North Carolina J. Meads

Weather:Job Number:Technician:

Miller HomesC & L Concrete Works, Inc.

COMPACTION TEST REPORT

3/20/19Date:

PAGE 1 OF 1


G E T Solutions, Inc.106 Capital Trace; Unit EElizabeth City, North Carolina 27909Tel: (252) 335-9765Fax:(252) 335-9766

TestNumber

Moisture(%)

% Proctor Test Location(Grid, Coordinates, Roadway Station, etc.)Pass Fail Test

Elevation*ProctorNumber

WetDensity

(pcf)


2" BFG

2" BFG

2" BFG

2" BFG

Sanderson Court; Approx. 995' From Intersection with Tulls Creek Road; 7' offNorth Edge

Sanderson Court; Approx. 795' From Intersection with Tulls Creek Road; 6' offSouth Edge

ASTM D 698

Test locations and test elevations are approximate and are established in the field by theGET Solutions, Inc. technician.

* Note: BFF = Below Finish Floor, BFG = Below Finish Grade, FG = Finished Grade

Gauge Standardization Counts: Gauge Identification:Serial #:32487

Crushed Concrete


Spec Actual

1 3.6 141.1 2 100 95 X

2 3.5 139.7 2 100 94 X

3 4.2 142.6 2 100 96 X

Compaction Equipment Used: Proctor Number: 2Field Testing Procedure: Proctor Type:Field Testing Method: x Method A Depth: 6 inches Material Description:

Method B Depth: Backscatter Max. Dry Density (pcf): 143.0Optimum Moisture (%): 5.1

Moisture: Density: Make: Model:Troxler 3430

Remarks:

ASTM D 698



Gauge Standardization Counts: Gauge Identification:Serial #:

ABC Stone

TestNumber

Moisture(%)



WetDensity

(pcf)


3/20/19Date:

PAGE 1 OF 1



EC19-166T

Sutryk CourtCloudy

Moyock, North Carolina B. Gallop


Sound WoodsC & L Concrete Works, Inc.

Approx. 50' South of the Intersection with Sanderson Court; 4' Offsetof West Edge


2" BFG

2" BFG

2" BFG

West Half of Cul-De-Sac (Approx. Lot 9 and Lot 10 Adjoining PropertyLines); 10' Offset of West Edge

East Half of Cul-De-Sac (Approx. Lot 12 and Lot 13 Adjoining PropertyLines); 6' Offset of East Edge



DryDensity

(pcf)

136.2

135.0

136.9

GETSOLUTIONS, INC.


C&L Concrete JMF 12-1407-151; Type S 9.5B

PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

In Place Surface Mix Asphalt (Type S-9.5b).75.5

.375#4#8#10#16#40#60#80

#100#200

100.099.595.174.556.853.544.932.522.112.3

9.14.3

50.0 - 66.0

2.9 - 7.9

NP NV NP

7.7896 6.6012 2.73621.6445 0.3592 0.19870.1593 17.18 0.30

SP

Asphalt Core C-3Asphalt Content - 6.5%F.M.=3.56


EC19-166T


Atterberg Limits

Coefficients

Classification

Remarks

Location: Asphalt Core; C-3Sample Number: 3 Date:

Client:Project:

Project No: Figure


PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100


% +3"Coarse


% SandFine Silt

% FinesClay

0.0 0.0 25.5 21.0 21.0 28.2 4.3

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200


STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III

GOVERNOR SECRETARY

Mailing Address:

NC DEPARTMENT OF TRANSPORTATION DISTRICT FIELD OFFICE

1929 NORTH ROAD STREET ELIZABETH CITY, NC 27909

Telephone: (252) 331-4737 Fax: (252) 331-4739

Customer Service: 1-877-368-4968

Website: www.ncdot.gov

Location: 1929 NORTH ROAD STREET ELIZABETH CITY, NC 27909

March 28, 2019 Mr. Sam Miller Sound Woods PO Box 178 Camden, NC 27921 Subject: Pavement Certification – Sound Woods Subdivision Currituck County Dear Mr. Miller: We have received the attached test report from GET Solutions, dated March 28, 2019, for the construction of Sound Woods Subdivision, Report 1, in Currituck County. The Pavement Design consisted of 6” of ABC Stone Base overlain with 2 inches of 2” of S-9.5B Surface Course. Sanderson Court has been paved and tested. Sutryk has had the stone base installed but is awaiting further drying before final stone density testing and paving can commence.

Based upon our review, the asphalt surface and aggregate base courses completed are in general conformance with the Minimum Design and Construction Criteria for Subdivision Roads. This road will be eligible for petitioning the addition to the State System of Maintained Roads upon completion of paving, and satisfying all other applicable minimum NCDOT criteria. Sincerely, Randy W. Midgett, PE District Engineer Attachments Cc: J.D. Jennings, PE C.W. Bridgers, PE

D.B. Otts, PE G. Cooke File

http://www.ncdot.gov/

106 Capital Trace; Unit E · Elizabeth City, NC 27909 · Phone: (252)335-9765 · Fax: (252)[email protected]

March 28, 2019

TO: Sound WoodsP.O. Box 178Camden, NC 27921

Attn: Mr. Sam Miller

RE: Construction Materials Testing ServicesSound Woods SubdivisionCurrituck County, North CarolinaGET Solutions Project # EC19-166TReport No. 1

Dear Mr. Miller:

Pursuant to your request, G E T Solutions, Inc. has provided field and laboratory testing of thepreviously placed Aggregate Base Course (ABC) and surface mix asphalt materials for theabove referenced project. The recent construction at this site included ABC and asphaltplacement along the Sanderson Court alignment and placement of ABC along the SutrykCourt alignment. Furthermore, the currently completed testing along the Sutryk Courtroadway alignment was limited to ABC compaction and thickness testing with asphaltplacement and testing to occur at a later date.

The project required a pavement section composed of 6 inches of ABC materials overlainby 2-inches of surface mix asphalt materials (Type S-9.5b). The project specificationsrequired testing of the ABC materials and asphalt materials is performed for qualityassurance, in accordance with the NCDOT requirements. Accordingly, our scope ofservices was limited to the evaluation of the ABC materials and asphalt materials placedprior to our specific testing events as they relate to thickness, density, aggregategradation, and/or asphalt content. Our scope of services excluded an evaluation of thenatural subgrade soils and compaction testing of select fill necessary to establish thedesign grade elevations, if required. As such GET Solutions, Inc. cannot attest to thecondition of the natural subgrade soils and/or select fill materials as they relate to suitablepavement support.


SCOPE OF SERVICES

For this project, G E T Solutions, Inc. has performed the following tasks:

§ Performed laboratory testing on a bulk sample (Proctor No. 1) of the Crushed Concretematerials received from the contractor and reported to have been placed alongSanderson Court. Laboratory procedures included natural moisture, full sieve, andStandard Proctor testing. The laboratory test results indicated the imported CrushedConcrete materials were in general accordance with NCDOT aggregate gradationrequirements and were classified to consist of GRAVEL (GP-GM). The results of thesetesting procedures are provided on the “Moisture Density Relationship Proctor Curve”and “Particle Size Distribution” test report sheets attached to this report.

§ Performed bulk sampling (Proctor No. 1) of the previously placed ABC materials withinthe observed Sutryk Court roadway alignment. The sample was returned to ourElizabeth City, NC laboratory for natural moisture, full sieve, and Proctor testing ingeneral accordance with NCDOT requirements. The laboratory test results indicated theimported ABC materials were in general accordance with NCDOT aggregate gradationrequirements and were classified to consist of GRAVEL (GW-GM). The results of thesetesting procedures are provided on the “Moisture Density Relationship Proctor Curve”and “Particle Size Distribution” test report sheets attached to this report.

§ Performed compaction testing of the Crushed Concrete materials placed within theobserved Sanderson Court roadway alignment. The compaction testing procedures thatwere performed during the morning visit on the date of March 20, 2019 indicated the inplace Crushed Concrete materials were compacted to at least 100% of the StandardProctor. Additionally, the Crushed Concrete materials were evaluated for thickness atthe compaction test locations, which indicated a thickness of at least 6 inches at thetested locations. The results of these testing procedures and their associated testlocations are provided on the “Compaction Test Report” sheets attached to this report.


§ Performed compaction testing of the imported ABC materials placed within the observedSutryk Court roadway alignment. The compaction testing procedures that wereperformed during the morning and afternoon visits on the date of March 20, 2019indicated the in place ABC materials were not compacted to the specified minimum of100% of the Standard Proctor. Although the requested scope of services did not includea proofroll operation, the ABC materials were observed to be unstable when exposed toheavy construction traffic. Based on our experience with similar conditions, it wasanticipated that the yielding conditions were associated with unstable subgrade soils withdeflections propagating up through the ABC materials as a result of excessive moisture.As such, it was recommended to allow the subgrade soils sufficient time to dry and healprior to proceeding with additional ABC compaction and/or asphalt paving. The results ofthese testing procedures and their associated test locations are provided on the“Compaction Test Report” sheets attached to this report.

§ Performed coring operations at five (5) locations with the use of a 6-inch diameter corebarrel within the Sanderson Court roadway alignment. Core locations were establishedin the field by a G E T Solutions, Inc. representative prior to initiating the coringoperations.

§ Performed laboratory testing procedures at G E T Solutions, Inc.’s laboratory located inElizabeth City, NC. The laboratory testing procedures consisted of average corespecimen thickness and bulk specific gravity as well as asphalt content and asphaltaggregate gradation analysis. The laboratory test procedures were executed in generalaccordance with NCDOT testing procedures. The specific gravity (density) andthickness test results are provided in the following table (Table I – Asphalt LaboratoryTest Results). The asphalt content test results are provided in Table II – Asphalt ContentResults and the asphalt aggregate gradation analysis test results are provided on theattached “Particle Size Distribution” sheets.


Table I – Asphalt Laboratory Test Results

Sample# Sample Location(1) Asphalt

Type

AverageSample

Thickness(in.)

SpecificGravity

PercentCompaction(Min. 92%)(2)




Creek Road, 6’ Offset of North Edge S9.5b 2.15 2.216 91.0




Creek Road, 6’ Offset of East Edge S9.5b 2.1 2.241 92.1


Creek Road, 7’ Offset of West Edge S9.5b 2.06 2.255 92.6

Average 2.23 2.240 92

Note (1) = Locations provided in the table above are considered to be approximate.Note (2) = Percent compaction based on the laboratory maximum theoretical specific gravity value of 2.434

for Type S-9.5b, furnished by C&L Concrete Works, Inc.

Table II – Asphalt Content Test Results

Sample # Sample LocationAsphalt

Content (%)(1)

C-3 Sanderson Court; Approx. 1038’ from Tulls Creek Road,7’ Offset of South Edge 6.5%

Note (1) = Percent asphalt requirement for Type S9.5b is 5.8% +/- 0.7% per the Job MixFormula (JMF) provided by the contractor and the NCDOT allowable tolerance.


We appreciate the opportunity to be of service to you on this project, and trust you will callthis office with any questions that you may have.

Respectfully Submitted,G E T Solutions, Inc.

Gerald W. Stalls Jr., P.E.Senior Project EngineerNC Lic. #034336

Copies: (1) Client

Attachment: Moisture Density Relationship (Proctor Curve) – Proctor No. 1Particle Size Distribution Reports – Proctor No. 1Moisture Density Relationship (Proctor Curve) – Proctor No. 2Particle Size Distribution Reports – Proctor No. 2Compaction Test Report(s)Particle Size Distribution Report (Asphalt; S-9.5b Materials: (Core C-3)



ryde

nsity

,pcf

85

95

105

115

125

135


12 13.5 15 16.5 18 19.5 21

14.9%, 117.0 pcf

16.8%, 108.3 pcfZAV forSp.G. =2.85



GP-GM A-1-a 9.9 NV NP 21.6 5.5

Crushed Concrete - CRMP Moyock Plant






Location: Contractor Provided Sample Number: 1GET SOLUTIONS, INC.





GETSOLUTIONS, INC.


NCDOT ABC

PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

Crushed Concrete - CRMP Moyock Plant1.51.0.75.5

.375#4#8#10#30#40#80

#200

100.090.678.467.860.748.038.736.622.617.8

9.25.5

100.075.0 - 97.0

55.0 - 80.0

35.0 - 55.0

25.0 - 45.0

14.0 - 30.0

4.0 - 12.0

NP NV NP

24.9790 22.2331 9.26325.4344 1.1157 0.34110.2024 45.76 0.66

GP-GM A-1-a



EC19-166T


Atterberg Limits

Coefficients

Classification

Remarks

Location: Contractor ProvidedSample Number: 1 Date:

Client:Project:

Project No: Figure


PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100

NCDOT ABC

% +3"Coarse


% SandFine Silt

% FinesClay

0.0 21.6 30.4 11.4 18.8 12.3 5.5

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200




ryde

nsity

,pcf

123

128

133

138

143

148


1 3 5 7 9 11 13

5.1%, 143.0 pcf

7.0%, 133.9 pcf

ZAV forSp.G. =2.75



GW-GM A-1-a 2.82 NV NP 30.7 6.7

ABC Stone - Grey Crushed GRAVEL






Location: Sutryk Court Sample Number: 2GET SOLUTIONS, INC.





GETSOLUTIONS, INC.


NCDOT ABC

PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

ABC Stone - Grey Crushed GRAVEL1.51.0.75.5

.375#4#8#10#30#40#80

#200

100.088.269.355.349.339.332.230.421.719.312.3

6.7

100.075.0 - 97.0

55.0 - 80.0

35.0 - 55.0

25.0 - 45.0

14.0 - 30.0

4.0 - 12.0

NP NV NP

26.3148 24.0939 15.31339.8873 1.9223 0.25110.1293 118.40 1.87

GW-GM A-1-a



EC19-166T


Atterberg Limits

Coefficients

Classification

Remarks

Location: Sutryk CourtSample Number: 2 Date:

Client:Project:

Project No: Figure


PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100

NCDOT ABC

% +3"Coarse


% SandFine Silt

% FinesClay

0.0 30.7 30.0 8.9 11.1 12.6 6.7

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200



Spec Actual

1 10.5 129.4 1 100 100 X

2 11.5 130.2 1 100 100 X

3 11.5 130.1 1 100 100 X

4 12.0 130.7 1 100 100 X

5 12.2 131.3 1 100 100 X

6 10.0 128.6 1 100 100 X

7 13.0 132.0 1 100 100 X

8 10.1 128.4 1 100 100 X

9 4.0 142.5 2 100 100 X

10 4.5 141.3 2 100 99 X

Compaction Equipment Used: Proctor Number: 1 2Field Testing Procedure: Proctor Type:Field Testing Method: x Method A Depth: 6 inches Material Description: ABC Stone

Method B Depth: Backscatter Max. Dry Density (pcf): 117.0 143.0Optimum Moisture (%): 14.9 5.1

Moisture: 704 Density: 2119 Make: Model:Troxler 3430

Remarks:

DryDensity

(pcf)

117.1

116.8

116.7

117.2

117.0

116.9

116.8

116.6 2" BFG Sanderson Court; Approx. 90' From Intersection with Tulls Creek Road; 5' offSouth Edge

Sutryk Court; Approx. 30' South of Sanderson Court; 6' off East Edge137.0

135.2


2" BFG

2" BFG

Sanderson Court; Approx. 2115' From Intersection with Tulls Creek Road; 6'off East Edge


Sutryk Court; Approx. 85' South of Sanderson Court; 6' off West Edge

2" BFG

2" BFG

2" BFG

Sanderson Court; Approx. 1860' From Intersection with Tulls Creek Road; 5'off West Edge


Sanderson Court; Approx. 1265' From Intersection with Tulls Creek Road; 4'off South Edge


EC19-166T

Sanderson Court and Sutryk CourtOvercast

Moyock, North Carolina J. Meads


Miller HomesC & L Concrete Works, Inc.


3/20/19Date:

PAGE 1 OF 1



TestNumber

Moisture(%)



WetDensity

(pcf)


2" BFG

2" BFG

2" BFG

2" BFG

Sanderson Court; Approx. 995' From Intersection with Tulls Creek Road; 7' offNorth Edge

Sanderson Court; Approx. 795' From Intersection with Tulls Creek Road; 6' offSouth Edge

ASTM D 698



Gauge Standardization Counts: Gauge Identification:Serial #:32487

Crushed Concrete


Spec Actual

1 3.6 141.1 2 100 95 X

2 3.5 139.7 2 100 94 X

3 4.2 142.6 2 100 96 X

Compaction Equipment Used: Proctor Number: 2Field Testing Procedure: Proctor Type:Field Testing Method: x Method A Depth: 6 inches Material Description:

Method B Depth: Backscatter Max. Dry Density (pcf): 143.0Optimum Moisture (%): 5.1

Moisture: Density: Make: Model:Troxler 3430

Remarks:

ASTM D 698



Gauge Standardization Counts: Gauge Identification:Serial #:

ABC Stone

TestNumber

Moisture(%)



WetDensity

(pcf)


3/20/19Date:

PAGE 1 OF 1



EC19-166T

Sutryk CourtCloudy

Moyock, North Carolina B. Gallop


Sound WoodsC & L Concrete Works, Inc.

Approx. 50' South of the Intersection with Sanderson Court; 4' Offsetof West Edge


2" BFG

2" BFG

2" BFG

West Half of Cul-De-Sac (Approx. Lot 9 and Lot 10 Adjoining PropertyLines); 10' Offset of West Edge

East Half of Cul-De-Sac (Approx. Lot 12 and Lot 13 Adjoining PropertyLines); 6' Offset of East Edge



DryDensity

(pcf)

136.2

135.0

136.9

GETSOLUTIONS, INC.



PL= LL= PI=

D90= D85= D60=D50= D30= D15=D10= Cu= Cc=

USCS= AASHTO=

*

In Place Surface Mix Asphalt (Type S-9.5b).75.5

.375#4#8#10#16#40#60#80

#100#200

100.099.595.174.556.853.544.932.522.112.3

9.14.3

50.0 - 66.0

2.9 - 7.9

NP NV NP

7.7896 6.6012 2.73621.6445 0.3592 0.19870.1593 17.18 0.30

SP

Asphalt Core C-3Asphalt Content - 6.5%F.M.=3.56


EC19-166T


Atterberg Limits

Coefficients

Classification

Remarks

Location: Asphalt Core; C-3Sample Number: 3 Date:

Client:Project:

Project No: Figure


PE

RC

EN

TFI

NE

R

0

10

20

30

40

50

60

70

80

90

100

GRAIN SIZE - mm.

0.0010.010.1110100


% +3"Coarse


% SandFine Silt

% FinesClay

0.0 0.0 25.5 21.0 21.0 28.2 4.3

6in

.

3in

.

2in

.1½

in.

1in

.¾

in.

½in

.3/

8in

.

#4 #10

#20

#30

#40

#60

#100

#140

#200


1

NORTH CAROLINA Prepared by and return to: John S. Morrison CURRITUCK COUNTY The Twiford Law Firm, P.C. Post Office Box 669 Moyock, NC 27958

DECLARATION OF RESTRICTIVE COVENANTS OF LAUREL WOODS ESTATESSOUND WOODS

THIS DECLARATION is made and entered into this the ____ day of _______________, 20192, by and between _________________________________, party of the first part (hereinafter referred to as "Developer"); and prospective purchasers and/or any person subsequently acquiring title to or possession of any Lot or Lots in Laurel Woods EstatesSound Woods, parties of the second part (hereinafter collectively referred to as "Owners");

W I T N E S S E T H:

WHEREAS, Developer is the Owner of all of that tract of real property located in ________________ Township, Currituck County, North Carolina, and being more particularly shown and described on that certain map or plat entitled "_____________________________," recorded in Map Book ______ at Page(s) ______ in the office of the Register of Deeds of Currituck County, North Carolina, reference to said plats being hereby specifically made; and

WHEREAS, Developer proposes to sell and convey certain Lots shown on the aforesaid

plat to be used for residential purposes and to develop said Lots, and any additional property within or adjacent to the Development Area which may be acquired by Developer, into a well planned community; and

WHEREAS, Developer, prior to selling and conveying the aforesaid residential Lots,

desires to impose upon such Lots certain mutual and beneficial restrictions, covenants and conditions and charges (hereinafter collectively referred to as "Restrictions") for the benefit and

2

complement of all of the residential Lots in the subdivision in order to promote the best interests and protect the investments of Developer and Owners;

NOW, THEREFORE, Developer hereby declares that all numbered Lots shown on the

aforesaid plat entitled "Laurel Woods EstatesS," recorded in Map Bound Woods” Book _______ at Page(s) ______ recorded in Map Book ______ at Page ______ and also include Map Book _______ at Page(s) ______ recorded in Map Book ______ at Page ______ also in the office of the Register of Deeds of Currituck County, North Carolina, and any additional property as may by subsequent amendment be added to and subjected to this Declaration, are held and shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to this Declaration and to the following Restrictions. This Declaration and the Restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the real property or any part or parts thereof subject to this Declaration.

3

ARTICLE 1

DEFINITIONS

As used herein, the following definitions shall be applicable to this Declaration of Restrictive Covenants:

A. "Articles" means the Articles of the Incorporation of Laurel Woods

Estates NCSound Woods Homeowners Association, Inc.

B. "Corporation" means Laurel Woods EstatesSound Woods NC Homeowners Association, Inc., a North Carolina non-profit corporation.

C. "Board of Directors" or "Board" shall be the elected body governing the

Corporation and managing the affairs of the Corporation pursuant to the By-Laws of the Corporation adopted by the incorporators of said Corporation and as amended.

D. "Incorporators" means the original incorporators of Laurel Woods

Estates NCSound Woods Homeowners Association, Inc. E. "By-Laws" means the By-Laws of Laurel Woods EstatesSound Wo ods

NC Homeowners Association, Inc. F. "Community Use Areas" means all real and personal property owned by

the Corporation, together with those areas within dedicated portions of the Development Area and the Subdivision, which may be deeded to or acquired by the Corporation for the common enjoyment of the members of the Corporation. The Community Use Areas to be owned by the Association shall include that property designated and delineated as "Open Space" on that certain plat recorded in Plat Book ____, Page ____, Currituck County Registry and those certain walkways, ponds, and open space are delineated as “Open Space” on the aforementioned plat.

G. "Common Expenses" means and includes actual and estimated expenses

of maintaining and operating the Community Use Areas and operating the Corporation for general purposes, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board of Directors pursuant to this Declaration, the By-Laws and the Articles of Incorporation of the Corporation.

H. "Declarant" means ____________________________, its successors or assigns or any legal entity acquiring Ownership of portions of the Development Area heretofore not dedicated with the intent and for the purpose of further development.

I. "Dedication" means the act of committing a portion of the Development Area or the Subdivision to the purposes of this Declaration.

J. "Developer" means ___________________________, its successors or

assigns or any legal entity acquiring Ownership of portions of the Development Area heretofore not dedicated with the intent and for the purpose of further development.

K. "Development Area" shall mean that property described by deed recorded

in Deed Book ____, Page ____, and a certain map or plat entitled

4

"__________________________________," and delineated in that certain plat recorded in Map Book ____ at Page ____ in the office of the Register of Deeds of Currituck County, North Carolina in the Office of the Register of Deeds of Currituck County, North Carolina.

L. "Lot" means a separately numbered tract of land lying within the Subdivision or other dedicated portion of the Development Area and which, according to the plat of that portion recorded at the dedication thereof, may be conveyed by the Developer and owned in fee by the Grantee thereof, and held for such uses as are consistent with this Declaration and the Restrictions covering the area wherein the tract is located. No tract of land shall become a "Lot" as that word is used herein until the area on which the same is located is "dedicated." The Owner of all of a numbered Lot may combine such Lot with part or parts of another such numbered Lot and the aggregate shall be considered as one Lot for the purpose of these Restrictions.

M. "Subdivision" means Laurel Woods EstatesSound Woods and any portion of the Development Area which has been dedicated pursuant to this Declaration.

N. "Architectural Control Committee," hereinafter referred to as the

Committee, means the committee appointed by the Board of Directors of the Corporation, pursuant to the By-Laws of the Corporation, to approve all construction in Laurel Woods Estates.

O. "Trailerable Boats" means boats which may be legally trailered upon the

highways of this state without permits and which are trailered in their ordinary use and enjoyment.

P. “Subdivision Plat” shall mean and refer to that certain map or plat entitled

“Laurel Woods EstatesSound Woods,” prepared by ________________________, under date of _____________________, and recorded in Map Book ______ at Page _________, in the Office of the Register of Deeds of Currituck County, North Carolina.

ARTICLE 2

PROPERTY RIGHTS

A. Owners’ Easement of Enjoyment: Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1. the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; 2. the right of the Association to suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; 3. the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the members;

5

No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the members of the Association has been recorded. B. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, tenants, or contract purchases who reside on the property.

ARTICLE 3

APPLICABILITY

These restrictions shall apply to all Lots shown on the aforesaid plat or map, and additional plats or maps of subdivisions of the Development Area, which Lots are for single family, residential purposes only. These Restrictions shall not be applicable to any unnumbered lands or lands designated on the plat as "Open Space" or other lands of Developer, and Developer is withholding these parcels from these Restrictions pursuant to its general scheme of development, the absence of Restrictions thereupon being intended to allow Developer maximum flexibility in the determination of the development of such parcels.

6

ARTICLE 4

LAUREL WOODS ESTATES NCSOUND WOODS HOMEOWNERS ASSOCIATION,

INC.

A. A corporation named Laurel Woods Estates NC Homeowners AssociationSound Woods HOA, Inc., has been formed pursuant to the rules and requirements of the Non-Profit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the Community Use Areas and facilities located upon the Community Use Areas; to enforce the restrictions contained herein; to make and enforce rules and regulations governing the Owners’ use and occupation of Lots; and to assess and collect assessments levied by the Corporation as necessary for the Ownership, management, maintenance and operation of the Community Use Areas and facilities located thereon and for the operation of the affairs of the Corporation as set out in the By-Laws of the Corporation.

B. Each Owner of each Lot within the Subdivision shall be a member of the Corporation automatically with the purchase of any lot Membership is mandatory for all owners of or purchasers of land within the subdivision and their successors in title. The Declarant, by this Declaration, and the Owners of individual Lots by their acceptance of individual deeds thereto agree and covenant that they shall be a member of the Corporation and covenant and agree with respect to the Corporation:

1. That for so long as each is an Owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Corporation.

2. That each shall be subject to the rules and regulations of the Corporation with regard to Ownership of a Lot.

3. That any unpaid assessment, whether general or special, levied by

the Corporation in accordance with these Restrictions, the Articles or the By-Laws shall be a lien upon the Lot upon which such assessment was levied, and shall be the personal obligation of the Owner of the Lot at the time the assessment fell due and shall be subordinate only to tax and mortgage liens.

4. All members of an association shall be responsible for contributions to the association’s reserve fund to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure.

C. Each membership in the Corporation shall relate to and have a unity of interest with an individual Lot which may not be separated from Ownership of said Lot.

D. The association documents shall establish that the subdivider shall maintain the

common area, common facilities, and infrastructure until 51 percent of the lots are sold; and is responsible for maintaining the subdivision’s common areas, common facilities, and private infrastructure shall be transferred in accordance with the

7

standards in Section 6.1.4.F, Transfer of Maintenance Responsibility of the Currituck County, UDO. Maintenance responsibility is not transferred from the subdivider or developer to the association until all of the immediately following occur:

1. At least 7551 percent of the total number of lots in the subdivision are sold; and 2. The subdivider or developer provides an affidavit or resolution signed by the association president that accepts maintenance responsibility for the subdivision; and 3. The subdivider or developer commissions a report prepared by a licensed engineer indicating that all common areas, common features, and infrastructure elements comply with the minimum standards in this Ordinance and the County Code of Ordinances; and 4. County staff reviews and approves the report prepared by a licensed engineer; and 5. A reserve fund dedicated to the continued maintenance and upkeep of common areas, common features, and private infrastructure is established with a banking institution acceptable to the county in the name of the association, that contains a minimum balance equal to 10 percent of the construction costs of all common areas, common features, and private infrastructure, or $10,000.00, whichever is greater. In the event the association has not collected sufficient assessment funds from the lot owners in the subdivision to meet the minimum balance requirements of the reserve fund, the subdivider or developer shall be responsible for the difference needed to meet the minimum balance requirements. Applications to turn over maintenance responsibility to the association for common areas, common features, or private infrastructure prior to conveyance of 7551 percent of the lots in the subdivision may be reviewed by the Board of Commissioners. The Board of Commissioners, at the request of the subdivider, shall waive the requirement upon a finding that the association has sufficient financial capacity to assume maintenance responsibility for common areas, common facilities, and private infrastructure.

E. The Association understands that is is responsible to have and maintain in good standing liability insurance and must pay all applicable taxes for common areas. F. The Association understands and accepts that it is responsible for on-site improvements not dedicated to local or state agency, not limited to streets, drainage systems, open space areas, and recreational facilities.

ARTICLE 5

8

MANAGEMENT AND ADMINISTRATION

The management and administration of the affairs of the Community Use Areas of the Subdivision shall be the sole right and responsibility of the Corporation. The management shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles and the By-Laws of the Corporation, but may be delegated or contracted to managers or management services.

ARTICLE 6

COMMUNITY EXPENSES

The Community Expenses of the Subdivision include:

A. All amounts expended by the Corporation in:

1. Operating the affairs of the Corporation; 2. Operating, administering, managing, repairing, replacing and

improving the Community Use Areas of the Subdivision; 3. Insuring the Community Use Areas in the Subdivision; 4. Legal, insurance, engineering, or architectural fees; 5. Performing the functions delegated to the Corporation by these

Restrictions; and 6. In enforcing these Restrictions, the Articles or the By-Laws.

B. All amounts expended by the Corporation in carrying out any duty or

discretion as may be required or allowed by these Restrictions, the Articles or the By-Laws.

C. All amounts declared to be Community Expenses in the By-Laws or in these Restrictions.

D. All taxes and special assessments which may be levied from time to time by any governmental authority upon the Community Use Areas in the Subdivision.

ARTICLE 7

ANNUAL GENERAL ASSESSMENT

A. The Declarant for each Lot owned, hereby covenants and each Owner of any Lot by acceptance of a deed for same (whether or not it shall be so expressed in such deed) is deemed to covenant and agrees to pay to the Corporation annual general assessments or charges as hereinafter provided. The annual general assessments, together with interest, costs, and reasonable attorneys’ fees, shall be a charge and lien on the land and, subject to the provisions of Paragraph F of this Article, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, each such assessment, together with interest, costs, and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner

9

of the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

B. Until June 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment allowed shall not exceed One Hundred and No/100 Dollars ($500.00) per Lot.

1. From and after June 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased each year not more than ten percent (10%) above the assessment for the previous year without any vote of the membership.

2. From and after June 1 of the year immediately following the

conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased by an amount greater than ten percent (10%) of the assessment for the previous year provided the proposed increase is approved by a vote of two-thirds (2/3) of the members who are voting in person or by a proxy at a meeting duly called for this purpose.

3. The Board of Directors may fix the annual general assessment at an amount not in excess of the maximum.

4. Once the annual general assessment has been set, notice of the annual general assessment shall be given to all members. After the initial notice of the assessment, the assessment shall become due and payable as provided by the Board of Directors.

C. Written notice of any meeting called for the purpose of taking any action authorized under Paragraph 2.B. shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

D. The annual general assessments levied by the Corporation shall be used exclusively to improve, maintain and repair the Community Use Areas, to pay the expenses of the Corporation, to pay the cost of lighting the Community Use Areas, to pay the cost of any insurance the Corporation determines to purchase and to promote the recreation, health, safety and welfare of the members and to pay taxes levied upon the community Use Areas.

E. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Corporation as to the status of assessments on a Lot is binding upon the Corporation as of the date of its issuance.

F. The lien of the assessments provided for herein shall be subordinate to the

lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which

10

became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE 8

SPECIAL ASSESSMENTS

Special assessments may be levied against Lots for such reasons as are provided in these Restrictions, the Articles or the By-Laws and on such terms as provided by the Board of Directors or the members. Either the Board of Directors or the members may levy and impose special assessments upon a majority vote. The purposes for which special assessments may be levied include, but are not limited to, providing funds to pay Community Expenses which exceed the general assessment fund then on hand to pay same and providing a contingency fund for capital improvements and extraordinary expenses. Furthermore, special assessments may be assessed against specific Lots. In the event the Owner of a Lot fails to comply with the provisions of Article 12 hereof, the Corporation may perform such task or remedy such matter and levy the cost of such performance against the Owner of such Lot and such Lot as a special assessment.

ARTICLE 9

LIEN FOR ASSESSMENTS

Any general or special assessment, if not paid within thirty (30) days after the date such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys fees shall constitute a lien against the Lot upon which such assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of Superior Court of Currituck County or file a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein.

ARTICLE 10

COMPLIANCE WITH THIS DECLARATION, THE ARTICLES AND THE BY-LAWS OF THE CORPORATION

In the case of failure of a Lot Owner to comply with the terms and provisions contained

in this Declaration, the Articles or the By-Laws of the Corporation, the following relief shall be available:

A. The Corporation, an aggrieved Lot Owner or Owners within the Subdivision on behalf of the Corporation, or any Lot Owner on behalf of all the Lot Owners within the Subdivision shall have the right to bring an action and recover sums due, damages, injunctive relief, and/or such other and further relief as may be just and appropriate.

B. The Corporation shall have the right to remedy the violation and assess the

costs of remedying same against the offending Lot Owner as a special assessment.

11

C. If the violation is the nonpayment of any general or special assessment, the Corporation shall have the right to suspend the offending Owner’s voting rights and the use by such Owner, his agents, employees and invitees of the Community Use Areas in the Subdivision for any period during which an assessment against the Lot remains unpaid.

D. The remedies provided by this Article are cumulative, and are in addition

to any other remedies provided by law.

E. The failure of the Corporation or any Person to enforce any restriction contained in these Restrictions, the Articles or the By-Laws shall not be deemed to waive the right to enforce such restrictions thereafter as to the same violation or subsequent violation of similar character.

Prior to availing itself of the relief specified herein, the Corporation shall follow the hearing procedures as set forth in the By-Laws.

ARTICLE 11

PROPERTY RIGHTS OF LOT OWNER, CROSS-EASEMENTS, AND EXCEPTIONS AND RESERVATIONS BY DECLARANT

A. Every Owner of a Lot within the Subdivision, as an appurtenance to such

Lot, shall have a perpetual easement over and upon the Community Use Areas within the Subdivision for each and every purpose or use to which such Community Use Areas were intended as determined by their type, or for which such Community Use Areas generally are used. Such easements shall be appurtenant to and shall pass with the title to every Lot located within the Subdivision, whether or not specifically included in a deed thereto, subject to the following provisions:

1. The Corporation shall have the right to make reasonable rules and regulations respecting the use of same.

2. The Corporation shall have the right to suspend the voting rights of

a Lot Owner and his right to use the Community Use Areas within the Subdivision for any period during which the due assessment against such Owner’s Lot remains unpaid as is provided by Article 9 hereof, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations.

3. The Corporation shall have the right to charge reasonable admission and other fees for the use of any recreation facility situated upon the Community Use Areas.

B. The Corporation hereinafter may grant easements for utility purposes for the benefit of the Subdivision and the Lots now or hereafter located thereon, over, under, along and through the Community Use Areas.

C. Any Owner may delegate, in accordance with the By-Laws, his right of

enjoyment to the Community Areas and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

D. Easements and rights-of-way over and upon each Lot for drainage and the installation and maintenance of utilities and services are reserved exclusively to Developer for

12

such purposes as Developer may deem incident and appropriate to its overall development plan, such easements and rights-of-way being shown or noted on the aforesaid recorded plat of the Subdivision, which plat is incorporated by reference and made a part hereof for a more particular description of such easements and rights-of-way. The easements and rights-of-way areas reserved by Developer on each Lot pursuant hereto shall be maintained continuously by the Owner but no structures, plantings or other material shall be placed or permitted to remain upon such areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. Improvements within such areas also shall be maintained by the respective Owner except those for which a public authority or utility company is responsible.

E. The rights of the use of utility and service easements and rights-of-way areas as provided and defined herein for any type of cable transmission system is reserved exclusively to Developer, and no other cable transmissions service company or organization shall be permitted to service any Lot or combination of Lots except with the expressed permission of Developer.

ARTICLE 12

ARCHITECTURAL STANDARDS AND ARCHITECTURAL STANDARDS COMMITTEE

The Board of Directors shall establish an Architectural Control Committee (hereinafter

referred to as the "Committee") which shall be composed of three (3) members. . The Board of Directors shall have the right to appoint and remove, at any time and without cause, the three (3) members. The Developer shall have the right to appoint and remove any and all two (2) members of the Committee so long as the Developer continues to own any portion of the Development Area. The Developer also maintains the right to overrule a decision of the “Committee” at will again as long as the Developer continues to own any portion of the Development Area. At such time as the Developer no longer owns any portion of Development Area, or upon notification by the Developer to the Board of Directors that it does not desire to continue to appoint two (2) members of the Committee, all three (3) members shall be appointed or removed at any time and without cause, by the Board of Directors.

A. No construction, which term shall include within its definition clearing, excavation, grading and other site work, shall take place except in strict compliance with this Article, until the requirements thereof have been fully met, and until the approval of the Committee has been obtained. All grading, land disturbance, or any construction must fully comply with the restrictions set forth for the State Stormwater Permit SW7080931. Section 10 of the permit requires the following deed restrictions:

1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit # SW7080705, as issued by the Division of Water Quality under NCAC 2H. 1000. 2. The State of North Carolina is made the beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The conenants pertaining to stormwater may not be altered or rescinded without the expressed written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plans may not take place

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without the concurrence of the Division of Water Quality. 6. The maximum built upon area per lot is (See attached Table) square feet. This allotted amount includes any built upon area constructed within the property line boundaries, and that portion of the right away between the front lot line and the edge of the pavement. Built upon areas includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and conquina, but does not include open wood decking, or the water surface of swimming pools. 7. Filling or piping of any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. 8. Each lot must maintain a 30’ vegetated buffer between all impervious surfaces and surface waters. 9. All roof drains shall terminate at least 30’ from the mean high water mark.

B. The Committee shall have exclusive jurisdiction over all original

construction on any Lot and later changes or additions after initial approval thereof together with any modifications, additions or alterations subsequently to be constructed on any Lot or made to any improvements initially approved. The Committee shall prepare and, on behalf of the Board of Directors, shall promulgate architectural standard guidelines ("guidelines") and application and review procedures ("procedures"). The guidelines and procedures shall be those of the Corporation and the Committee shall have the sole and full authority to prepare and to amend the guidelines and procedures. The Committee shall make the guidelines and procedures available to Owners, and builders and developers wwho seek to engage in the development of or construction upon the Lots and who shall conduct their operations strictly in accordance therewith.

C. The Committee shall have the absolute and exclusive right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with any of the provisions of these Restrictions and the guidelines; if the design, color scheme or location upon the Lot or Lots of the proposed improvements are not in harmony with the general surroundings or adjacent structures; if the plans or specifications submitted are incomplete; or in the event the Committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the real property subject to this Declaration or the Owners thereof. The Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every Lot Owner or prospective Lot Owner within the development takes notice and is bound by these covenants, subject to the power of an amendment reserved in these covenants.

D. The Committee shall approve or disapprove plans, specifications and details submitted in accordance with its procedures within ten (10) days from the receipt thereof and the decisions of the Committee shall be final and not subject to appeal or review. Provided, however, that plans, specifications and details revised in accordance with Committee recommendations may be resubmitted for determination by the Committee. In the event that the Committee fails to approve or disapprove plans, specifications and details within ten (10) days after submission of the same to the Committee, approval for the purposes of this Article, shall be deemed to have been given by the Committee.

E. The Committee, or its agent, shall have the right to inspect all construction to ensure that it is performed in strict accordance with the approved plans, specifications and details. Upon completion of the construction in accordance with the approved plans, specifications and details, the Committee shall issue a certificate of completion to the Owner.

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F. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his residence or permitted pertinent structures, or to paint the interior of the same any color desired.

G. Neither the Developer nor the Committee nor the Board of Directors or any architecture agent thereof shall be responsible in any way for any defects in plans, specifications or details submitted, revised or approved in accordance with the provisions contained herein or in the guidelines, nor for any structural or other defect in any construction.

H. The requirements of this Article shall not constitute a lien or encumbrance on any Lot on which construction is completed, and any subsequent purchaser thereof for value without notice thereof is in no way affected by the failure of his predecessors in title to comply with the terms hereof. The requirements of this Article shall not apply to the Developer with regard to original erection or construction of a dwelling on a Lot.

ARTICLE 13

RESTRICTIONS ON USE AND OCCUPANCY

A. Use Restriction. No Lot in community area shall be used except for single family residential purposes. No Lot shall be used for purposes of agriculture, aquaculture, or any other commercial activity.

B. Structure Type. No structure shall be erected, placed or permitted to

remain on less than a numbered Lot other than one (1) detached, single family residence dwelling, including a private enclosed garage for the sole use of the Lot Owner or occupant with space for not more than three (3) automobiles and a second story for guests and/or servants quarters which garage shall not be rented separately for remuneration and/or a private storage building for the sole use of the Lot Owner or occupant. Other allowed structures, but must be approved by the Archatectural Committee, include but are not limited to Sheds, Pool Houses, Detatched Garages, Pools Etc., so long as said private garage and/or private storage building is approved by the Committee and completed Other Structures are to be completed with the same exterior materials and appearance as the single family residence situated thereon. Unenclosed carports, not attached to the principal dwelling, or similar storage structures, shall not be erected, placed or permitted to remain on any Lot.

C. Structure size. Any dwelling constructed on a Lot subject to these Restrictions must conform to the following minimum standards:

(1) No dwelling shall be constructed containing less than

__(1500)________________ square feet of fully enclosed and heated floor area devoted to living purposes and inclusive of covered porches and garages (exclusive of roofed or unroofed porches, or terraces, and garages).

(2) No more than __(400)_________________ square feet of a

finished room over garage ("FROG") shall be allowed in computing total square footage of heated floor living area within a private single family residence.

(23) No dwelling or structure shall be more than two stories high., and

any such two-story structure shall have a ground floor of at least __(800)_______________

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square feet of fully enclosed and heated floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, and garages).

(34) The construction of any dwelling, driveway, pool, patio or any

other construction which creates an impervious surface covering upon the Lot subject to these Restrictions may not exceed the area of impervious surface covering allowed upon the surface of a Lot pursuant to rules and regulations established by the North Carolina Department of Natural and Economic Resources, Division of Environmental Management. This covenant is intended to ensure continued compliance with storm water runoff rules adopted by the State of North Carolina and may be enforced by the State of North Carolina. This covenant may not be changed or deleted without the consent of the State.

D. Setback Restrictions. No above-grade structure (except approved fences or walls) may be constructed or placed on any Lot except within the minimum building setback lines as set forth herein Above ground pools are permissible with the approval of the Architectural Review Committee. Any of such pools must be constructed such that they are not visible from the street and an architectural rendering must be submitted for review to the review committee as part of the request. No building shall be erected or maintained on any such Lot closer than the setback lines set forth herein, to wit:

Setback from front Lot line: 35 feet _________________________________ Setback from rear Lot line: 15 feet

_________________________________

For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of a building. In addition, no unattached storage building or garage (each of which shall be considered a building) shall be constructed or permitted on any Lot nearer the street than the rear line of the main dwelling house situated on the Lot. As to corner Lots within the subdivision, the front line shall be considered the line facing the front door of the house placed on said Lot.

The term "Lot front line" defines the boundary line of the Lot that is contiguous to and bounded by the named street as shown on the recorded subdivision plat.

The term "Lot rear line" defines the boundary line of the Lot that is farthest from, and substantially parallel to, the line of the street on which the Lot abuts.

The term "Lot side line" defines a boundary line that extends from the street on which the Lot abuts to the rear line of the Lot.

E. Septic Systems. _____________________________________ F. The following general prohibitions and requirements shall apply and

control the improvement, maintenance and use of all Lots:

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1. No mobile home, trailer, camper, tent, or temporary house, temporary garage or other temporary outbuilding shall be placed or erected on any Lot, provided, however, that the Committee may grant permission for temporary structures for storage of materials during construction. No such temporary structures as may be approved shall be used at any time as a residence.

2. Once construction of a dwelling or other improvements is started on any Lot, the improvements must be substantially completed in accordance with the approved plans and specifications within twelve (12) months from commencement.

3. During construction of improvements on any Lot, adequate portable sanitary toilets must be provided for the construction crew and the Lot must be cleaned of excess debris at least once a week.

4. All dwellings and permitted structures erected or placed on any Lot

shall be constructed of material of good grade, quality and appearance, and all construction shall be performed in good workmanship manner and quality. The exterior and roof coverings of all dwellings and permitted structures shall be approved by the Committee. The requirements of the Committee shall control all improvements to any Lot as is therein specified.

45. Except structures erected by the Developer, no structure erected upon any Lot may be used as a model exhibit or house unless prior written permission to do so shall have been obtained from the Committee and Developer, if the Developer still owns property within the Developed Area.

56. All Lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted.

67. No trash, ashes, garbage or other refuse shall be dumped or stored or accumulated on any Lot or other area in the subdivision.

8. Any dwelling or improvement on any Lot which is destroyed in

whole or in part by fire or other casualty must be rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain on such Lot longer than three (3) months.

79. No stripped, partially wrecked, or junked motor vehicle, or part thereof, shall be permitted to be parked or kept on any Lot. All motor vehicles of any type kept on any Lot shall have current registration and inspection certificates.

810. No vehicle of any type shall be parked or left unattended overnight on any street in the subdivision. No mobile home, mVehicles including motor home, trailer, camper, boat on trailer, or similar vehicle mayshall be parked or kept overnight or longer, on any Lot, as long as it is stored along side or behind the primary structure in such a manner as to be visible to the occupants of other Lots or the users of any street or recreation area. These items Trailerable boats are allowed to be parked or kept on Lots but no boatvehicle or trailer in excess of 3524 feet shall be allowed to be parked on a Lot and all boats parked or kept on Lots shall be upon the trailer used to transport said boat.

911. All fuel storage tanks shall be buried below the surface of the ground and all outdoor receptacles for ashes, trash, rubbish or garbage shall be installed underground, screened or so placed and kept as not to be visible to the occupants of other Lots or

Formatted: Indent: First line: 1.5", Linespacing: Exactly 12 pt


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the users of any street or recreation area. 12. All outdoor poles, clotheslines and similar equipment shall not be

placed on any Lot unless approved by the Committee. 13. All recreational equipment and personal property other than

automobiles or bicycles must be stored neatly and in such a manner as not to be visible from any street.

104. No sign (excluding typical "For Sale" and builder identification signs or similar signs not larger than 18" x 24"), billboard or other advertising structure of any kind may be erected or maintained upon any Lot; provided, however, that construction identification signs approved by the Committee showing the Lot number and name of the builder may be exhibited upon the Lot during the period of construction.

115. No radio station or short wave operator of any kind shall operate from any Lot or residence without the prior written approval of the Committee. No radio or television antenna or satellite dish may be installed upon any Lot unless first approved in writing by the Committee. Any antenna or satellite dish permitted by the Committee must be attached to the rear or side of the dwelling and may not be placed forward of the rear line of the dwelling.

12.6. All dwelling connections for all utilities including but not limited to water, electricity, gas, telephone and television shall be run underground from the proper connecting points to the dwelling structure in such manner as may be acceptable to the appropriate utility authority.

17. No animals, livestock or poultry of any kind shall be raised, bred

or kept on any Lot, except that dogs, cats or other household pets in a reasonable number, not to exceed three (3), may be kept provided they are not kept, bred or maintained for any commercial purpose, and provided, further, that such pets do not constitute a danger or nuisance to other Lot Owners or to the neighborhood. Chickens are permitted however they must be kept in the rear yard behind a solid fence and not constitute a nuisance to others. No roosters are permitted.

138. The erection of fences shall is permitted however, require approval of the Committee as provided in Article 11 hereof. No fence of chain link type construction or a fence in excess of sixfour feet in height shall be installed. Smaller chain link areas for the purposes of chickens or pet runs inside of an exisiting solid fence are permitted as long as they are not visible to those outside of the fenced area. approved by the Committee, except that the Committee, in its sole discretion, may approve fences of chain link construction and up to six feet in height for the purpose of confining pets provided same does not extend more than twenty-five (25) feet All fencing must be in any direction and are constructed within the minimum building setback lines.

149. No noxious, offensive or illegal trade or activity shall be carried on upon any Lot nor shall anything be done on any Lot that shall be or become an unreasonable annoyance or nuisance to other Lot Owners or the neighborhood.

1520. No aAbove-ground swimming pool, permanent or otherwise,

which stands more than two feet in height shall be permitted on any lot. Pools must be erreceted in the rear yard only and must be visually shielded by a solid rear fence of 6 ft in height. Plans including landscaping and fencing for in-ground pool construction must be approved in writing by Developerclarant (or the Committee if formed) prior to the commencement of construction of same.




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1621. No Owner of any lot in the subdivision shall permit the riding of

two, three or four wheeled motorized vehicles, motorcycles or go-carts over a vacant Lot in Laurel Woods Estates or over the Community Use Areas or Streets of the subdivision, nor shall any such Owner permit the creation of a trail or tract on which said two, three or four-wheeled motorized vehicles, motorcycles or go-carts shall be operated.Electric Golf Carts are permitted for use on streets within Sound Woods by property owners only. Any vehicle including Golf Carts must meet any NC DOT traffic, licencing and opertating rules. All drivers must matain a valid drivers license and insurance. The owner of the Golf Cart and driver assume all responsibility for any damages and do so at their own risk. The association, boards, and Developer assume NO RESPONSIBILITY at any time for any reason.

25. 17. All lots shall be crowned such that the grade at the dwelling

location is in accordance with the approved construction plans and must maintain full compliance with the State Stormwater Permit SW7080931.

G. Easements. Easements are reserved by Declarant along and within Thirty five feet of all front lot lines, and within ten feet of all side and rear lot lines (except as to waterfront Lots, in which no easements along rear lot lines are reserved) for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electricity, telephone service, water mains, sanitary and storm sewers, road drains and other public and quasi-public utilities, and for the trimming of any trees which may at any time interfere or threaten to interfere with the maintenance of such lines, with right of ingress, egress and regress from and across said premises to duly authorized maintenance personnel.

ARTICLE 14

AMENITIES AND FACILITIES

Every park, recreation area, recreation facility, dedicated access and other amenities appurtenant to the Subdivision, whether or not shown and delineated on any recorded plat of the Subdivision, shall be considered private and for the sole and exclusive use of the Owners of Lots within the Subdivision. Neither Developer’s execution nor the recording of any plat nor any other act of Developer with respect to such areas is, or is intended to be, or shall be construed as a dedication to the public of any such areas, facilities or amenities.

Formatted: Indent: Left: 1", First line: 0.5", No bullets or numbering

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ARTICLE 15

WAIVER

No provision contained in these Restrictions, the Articles or the By-Laws shall be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person as to the same or similar future violations, no matter how often the failure to enforce is repeated.

ARTICLE 16

VARIANCES

The Board of Directors in its discretion may allow reasonable variances and adjustments of these Restrictions in order to alleviate practical difficulties and hardship in their enforcement and operation. Any such variances shall not violate the spirit or the intent of this document to create a Subdivision of Lots owned in fee by various Persons with each such Owner having an easement upon areas owned by the Corporation.

To be effective, a variance hereunder shall be recorded in the Currituck County Register of Deeds Office, shall be executed on behalf of the Corporation, and shall refer specifically to this Declaration.

ARTICLE 17

DURATION, AMENDMENT AND TERMINATION

A. The Covenants and Restrictions contained in this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time, they shall automatically be extended for successive periods of one (1) year. This Declaration may be amended in full or part during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners provided, that no amendment shall alter any obligation to pay Community Expenses to benefit the Community Use Areas, as herein provided or affect any lien for the payment of same. To be effective any amendment must be recorded in the office of the Register of Deeds of Currituck County, North Carolina, and a marginal entry of same must be signified on the face of this document.

B. Invalidation of any one of these covenants or Restrictions by Judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect.

ARTICLE 18

CAPTIONS

The captions preceding the various Articles of these Restrictions are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of these Restrictions. As used herein, the singular includes the plural and where there is more than one

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Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine shall be deemed to include the

feminine, the feminine to include the masculine, and the neuter to include the masculine and feminine.

ARTICLE 19

LIBERAL CONSTRUCTION

The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple Ownership of Lots and buildings governed and controlled by rules, regulations, restrictions, covenants, conditions, reservation and easements administered by an Owners’ Association with each Owner entitled to and burdened with the rights and easements equivalent to those of other Owners.

IN TESTIMONY WHEREOF, ____________________________, has caused this instrument to be executed this ____ day of _______________, 2012.

LAUREL WOODS ESTATESSound Woods, LLC, By: (SEAL)

President

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ATTACHMENT TO RESTRICTIVE COVENANTS OF LAUREL WOODS ESTATESSOUND WOODS

LAUREL WOODS ESTATES NCSOUND WOODS HOMEOWNERS ASSOCIATION, INC.

ARCHITECTURAL GUIDELINES

I. Purpose

A. To promote an understanding of land use and architecture based upon traditional styles appropriate to the unique waterfront environment.

B. To outline the procedure by which individual Owners may obtain approval to construct houses on Lots in Laurel Woods EstatesSound Woods.

C. To define the basic requirements governing the construction of houses and the aesthetic and environmental considerations affecting the placement of houses on individual Lots.

D. To maintain the quality of the community.

II. Submission Procedures

The Owner shall submit one copy of the elevation drawings, floor plans, and

specifications for each project to the Architectural Control Committee (hereinafter the “Committee”). Submission requirements apply to existing houses (for addition or change) as well as to new structures. Response will be withheld if assessment due Corporation is delinquent.

When the Committee finds that the plans conform to the Architectural Guidelines, a Letter of Approval will be given for the proposed work and the submitted plans returned to the Owner. Developer and Developer Selected Builder/s are exempt from this process.

A. Duration and Inspection. All projects must receive written approval from the chairman before application is made for a CAMA permit and a county building permit. Approval for a project may be valid for 18 months. Extensions may be given at the discretion of the committee.

B. Final Inspection. A final inspection of the completed project may be made by a Committee member or other agent of the chairman to see that everything has been done in accordance with the Owner’s full submission.

C. Enforcement. Failure to observe the Committee’s recommendations will result in

the matter being referred to the Laurel Woods Estates NCSound Woods Homeowners Association, Inc., Board of Directors for appropriate legal action in accordance with terms of the

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Declaration of Restrictive Covenants of Laurel Woods EstatesSound Woods.

III. Design Guidelines

A. Construction Materials and Exterior Finishes. All construction materials must be new, except wood flooring, interior paneling and brick. The exterior finish or materials of each house must be approved by the Committee. Only the following types of exterior finishes or materials will be approved:

1. Wood 2. Brick 3. Stone 4. Vinyl 5. Stuccoo

B. Roofs.

1. Architect type shingles or their equivalent shall be required on all roofs. 2. No dwelling shall be constructed with a main roof containing less than a

6/12 pitch and less than four separate roof planes. C. Driveways. Each Lot upon which a dwelling has been constructed must contain a driveway thereon. The placement, construction, and composition of any and all driveways must be approved in writing by the Committee prior to the commencement of construction of same. No driveway shall be constructed or maintained on any Lot in such a manner as to obstruct normal drainage of the street on which said Lot fronts, and to that end, such driveway shall have an apron of appropriate design. Any culvert or pipe used in the installation and construction of a driveway must be installed in a manner which meets applicable State specifications for culverts or bridges. All driveways must be composed of either concrete, brick, or like material. Stone, asphalt, pebble, gravel, or blacktop driveways are prohibited.

D. Signs. The only permanent signs permitted are to display ONLY the name of the Owner or house (with a maximum size of four square feet), and a small house number to be specified by the developer. No commercial signs are permitted, except a temporary "For Sale" or "For Rent" sign (with a maximum size of 18" x 24").

E. Garbage Racks. Garbage racks are permitted and should be compatible with the exterior of the house, and located within the Lot boundary near driveway.

IV. Construction

It shall be the responsibility of each Owner to insure that the contractor or builder and all subcontractors obey and observe the Restrictive Covenants of the subdivision. It shall be the responsibility of the Owner to insure the removal of trash, signs, animal control, noise, and damage to other Lots.

V. Enforceability

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The Committee will refer any Owner violation of these guidelines to the Corporation Board of Directors, only after exhausting all attempts to reach an equitable solution to a disagreement. In the event the Committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the real property subject to the Declaration of Restrictive Covenants or Laurel Woods Estates or the Owners thereof, the Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every Lot Owner or prospective Lot Owner within the development takes notice and is bound by this provision, subject to the power of an amendment reserved in the covenants. The Corporation Board is legally empowered to file suit against any Owner who does not comply after reasonable notice.

Sound Woods

Roadway Connection Estimate

(Engineer’s Estimate of Incomplete Public Infrastructure

March 28

Exc. & place compacted fill: 25 C.Y. @ $8 = 200.00

40’ of 18” culvert = 1,600.00

17 Tons ABC @ $28/ton = 448.00

5.7 Tons asphalt @ $110/ton = 627.00

$2,875.00

x 115%

$3,306.25

Sound Woods Bond Calculation:

Contractor’s Estimate for incomplete sidewalks & crosswalk: $11,500.00

x 115%

Bond Amount: $13,225.00

BYLAWS OF

SOUND WOODS HOMEOWNERS ASSOCIATION, INC.

ARTICLE I.

BUSINESS ADDRESS The business address of Sound Woods Homeowners Association, Inc. (the “Association") shall be PO Box 669, Moyock, NC 27958. The business address may be changed by the Board of Directors of the Association if required by the U.S. Postal Service, or, upon approval of the membership, for any other reason.

ARTICLE II. MEMBERSHIP IN THE ASSOCIATION

Every person or entity who is a record owner of a fee or undivided fee interest in any of the lots in any phase of Sound Woods (“the Subdivision"), located in Currituck County, North Carolina, shall be a member of the Association. Ownership of such interest shall be the sole qualification for membership, and membership shall be appurtenant to and may not be separated from such ownership.

ARTICLE III. PURPOSES OF THE ASSOCIATION

The purposes and duties of the Association shall be:

A. To manage the Subdivisions pursuant to the terms and provisions of the North Carolina General Statutes, these Bylaws, any Rules and Regulations promulgated by the Association or its Board of Directors and that Declaration of Restrictive Covenants of record at Book ____, Page ____ and Book ____, Page ____ Currituck County Registry, as the same may be amended from time to time (“the Declarations”);

B. To enforce the provisions of these Bylaws, the Declaration, and any Rules and Regulations promulgated by the Association or its Board of Directors;

C. To promote and protect the enjoyment and beneficial use and ownership of all of the lots of the Subdivision (“the Lots”).

No part of the net earnings of the Association shall inure to the benefit of its members, the members of its Board of Directors or its officers, or to any other person, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in

furtherance of the above stated purposes.

ARTICLE IV. ASSESSMENTS

The Association shall make and collect assessments against the lots as stated in the Declarations and as provided in the North Carolina General Statutes.

ARTICLE V. MEETINGS OF MEMBERS

Section 1. Place of Meetings. All meetings of members shall be held at such place in Currituck County, North Carolina, as shall be designated on the notice of the meeting or agreed upon by a majority of the members entitled to vote thereat. Section 2. Annual Meetings. The annual meeting of the members shall be held during the last seven (7) days of January of each year on any day during that period (except a legal holiday) as determined by the Board of Directors, for the following purposes:

1. to ratify or reject the summary of the proposed budget submitted by the Board of Directors pursuant to Article VI below; 2. to elect the Board of Directors of the Association (subject to the provisions of Section 8 of the Declaration) for the coming fiscal year; and 3. to transact any other business that may come before the membership, including but not limited to the adoption, modification and/or repeal of any Rules and Regulations governing the Subdivision.

Section 3. Substitute Annual Meeting. If the annual meeting shall not be held on

the day designated by these Bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 4 of this Article V. A meeting so called shall be designated and treated for all purposes as the annual meeting. Section 4. Special Meetings. Special meetings of the members may be called at any time by the President or the Board of Directors of the Association, or upon the written request of not less than twenty percent (20%) of the members.

Section 5. Notice of Meetings. Written notice of the meeting shall be delivered not less than ten nor more than fifty days before the date of any members' meeting, either personally or by mail, by or at the direction of the President, the Secretary, or other person calling the meeting, to each member of record. The notice shall state the time and place of the meeting and shall also state the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes and any proposal to remove an Officer/Director. If mailed, such shall be deemed to be delivered when deposited in the United States Mail, addressed to the member at his/her address as it appears on the record of members of the Association, with postage thereon prepaid. It shall be the responsibility of the individual members to keep the Secretary informed of their current addresses. In the absence of instructions from an individual member as to his/her address, the Secretary shall be entitled to rely on the most recent records of the Currituck County Tax Collector to determine the addresses of the owner(s) of a Lot. The notice of meeting must state the time and place of the meeting and all items on the agenda for the meeting. When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. When a meeting is adjourned for less than thirty days in any one adjournment, it is not necessary to give any notice of the adjourned meeting other than by announcement at the meeting at which the adjournment is taken. Section 6. Voting Rights. On matters of the Association's business submitted to vote of the membership, there shall be one (1) vote per Lot, regardless of the number of owners of a Lot. There shall be no requirement of a quorum for submitting any matter to a vote at any Annual Meeting or Substitute Annual Meeting properly called and convened pursuant to these Bylaws. At any special meeting of members, twenty percent (20%) of the Lots (represented either in person or by proxy) shall constitute a quorum for the purposes of submitting any matter to a vote. Except as otherwise provided by the Declaration, the North Carolina General Statutes, or these Bylaws, all matters submitted to a vote at any meeting held in accordance with these Bylaws shall be decided by a simple majority of the total votes cast. Section 7. Voting by Proxy. Votes may be cast either in person or by one or more agents authorized by a dated, written proxy executed by the member or his/her attorney-in-fact. A proxy terminates one year after its date, unless it specifies a shorter term. Any form of proxy which is sufficient in law may be used, but the following form of proxy shall be deemed sufficient:

The undersigned hereby irrevocably constitute and appoint their attorney-in-fact and proxy for the sole purpose of casting the vote allocated to Unit , on all matters submitted to vote at that meeting of Sound Woods Homeowners Association, Inc., to be held on , . The undersigned hereby ratify and confirm all such votes cast on behalf of said Unit at that meeting, and certify that they are fully authorized to execute this instrument of proxy on behalf of all owners of any fee interest in said Lot. This the day of , .

Section 8. Voting List. At least ten days before each meeting of members, the

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Secretary of the Association shall prepare an alphabetical list of the members entitled to vote at such meeting or any adjournment thereof, with the address of each, which list shall be kept on file with the book of records of the Association. This list shall be produced and kept open at the time and place of the meeting and shall be subject to inspection by any members during the whole time of the meeting. Section 9. Waiver of Notice. Any member may waive notice of any meeting. The attendance by a member at a meeting shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.

ARTICLE VI. BOARD OF DIRECTORS

Section 1. Purpose, Number and Term of Office. The business and affairs of the Association shall be managed by a Board of Directors of three (3) individuals, who shall be entitled to act on behalf of the Association. The Board of Directors shall initially consist of the two (2) initial members of the Board of Directors as named in the Articles of Incorporation of the Association. Subsequently, the Board of Directors shall be appointed by the Declarant until such time as the period of Declarant control of the Association has terminated pursuant to the provisions of the Declaration. At the first meeting of the membership of the Association following the termination of the period of Declarant control of the Association, the members of the Board of Directors shall be elected by the membership of the Association and those persons who receive the highest number of votes at a meeting at which a quorum is present shall be elected. Each member of the Board of Directors shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the election of his/her successor. All Directors elected by the membership of the Association must be Lot owners. Section 2. Powers and Duties. The Board of Directors shall have the power and the duty to act on behalf of the Association in all instances, except that the Board may not amend the Declaration, elect members of the Board (except to fill any vacancy in its membership for the unexpired portion of a term) or determine the qualifications, powers, duties or terms of office of members of the Board. In addition, the Board of Directors shall have the following specific powers, duties and responsibilities: A. The Board will keep a complete record of all of its acts and all affairs of the Association and make the same reasonably available for examination by any member, his agents or mortgagees. B. The Board will adopt a proposed budget for the Association to be approved or rejected by the membership of the Association at its Annual Meeting. The proposed budget shall be adopted at a meeting of the Board to be held not more than sixty (60) days before the Annual Meeting of the membership of the Association. A

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summary of the proposed budget, including the amount of any proposed assessments against the Lots, shall be mailed to the membership not more than fourteen (14) nor less than thirty (30) days after the adoption of the proposed budget. The proposed budget shall be deemed ratified unless at the meeting more than fifty percent (50%) of the Lots existing at that time vote to reject it. In the event the proposed budget is rejected, the periodic budget last ratified shall be continued until such time as the membership ratifies a budget subsequently proposed by the Board of Directors. C. The Board may fine any lot owner as amount not to exceed One Hundred Fifty Dollars ($150.00) for any single violation of the Declaration, these Bylaws or any Rules and Regulations promulgated by the Board. In such event, the Board shall provide the lot owner fined an opportunity to be heard before an Adjudicatory Panel to be appointed by the Board pursuant to Article X below. Multiple fines may be assessed against any lot owner for multiple violations. Any such fines shall be deemed assessments against the lot of such owner, and shall be collectable as provided in the Declaration. D. The Board may contract a management agent to perform and execute such duties, functions and responsibilities of the Board as the Board may deem appropriate; however, no such contract shall relieve the Board from its fiduciary duty to the Association. Notwithstanding any other provision herein, the Board of Directors is authorized, on behalf of the Association, to submit any dispute with or claim against the owner(s) of any Lot(s) to voluntary arbitration pursuant to any arbitration program then in effect in the General Court of Justice of Currituck County, North Carolina. Section 3. Removal of Directors. Any director may be removed at any time with or without cause by a vote of at least sixty-seven percent (67%) of all persons present and entitled to vote at any meeting of the membership of the Association at which a quorum is present. However, directors who are appointed by the Declarant may only be removed by the Declarant. Section 4. Vacancies. In the event of the death, disability, resignation or removal of a director, his/her successor shall be selected and appointed by the remaining members of the Board of Directors to serve until the next meeting of the membership of the Association or until a successor is appointed by the Declarant if such vacancy is the result of the death, disability, resignation or removal of an initial director or a director who was appointed by the Declarant.

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ARTICLE VII. MEETINGS OF THE BOARD OF DIRECTORS

Section 1. Called Meetings. Meetings of the Board of Directors may be called by or at the request of the President or any two directors. Section 2. Notice of Meeting. The person or persons calling a meeting of the Board of Directors shall, at least ten (10) days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called. Section 3. Waiver of Notice. Any member of the Board of Directors may waive notice of any meeting. The attendance by a member of the Board of Directors at a meeting shall constitute a waiver of notice of such meeting, except where a member of the Board of Directors attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 4. Quorum. A majority of the number of the members of the Board of Directors fixed by these Bylaws shall constitute a quorum for the transaction of business at any meeting of the members of the Board of Directors. Section 5. Manner of Acting. Except as otherwise provided in these Bylaws, the act of the majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 6. Informal Action by Members of the Board of Directors. Action taken by a majority of the members of the Board of Directors without a meeting is nevertheless Board action if written consent to the action in question is signed by all of the members of the Board of Directors and filed in the book of records of the Association, whether done before or after the action so taken. Section 7. Committees of the Board. The Board of Directors may establish either standing or ad hoc committees of the members to assist it in its work. Such committees shall be chaired by a member of the Board of Directors.

ARTICLE VIII OFFICERS

Section 1. Designation. The officers of the Association shall consist of a President, a Vice-President, a Secretary, and a Treasurer, and such other officers as the membership may from time to time elect. The offices of Secretary and Treasurer may be held by the same person; otherwise, no two offices may be held by the same person. Section 2. Election and Term. The initial officers of the Association shall be

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elected by the initial members of the Board of Directors of the Association. Subsequently, the officers of the Association shall be appointed by the Board of Directors. Members of the Board shall be eligible for appointment to serve as officers of the Association. The officers shall be appointed to one-year terms, and each officer shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 3. President. The President shall be the principal executive officer of the Association and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the Association. He/she shall, when present, preside at all meetings of the members. He/she shall sign, with the Secretary, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed; and in general he/she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President, together with the Secretary, shall execute any amendments to the Declaration approved by the membership of the Association. Section 4. Vice President. In the absence of the President or in the event of his/her death, inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President, and shall perform such other duties as from time to time may be assigned to him/her by the President or the Board of Directors. Section 5. Secretary. The Secretary shall: (a) keep minutes of the meetings of members, of the Board of Directors and of all Executive Committees in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents the execution of which on behalf of the Association under its seal is duly authorized; (d) be authorized to certify and oversee the recordation of amendments to the Declaration on behalf of the Association; (e) keep a register of the post office address of each member which shall be furnished to the Secretary by such member; and (f) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. Section 6. Treasurer. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the Association; (b) receive and give receipts for moneys due and payable to the Association from any source whatsoever, and deposit all such moneys in the name of the Association in such depositories as shall be selected in accordance with the provisions of Section 4 of Article IX of these Bylaws; (c) prepare, execute and deliver certificates of Assessments as provided by

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Section 13 of the Declaration; and (d) in general perform all of the duties incident to the office of treasurer and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors.

ARTICLE IX. CONTRACTS, LOANS, CHECKS, AND DEPOSITS

Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on the behalf of the Association, and such authority may be general or confined to specific instances. Section 2. Loans. No loans shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless authorized by the Board of Directors. Such authority may be general or confined to specific instances. Section 3. Checks and Drafts. All checks, drafts or other orders for the payment of money, issued in the name of the Association, shall be signed by the President or the Treasurer of the Association. Section 4. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such depositories as the Board of Directors may select.

ARTICLE X ADJUDICATORY PANEL

Section 1. Appointment of Adjudicatory Panel. The Board of Directors shall, not less than annually, appoint an Adjudicatory Panel of five (5) individuals, all of whom shall be members of the Association. Members of the Board shall be eligible to serve as members of the Adjudicatory Panel. Members of the Panel shall be appointed to one-year terms, and each member shall sit until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 2. Hearings. In the event that a fine is assessed against a lot owner by the Board of Directors pursuant to Subsection 2(C) Article VI above, the Adjudicatory Panel shall provide to the lot owner so fined notice of the violation and an opportunity to be heard regarding the alleged violation and the assessed fine. If within ten (10) days of receipt of the notice the lot owner requests in writing a hearing, the Adjudicatory Panel shall hear the matter within twenty (20) days of the date of the written request. Three (3) members of the Panel shall constitute a quorum for the purpose of conducting a hearing. Following such a hearing, the Adjudicatory Panel shall confirm, deny or modify the fine imposed by the Board and shall notify the lot owner of its decision. The decision of the Panel with regard to the fine shall be final.

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ARTICLE XI. INDEMNIFICATION

Any person who at any time serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association shall have a right to be indemnified by the Association to the fullest extent permitted by law against (a) reasonable expenses, including attorneys' fees, incurred by him/her in connection with any threatened, pending, or completed civil, criminal, administrative, investigative, or arbitrative action, suit, or proceeding (and any appeal therein), whether or not brought by or on behalf of the Association, seeking to hold him/her liable by reason of the fact that he/she is or was acting in such capacity, and (b) reasonable payments made by him/her in satisfaction of any judgment, money decree, fine, penalty or settlement for which he/she may have become liable in any such action, suit or proceeding. Upon request for payment, the President of the Association shall promptly call a special meeting of the Board of Directors to obtain approval to pay the indemnification required by this bylaw. Such approval may be general or confined to specific instances, and shall not be unreasonably withheld. Upon approval by the Board of Directors, the President shall promptly cause the indemnification to be paid to the requesting party. Any person who at any time after the adoption of this bylaw serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this bylaw.

ARTICLE XII. DISSOLUTION

In the event of dissolution of the Association, the residual assets of the Association will be distributed to a nonprofit organization with purposes similar to those of the Association, or to any other organization eligible under the provisions of Chapter 55A of the General Statutes of North Carolina. However, in no event shall the residual assets of the Association be distributed in a fashion that terminates the Association’s exempt status under Section 528 of the Internal Revenue Code of 1986 or any corresponding sections or provisions of any future United States Internal Revenue law.

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ARTICLE XIII. SECTION 528 STATUS

The Association shall elect and shall be managed in such fashion as to maintain tax-exempt status under Section 528 of the Internal Revenue Code of 1986. The Association shall not carry on any activities prohibited by an Association electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law.

ARTICLE XIV. GENERAL PROVISIONS

Section 1. Seal. The corporate seal of the Association shall consist of two concentric circles between which is the name of the Association and in the center of which is inscribed SEAL; and such seal, as impressed on the margin hereof, is hereby adopted as the corporate seal of the Association. Section 2. Fiscal Year. The fiscal year of the Association shall be September 1 through August 31. Section 3. Amendments. Following the termination of the initial period of Declarant control provided for in the Declaration, the members of the Association may amend these Bylaws, repeal these Bylaws and/or adopt new Bylaws by the vote of at least sixty-seven percent (67%) of all existing Units at any meeting of the membership of the Association properly held and conducted pursuant to Article V above. Section 4. Conflicts. In the event of any conflict between the terms and provisions of these Bylaws and the terms and provisions of the Declaration, the terms and provisions of the Declaration shall control. Section 5. References to Statutes. All references herein to any statutory provision shall be construed to include and apply to any subsequent amendments to or replacements of such provisions.

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The foregoing instrument, consisting of ten (10) pages, is hereby approved, accepted and adopted by the undersigned as the Bylaws of Sound Woods Homeowners Association, Inc. In witness whereof, the initial members of the Board of Directors of the Association have set their hands and seals, effective the ____ day of _________, 20___. Signed: ______________________ Initial Director ______________________ Initial Director

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NORTH CAROLINA Prepared by and return to: John S. Morrison CURRITUCK COUNTY The Twiford Law Firm, P.C. Post Office Box 669 Moyock, NC 27958

DECLARATION OF RESTRICTIVE COVENANTS OF LAUREL WOODS ESTATESSOUND WOODS

THIS DECLARATION is made and entered into this the ____ day of _______________, 20192, by and between _________________________________, party of the first part (hereinafter referred to as "Developer"); and prospective purchasers and/or any person subsequently acquiring title to or possession of any Lot or Lots in Laurel Woods EstatesSound Woods, parties of the second part (hereinafter collectively referred to as "Owners");

W I T N E S S E T H:

WHEREAS, Developer is the Owner of all of that tract of real property located in ________________ Township, Currituck County, North Carolina, and being more particularly shown and described on that certain map or plat entitled "_____________________________," recorded in Map Book ______ at Page(s) ______ in the office of the Register of Deeds of Currituck County, North Carolina, reference to said plats being hereby specifically made; and

WHEREAS, Developer proposes to sell and convey certain Lots shown on the aforesaid

plat to be used for residential purposes and to develop said Lots, and any additional property within or adjacent to the Development Area which may be acquired by Developer, into a well planned community; and

WHEREAS, Developer, prior to selling and conveying the aforesaid residential Lots,

desires to impose upon such Lots certain mutual and beneficial restrictions, covenants and conditions and charges (hereinafter collectively referred to as "Restrictions") for the benefit and

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complement of all of the residential Lots in the subdivision in order to promote the best interests and protect the investments of Developer and Owners;

NOW, THEREFORE, Developer hereby declares that all numbered Lots shown on the

aforesaid plat entitled "Laurel Woods EstatesS," recorded in Map Bound Woods” Book _______ at Page(s) ______ recorded in Map Book ______ at Page ______ and also include Map Book _______ at Page(s) ______ recorded in Map Book ______ at Page ______ also in the office of the Register of Deeds of Currituck County, North Carolina, and any additional property as may by subsequent amendment be added to and subjected to this Declaration, are held and shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to this Declaration and to the following Restrictions. This Declaration and the Restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the real property or any part or parts thereof subject to this Declaration.

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ARTICLE 1

DEFINITIONS

As used herein, the following definitions shall be applicable to this Declaration of Restrictive Covenants:

A. "Articles" means the Articles of the Incorporation of Laurel Woods

Estates NCSound Woods Homeowners Association, Inc.

B. "Corporation" means Laurel Woods EstatesSound Woods NC Homeowners Association, Inc., a North Carolina non-profit corporation.

C. "Board of Directors" or "Board" shall be the elected body governing the

Corporation and managing the affairs of the Corporation pursuant to the By-Laws of the Corporation adopted by the incorporators of said Corporation and as amended.

D. "Incorporators" means the original incorporators of Laurel Woods

Estates NCSound Woods Homeowners Association, Inc. E. "By-Laws" means the By-Laws of Laurel Woods EstatesSound Wo ods

NC Homeowners Association, Inc. F. "Community Use Areas" means all real and personal property owned by

the Corporation, together with those areas within dedicated portions of the Development Area and the Subdivision, which may be deeded to or acquired by the Corporation for the common enjoyment of the members of the Corporation. The Community Use Areas to be owned by the Association shall include that property designated and delineated as "Open Space" on that certain plat recorded in Plat Book ____, Page ____, Currituck County Registry and those certain walkways, ponds, and open space are delineated as “Open Space” on the aforementioned plat.

G. "Common Expenses" means and includes actual and estimated expenses

of maintaining and operating the Community Use Areas and operating the Corporation for general purposes, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board of Directors pursuant to this Declaration, the By-Laws and the Articles of Incorporation of the Corporation.

H. "Declarant" means ____________________________, its successors or assigns or any legal entity acquiring Ownership of portions of the Development Area heretofore not dedicated with the intent and for the purpose of further development.

I. "Dedication" means the act of committing a portion of the Development Area or the Subdivision to the purposes of this Declaration.

J. "Developer" means ___________________________, its successors or

assigns or any legal entity acquiring Ownership of portions of the Development Area heretofore not dedicated with the intent and for the purpose of further development.

K. "Development Area" shall mean that property described by deed recorded

in Deed Book ____, Page ____, and a certain map or plat entitled

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"__________________________________," and delineated in that certain plat recorded in Map Book ____ at Page ____ in the office of the Register of Deeds of Currituck County, North Carolina in the Office of the Register of Deeds of Currituck County, North Carolina.

L. "Lot" means a separately numbered tract of land lying within the Subdivision or other dedicated portion of the Development Area and which, according to the plat of that portion recorded at the dedication thereof, may be conveyed by the Developer and owned in fee by the Grantee thereof, and held for such uses as are consistent with this Declaration and the Restrictions covering the area wherein the tract is located. No tract of land shall become a "Lot" as that word is used herein until the area on which the same is located is "dedicated." The Owner of all of a numbered Lot may combine such Lot with part or parts of another such numbered Lot and the aggregate shall be considered as one Lot for the purpose of these Restrictions.

M. "Subdivision" means Laurel Woods EstatesSound Woods and any portion of the Development Area which has been dedicated pursuant to this Declaration.

N. "Architectural Control Committee," hereinafter referred to as the

Committee, means the committee appointed by the Board of Directors of the Corporation, pursuant to the By-Laws of the Corporation, to approve all construction in Laurel Woods Estates.

O. "Trailerable Boats" means boats which may be legally trailered upon the

highways of this state without permits and which are trailered in their ordinary use and enjoyment.

P. “Subdivision Plat” shall mean and refer to that certain map or plat entitled

“Laurel Woods EstatesSound Woods,” prepared by ________________________, under date of _____________________, and recorded in Map Book ______ at Page _________, in the Office of the Register of Deeds of Currituck County, North Carolina.

ARTICLE 2

PROPERTY RIGHTS

A. Owners’ Easement of Enjoyment: Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1. the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; 2. the right of the Association to suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; 3. the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the members;

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No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the members of the Association has been recorded. B. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, tenants, or contract purchases who reside on the property.

ARTICLE 3

APPLICABILITY

These restrictions shall apply to all Lots shown on the aforesaid plat or map, and additional plats or maps of subdivisions of the Development Area, which Lots are for single family, residential purposes only. These Restrictions shall not be applicable to any unnumbered lands or lands designated on the plat as "Open Space" or other lands of Developer, and Developer is withholding these parcels from these Restrictions pursuant to its general scheme of development, the absence of Restrictions thereupon being intended to allow Developer maximum flexibility in the determination of the development of such parcels.

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ARTICLE 4

LAUREL WOODS ESTATES NCSOUND WOODS HOMEOWNERS ASSOCIATION,

INC.

A. A corporation named Laurel Woods Estates NC Homeowners AssociationSound Woods HOA, Inc., has been formed pursuant to the rules and requirements of the Non-Profit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the Community Use Areas and facilities located upon the Community Use Areas; to enforce the restrictions contained herein; to make and enforce rules and regulations governing the Owners’ use and occupation of Lots; and to assess and collect assessments levied by the Corporation as necessary for the Ownership, management, maintenance and operation of the Community Use Areas and facilities located thereon and for the operation of the affairs of the Corporation as set out in the By-Laws of the Corporation.

B. Each Owner of each Lot within the Subdivision shall be a member of the Corporation automatically with the purchase of any lot Membership is mandatory for all owners of or purchasers of land within the subdivision and their successors in title. The Declarant, by this Declaration, and the Owners of individual Lots by their acceptance of individual deeds thereto agree and covenant that they shall be a member of the Corporation and covenant and agree with respect to the Corporation:

1. That for so long as each is an Owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Corporation.

2. That each shall be subject to the rules and regulations of the Corporation with regard to Ownership of a Lot.

3. That any unpaid assessment, whether general or special, levied by

the Corporation in accordance with these Restrictions, the Articles or the By-Laws shall be a lien upon the Lot upon which such assessment was levied, and shall be the personal obligation of the Owner of the Lot at the time the assessment fell due and shall be subordinate only to tax and mortgage liens.

4. All members of an association shall be responsible for contributions to the association’s reserve fund to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure.

C. Each membership in the Corporation shall relate to and have a unity of interest with an individual Lot which may not be separated from Ownership of said Lot.

D. The association documents shall establish that the subdivider shall maintain the

common area, common facilities, and infrastructure until 51 percent of the lots are sold; and is responsible for maintaining the subdivision’s common areas, common facilities, and private infrastructure shall be transferred in accordance with the

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standards in Section 6.1.4.F, Transfer of Maintenance Responsibility of the Currituck County, UDO. Maintenance responsibility is not transferred from the subdivider or developer to the association until all of the immediately following occur:

1. At least 7551 percent of the total number of lots in the subdivision are sold; and 2. The subdivider or developer provides an affidavit or resolution signed by the association president that accepts maintenance responsibility for the subdivision; and 3. The subdivider or developer commissions a report prepared by a licensed engineer indicating that all common areas, common features, and infrastructure elements comply with the minimum standards in this Ordinance and the County Code of Ordinances; and 4. County staff reviews and approves the report prepared by a licensed engineer; and 5. A reserve fund dedicated to the continued maintenance and upkeep of common areas, common features, and private infrastructure is established with a banking institution acceptable to the county in the name of the association, that contains a minimum balance equal to 10 percent of the construction costs of all common areas, common features, and private infrastructure, ten percent of the road construction cost for streets not maintained by NCDOT at the time of transfer (gravel base and asphalt only); liability insurance and taxes for common elements for two years; and, stormwater facilities and landscaping maintenance cost for two years; or $10,000.00, whichever is greater. In the event the association has not collected sufficient assessment funds from the lot owners in the subdivision to meet the minimum balance requirements of the reserve fund, the subdivider or developer shall be responsible for the difference needed to meet the minimum balance requirements. Applications to turn over maintenance responsibility to the association for common areas, common features, or private infrastructure prior to conveyance of 7551 percent of the lots in the subdivision may be reviewed by the Board of Commissioners. The Board of Commissioners, at the request of the subdivider, shall waive the requirement upon a finding that the association has sufficient financial capacity to assume maintenance responsibility for common areas, common facilities, and private infrastructure.

E. The Association understands that is is responsible to have and maintain in good standing liability insurance and must pay all applicable taxes for common areas. F. The Association understands and accepts that it is responsible for on-site improvements not dedicated to local or state agency, not limited to streets, drainage systems, open space areas, and recreational facilities.

Formatted: No widow/orphan control

Formatted: Font: 12 pt

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ARTICLE 5

MANAGEMENT AND ADMINISTRATION

The management and administration of the affairs of the Community Use Areas of the Subdivision shall be the sole right and responsibility of the Corporation. The management shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles and the By-Laws of the Corporation, but may be delegated or contracted to managers or management services.

ARTICLE 6

COMMUNITY EXPENSES

The Community Expenses of the Subdivision include:

A. All amounts expended by the Corporation in:

1. Operating the affairs of the Corporation; 2. Operating, administering, managing, repairing, replacing and

improving the Community Use Areas of the Subdivision; 3. Insuring the Community Use Areas in the Subdivision; 4. Legal, insurance, engineering, or architectural fees; 5. Performing the functions delegated to the Corporation by these

Restrictions; and 6. In enforcing these Restrictions, the Articles or the By-Laws.

B. All amounts expended by the Corporation in carrying out any duty or

discretion as may be required or allowed by these Restrictions, the Articles or the By-Laws.

C. All amounts declared to be Community Expenses in the By-Laws or in these Restrictions.

D. All taxes and special assessments which may be levied from time to time by any governmental authority upon the Community Use Areas in the Subdivision.

ARTICLE 7

ANNUAL GENERAL ASSESSMENT

A. The Declarant for each Lot owned, hereby covenants and each Owner of any Lot by acceptance of a deed for same (whether or not it shall be so expressed in such deed) is deemed to covenant and agrees to pay to the Corporation annual general assessments or charges as hereinafter provided. The annual general assessments, together with interest, costs, and reasonable attorneys’ fees, shall be a charge and lien on the land and, subject to the provisions of

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Paragraph F of this Article, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, each such assessment, together with interest, costs, and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

B. Until June 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment allowed shall not exceed One Hundred and No/100 Dollars ($500.00) per Lot.

1. From and after June 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased each year not more than ten percent (10%) above the assessment for the previous year without any vote of the membership.

2. From and after June 1 of the year immediately following the

conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased by an amount greater than ten percent (10%) of the assessment for the previous year provided the proposed increase is approved by a vote of two-thirds (2/3) of the members who are voting in person or by a proxy at a meeting duly called for this purpose.

3. The Board of Directors may fix the annual general assessment at an amount not in excess of the maximum.

4. Once the annual general assessment has been set, notice of the annual general assessment shall be given to all members. After the initial notice of the assessment, the assessment shall become due and payable as provided by the Board of Directors.

C. Written notice of any meeting called for the purpose of taking any action authorized under Paragraph 2.B. shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

D. The annual general assessments levied by the Corporation shall be used exclusively to improve, maintain and repair the Community Use Areas, to pay the expenses of the Corporation, to pay the cost of lighting the Community Use Areas, to pay the cost of any insurance the Corporation determines to purchase and to promote the recreation, health, safety and welfare of the members and to pay taxes levied upon the community Use Areas.

E. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Corporation as to the status of assessments on a Lot is binding upon the Corporation as of the date of its issuance.

F. The lien of the assessments provided for herein shall be subordinate to the

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lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE 8

SPECIAL ASSESSMENTS

Special assessments may be levied against Lots for such reasons as are provided in these Restrictions, the Articles or the By-Laws and on such terms as provided by the Board of Directors or the members. Either the Board of Directors or the members may levy and impose special assessments upon a majority vote. The purposes for which special assessments may be levied include, but are not limited to, providing funds to pay Community Expenses which exceed the general assessment fund then on hand to pay same and providing a contingency fund for capital improvements and extraordinary expenses. Furthermore, special assessments may be assessed against specific Lots. In the event the Owner of a Lot fails to comply with the provisions of Article 12 hereof, the Corporation may perform such task or remedy such matter and levy the cost of such performance against the Owner of such Lot and such Lot as a special assessment.

ARTICLE 9

LIEN FOR ASSESSMENTS

Any general or special assessment, if not paid within thirty (30) days after the date such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys fees shall constitute a lien against the Lot upon which such assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of Superior Court of Currituck County or file a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein.

ARTICLE 10

COMPLIANCE WITH THIS DECLARATION, THE ARTICLES AND THE BY-LAWS OF THE CORPORATION

In the case of failure of a Lot Owner to comply with the terms and provisions contained

in this Declaration, the Articles or the By-Laws of the Corporation, the following relief shall be available:

A. The Corporation, an aggrieved Lot Owner or Owners within the Subdivision on behalf of the Corporation, or any Lot Owner on behalf of all the Lot Owners within the Subdivision shall have the right to bring an action and recover sums due, damages, injunctive relief, and/or such other and further relief as may be just and appropriate.

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B. The Corporation shall have the right to remedy the violation and assess the costs of remedying same against the offending Lot Owner as a special assessment.

C. If the violation is the nonpayment of any general or special assessment,

the Corporation shall have the right to suspend the offending Owner’s voting rights and the use by such Owner, his agents, employees and invitees of the Community Use Areas in the Subdivision for any period during which an assessment against the Lot remains unpaid.

D. The remedies provided by this Article are cumulative, and are in addition

to any other remedies provided by law.

E. The failure of the Corporation or any Person to enforce any restriction contained in these Restrictions, the Articles or the By-Laws shall not be deemed to waive the right to enforce such restrictions thereafter as to the same violation or subsequent violation of similar character.

Prior to availing itself of the relief specified herein, the Corporation shall follow the hearing procedures as set forth in the By-Laws.

ARTICLE 11

PROPERTY RIGHTS OF LOT OWNER, CROSS-EASEMENTS, AND EXCEPTIONS AND RESERVATIONS BY DECLARANT

A. Every Owner of a Lot within the Subdivision, as an appurtenance to such

Lot, shall have a perpetual easement over and upon the Community Use Areas within the Subdivision for each and every purpose or use to which such Community Use Areas were intended as determined by their type, or for which such Community Use Areas generally are used. Such easements shall be appurtenant to and shall pass with the title to every Lot located within the Subdivision, whether or not specifically included in a deed thereto, subject to the following provisions:

1. The Corporation shall have the right to make reasonable rules and regulations respecting the use of same.

2. The Corporation shall have the right to suspend the voting rights of

a Lot Owner and his right to use the Community Use Areas within the Subdivision for any period during which the due assessment against such Owner’s Lot remains unpaid as is provided by Article 9 hereof, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations.

3. The Corporation shall have the right to charge reasonable admission and other fees for the use of any recreation facility situated upon the Community Use Areas.

B. The Corporation hereinafter may grant easements for utility purposes for the benefit of the Subdivision and the Lots now or hereafter located thereon, over, under, along and through the Community Use Areas.

C. Any Owner may delegate, in accordance with the By-Laws, his right of

enjoyment to the Community Areas and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

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D. Easements and rights-of-way over and upon each Lot for drainage and the

installation and maintenance of utilities and services are reserved exclusively to Developer for such purposes as Developer may deem incident and appropriate to its overall development plan, such easements and rights-of-way being shown or noted on the aforesaid recorded plat of the Subdivision, which plat is incorporated by reference and made a part hereof for a more particular description of such easements and rights-of-way. The easements and rights-of-way areas reserved by Developer on each Lot pursuant hereto shall be maintained continuously by the Owner but no structures, plantings or other material shall be placed or permitted to remain upon such areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. Improvements within such areas also shall be maintained by the respective Owner except those for which a public authority or utility company is responsible.

E. The rights of the use of utility and service easements and rights-of-way areas as provided and defined herein for any type of cable transmission system is reserved exclusively to Developer, and no other cable transmissions service company or organization shall be permitted to service any Lot or combination of Lots except with the expressed permission of Developer.

ARTICLE 12

ARCHITECTURAL STANDARDS AND ARCHITECTURAL STANDARDS COMMITTEE

The Board of Directors shall establish an Architectural Control Committee (hereinafter

referred to as the "Committee") which shall be composed of three (3) members. . The Board of Directors shall have the right to appoint and remove, at any time and without cause, the three (3) members. The Developer shall have the right to appoint and remove any and all two (2) members of the Committee so long as the Developer continues to own any portion of the Development Area. The Developer also maintains the right to overrule a decision of the “Committee” at will again as long as the Developer continues to own any portion of the Development Area. At such time as the Developer no longer owns any portion of Development Area, or upon notification by the Developer to the Board of Directors that it does not desire to continue to appoint two (2) members of the Committee, all three (3) members shall be appointed or removed at any time and without cause, by the Board of Directors.

A. No construction, which term shall include within its definition clearing, excavation, grading and other site work, shall take place except in strict compliance with this Article, until the requirements thereof have been fully met, and until the approval of the Committee has been obtained. All grading, land disturbance, or any construction must fully comply with the restrictions set forth for the State Stormwater Permit SW7080931SW7180905. Section 10 of the permit requires the following deed restrictions:

1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit # SW7080705SW7180905, as issued by the Division of Water Quality Energy, Mineral and Land Resources under NCAC 2H. 1000. 2. The State of North Carolina is made the beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. 3. These covenants are to run with the land and be binding on all persons and

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parties claiming under them. 4. The covnenants pertaining to stormwater may not be altered or rescinded without the expressed written consent of the State of North Carolina, Division of Energy, Mineral and Land ResourcesWater Quality. 5. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land ResourcesWater Quality. 6. The maximum built upon area per lot is (See attached TableAttachment “A”) square feet. This allotted amount includes any built upon area constructed within the property line boundaries, and that portion of the right away between the front lot line and the edge of the pavement. Built upon areas includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and conquina, but does not include open wood decking, or the water surface of swimming pools. 7. Filling or piping of any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. 8. Each lot must maintain a 30’ 50’ vegetated buffer between all impervious surfaces and surface waters. 9. All roof drains shall terminate at least 30’ 50’ from the mean high water mark.

B. The Committee shall have exclusive jurisdiction over all original

construction on any Lot and later changes or additions after initial approval thereof together with any modifications, additions or alterations subsequently to be constructed on any Lot or made to any improvements initially approved. The Committee shall prepare and, on behalf of the Board of Directors, shall promulgate architectural standard guidelines ("guidelines") and application and review procedures ("procedures"). The guidelines and procedures shall be those of the Corporation and the Committee shall have the sole and full authority to prepare and to amend the guidelines and procedures. The Committee shall make the guidelines and procedures available to Owners, and builders and developers wwho seek to engage in the development of or construction upon the Lots and who shall conduct their operations strictly in accordance therewith.

C. The Committee shall have the absolute and exclusive right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with any of the provisions of these Restrictions and the guidelines; if the design, color scheme or location upon the Lot or Lots of the proposed improvements are not in harmony with the general surroundings or adjacent structures; if the plans or specifications submitted are incomplete; or in the event the Committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the real property subject to this Declaration or the Owners thereof. The Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every Lot Owner or prospective Lot Owner within the development takes notice and is bound by these covenants, subject to the power of an amendment reserved in these covenants.

D. The Committee shall approve or disapprove plans, specifications and details submitted in accordance with its procedures within ten (10) days from the receipt thereof and the decisions of the Committee shall be final and not subject to appeal or review. Provided, however, that plans, specifications and details revised in accordance with Committee recommendations may be resubmitted for determination by the Committee. In the event that the Committee fails to approve or disapprove plans, specifications and details within ten (10) days after submission of the same to the Committee, approval for the purposes of this Article, shall be deemed to have been given by the Committee.

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E. The Committee, or its agent, shall have the right to inspect all construction

to ensure that it is performed in strict accordance with the approved plans, specifications and details. Upon completion of the construction in accordance with the approved plans, specifications and details, the Committee shall issue a certificate of completion to the Owner.

F. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his residence or permitted pertinent structures, or to paint the interior of the same any color desired.

G. Neither the Developer nor the Committee nor the Board of Directors or any architecture agent thereof shall be responsible in any way for any defects in plans, specifications or details submitted, revised or approved in accordance with the provisions contained herein or in the guidelines, nor for any structural or other defect in any construction.

H. The requirements of this Article shall not constitute a lien or encumbrance on any Lot on which construction is completed, and any subsequent purchaser thereof for value without notice thereof is in no way affected by the failure of his predecessors in title to comply with the terms hereof. The requirements of this Article shall not apply to the Developer with regard to original erection or construction of a dwelling on a Lot.

ARTICLE 13

RESTRICTIONS ON USE AND OCCUPANCY

A. Use Restriction. No Lot in community area shall be used except for single family residential purposes. No Lot shall be used for purposes of agriculture, aquaculture, or any other commercial activity.

B. Structure Type. No structure shall be erected, placed or permitted to

remain on less than a numbered Lot other than one (1) detached, single family residence dwelling, including a private enclosed garage for the sole use of the Lot Owner or occupant with space for not more than three (3) automobiles and a second story for guests and/or servants quarters which garage shall not be rented separately for remuneration and/or a private storage building for the sole use of the Lot Owner or occupant. Other allowed structures, but must be approved by the Archatectural Committee, include but are not limited to Sheds, Pool Houses, Detatched Garages, Pools Etc., so long as said private garage and/or private storage building is approved by the Committee and completed Other Structures are to be completed with the same exterior materials and appearance as the single family residence situated thereon. Unenclosed carports, not attached to the principal dwelling, or similar storage structures, shall not be erected, placed or permitted to remain on any Lot.

C. Structure size. Any dwelling constructed on a Lot subject to these Restrictions must conform to the following minimum standards:

(1) No dwelling shall be constructed containing less than

__(1500)________________ square feet of fully enclosed and heated floor area devoted to living purposes and inclusive of covered porches and garages (exclusive of roofed or unroofed porches, or terraces, and garages).

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(2) No more than __(400)_________________ square feet of a finished room over garage ("FROG") shall be allowed in computing total square footage of heated floor living area within a private single family residence.

(23) No dwelling or structure shall be more than two stories high., and

any such two-story structure shall have a ground floor of at least __(800)_______________ square feet of fully enclosed and heated floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, and garages).

(34) The construction of any dwelling, driveway, pool, patio or any

other construction which creates an impervious surface covering upon the Lot subject to these Restrictions may not exceed the area of impervious surface covering allowed upon the surface of a Lot pursuant to rules and regulations established by the North Carolina Department of Natural and Economic Resources, Division of Environmental Management. This covenant is intended to ensure continued compliance with storm water runoff rules adopted by the State of North Carolina and may be enforced by the State of North Carolina. This covenant may not be changed or deleted without the consent of the State.

D. Setback Restrictions. No above-grade structure (except approved fences or walls) may be constructed or placed on any Lot except within the minimum building setback lines as set forth herein Above ground pools are permissible with the approval of the Architectural Review Committee. Any of such pools must be constructed such that they are not visible from the street and an architectural rendering must be submitted for review to the review committee as part of the request. No building shall be erected or maintained on any such Lot closer than the setback lines set forth herein, to wit:

Setback from front Lot line: 35 feet _________________________________ Setback from rear Lot line: 15 feet

_________________________________

For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of a building. In addition, no unattached storage building or garage (each of which shall be considered a building) shall be constructed or permitted on any Lot nearer the street than the rear line of the main dwelling house situated on the Lot. As to corner Lots within the subdivision, the front line shall be considered the line facing the front door of the house placed on said Lot.

The term "Lot front line" defines the boundary line of the Lot that is contiguous to and bounded by the named street as shown on the recorded subdivision plat.

The term "Lot rear line" defines the boundary line of the Lot that is farthest from, and substantially parallel to, the line of the street on which the Lot abuts.

The term "Lot side line" defines a boundary line that extends from the street on which the Lot abuts to the rear line of the Lot.

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E. Septic Systems. _____________________________________ F. The following general prohibitions and requirements shall apply and

control the improvement, maintenance and use of all Lots:

1. No mobile home, trailer, camper, tent, or temporary house, temporary garage or other temporary outbuilding shall be placed or erected on any Lot, provided, however, that the Committee may grant permission for temporary structures for storage of materials during construction. No such temporary structures as may be approved shall be used at any time as a residence.

2. Once construction of a dwelling or other improvements is started on any Lot, the improvements must be substantially completed in accordance with the approved plans and specifications within twelve (12) months from commencement.

3. During construction of improvements on any Lot, adequate portable sanitary toilets must be provided for the construction crew and the Lot must be cleaned of excess debris at least once a week.

4. All dwellings and permitted structures erected or placed on any Lot

shall be constructed of material of good grade, quality and appearance, and all construction shall be performed in good workmanship manner and quality. The exterior and roof coverings of all dwellings and permitted structures shall be approved by the Committee. The requirements of the Committee shall control all improvements to any Lot as is therein specified.

45. Except structures erected by the Developer, no structure erected upon any Lot may be used as a model exhibit or house unless prior written permission to do so shall have been obtained from the Committee and Developer, if the Developer still owns property within the Developed Area.

56. All Lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted.

67. No trash, ashes, garbage or other refuse shall be dumped or stored or accumulated on any Lot or other area in the subdivision.

8. Any dwelling or improvement on any Lot which is destroyed in

whole or in part by fire or other casualty must be rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain on such Lot longer than three (3) months.

79. No stripped, partially wrecked, or junked motor vehicle, or part thereof, shall be permitted to be parked or kept on any Lot. All motor vehicles of any type kept on any Lot shall have current registration and inspection certificates.

810. No vehicle of any type shall be parked or left unattended overnight on any street in the subdivision. No mobile home, mVehicles including motor home, trailer, camper, boat on trailer, or similar vehicle mayshall be parked or kept overnight or longer, on any Lot, as long as it is stored along side or behind the primary structure in such a manner as to be visible to the occupants of other Lots or the users of any street or recreation area. These items



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Trailerable boats are allowed to be parked or kept on Lots but no boatvehicle or trailer in excess of 3524 feet shall be allowed to be parked on a Lot and all boats parked or kept on Lots shall be upon the trailer used to transport said boat.

911. All fuel storage tanks shall be buried below the surface of the ground and all outdoor receptacles for ashes, trash, rubbish or garbage shall be installed underground, screened or so placed and kept as not to be visible to the occupants of other Lots or the users of any street or recreation area.

12. All outdoor poles, clotheslines and similar equipment shall not be

placed on any Lot unless approved by the Committee. 13. All recreational equipment and personal property other than

automobiles or bicycles must be stored neatly and in such a manner as not to be visible from any street.

104. No sign (excluding typical "For Sale" and builder identification signs or similar signs not larger than 18" x 24"), billboard or other advertising structure of any kind may be erected or maintained upon any Lot; provided, however, that construction identification signs approved by the Committee showing the Lot number and name of the builder may be exhibited upon the Lot during the period of construction.

115. No radio station or short wave operator of any kind shall operate from any Lot or residence without the prior written approval of the Committee. No radio or television antenna or satellite dish may be installed upon any Lot unless first approved in writing by the Committee. Any antenna or satellite dish permitted by the Committee must be attached to the rear or side of the dwelling and may not be placed forward of the rear line of the dwelling.

12.6. All dwelling connections for all utilities including but not limited to water, electricity, gas, telephone and television shall be run underground from the proper connecting points to the dwelling structure in such manner as may be acceptable to the appropriate utility authority.

17. No animals, livestock or poultry of any kind shall be raised, bred

or kept on any Lot, except that dogs, cats or other household pets in a reasonable number, not to exceed three (3), may be kept provided they are not kept, bred or maintained for any commercial purpose, and provided, further, that such pets do not constitute a danger or nuisance to other Lot Owners or to the neighborhood. Chickens are permitted however they must be kept in the rear yard behind a solid fence and not constitute a nuisance to others. No roosters are permitted.

138. The erection of fences shall is permitted however, require approval of the Committee as provided in Article 11 hereof. No fence of chain link type construction or a fence in excess of sixfour feet in height shall be installed. Smaller chain link areas for the purposes of chickens or pet runs inside of an exisiting solid fence are permitted as long as they are not visible to those outside of the fenced area. approved by the Committee, except that the Committee, in its sole discretion, may approve fences of chain link construction and up to six feet in height for the purpose of confining pets provided same does not extend more than twenty-five (25) feet All fencing must be in any direction and are constructed within the minimum building setback lines.

149. No noxious, offensive or illegal trade or activity shall be carried on upon any Lot nor shall anything be done on any Lot that shall be or become an unreasonable annoyance or nuisance to other Lot Owners or the neighborhood.




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1520. No aAbove-ground swimming pool, permanent or otherwise,

which stands more than two feet in height shall be permitted on any lot. Pools must be erreceted in the rear yard only and must be visually shielded by a solid rear fence of 6 ft in height. Plans including landscaping and fencing for in-ground pool construction must be approved in writing by Developerclarant (or the Committee if formed) prior to the commencement of construction of same.

1621. No Owner of any lot in the subdivision shall permit the riding of

two, three or four wheeled motorized vehicles, motorcycles or go-carts over a vacant Lot in Laurel Woods Estates or over the Community Use Areas or Streets of the subdivision, nor shall any such Owner permit the creation of a trail or tract on which said two, three or four-wheeled motorized vehicles, motorcycles or go-carts shall be operated.Electric Golf Carts are permitted for use on streets within Sound Woods by property owners only. Any vehicle including Golf Carts must meet any NC DOT traffic, licencing and opertating rules. All drivers must matain a valid drivers license and insurance. The owner of the Golf Cart and driver assume all responsibility for any damages and do so at their own risk. The association, boards, and Developer assume NO RESPONSIBILITY at any time for any reason.

25. 17. All lots shall be crowned such that the grade at the dwelling

location is in accordance with the approved construction plans and must maintain full compliance with the State Stormwater Permit SW7080931.

G. Easements. Easements are reserved by Declarant along and within Thirty five feet of all front lot lines, and within ten feet of all side and rear lot lines (except as to waterfront Lots, in which no easements along rear lot lines are reserved) for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electricity, telephone service, water mains, sanitary and storm sewers, road drains and other public and quasi-public utilities, and for the trimming of any trees which may at any time interfere or threaten to interfere with the maintenance of such lines, with right of ingress, egress and regress from and across said premises to duly authorized maintenance personnel.

ARTICLE 14

AMENITIES AND FACILITIES

Every park, recreation area, recreation facility, dedicated access and other amenities appurtenant to the Subdivision, whether or not shown and delineated on any recorded plat of the Subdivision, shall be considered private and for the sole and exclusive use of the Owners of Lots within the Subdivision. Neither Developer’s execution nor the recording of any plat nor any other act of Developer with respect to such areas is, or is intended to be, or shall be construed as a dedication to the public of any such areas, facilities or amenities.

Formatted: Indent: Left: 1", First line: 0.5", No bullets or numbering

Formatted: Indent: Left: 0.75"

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ARTICLE 15

WAIVER

No provision contained in these Restrictions, the Articles or the By-Laws shall be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person as to the same or similar future violations, no matter how often the failure to enforce is repeated.

ARTICLE 16

VARIANCES

The Board of Directors in its discretion may allow reasonable variances and adjustments of these Restrictions in order to alleviate practical difficulties and hardship in their enforcement and operation. Any such variances shall not violate the spirit or the intent of this document to create a Subdivision of Lots owned in fee by various Persons with each such Owner having an easement upon areas owned by the Corporation.

To be effective, a variance hereunder shall be recorded in the Currituck County Register of Deeds Office, shall be executed on behalf of the Corporation, and shall refer specifically to this Declaration.

ARTICLE 17

DURATION, AMENDMENT AND TERMINATION

A. The Covenants and Restrictions contained in this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time, they shall automatically be extended for successive periods of one (1) year. This Declaration may be amended in full or part during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners provided, that no amendment shall alter any obligation to pay Community Expenses to benefit the Community Use Areas, as herein provided or affect any lien for the payment of same. To be effective any amendment must be recorded in the office of the Register of Deeds of Currituck County, North Carolina, and a marginal entry of same must be signified on the face of this document.

B. Invalidation of any one of these covenants or Restrictions by Judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect.

ARTICLE 18

CAPTIONS

The captions preceding the various Articles of these Restrictions are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of these Restrictions. As used herein, the singular includes the plural and where there is more than one

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Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine shall be deemed to include the

feminine, the feminine to include the masculine, and the neuter to include the masculine and feminine.

ARTICLE 19

LIBERAL CONSTRUCTION

The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple Ownership of Lots and buildings governed and controlled by rules, regulations, restrictions, covenants, conditions, reservation and easements administered by an Owners’ Association with each Owner entitled to and burdened with the rights and easements equivalent to those of other Owners.

IN TESTIMONY WHEREOF, ____________________________, has caused this instrument to be executed this ____ day of _______________, 2012.

LAUREL WOODS ESTATESSound Woods, LLC, By: (SEAL)

President

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ATTACHMENT TO RESTRICTIVE COVENANTS OF LAUREL WOODS ESTATESSOUND WOODS

LAUREL WOODS ESTATES NCSOUND WOODS HOMEOWNERS ASSOCIATION, INC.

ARCHITECTURAL GUIDELINES

I. Purpose

A. To promote an understanding of land use and architecture based upon traditional styles appropriate to the unique waterfront environment.

B. To outline the procedure by which individual Owners may obtain approval to construct houses on Lots in Laurel Woods EstatesSound Woods.

C. To define the basic requirements governing the construction of houses and the aesthetic and environmental considerations affecting the placement of houses on individual Lots.

D. To maintain the quality of the community.

II. Submission Procedures

The Owner shall submit one copy of the elevation drawings, floor plans, and

specifications for each project to the Architectural Control Committee (hereinafter the “Committee”). Submission requirements apply to existing houses (for addition or change) as well as to new structures. Response will be withheld if assessment due Corporation is delinquent.

When the Committee finds that the plans conform to the Architectural Guidelines, a Letter of Approval will be given for the proposed work and the submitted plans returned to the Owner. Developer and Developer Selected Builder/s are exempt from this process.

A. Duration and Inspection. All projects must receive written approval from the chairman before application is made for a CAMA permit and a county building permit. Approval for a project may be valid for 18 months. Extensions may be given at the discretion of the committee.

B. Final Inspection. A final inspection of the completed project may be made by a Committee member or other agent of the chairman to see that everything has been done in accordance with the Owner’s full submission.

C. Enforcement. Failure to observe the Committee’s recommendations will result in

the matter being referred to the Laurel Woods Estates NCSound Woods Homeowners Association, Inc., Board of Directors for appropriate legal action in accordance with terms of the

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Declaration of Restrictive Covenants of Laurel Woods EstatesSound Woods.

III. Design Guidelines

A. Construction Materials and Exterior Finishes. All construction materials must be new, except wood flooring, interior paneling and brick. The exterior finish or materials of each house must be approved by the Committee. Only the following types of exterior finishes or materials will be approved:

1. Wood 2. Brick 3. Stone 4. Vinyl 5. Stuccoo

B. Roofs.

1. Architect type shingles or their equivalent shall be required on all roofs. 2. No dwelling shall be constructed with a main roof containing less than a

6/12 pitch and less than four separate roof planes. C. Driveways. Each Lot upon which a dwelling has been constructed must contain a driveway thereon. The placement, construction, and composition of any and all driveways must be approved in writing by the Committee prior to the commencement of construction of same. No driveway shall be constructed or maintained on any Lot in such a manner as to obstruct normal drainage of the street on which said Lot fronts, and to that end, such driveway shall have an apron of appropriate design. Any culvert or pipe used in the installation and construction of a driveway must be installed in a manner which meets applicable State specifications for culverts or bridges. All driveways must be composed of either concrete, brick, or like material. Stone, asphalt, pebble, gravel, or blacktop driveways are prohibited.

D. Signs. The only permanent signs permitted are to display ONLY the name of the Owner or house (with a maximum size of four square feet), and a small house number to be specified by the developer. No commercial signs are permitted, except a temporary "For Sale" or "For Rent" sign (with a maximum size of 18" x 24").

E. Garbage Racks. Garbage racks are permitted and should be compatible with the exterior of the house, and located within the Lot boundary near driveway.

IV. Construction

It shall be the responsibility of each Owner to insure that the contractor or builder and all subcontractors obey and observe the Restrictive Covenants of the subdivision. It shall be the responsibility of the Owner to insure the removal of trash, signs, animal control, noise, and damage to other Lots.

V. Enforceability

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The Committee will refer any Owner violation of these guidelines to the Corporation Board of Directors, only after exhausting all attempts to reach an equitable solution to a disagreement. In the event the Committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the real property subject to the Declaration of Restrictive Covenants or Laurel Woods Estates or the Owners thereof, the Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every Lot Owner or prospective Lot Owner within the development takes notice and is bound by this provision, subject to the power of an amendment reserved in the covenants. The Corporation Board is legally empowered to file suit against any Owner who does not comply after reasonable notice.

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