SW6130304_HISTORICAL FILE_20130401

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW (l4y
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

r
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. James H. Mock, PE
Mercer Design Group, PC
P.O. Box 1516
Weaverville, NC
Dear Mr. Mock:
Division of Water Quality
Charles Wakild, P.E.
Director
April 1, 2013
John E. Skvarla, III
Secretary
Subject: Request for Additional Information
Stormwater Project No. SW6130304
Club Pond Green Apartments - Ph. I & 11
Hoke County
The Division of Water Quality Central Office received a Stormwater Management Permit Application for the
subject project on March 20, 2013. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
1. The application (SWU-101) and the 0&M Agreements must be signed by an officer of the LP as
shown on the NC Secretary of State database. James B. Smith or United Developers, Inc. are not
shown as a Manager of Club Pond Green/Duggins, LLC, so an original letter from a Manager
(Murray 0. Duggins) would need to be submitted authorizing him to sign these forms for the
LLC/LP.
2. The drainage area to the BMP must be delineated and shown on the plans. This should include the
area of the BMP itself.
3. An onsite SHWT elevation determination and infiltration test must be done within the footprint of
the infiltration BMP proposed. The geotech report submitted does not include this specific
information.
4. A properly designed level spreader and supplement form is needed along the up -gradient side of
the vegetated filter strip provided. The over 4' drop from the 12" weir will not provide the same
diffuse flow as a level spreader will along the entire length of the 21' long filter strip.
S. Please verify the minimum treatment volume calculations using the simple method. The DA,
impervious area, and volume is not consistently shown in this calculation on the plans, calcs, and
forms.
6. Please provide a stage -storage table for the infiltration basin to show the provided volume.
7. Please note that a plan revision will need to be submitted to DWQ once the final grading plans are
done, and prior to construction of phase II. Also, lot no. 1 will be permitted for zero bua beyond
Wetlands and Stonnwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.nmaterquaRy.org
An Equal Opportunity 1 Affirmative Action Employer
Nne
orthiCarci ina
Naturally

Mr. James H. Mock, PE
SW6130304 - Club Pond Green Apartments - Ph. 1 & 11
April 1, 2013
the access road. A separate permit, or modification of this permit, will be required prior to lot no.
1 being developed.
8. Please be sure to revise all forms, plans, and calculations to reflect any changes.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received by this Office prior to May 1, 2013, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application
fee.
If you need additional time to submit the information, please mail or fax your request for a time extension to
the Division at the address and fax number at the bottom of this letter. The request must indicate the date by
which you expect to submit the required information. The Division is allowed 90 days from the receipt of a.
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
All revised original signed documents must be returned or new originals must be provided. Copies are not
acceptable. Any revised calculations or plans must be sealed, signed, and dated. Please reference the State
assigned permit number SW6130304 on all correspondence. If you have any questions concerning this
matter please feel free to call me at [phone], or at [e-mail].
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
cc: SW6130304 File /
James B. Smith - Club Pond Green Associates Limited Partnership
ec: Mike Lawyer - Fayetteville Regional Office
Page 2 of 2

IWDG
April 25, 2013
Mr. Robert Patterson, PE
North Carolina DENR
DWQ Stormwater
512 N. Salisbury Street
9th Floor
Raleigh, NC 27604
Re: Club Pond Apartments -Phase I & II
Stormwater Management RE -SUBMITTAL
Project No. SW6130304
Club Pond Road, Hoke County
Robert,
LE
APR '.6,2013
Attached are two signed and sealed revised sets of Site Development drawings for the
referenced project for your review. The following are point -by -point responses to your review
letter dated April 1, 2013:
V ' Attached please find a confirmation letter from Mr. Murray Duggings regarding James B.
Smith's ability to sign all documents for Club Pond Green Associates Limited
/Partnership.
2. The BMP drainage area has been added to drawing C2.
/3..The SHWT and infiltration testing has been provided with the attached F&R report dated
April 23, 2013. The SHWT was not encountered within 8 ft. of existing grade (El. 245+ ).
Therefore the SHWT would be much lower (greater than 2 ft.) than the pond bottom of
El. 242.0..... The infiltration test results are included in the attached report, indicating a
KSAT (in/hr) of 1.91 and 3.12. As a result of these test results, the Stormwater
Management Report has been revised using the lower of the two values of 1.90, and is
included in this re -submittal.
The Level Spreader discharge feature (and the outfall structure itself) has been revised.
Utilization of an arched level spreader should more evenly disperse the 1-yr &10-yr
events' discharges across the vegetated filter stip. A Level Spreader Supplement Form
is attached.
The Vt inch volume calculation (Simple Method) is included in the Management Report.
This method's determination demonstrates that the basin's volume is sufficient. We
have coordinated/revised the impervious area and volumes in the plans-calcs-forms.
MERCER DESIGN GROUP, PC
P.O.B. 1 51 6, WEAVERVILI-E, NO 28767
P. 526-645-7088 F. 3213-645-7714

6. A stage —storage table is included in the Management Report for both the 1-yr and 10-yr
storm events.
v
✓ 7. The plans attached are the final/rading plans for Lot Nos. 2 & 3. Lot No.1 (excluding
the entrance road which isixeadte�I=by-this project) is owned by a separate entity, and
would have to submit a stormwater plan separately, discharging to the permanent by -
/pass channel provided in this application.
"/8. All known forms, plans and calculations have bee revised.
Hopefully we have provided all of the necessary information for you to process this submittal
not please give me a call at 828-645-7088. Thank you for your attention to this matter.
H. Mock, Jr., PE
Design Group, PC
Mercer Design Group, PC 205 Flat Creek Village Drive, Weavervdle, NC 26757 P. 828-G45-7088 P. 828-G45-7714

2939 Breezewood Avenue, Suite 201
Fayetteville, NC 28303
Phone: [phone]
Fax: [phone]
April 22, 2013
To Whom It May Concern:
Please accept this letter as my confirmation that James B. Smith, President of United
Developers, Inc. is authorized to sign on Club Pond Green Associates Limited
Partnership's behalf and make all decisions.
If you have any questions, please feel free to contact me.
Sincerely,
Club Pond Green Associates Limited Partnership
By: Club Pond Green/Duggins, LLC
General Partner
By: United Developers, Inc.
Its: Managing Manager, Development Manager
By:
Murray D lgg tgg ns, CEO
Date: Zf1-12- 2--13

RRDG
ENGINEERING EXCELLENCE
March 15, 2013
Mr.. Robert Patterson, PE
North Carolina DENR
DWQ Stormwater
512 N. Salisbury Street
9th Floor
Raleigh, NC 27604
Re: Club Pond Apartments -Phase I & II
Stormwater Management Documents
Club Pond Road, Hoke County
Hoke County PIN: 4944-5000-1020 (Parent Tract)
Dear Robert,
Attached are two signed and sealed sets of Site Development drawings for the referenced
project, along with:
✓• One original and one copy of the Permit Application Form
✓• One original of the BMP Supplemental Form, signed and sealed.
✓• Signed Infiltration Basin O&M Agreement
✓• One bound Stormwater Management Report, which includes a detailed narrative, Soils
Report, and calculations
A USGS map
Copies of the property deeds
v/ Secretary of State Corporation documentation
A $505.00 check for the processing fee
Hopefully we have provided all of the necessary information for you to process this submittal. If
not please give me a call at 828-645-7088. Thank you for your attention to this matter.
H. Mock, Jr., PE
Design Group, PC
R '15
MAR 2 i+ 20'3
MERCER DESIGN GROUP, PC
205 FLAT CREEK VILLAGE DRIVE, WEAVERVILLE, NO 28787
P. 828-645-7OBB F. 828-645-7714

C201224100433
SOSID: 1276047
Date Filed: 8/30/2012 11:02:00 ADM
Elaine F. !VMarshall
North Carolina Secretary of State
C201224100433
State of North Carolina
Department of the Secretary of State
CERTIFICATE OF DOMESTIC LEMTED PARTNERSRW
Pursuant to §59-201 of the General Statutes of North Carolina, the undersigned hereby submits this Certificate of
Domestic Limited Partnership.
1. The name of the limited partnership is: CLUB POND GREEN ASSOCIATES LIMITED PARTNERSHIP
(The name must contain the words "Limited Partnership," or the abbreviation "L.P." or "LP," or the combination
"Ltd. Partnership'.)
2. If formed prier to October 1, 1986, complete this section:
County of Filing County File Number
Date of Filing
3. Name of Registered Agent: MICHAEL J, WENIG
4. Address of Registered Office:
Number and Street 100 NORTH GREENE STREET, SUITE 600
City, State, Zip Code GREENSBORO, NC 27401 County GUILFORD
5. Address of office where records are kept, if not kept at registered office:
Number and Street 2930 BREEZEWOOD AVENUE, SUITE 201
City, State, Zip Code FAYETTEVILLE, NC 26303 County CUMBERLAND
6. Latest date upon which the limited partnership is to dissolve. (If no date is specified, there shall be no limit on the
Limited partnership's duration.)
7. State the name, and address, including county and city or town, and sheet and number, if any, of each general
partner. (Attach additional sheets if necessary.)
CLUB POND GREEN / DUGGINS, LLC
2930 BREEZEWOOD AVENUE, SUITE 201
FAYETTEVILLE, NC 28303
CORPORATIONS DMSION P.O.BOX 29622 RAJBGFLNC 27626-06222
(P-aedJm=7y' 2002) Form LP-01

C201224100433
c• ,
6. This registration will be effective upon filing, unless a dare andlor time is specified.
9. The following and attached signatures of EACH general partner constitute an aititmation under the penalty of
perjury that the facts herein are true.
(a) If the general partner is an individual, complete this section
Signet De
Dare
Typed or Prl¢md Name
Signature
Date
Typed or Prated Name
i .
I Slgnatrtra
Date
Typed or Printed Name
Signature
Date -
Typed Typed orPriotedName
----------...-
(b) If thegeneml partner is a corporation or other entity, complete this section.
Nnmo of corporation or
tiD I DUGGIMS, LLC
Signature of officer
Name and Title of officer D
I UmRed Partnerahlo Manager by Mundy D Dueoins Gen Partner
Name of corporation or other entity
Signatuo of officer
Name and Title of officer
Name of corporation or otter entity
Signattan of officer
Name and Tittle of officer
Data
other
Sim of officer
Name and Title of officer
Dada
NOTES:
Piling fee is $M. Thb document must be Illad with the Secretary of State.
CGRPORAUONS DMSiON P.O.EOX 29622 RAL6GH,NC700"6222
(RwhadJnmary, 2002) FormLROl

C201224100430
State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 1275953
Date Piled: 8/29/2012 2:57:00 Pill
Elaine P. Marshall
North Carolina Secretary of State
C201224100436
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
The name of the limited liability company is:
CLUB POND GREEN/DUGGINS LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both).
Michael J. Wenig, Organizer
PO Box 2888
Greensboro, NC 27402
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 100 NORTH GREENE STREET, SUITE 600
City, State, Zip Code GREENSBORO, NC 27401 County GUILFORD
5. The mailing address, if different from the street address, of the initial registered office is:
6. The name of the initial registered agent is: MICHAEL J. WENIG
7. Principal office information: (Select either a or b)
a. ® The limited liability company has a principal of re.
The street address and county of the principal office of the limited liability company is:
Number and St
City, State, Zip
CUMBERLAND
The mailing address, if different from the street address, of the principal office of the corporation is; _
b. ❑ The limited liability company does not have a principal office.
302978VI

C201224100430
8. Check one of the following:
(i) Member -managed LLC. all members by virtue of their status as members shall be
managers of this limited liability company.
X (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the 23rd day of May 2012
MICHAEL J. WENIG, Organizer
Type or Print -Name and Title
NOTES:
1. filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DMSION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form 401)
302978vl

f
r l i
101-T
0069
1-1
E
CarMMoate of Approval for
Raeorft
I hereby WRY Vwt thla transaction
hereon has been found to comply ,•%<.!� tha
r•
1d-1-1-42
BK:01017 PG:0069
FILED
HOKE COUNTY NC
ONNIE 8. DUDLEY
REGISTER OF D OS
FILED Dec 19. 2012
TIME 04:28:05 pm
BOOK 01017
START PAGE
0069
END PAGE
0070
INSTRUMENT #
08495
* RECORDING $26.00
e,s EXCISE TAX $683.00
ELE
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS FORM IS NOT A "NORTH CAROLINA BAR ASSOCIATION" FORM
NO TITLE EXAMINATION
Parcel Identifier No.
Excise Tax: $
Prepared by: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305
Return after recording to: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305
Brief Description for the Index:
This Deed made this the 18's day of December, 2612 by and between:
CeTTI Ti Me ,
JOSEPH P. RIDDLE, HI and wife,
TRINA T. RIDDLE
Mailing Address:
125 Great Oaks
Fayetteville, NC 28303
W-11yViT
CLUB POND GREEN ASSOCIATES
LIMITED PARTNERSHIP,
a North Carolina limited partnership
Mailing Address:
P.O. Box 87770
Fayetteville, NC 28304
Enter in appropriate block for each party: name, address,. and, if appropriate, character of entity, e.g,
corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. .
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in Hoke County, North Carolina and more particularly
described as follows:
BEING all of Lot 2 as shown on the Plat entitled "Minor Subdivision For Club Pond Green Associates
Limited Partnership" dated October 8, 2012, prepared by Leland D. Strother, PLS 1,2768, Strother
Land Surveying, recorded in Plat Cabinet 4, Slide 4-45, Map 005, Hoke County, North Carolina
Registry, which Plat is incorporated herein by reference and made a part hereof for greater certainty
of description and location of said premises.
pON7p �Ol R/CORD
The property hereinabove described was acquired by Grantor by instrument recorded in Book _, Page
A map showing the above described property is recorded in Plat Book Page
All or a portion of the property herein conveyed includes or _X_ does not include the primary
residence of a Grantor.

100 0070 BK:01017 PG:0070
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under
or through Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
All valid and enforceable easements, restrictions, rights -of -way, conditions and matters of record; the lien of
ad valorem tax for the current year which Grantee shall pay; and matters which would be revealed by a
current and accurate survey and inspection of the premises.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed
by authority of its Board of Directors, effective the day and year first above written.
(SEAL)
� 11EPH P. RIDDLE, HI
�)VN'�J (SEAL)
TRINA T. RIDDLE
NORTH CAROLINA
CUMBERLAND COUNTY
I, F tc /r"f 6r— � a Notary of the County and State aforesaid, do hereby certify
that Joseph P. Riddle, III and Trina T. Riddle personally came before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and official stamp or seal, the day of
December, 2012.
o bGc
My commission expires:��
RICHAR AA GALT
NOTARY Pu"UC
Cumberland County, NoM Cerolbra
W Commission Expires 12115=15

T417-~
0071
it
Ce"'CMe of: Approval for Recording
h' .::y certify that this transaction
n has been found to comply with the
`. w::Jivislon Regulations of this Count,,( of .
llor6, North Carolina, and that this has
beon approved for recoremg in Era C.'ace
e1 the Roj., r of De f Hoko County
BK:01017 PG:0071
FILED
HOKE COUNTY NC
ONNIE B. DUDLEY
RFr'IST R dF nFFnS
FILED Dee 19. 2012
TIME 04:36:10 pm
BOOK 01017
START PAGE 0071
END PAGE 0072
INSTRUMENT # 08496
RECORDING $26.00
EXCISE TAX ELB $228.00
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS FORM IS NOT A "NORTH CAROLINA BAR ASSOCIATION" FORM
NO TIME EXAMINATION
Parcel Identifier No.
Excise Tax: $ �8
d�
Prepared by: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305
Return after recording to: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305
Brief Description for the Index:
This Deed made this the 18's day of December, 2012 by and between:
GRANTOR
JOSEPH P. RIDDLE, HI and wife,
TRINA T. RIDDLE
Mailing Address:
125 Great Oaks
Fayetteville, NC 28303
GRANTEE
UNITED DEVELOPERS, INC.,
a North Carolina corporation
Mailing Address:
P.O. Box 87770
Fayetteville, NC 28304
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g.,
corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WMESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in Hoke County, North Carolina and more particularly
described as follows:
BEING all of Lot 3 as shown on the Plat entitled "Minor Subdivision For Club Pond Green Associates
Limited Partnership" dated October 8, 2012, prepared by Leland D. Strother, PLS 1-2768, Strother
Land Surveying, recorded in Plat Cabinet 4, Slide 4-45, Map 005, Hoke County, North Carolina
Registry, which Plat is incorporated herein by reference and made a part hereof for greater certainty
of description and location of said premises.
I �VtO ilk R
1l T*x wpwfflaw
The property hereinabove described was acquired by Grantor by instrument recorded in Book _, Page _.
A map showing the above described property is recorded in Plat Book , Page
All or a portion of the property herein conveyed includes or _X_ does not include the primary
residence of a Grantor.

...a 61 f
0072
BK:01017 PG:0072
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under
or through Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
All valid and enforceable easements, restrictions, rights -of -way, conditions and matters of record; the lien of
ad valorem tax for the current year which Grantee shall pay; and matters which would be revealed by a
current and accurate survey and inspection of the premises.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed
by authority of its Board of Directors, effective the day and year fast above written.
61� f)Z / , (SEAL)
SEPH P. RIDDLE, HI
\LtVVC--.1 ��"k -- (SEAL)
TRINA T. RIDDLE
NORTH CAROLINA
CUMBERL D COUNTY
Q
I, /' 1 a Notary of the County and State aforesaid, do hereby certify
that Josep P, Riddle, III and Trina T. Riddle personally came before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and official stamp or seal, the day of
December, 2012.
o blic
My commission expires:
ZRICHAIRD A CARY PUBLICCuounty.l'a y =Myon FEW

1017
0073
BK:01017 PG:0073
FILED
HOKE COUNTY NC
ONNIE B. DUDLEY
FILED Dec 19, 2012
TIME 04:38:30 pm
BOOK 01017
START PAGE
0073
END PAGE
0077
INSTRUMENT #
08497
RECORDING
$26.00
EXCISE TAX
(None)
ELB
Prepared by and return to: William G. Burgin, III, Tuggle Duggins P.A.
P.O. Box 2888, Greensboro, North Carolina 27402-2888
STATE OF NORTH CAROLINA
ACCESS AND GENERAL
COUNTY OF HOKE UTILITY EASEMENT
THIS ACCESS AND GENERAL UTILITY EASEMENT ("Easement") is made and
executed this 1� day of December, 2012 among JOSEPH P. RIDDLE, III and wife, TRINA T.
RIDDLE (hereinafter collectively referred to as "Grantor"), CLUB POND GREEN
ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership (hereinafter
referred to as "Club Pond") and UNITED DEVELOPERS, INC., a North Carolina corporation
(hereinafter referred to as "United Developers"); (Club Pond and United Developers hereinafter
collectively referred to as "Grantee").
WHEREAS, Grantor is the owner of that certain tract of land situated in Hoke County,
North Carolina and being more particularly described as Lot No. 1 (2.72 acres total) on that
certain plat (the "Plat") entitled "Minor Subdivision for Club Pond Green Associates Limited
Partnership" recorded in Plat Cabinet 4, Slide 4-45, Map 005, Hoke County Registry (the
"Encumbered Property"); and
WHEREAS, Club Pond is the owner of that certain contiguous tract of land situated in
Hoke County and being more particularly described as Lot No. 2 (4.72 acres) on the Plat (the
"Club Pond Property"); and
WHEREAS, United Developers is the. owner of that certain contiguous tract of land
situated in Hoke County and being more particularly described as Lot No. 3 (1.56 acres) on the
Plat (the "United Developers Property"); (The Club Pond Property and the United Developers
Property hereinafter referred to as the "Benefited Property"); and
WHEREAS, the Benefited Property and the Encumbered Property are adjacent and
contiguous parcels of property; and
WHEREAS, Grantor has agreed to grant Grantee permanent, non-exclusive access and
general utility easements to permit Grantee (i) pedestrian and vehicular traffic access from the
65401M

1017
0074
BK:01017 PG:0074
Benefited Property across the Encumbered Property within that area labeled "Access and Utility
Easement" on the Plat (approximately .4 acres +/-) to and from Club Pond Road (State Road
1408) (the "Easement Area") and (ii) the right and privilege of running any utilities within the
Easement Area; and
NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of
which is hereby acknowledged, Grantor has bargained, sold and does hereby grant, sell and
convey unto Grantee the permanent, non-exclusive right, privilege and easement, now and
hereafter, to use the Easement Area as follows:
es4017vt
Construction of Access Road. To construct, inspect, maintain, repair, replace and
use an access road over the Easement Area for purposes of ingress, egress and
regress thereupon by pedestrian and vehicular traffic from the Club Pond Property
and the United Developers Property to and from Club Pond Road (State Road
1408). The construction of the access road shall be in accordance with generally
accepted road construction standards as established by the North Carolina
Department of Transportation ("DOT"). Grantee shall have the right to apply for
acceptance of the access road as a state maintained road by the DOT or any local
government body that maintains local streets. Grantor agrees to cooperate with
any such application for acceptance of the access road for state or local
maintenance.
2. Utilities. To locate any utilities, including without limitation water, sewer, storm
water, electric and telephone within the Easement Area from Club Pond Road
(State Road 1408) to the Benefited Properties. Grantee shall have the right to
construct, inspect, maintain, repair, replace and use any utilities within the
Easement Area.
Sign. To locate a sign for the Benefited Property within the Easement Area in
accordance with the applicable local sign ordinance. Grantee may construct,
inspect, maintain, repair, replace and use a sign within the Easement Area.
4. Maintenance of Access Road. Grantee shall be solely responsible for constructing
the access road, such construction to commence by June 30, 2013 and to be
completed no later than June 30, 2014. Both Grantor and United Developers shall
have the right to curb cuts along the access road as desired and as permitted by the
DOT or the applicable authorities. Maintenance of the access road shall be shared
among Grantor, Club Pond and United Developers with the Benefited Party
assuming two-thirds (2/3) of maintenance costs and the Grantor one third (1/3) of
maintenance costs. However, no party shall be obligated for maintenance cost of
the access road until its property has been developed and connected to the access
road.
Maintenance of Utilities. Club Pond and United Developers shall each be solely
responsible for maintenance of any utilities which benefit its respective property.

1017
0075 BK:01017 PG:0075
6. Obstruction. Neither Grantor nor Grantee shall erect any permanent or temporary
structure, obstacle or barrier over or across the Easement Area or otherwise
interfere with the reasonable use of the Easement Area (except as may be
reasonably required during the construction of the access road or utilities or
during maintenance, repair or upkeep of the access road or utilities necessary or
desirable to preserve the same for its intended use, in which case the party causing
the obstruction shall give reasonable advance notice of same to the other party)
and shall make no use of the Easement Area which is inconsistent with its use as
an access road or for utilities.
7. Indemnification. The parties hereto agree to protect, defend and hold ham -Jess
each other, and their respective successors and assigns, from any liability, loss,
cost, damage and expense (including reasonable attorneys' fees) to each other or
any of their properties arising out of or in any way connected with the acts or
omissions of the parties, their respective employees, agents, tenants, invitee,
licensees, or contractors in their use of the access road or the Easement Area.
8. Binding Effect: This Agreement shall be binding upon the parties hereto, their
respective hens, successors, and assigns and shall include singular, plural,
masculine, feminine or neuter as required by context.
9. Incorporation. All exhibits, plats and surveys referred to herein shall be deemed
to be and hereby are incorporated herein by reference.
10. Counterparts. This Easement may be executed in any number of counterparts,
each of which shall be deemed to be an original, and all of which shall constitute
one and the same agreement.
11. Severability. If any provision of this Easement shall be declared to be
unenforceable, the remaining provisions hereof shall remain in full force and
effect.
12. Successors and Assigns. The term "Grantor" is further defined to include any
guests, invitees, tenants, successors, heirs and assigns of Grantor, and "Grantee"
is further defined to include any guests, invitees, tenants, successors and assigns
of Grantee.
13. Use of the Easement Area By Grantor. Grantor reserves the right to use the
Easement Area to the extent not inconsistent with use of the Easement Area by
Grantee.
The rights and obligations contained in this Agreement shall run with the Benefited
Property and the Encumbered Property and shall be binding upon and inure to the benefit of the
Grantor and Grantee, unless all parties agree in writing to terminate the Easement described
herein.
65401 M

1017
0076
BK:01017 PG:0076
TO HAVE AND TO HOLD the aforesaid easement interests and all privileges and rights
thereunto appertaining, subject to the conditions stated herein unto the Grantee forever.
And Grantor does hereby bind itself to warrant and forever defend all and singular said
premises unto the Grantee against the Grantor and against every person or entity whosoever
lawfully claiming, or to claim, the same or any part thereof.
IN WITNESS WHEREOF, the foregoing instrument has been executed by Grantor and
Grantee, all as of the day and year first above written.
GRANTOR:
r (SEAL)
seph P. Riddle, III
%,�ItWe--A (SEAL)
Trina T. Riddle
STATE OF NORTH CAROLINA
COUNTY OF Cam✓'"'
I, 14" ^ a"�- , a Notary Public for County of
do hereby certify that Joseph P. Riddle, III and wife Trina T. Riddle, personally
appeared before me this day and acknowledged the due execution of the foregoing document.
Witness my hand and official seal, this the n_b1 day of December; 2012.
6540170
RICHARD A GALT
NOTARY PUBLIC
CumberWW County. North Ceroll a
W Commission Expires 12/15015
(Official Seal)
Notary Public
Notary's Printed N e:
My Commission Expires:
(o

1017
0077
GRANTEE:
UNITED DEVEL PINC..
By:
Title: L'
BK:01017 PG:0077
CLUB POND GREEN ASSOCIATES LIMITED PARTNERSHIP
By: Club Pond Gre uggins, LLC, General Partner
By: -
anager
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NORTH CArROLINA
CtiXy (2�ta,, I COUNTY
I, S ntp Q - a: i +N a Notary Public for the O County,
North Carolina, hereby certify that M:ns personally came before
me this day and acknowledged that he is the . ` , 0 . of United Developers, Inc. a NC
corporation, and that he, as C .F Q. being authorized to do so, executed the
foregoing on "tit mpany. WITNESS my hand and official stamp or seal, this I ci s
day of Dece`0i1��9
#OTA/%, .
8 J0 : a
ks###s}kk}
N RTH C %INA
COUNTY
Notary Public
Notary Printed Name: SOUA
My Commission Expires: 3- s
I, S,dcp •,c a Notary Public for these iCounty,
North Carolina, hereby certify that mke.ja. 0 • Ocoy:ns personally came before me this
day and acknowledged that he is the manag�ub Pond Green/Duggins, LLC, General
Partner of Club Pond Green Associates Limited Partnership, a NC limited partnership, and that
he, as manager, being authorized to do so, executed the foregoing on behalf of the company and
the limited parts !> ip. WITNESS my hand and official stamp or seal, this 19 '—day of
6540170
C-�
ARy s, Notary Public
• tj Notary Printed Name: S1n4L
My Commission Expires: 31ar ae,4