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HomeMy WebLinkAboutSW8100203_Historical File_20200629 Johnson, Kelly From: Dick Casey <caseyrj52@aol.com> Sent Monday,June 29, 2020 1:41 PM To: Johnson, Kelly Cc: Hall,Christine Subject:. Re: [External] URGENT: Gracelyn Park HOA(GPHOA) SW8 100203 Ii c urIoN: 1 - - Thanks Kelly On June 29, 2020, at 9:27 AM, "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov>wrote: Mr. Casey, I understand your concerns, and I will leave this on file. When we receive the transfer application we will ensure it is in compliance prior to transfer. Thanks; Kelly KeL4i. ohwsow Kell Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number e-mail corresponaence to and from this address may be subject to tire. North Carolina Public Records Law and may h= aiscosed to third parties From: Dick Casey [mailto:casevri52Paol.com] Sent: Friday,June 26, 2020 1:52 PM 1 • To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Cc: Hall,Christine<Christine.Hall@ncdenr.gov> Subject: Re: [External] URGENT: Gracelyn Park HOA(GPHOA) SW8 100203 Thanks Kelly. A modification to the permit is required, according to everything I know about this. Our HOA is not the holder of the permit. Britt Development is. The permit is supposed to be transferred to the HOA, but we won't be inclined to accept it until it's appropriately modified. Dick Casey On June 26, 2020, at 1:12 PM, "Johnson, Kelly" <kelly.p.lohnson@ncdenr.gov>wrote: Mr.Casey, I skimmed through the information below. It sounds like you all were needing to get a modification? I do not have any personal history with this,as it was done by a coworker who was since retired. We have not received a modification application, if that is what you are asking. Kelly K.eLLt JOhvt,SDv1 Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources "tozmwater Permitting 127 Cardinal Drive Extension Wilmington,;'SIC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 2 From: Dick Casey [mailto:caseyrj52@aol.com] Sent: Friday,June 26, 2020 1:04 PM To:Johnson, Kelly<kellv.p.lohnson@ncdenr.gov> Subject: Re: [External] URGENT: Gracelyn Park HOA(GPHOA) gr.U ION: - - Kelly, It's been seven months since our last correspondence and I'm seeking any update you or someone else can provide regarding SW8 100203. Specifically,the status of any modification to the permit is a concern.Thanks. Dick Casey On November 13, 2019, at 4:02 PM, Dick Casey<casevrj52@aol.com>wrote: Kelly, I'm certainly no expert on the subject, but I'm concerned that there is a house being constructed on a lot that is not covered by any storm water permit. Perhaps I'm worried about nothing, but I don't want our HOA to be held accountable later for something we've attempted to bring forward for resolution. Please let me know who gets assigned to this project. Thanks for your response. Dick Casey On November 13, 2019, at 3:39 PM, "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov>wrote: Mr. Casey, Yes, Linda retired on 11/1. There are many projects that need to be reassigned. I do not know who will be the contact for this if there is something that needs to be done for it. If you would like to make an appointment to come review the file and see the latest that is available please let me know. Thanks, Kelly Original Message From: Dick Casey [mailto:caseyrj52@aol.com] Sent: Wednesday, November 13, 2019 10:22 AM To: dwhaleylaw@hotmail corn <dwhaleylaw@hotmail.com>; Dale Britt<rdbritt@hotmail.com>; Lewis,Linda <Iinda.lewis@ncdenr.gov>; ieffbolduc@kw.com; Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> 3 Cc: grumpygregory50@gmail.com; twaters@michaellincolnpa.com; coalman1947@yahoo.com; forsythex5@gmail.com; David Horney<wdhorney@gmail.com>; mylissamaynard@gmail corn <mylissamaynard@gmail.com>; ctomon@ec.rr.com; alanleary3@gmail.com Subject: Re: [External] URGENT: Gracelyn Park HOA (GPHOA) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> Kelly, I understand you have taken on the issues that Linda Lewis was dealing with prior to her retirement. Please review this email string and any other information you have regarding SW8 100203 and provide me any updates. Thank you. Dick Casey Gracelyn Park HOA Board VP On November 10, 2019, at 6:49 AM, Dick Casey<caseyrj52@aol.com> wrote: Linda, I still haven't seen any correspondence on this subject. I'm concerned that any potential violations involving SW8 100203 could adversely affect the Gracelyn Park HOA or our neighborhood. Please provide me any updated information you have on this issue. Thanks, Dick Casey On September 13, 2019, at 1:54 PM, Dick Casey<caseyrj52@aol.com>wrote: All, As President of the Gracelyn Park HOA Board, I haven't seen any correspondence on this matter since February 19, 2019. I don't know the status of the transfer of SW8 100203 to the HOA. I think it's important to point out that there is currently a house under construction at lot 98A. Based on the previous communications here, I don't believe that the unmodified permit encompasses that lot. Dick Casey On February 19, 2019, at 2:53 PM, Debra Whaley<dwhaleylaw@hotmail.com>wrote: P {margin-top:0;margin-bottom:0;} Thank you Dale for the update! Law Office of Debra Whaley 301 Commerce Ave 4 Morehead City NC 28557 Phone: 252-222-4555 Fax:252-222-4556 FRAUD NOTICE: IF YOU RECEIVE AN EMAIL FROM US OR ANYONE PERTAINING TO YOUR FILE (INCLUDING YOUR REALTOR OR LENDER) CHANGING OR ALTERING DETAILS OR INFORMATION PREVIOUSLY GIVEN, PLEASE VERIFY THE EMAIL ADDRESS AND VERIFY THAT IT DID COME FROM THIS EMAIL, ONE OF THE OFFICE APPROVED EMAILS, OR YOUR REALTOR OR LENDER. THERE IS A SCAM WHEREBY PEOPLE CREATE FAKE EMAILS TO MIRROR EMAILS BUT THEY DO DIFFER IN SOME MINOR WAY. PLEASE CALL OUR OFFICE IF YOU ARE UNSURE IF YOU RECEIVE AN EMAIL WITH INSTRUCTIONS OR INFORMATION THAT DIFFER FROM ONE PREVIOUSLY SENT OR IF YOU ARE UNSURE. OFFICE APPROVED EMAILS ARE AS FOLLOWS: dwhalevlaw@hotmail.com, !isa.whalevlaw@hotmail.com, closings.whaleylaw@gmail.com, titles.whalevlaw@hotmail.com,bavlee.whalevlaw@hotmail.com. Note to Lenders: Due to high closing volume and to be able to provide the best service equally to all clients, we do not accept same day loan packages. For closings under the old HUD regulations, We must receive the loan packages at least one day prior to closing in order to have a closing statement fully prepped and sent to all parties for review and approval! For closings falling under new regulations,we will still need final closing package the day prior to closing to review and prep for closing. We appreciate your assistance in this matter! Thank you for your business! From: Dale Britt<rdbritt@hotmail.com> Sent:Tuesday, February 19, 2019 2:48 PM To: Lewis,Linda; Dick Casey; dwhaleylaw@hotmail corn; ieffbolduc@kw.com Cc: grumpvgregorv50@gmail.com;twaters@michaellincolnpa.com; coalman1947@vahoo.com; forsythex5@gmail.com; David Homey; mylissamaynard@gmail corn; ctomon@ec.rr.com; alanlearv3@gmail.com Subject: Re: [External] URGENT: Gracelyn Park HOA (GPHOA) Regarding my earlier email about Britt Development Company not having any knowledge of the creation of Lot 98-A and as this lot must be included in the modification of Permit SW8 100203 there will obviously be costs associated with this effort. As pointed out by Linda Lewis, and in fairness to all involved, Britt Development still would have to bear the costs of the Storm Water Permit transfer to the HOA ...., so therefore Britt Development will bear the majority of the costs. In saying that it would still be good for the Engineering Firm who last did the Subdivision work for lot's 98-98A to handle the paperwork for the modification and transfer , that firm can determine how to prorate the costs and who should be responsible for what. 5 Please let me know who that Engineer is and I'm happy to coordinate the effort. Thanks, Dale Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdevelopment.com [brittdevelopment.coml From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Tuesday, February 19, 2019 10:38 AM To: Dick Casey; dwhaleylaw@hotmail corn; ieffbolduc@kw.com Cc:grumpygregory50@gmail.com; Dale Britt; twaters@michaellincolnpa.com; coalman1947@vahoo.com; forsythex5@gmail.com; David Homey; mylissamaynard@gmail corn; ctomon@ec.rr.com; alanleary3@gmail.com Subject: RE: [External] URGENT: Gracelyn Park HOA (GPHOA) There is some additional confusion about the lots which are covered by the current SW8 100203 permit. All original 18 lots in Phase 4, Lots 85-102 inclusive are covered by the SW8 100203 permit. The upcoming modification to the SW8 100203 permit will necessarily encompass the original 18 lots plus the newly subdivided Lot 98-A, for a total of 19 lots. The Phase 1-3 permit under SW8 041006 remains unchanged. Linda 6 From: Dick Casey<casevri52@aol.com> Sent: Tuesday, February 19, 2019 10:25 AM To: dwhaleylaw@hotmail corn <dwhalevlaw@hotmail.com>; ieffbolduc@kw.com; Lewis,Linda <linda.lewis@ncdenr.Rov> Cc: grumpvgregory50@gmail.com; Dale Britt<rdbritt@hotmail.com>; twaters@michaellincolnpa.com; coalman1947@yahoo.com; forsvthex5@gmail.com; David Horney<wdhorney@gmail.com>; mylissamaynard@gmail corn <mviissamavnard@gmail.com>; ctomon@ec.rr.com; alanlearv3@gmail.com Subject: Re: [External] URGENT: Gracelyn Park HOA (GPHOA) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.Rov I can't speak for the HOA Board without consulting them, but my sense is the HOA would not object to the larger lots having more than 5000 sf BUA as long as it meets the low density requirements. Jeff,the HOA is not the permit holder for the storm water permit covering lots 97, 98 and 98A. Dick On February 19, 2019, at 9:38 AM, Debra Whaley<dwhalevlaw&otmail.com>wrote: To all, Just my input on the latest emails: It would make sense that if the original permit allowed for greater BUA on Lots 97 and 98 due to their size, to continue to allow the greater BUA for these lots. This would be the assurance that the buyer needs regarding his need to build the additional 800 sq ft addition to the home without issues with the BUA. Thank you, Debra Law Office of Debra Whaley 301 Commerce Ave Morehead City NC 28557 Phone: 252-222-4555 Fax:252-222-4556 • FRAUD NOTICE: IF YOU RECEIVE AN EMAIL FROM US OR ANYONE PERTAINING TO YOUR FILE (INCLUDING YOUR REALTOR OR LENDER) CHANGING OR ALTERING DETAILS OR INFORMATION PREVIOUSLY GIVEN, PLEASE VERIFY THE EMAIL ADDRESS AND VERIFY THAT IT DID COME FROM THIS EMAIL, ONE OF THE OFFICE APPROVED EMAILS, OR YOUR REALTOR OR LENDER. THERE IS A SCAM WHEREBY PEOPLE CREATE FAKE EMAILS TO MIRROR EMAILS BUT THEY DO DIFFER IN SOME MINOR WAY. PLEASE CALL OUR OFFICE IF YOU ARE UNSURE IF YOU RECEIVE AN EMAIL WITH INSTRUCTIONS OR INFORMATION THAT DIFFER FROM ONE PREVIOUSLY SENT OR IF YOU ARE UNSURE. OFFICE APPROVED EMAILS ARE AS FOLLOWS: dwhaleylaw@hotmail.com, lisa.whaleylaw@hotmail.com, closings.whaleylaw@gmail.com, titles.whaleylaw@hotmail.com,baylee.whaleylaw@hotmail.com. Note to Lenders: Due to high closing volume and to be able to provide the best service equally to all clients, we do not accept same day loan packages. For closings under the old HUD regulations, We must receive the loan packages at least one day prior to closing in order to have a closing statement fully prepped and sent to all parties for review and approval! For closings falling under new regulations, we will still need final closing package the day prior to closing to review and prep for closing. We appreciate your assistance in this matter! Thank you for your business! From: Jeff Bolduc<jeffbolduc@kw.com> Sent: Tuesday, February 19, 2019 9:25 AM To: Lewis,Linda Cc: Debra Whaley; Dick Casey; Daniel Gregory; Dale Britt; twaters@michaellincolnpa.com; dwahlevlaw@hotmail.com; coalman1947@vahoo.com; forsythex5@gmail.com; David Homey; mylissamaynard@gmail corn; ctomon@ec.rr.com; alanlearv3@gmail.com Subject: Re: [External] URGENT: Gracelyn Park HOA (GPHOA) Linda, Thank you for the response. I believe the HOA is the permit holder in this case so this decision would reside with them correct? Dick, If this decision does reside with the HOA and based on our previous discussions and clarification that Linda has provided below. It would seem to me that allocating additional BUA to these larger lots would make the most sense to maintain consistent density throughout the subdivision as well as achieve highest and best use of the land. In addition this will translate to increasing future property value for these lots (This addition the Buyers desire to build will increase market value). Would you agree? 8 God bless,Jeff Jeff Bolduc REALTOR®/Broker Keller Williams Crystal Coast LtCol, USMC (Ret) Cell: (252)723-6595 Email: ieffbolduc@kw.com Website: ieffbolduc.kw.com fieffbolduc.kw.coml To view homes ANYWHERE from your mobile device please download our free KW App from this link: http://app.kw.com/KW2VNGWQG f app.kw.coml On Feb 19, 2019, at 09:07, Lewis,Linda <linda.lewis@ncdenr.gov>wrote: All: The ability to construct an additional 800 sf of BUA on Lot 98 is not something that I can guarantee - it will depend on how the permit is modified and how much BUA gets assigned to Lot 98. The original permit allowed for a significant amount of BUA for Lots 97 and 98 since they are so large. If it is agreed that each of the 19 lots will only have 5000 sf.then the owners of Lots 98 and 98-A need to decide if that is sufficient to meet their needs. If it is not, then perhaps those lots should be given more BUA, or if that is perceived as unfair by the other lots,there is sufficient BUA available to increase the BUA on all the lots. It would appear that the future owners are seeking assurances that the permit will be modified to give them sufficient BUA, which I cannot provide. That would necessarily come from the permit holder, since the permit holder will be seeking to modify the permit. Based on the original calculations, there is 838,966 sf of project area (including Lots 97, 98 and 98-A), so at 9 • 30% maximum density,there is 251,690 sf of BUA to be built. The road takes up 33,541 sf, leaving 218,149 sf to be divided among 19 lots, which is around 11,480 sf per lot. To avoid creating areas of higher density, the Division routinely recommends giving the larger lots more BUA, and keeping the BUA on the smaller lots to a reasonable level. DEMLR does not dictate how much BUA to assign to the lots as long as it meets the low density requirements and doesn't result in areas of higher density. The current permit assigns BUA limits to 14 of the lots that is somewhat less than 5000 sf. Only Lots 87, 97, 98 and 99 have in excess of 5000 sf under the permit. If you want to change those limits, we'll need to modify the permit and then the HOA will have to approve an amendment to the covenants to change the BUA limits, and get it recorded. Linda From: Jeff Bolduc<Ieffbolduc@kw.com> Sent: Monday, February 18, 2019 10:20 PM To: Debra Whaley<dwhaleylaw@hotmail.com>; Lewis,Linda <linda.lewis@ncdenr.gov>; Dick Casey <casevrl52@aol.com> Cc: Daniel Gregory<grumpygregorv50@gmail.com>; Dale Britt<rdbritt@hotmail.com>; twaters@michaellincolnpa.com; dwahleylaw@hotmail.com; coalman1947@yahoo.com; forsythex5@gmail.com; David Horney<wdhorney@gmail.com>; mylissamaynard@gmail corn <mylissamavnard@gmail.com>; ctomon@ec.rr.com; alanleary3@gmail.com Subject: [External] URGENT: Gracelyn Park HOA (GPHOA) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Linda/All, I apologize for the late email. Just wanted to request a response as early as possible tomorrow due to the additional costs and difficulties for both parties involved if we are unable to close as scheduled on Wednesday. Per Debra Whaley's comments below, the Buyers desire written confirmation that they will be able to build a 800sgft addition to the property sometime in the near future after closing. Understanding from Linda's email sent explaining the storm water permit and BUA is that this future addition would not be an issue, however the Buyers are asking for confirmation. I also wanted to make all parties aware that I will be traveling tomorrow (Tuesday) and not have access to • io email and phone while flying. Please cc all on any responses to not hold things up with my limited connectivity. Thank you all for your diligence and efforts! God bless,Jeff Please review links below my signature line to learn what roles NC Real Estate Agents play and info on wire fraud. <image001.png> Please click here to review the NC"Working with Real Estate Agents" Brochure. To view homes ANYWHERE from your mobile device, download our FREE app HERE!! IMPORTANT MESSAGE: Never trust wiring instructions sent via email.. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions.These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double checking that the wiring instructions are correct. On Feb 18, 2019, at 2:07 PM, Debra Whaley<dwhaleylaw@hotmail.com> wrote: Good afternoon everyone, I am out of the office and following emails when I can from my meeting. I am working from my phone so I hope ! have included everyone on the reply. I have not seen the new buyers included on any of the emails so I was not sure if the selling parties had a discussion with the buyers via their agents and if they as the prospective new owners were on board for this • most recent change in the proposals. The buyers were potentially on board when they thought exemptions to the covenants were going to be in place as proposed in the original email by Dale Britt. The emails today are quite different from what the buyers were told would be the case. Also just a reminder to my knowledge, these Lots are not and have never been part of the existing Gracelyn Park unless there are filed documents that I am not aware of. I saw in the chain of emails a statement that these lots have always been and will continue to be part of Gracelyn Park. However to my knowledge they were never annexed in and the amendment in Book 1524 Page 85 says they were never meant to be a part of the subdivision and were excluded from he annexation filings. I do not see where anything was filed to change this on the Register of Deeds. I bring it up just to make sure everyone is on the same page regarding the lots. Does anyone have the paperwork from Linda Lewis showing the built upon area for Lot 98 per the existing stormwater permit? I am not in the office near the file so I am not sure if this information has already been shared or not. I would imagine this has changed or will need to change with Lot 98 becoming Lot 98 and Lot 98A. Obviously of concern would be any changes to the bua that would effect existing structures or additions the prospective buyer would possibly be interested in adding. Before the buyers move forward with closing, we just want to make sure all the information is given to them to make the decision.This is a big change of circumstance from when they entered the offer to purchase believing this property was not part of a homeowners association. Thank you, Debra Law Office of Debra Whaley 301 Commerce Ave Morehead City NC 28557 Phone: 252-222-4555 Fax:252-222-4556 FRAUD NOTICE: IF YOU RECEIVE AN EMAIL FROM US OR ANYONE PERTAINING TO YOUR FILE (INCLUDING YOUR REALTOR OR LENDER) CHANGING OR ALTERING DETAILS OR INFORMATION PREVIOUSLY GIVEN, PLEASE VERIFY THE EMAIL ADDRESS AND VERIFY THAT IT DID COME FROM THIS EMAIL, ONE OF THE OFFICE APPROVED EMAILS, OR YOUR REALTOR OR LENDER. THERE IS A SCAM WHEREBY PEOPLE CREATE FAKE EMAILS TO MIRROR EMAILS BUT THEY DO DIFFER IN SOME MINOR WAY. PLEASE CALL OUR OFFICE IF YOU ARE UNSURE IF YOU RECEIVE AN EMAIL WITH INSTRUCTIONS OR INFORMATION THAT DIFFER FROM ONE PREVIOUSLY SENT OR IF YOU ARE UNSURE. OFFICE APPROVED EMAILS ARE AS FOLLOWS: 12 dwhaleylaw@hotmail.com, lisa.whaleylaw@hotmail.com, closings.whalevlaw@gmail.com, titles.whalevlaw@hotmail.com,bavlee.whaleylaw@hotmail.com. Note to Lenders: Due to high closing volume and to be able to provide the best service equally to all clients, we do not accept same day loan packages. For closings under the old HUD regulations, We must receive the loan packages at least one day prior to closing in order to have a closing statement fully prepped and sent to all parties for review and approval! For closings falling under new regulations, we will still need final closing package the day prior to closing to review and prep for closing. We appreciate your assistance in this matter! Thank you for your business! From: Daniel Gregory<grumpygregory50@gmail.com> Sent: Monday, February 18, 2019 1:26 PM To: Dick Casey Cc: Dale Britt; twaters@michaellincolnpa.com; dwahlevlaw@hotmail.com; jeffbolduc@kw.com; coalman1947@vahoo.com; forsvthex5@gmail.com; David Homey; iohn@harrislaw.com; Linda Lewis; mylissamaynard@gmail corn; ctomon@ec.rr.com; alanlearv3@gmail.com; dwhaleylaw@hotmail corn Subject: Re: Gracelyn Park HOA (GPHOA) Dear all, Thank you all for your help with this matter. We the owners of lots 97, 98 & 98A are all in agreement to accept the HOA proposal.The other owners are having computer trouble, however, I have shared the current emails with them.Thank you! Daniel and Debra Gregory On Mon, Feb 18, 2019 at 12:34 PM Dick Casey<casevri52@aol.com>wrote: Thanks Dale. Dick On February 18, 2019, at 12:12 PM, Dale Britt<rdbritt@hotmail.com>wrote: Dick , thanks for acting so quickly in getting the Board together and reaching a compromise. 13 Personally I do think that your suggestions are fair to all concerned and hopefully the owners of lot's 97-98- 98A will agree. Once we have an agreement by all we can set into motion the necessary documentation that needs to be prepared. Many thanks, Dale Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdevelopment.com jbrittdevelopment.coml From: caseyrj52@aol.com <casevrj52@aol.com> Sent: Monday, February 18, 2019 11:57 AM To: rdbritt@hotmail.com Cc: twaters@michaellincolnpa.com; dwahlevlaw@hotmail.com; jeffbolduc@kw.com; coalman1947@yahoo.com; forsvthex5@gmail.com; grumpygregory50@gmail.com; wdhornev@gmail.com; john@harrislaw.com; linda.lewis@ncdenr.gov; mylissamavnard@gmail.com; ctomon@ec.rr.com; alanleary3@gmail.com Subject: Gracelyn Park HOA (GPHOA) Dale, This email is in response to your email of February 15, 2019 sent on the GPHOA gmail account. I appreciate the time and effort you've spent in an effort to resolve the issue of the GP Phase IV storm water permit and the 14 Lewis,Linda SGvi/CZU 3 From: Dale Britt <rdbritt@hotmail.com> Sent: Monday, February 18, 2019 1:31 PM To: Daniel Gregory; Dick Casey Cc: twaters@michaellincolnpa.com; dwahleylaw@hotmail.com;jeffbolduc@kw.com; coalman1947@yahoo.com; forsythex5@gmail.com; David Horney;john@harrislaw.com; Lewis,Linda; mylissamaynard@gmail corn; ctomon@ec.rr.com; alanleary3@gmail.com; dwhhleylaw@hotmail corn Subject: [External] Re: Gracelyn Park HOA (GPHOA) ICAUTfO !,External email. Do not click links or open attachments unless you verify.Send all suspicious errtaH as an attachment to Great Thanks Mr. Gregory , Debra what would the next steps be for the lot owners and HOA? After that is resolved we can start the Stormwater Permit Transfer process under the direction of Ms. Lewis. Congratulations to All :))) Dale Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdevelopment.com From: Daniel Gregory<grumpygregory50@gmail.com> Sent: Monday, February 18, 2019 1:26 PM To: Dick Casey Cc: Dale Britt;twaters@michaellincolnpa.com; dwahleylaw@hotmail.com;jeffbolduc@kw.com; coalman1947@yahoo.com; forsythex5@gmail.com; David Homey;john@harrislaw.com; Linda Lewis; mylissamaynard@grnaii corn; ctomon@ec.rr.com; aianieary3@gmaii.com; dwhaieyiaw@hotmail corn Subject: Re: Gracelyn Park HOA(GPHOA) Dear all, Thank you all for your help with this matter. We the owners of lots 97, 98& 98A are all in agreement to accept the HOA proposal.The other owners are having computer trouble, however, I have shared the current emails with them. Thank you! Daniel and Debra Gregory On Mon, Feb 18, 2019 at 12:34 PM Dick Casey<caseyrj52@aol.com>wrote: Thanks Dale. Dick On February 18, 2019, at 12:12 PM, Dale Britt<rdbritt@hotmail.com>wrote: Dick , thanks for acting so quickly in getting the Board together and reaching a compromise. Personally I do think that your suggestions are fair to all concerned and hopefully the owners of lot's 97-98-98A will agree. Once we have an agreement by all we can set into motion the necessary documentation that needs to be prepared. Many thanks, Dale Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdevelopment.com From: caseyrj52@aol.com <caseyrj52@aol.com> Sent: Monday, February 18, 2019 11:57 AM To: rdbrittPhotmail.com Cc:twaters@michaellincolnpa.com; dwahleylaw@hotmail.com; ieffbolduc@kw.com; coalman1947c yahoo.com; forsythex5@grnail.com;grumpygregory50@gmail.com; wdhorney@gmail.com; john@harrislaw.com; linda.lewis@ncdenr.gov; mylissamaynard@gmail.com; ctomon@ec.rr.com; alanleary3@gmail.com Subject: Gracelyn Park HOA(GPHOA) Dale, 2 Lewis,Linda From: caseyrj52@aol.com Sent: Monday, February 18, 2019 11:58 AM To: rdbritt@hotmail.com Cc: twaters@michaellincolnpa.com; dwahleylaw@hotmail.com;jeffbolduc@kw.com; coalman1947@yahoo.com; forsythex5@gmail.com; grumpygregory50@gmail.com; wdhorney@gmail.com;john@harrislaw.com; Lewis,Linda; mylissamaynard@gmail.com; ctomon@ec.rr.com; alanleary3@gmail.com Subject: [External] Gracelyn Park HOA (GPHOA) •uTtOr External email. Do not click links or open attachments unless you verify.Send ail suspicious email as an attachment to Dale, This email is in response to your email of February 15, 2019 sent on the GPHOA gmail account. I appreciate the time and effort you've spent in an effort to resolve the issue of the GP Phase IV storm water permit and the status of lots 97, 98 and 98A. As you requested, the GPHOA Board of Directors met last night to review your proposal. We have determined that your proposal is not entirely acceptable to the GPHOA. We agree that lots 97, 98 and 98A should pay dues for the current year and beyond and for the prior years 2017 and 2018. We don't believe it would be fair to the owners to pay additional past-due assessments or penalties as they were apparently misinformed as to their HOA status. As we've previously stated, those lots have aiways been and will continue to be a part of Gracelyn Park and the GPHOA. We can not allow any exceptions to the Restrictive Covenants, especially Article Seven, which is critically important to the viability of the community. We understand the owners' apprehension about the HOA requiring changes to existing improvements to the lots. We will not ask for any changes to existing structures. However, the Architectural Committee would eventually like to document the improvements made to date so that future Boards will not question their validity. All future improvements, including the home on lot 98A, will need to comply with the Covenants; and those mandated by the Covenants will need to be installed within a reasonable time, except for the placement of sod at lot 98. The front lawn at lot 98 appears to be maintained in an acceptable manner. The two other lots will require sod, but in the front yards only, While the Board doesn't claim any expertise in the area of storm water permits or BUA, we are concerned about the possible shared BUA maximum limit at lots 98 and 98A based on previous comments from Linda Lewis. In the future, the HOA Architectural Committee will include a reminder to owners requesting approval for improvements to ensure they comply with BUA limits when applicable. Our purpose is to preserve the viability of our community through the enforcement of our Restrictive Covenant provisions. Again, we appreciate your efforts to facilitate this process and hope that a solution to the storm water permit issue that is fair and acceptable to all parties can be reached. Dick Casey GPHOA Board President 1 Lewis,Linda From: Dick Casey <caseyrj52@aol.com> Sent: Saturday,January 05, 2019 4:28 PM To: Dale Britt; Lewis,Linda Cc: David Homey;John Harris; mylissamaynard@gmail corn; ctomon@ec.rr.com Subject: Re: [External] Park Meadows Gracelyn Park SW8 100203 Exteroal email. Do not click Inks or open attachments kinless you verified.Send all suspicious email as an attachment to Dale, I was finally able to discuss this with our HOA Board and our attorney. I apologize that it took this long to get back to you. The core issue is whether or not lots 97, 98 and 98A are part of Gracelyn Park IV and the GP HOA. We believe that they are, as our attorney has communicated to you. The two options you propose in your November 14th email below are nonstarters.The first suggests that lots 97, 98 and 98A be removed from the existing permit.Since those lots are a part of our subdivision,that would not be acceptable to the HOA.Also, as Ms Lewis points out,the loss of nearly seven acres of property area would have a profound effect on the maximum allowable BUA limit for the remaining lots.The second option proposes that the lots join the HOA and the existing permit remain intact. Again,we maintain that the lots are already part of the HOA. Further, NCDEQ has stated that the existing permit must be modified in any case due to noncompliance,so that option is also unacceptable. We suggest a third option based on scenario 2 described by Ms Lewis in her November 14th email below. Lots 97, 98 and 98A should acknowledge their membership in the HOA and the existing permit should be modified to account for lot 98A. This option will include a compromise provision that lots 97 and 98 pay delinquent dues, but only fo.r the last two years, and with no penalty. Lot 98A will be excused from paying any unpaid dues.All three lots will pay required dues and assessments going forward and comply with the HOA restrictive covenants. It is unacceptable to the HOA to exclude lots 97,98 and 98A from the project area. Our position remains that those lots are a part of Gracelyn Park and, in the case of lots 97 and 98, have been members of our HOA since approval of the Gracelyn Park IV final plat. Court-filed documents and the fact that they are part of the existing permit support this. While we contend that the subdivision of lot 98 was improper and a direct violation of our covenants, neither you nor the HOA was responsible.Therefore, lot 98A should be included in any action taken now and in the future. We appreciate your efforts in communicating with the property owners of lots 97, 98 and 98A. We believe we have presented a fair and reasonable solution that should satisfy the state,you and the HOA. Dick Casey Gracelyn Park HOA Board President On December 12, 2018, at 3:55 PM, Dale Britt<rdbritt@hotmail.com>wrote: Okay thanks Dick , I'm standing by. Date Dale Britt Britt Development Company PO Box 235 i Lewis,Linda sA)3/CX1 205 From: Dale Britt <rdbritt@hotmail.com> Sent: Wednesday, November 14, 2018 7:16 AM To: caseyrj52@aol.com Cc: David Homey; Lewis,Linda;John Harris Subject: [External] Park Meadows CAUTION.External email.Do not click links or open attachments unless verified.Send all suspicious email a111111111110110 Good Morning Dick , I met with a couple of the lot 97-98 property owners yesterday to discuss our options for the Storm Water Permit transfer from Britt Development Company to the Gracelyn Park Home Owners Association. The first being to apply for a new Permit that will only include lot's 97-98 plus the newly subdivided lot and exclude those lots from the existing Permit. With removal of these two lots from the existing Permit it appears that the BOA percentage should still surpass the pervious requirements. The second option would be for the property owners of lots 98-98 and the new lot to become members of the SPi- OA and leave the existing Permit intact. Mr. and Mrs. Smith indicated that they would be willing to join the GPHOA with a fresh start , paying GPHOA dues beginning 2019 without any requirement to pay dues from previous years. The new lot owner indicated that he and his wife are in agreement with that scenario as well. Mr. Smith did say that the Gregory's would probably not be as agreeable, however they are in the process of selling their home. I did not meet with the Gregory's but if these terms are acceptable to the GPHOA, I am happy to speak with the Gregory's to try and work this out. The Smith's did tell me that they would have been willing to consider this option when they first built and moved in however no one from the HOA communicated with them and the first correspondence that they received was from the HOA's attorney , which of course was very uncomfortable for them and put them on the defensive. I have communicated with Derrick Smith of the Wooten Group regarding a new permit application if needed but will hold up on that action until I hear back from you. Many thanks, Lewis,Linda From: Lewis,Linda Sent: Wednesday, November 14, 2018 10:06 AM To: 'Dale Britt'; caseyrj52@aol.com Cc: David Homey;John Harris Subject: RE: [External] Park Meadows Gracelyn Park SW8 100203 Mr. Britt, et.ai: The SW8 100203 Gracelyn Park permit has to be modified under any of the scenarios below: 1. If Lots 97 and 98 elect to obtain separate stormwater permits, then the Gracelyn Park permit needs to be modified to reflect that loss of project area. 2. If Lots 97 and 98 elect to be members of the HOA, and if either Lot 97 or Lot 98 has further subdivided into two or more lots, then the Gracelyn Park permit has to be modified to account for the additional lot(s) and to reallocate BUA to the additional lot(s). 3. The deed restriction issue. If you will recall, you made the 18 Phase 4 lots subject to the same 5,000 sf BUA limit as is set forth for Phases 1-3 under SW8 041006, including Lots 97 and 98. The consultant has provided a preliminary revised density calculation for Phase 4 under the assumption that Lots 97 and 98 were removed from the project area, and has demonstrated that if all of the remaining 16 lots have 5,000 sf, low density is still preserved, but the permit has not yet been modified. If Lots 97 and 98 elect to be members of the HOA and have not been further subdivided, then the permit will still need to be modified to deal with the 5,000 sf per lot issue. The recorded deed restrictions will need to be amended to either reflect the BUA limits in the permit, or the permit will need to be modified to propose new BUA limits for however many lots will be in Phase 4. The fact that Lots 97 and 98 were removed from the subdivision, and currently have no recorded BUA limits is one of the compliance issues DEMLR noted that needs to be resolved. Separate low density permits for Lots 97 and 98 would necessarily require recorded deed restrictions with BUA limits, piping limits, etc. For single lots, those restrictions would need to be placed into the deed itself, or the deed has to reference the permit number in perpetuity, so as to appear in the chain of title for all subsequent lot owners. Is the name of the Phase IV subdivision permitted under SW8 100203 being changed to Park Meadows? If so, please submit a perrnit information update form to the Division so that we can change the project name on our database. Linda From: Dale Britt<rdbritt@hotmail.com> Sent: Wednesday, November 14, 2018 7:16 AM To: caseyrj52@aol.com Cc: David Horney<wdhorney@gmail.com>; Lewis,Linda <linda.lewis@ncdenr.gov>;John Harris<john@harrislaw.net> Subject: [External] Park Meadows i External email.Do not click links or open attachments unless verified.Send ail suspicious email as an attechmen .r I.F. • Good Morning Dick , I met with a couple of the lot 97-98 property owners yesterday to discuss our options for the Storm Water Permit transfer from Britt Development Company to the Gracelyn Park Home Owners Association. The first being to apply for a new Permit that will only include lot's 97-98 plus the newly subdivided lot and exclude those lots from the existing Permit. With removal of these two lots from the existing Permit it appears that the BOA percentage should still surpass the pervious requirements. The second option would be for the property owners of lots 98-98 and the new lot to become members of the GPHOA and leave the existing Permit intact. Mr. and Mrs. Smith indicated that they would be willing to join the GPHOA with a fresh start , paying GPHOA dues beginning 2019 without any requirement to pay dues from previous years. The new lot owner indicated that he and his wife are in agreement with that scenario as well. Mr. Smith did say that the Gregory's would probably not be as agreeable, however they are in the process of selling their home. I did not meet with the rregory's but if these terms are acceptable to the GPHOA, I am happy to speak with the Gregory's to try and work this out. The Smith's did tell me that they would have been willing to consider this option when they first built and moved in however no one from the HOA communicated with them and the first correspondence that they received was from the HOA's attorney , which of course was very uncomfortable for them and put them on the defensive. I have communicated with Derrick Smith of the Wooten Group regarding a new permit application if needed but will hold up on that action until I hear back from you. Many thanks, Dale Dale Britt Britt Development Company PO Box 235 2 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdeveioprnent.com Virus-free. 3 Lewis,Linda From: Lewis,Linda Sent: Thursday,August 09, 2018 8:57 AM To: 'Dale Britt' Cc: Derrick Smith; Liz Horne;John Harris; gracelynparkhoa@gmail.com; Scott, Georgette Subject: RE: [External] RE: Gracelyn Park Phase IV, SW8 100203 Mr. Britt: The Division's main compliance issue is not with who owns the permit, but the fact that the recorded covenants for Phase IV do not match the permit and the fact that the 2 larger lots (97 and 98) covered by this permit were not made subject to any recorded deed restriction, and that one of those lots has apparently been subdivided into two or more lots. You must still address and reso!ve the following: 1. The fact that you subjected Phase IV of the subdivision to the same set of restrictive covenants as Phases 1-3. The permit for Phases 1-3 allowed 5000 square feet per lot, but the permit for Phase IV specified individual BUA amounts that are much less than 5000 sf, which puts this low density permit at risk; 2. The fact that if Lots 97 and 98 are removed from the project area, reducing the amount of project area, the amount of built-upon area available for the remaining lots has also been reduced; 3. If lots 97 and 98 are to stay in the subdivision, they must be made subject to the permitted maximum BUA limits; 4. If Lots 97 or 98 are to stay in the subdivision, you must account for any further subdivision of those lots into 2 or more lots that has occurred, as part of the modification. You have three options: 1) you can modify the Phase IV permit to allow 5000 sf per lot, assuming that this will not cause the project to go over the 24% low density BUA limit for Phase IV; 2) you can modify the Phase IV permit to high density and provide a stormwater control measure; or, 3) you can amend the restrictive covenants to reflect the current maximum BUA limit for each lot as specified in the Phase IV permit. ?1010.c.ihat•. Please let me know which option you are going to go with by member 9, 2018 and provide a plan of action with specific dates to accomplish the necessary modification or amendment. Thanks, Linda From: Dale Britt [mailto:rdbritt@hotmail.com] Sent:Thursday, August 09, 2018 7:34 AM To: Lewis,Linda<linda.lewis@ncdenr.gov> Cc: Derrick Smith <dsmith@thewootencompany.com>; Liz Horne<liz@harrislaw.net>;John Harris <john@harrislaw.net>;gracelynparkhoa@gmail.com Subject: Re: [External] RE: Gracelyn Park Phase IV,SW8 100203 1 CAU al email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to •rt ..m. Good Morning Ms Lewis , I have decided to leave the Permit under Britt Development Company. Many thanks for your help, Dale Sent from my iPad On Aug 8, 2018, at 5:00 PM, Lewis,Linda <linda.lewis@ncdenr.gov>wrote: Mr. Britt: Has there been any progress regarding the permit modification for the subject project? The more time that goes by, the more difficult it will be to restore the project to a compliant status. Let me know if you have any questions. Thanks, Linda Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewist ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 <image002.png> Email cU`t",'e8f r dence to 8; ,, •- s add'•E' Noriti Carolina Public Reco7 .`.' and rn,y r ., ), : From: Lewis,Linda Sent: Friday, April 13, 2018 8:50 AM To: 'Dale Britt' <rdbritt@hotmail.com>; Derrick Smith<dsmith@thewootencompanv.com> Cc: Liz Horne<liz@harrislaw.net>; 'John Harris'<iohn@harrislaw.net>;gracelvnparkhoa@gmail.com; David Horney<wdhornev@gmail.com> Subject: RE: [Externall RE: Gracelyn Park Phase IV,SW8 100203 Here's a copy of the permit and the supporting application documents. Linda 2 Lewis,Linda From: Lewis,Linda Sent: Friday, April 13, 2018 3:47 PM To: 'Derrick Smith'; Dale Britt Cc: Liz Horne; 'John Harris'; gracelynparkhpa@gmail.com; David Horney Subject: RE: [External] RE: Gracelyn Park Phase IV, SW8 100203 Derrick: Yes, this type of calculation would accompany an application to revise the current permit. Linda From: Derrick Smith [mailto:dsmith@thewootencompany.com] Sent: Friday,April 13, 2018 3:11 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Dale Britt<rdbritt@hotmail.com> Cc: Liz Horne<liz@harrislaw.net>; 'John Harris' <john@harrislaw.net>;gracelynparkhoa@gmail.com; David Horney <wdhorney@gmail.com> Subject: RE: [External] RE: Gracelyn Park Phase IV,SW8 100203 CAUTI• External email Do not r tck Inks or open attichrnents tirdesi «i%hi Sod a91:susp4Jnr4spm as an attachment to Thanks Linda Is this something like what you're looking for? Derrick C. Smith, PE, NCLID Greenville Regional Manager/Project Manager The Wooten Company 301 West 14th St-eet G een4,; ,NC 27834 252.757.1095 Fax 252.757.3221 www.thewootencompany.com yy THE WOOTEN COMPANY From: Lewis,Linda [mailto:linda.lewis(alncdenr.gov] Sent: Friday, April 13, 2018 8:51 AM To: Dale Britt; Derrick Smith Cc: Liz Horne; 'John Harris'; gracelynparkhoa@ cmail.com; David Horney Subject: RE: [External] RE: Gracelyn Park Phase IV, SW8 100203 Here's a copy of the permit and the supporting application documents. Linda i From: Dale Britt [mailto:rdbritt@hotmail.com] Sent: Thursday, April 12, 2018 10:18 AM To: Derrick Smith<dsmithi thewootencompany.com>; Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Liz Horne<liz@harrislaw.net>; 'John Harris'<johnPharrislaw.net>;gracelynparkhoa@Rrnail.com; David Horney <wdhornev@i;mail.com> Subject: Re: [External] RE: Gracelyn Park Phase IV, SW8 100203 External email.Do not click'un or openattattu nts unless verified,.end ail suspicious email as an attachment co Thanks Derrick , I do not however maybe Ms. Lewis would have a copy if needed ? Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 www.brittdeveiopmentcom From: Derrick Smith<dsmith@thewootencompany.com> Sent:Thursday, April 12, 2018 10:00 AM To: Dale Britt; Lewis,Linda Cc: Liz Horne; 'John Harris';gracelynparkhoa@gmail.com; David Horney Subject: RE: [External] RE: Gracelyn Park Phase IV,SW8 100203 Do you have a copy of the application with supporting calculations that you can send me? I may have them in my home office which I can look for this evening. Derrick C. Smith, PE, NCLID Greenville Regional Manager/Project Manager 'The!'.'oct&^Coma;iy {�1 S`'iost 141^StierE4 Gr nr:'ille, NO 27F34 252.757.1096 Fa&252.;57.3221 www.th ewoo to n co m e a n y,co m Tyi l iE WOOTEN COMPANY 2 Gracelyn Park Phase IV Total BUA for non-uniform Lot size: Original Site Area= 838,965 sf Area of Lots 97 &98= 300,026 sf Revised Site Area = 538,939 sf Road Area = 33,541 sf Density Factor= 24% Total Allowable lot BUA= 95,804.36 sf Lot No. Total Lot Area Allowable BUA(24%) Min.Covenants acre sf acre sf sf 85 0.42 18,295 0.10 4,391 5,000 86 0.45 19,602 0.11 4,704 5,000 87 0.71 30,928 0.17 7,423 5,000 88 0.46 20,038 0.11 4,809 5,000 89 0.36 15,682 0.09 3,764 5,000 90 0.34 14,810 0.08 3,554 5,000 91 0.34 14,810 0.08 3,554 5,000 92 0.34 14,810 0.08 3,554 5,000 93 0.34 14,810 0.08 3,554 5,000 94 0.34 14,810 0.08 3,554 5,000 95 0.34 14,810 0.08 3,554 5,000 96 0.37 16,117 0.09 3,868 5,000 99 0.61 26,572 0.15 6,377 5,000 100 0.39 16,988 0.09 4,077 5,000 101 0.38 16,553 0.09 3,973 5,000 102 0.42 18,295 0.10 4,391 5,000 Total 69,104 80,000 ok ok Lewis,Linda From: Lewis,Linda Sent: Friday,April 06, 2018 9:32 AM To: 'Dale Britt' Subject: Project Certification SW8 100203 Gracelyn Park IV Mr. Britt: Section 11.13 of the permit indicates, in part, that "The permittee must certify in writing that the project's stormwater controls and impervious surfaces have been constructed within substantial intent of the approved plans and specifications..." Because the project is low density, the permit holder is allowed to provide this certification, or the permit holder can have the developer provide the certification, or the permit holder can hire a registered surveyor to provide the certification. The certification for this 2008 rules project would cover the following items: 1. That the deed restrictions were recorded with the necessary language and BUA limits. 2. That a copy of the recorded deed restrictions has been submitted to the Division. 3. That the proposed construction on every lot has been reviewed to assure that the lot has not exceeded the permitted maximum BUA limit. (This is NOT the responsibility of the building inspections department.) Once the HOA takes over the permit, it will be the HOA's responsiuiiiiy to ensure compliance with the BUA limit, as stipulated in Condition 11.3 of the permit. 4. That the permitted curb outlet swale (located between Lots 99 & 100) has been installed and is being maintained with a dense vegetated cover, and is a minimum of 100' long and has 5:1 or flatter side slopes. Piping of vegetated swales and ditches is prohibited under low density. 5. That the necessary drainage easements and rights-of-way have been shown on the recorded plat. 6. That the road has been graded and constructed as per the approved plans and details. The approved plan details indicate that the road is 28 feet wide, from back of curb to back of curb (BC-BC) and has no sidewalks. The little "eyebrow" road called Edgewood Circle on our plans has a pavement radius of 39 feet and the cul-de-sac at the end of Edgewood Avenue has a pavement radius of 44 feet to the back of curb. Proposed grading for the road is shown on Sheet C2.1 of the approved plans in the profile view. The high points are located at the cul-de- sac and at the point where Edgewood Avenue leaves Phase II of Gracelyn Park and enters Phase IV. The only low point is between Lots 99 and 100 at the curb outlet swale. I can send you a form with this information for you to complete, sign and notarize, or you can simply copy these requirements down and indicate how you have provided and/or addressed them, sign and notarize. You will not be able to provide this certification until after the permit is modified to address the reduction of project area (i.e., removing the area of Lot 98-A) and to assign a maximum BUA limit of 5000 sf as is currently recorded for the lots. Once the permit is modified, and assuming all else is in compliance, then you should be able to check off the boxes for certification, and start the process of transferring the permit to the HOA. i Linda Lewis, E.I. Environmental Engineer Ill Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisan,den r.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 • J 2 Lewis,Linda From: Lewis,Linda Sent: Friday,April 06, 2018 12:13 PM To: 'Liz Horne'; 'John Harris' Cc: 'Dale Britt' Subject: FW: [External] RE:Gracelyn Park Phase IV, SW8 100203 All: After some additional research, I found the following documents which had been recorded by Carolina Eastern Homes, LLC which annexed the 18 Phase IV lots into the subdivision and made them all subject to the recorded deed restrictions in DB 1155 at PG 253: October 31, 2011 - Lot 94 in DB1390 at PG 200 March 14, 2012 — Lots 93, 95 & 96 in DB 1402 at PG 366 June 13, 2013 — Lots 85, 88 & 100 in DB 1450 at PG 83 March 20, 2014 — Lots 90, 91 & 101 in DB 1474 at PG 172 June 16, 2014 — Lots 86, 87, 99 & 102 in DB 1481 at PG 253 April 30, 2015 —Annexed all remaining lots shown on Plat recorded in MB 32 at PG 108 (included Lots 97 and 98) in DB 1507 at PG 94. October 29, 2015 — Removed Lots 97 & 98 from Subdivision in DB 1524 at PG 85. The explanation provided is that the developer did not own these lots and therefore, could not subject those lots the covenants and restrictions for Graceiyn Park. This last one concerns me the most because the project area for the SW8 100203 permit included lots 97 and 98. The 2010 stormwater permit application included a copy of the general warranty deed recorded in DB 1223 at PG 364 demonstrating that Britt Development Company of Archdale, LLC owned the property for which they were requesting a permit. I found a pretty clear progression of property ownership, as noted below, so it is not clear to me how Carolina East Homes LLC can claim that they did not own the Lot 97 and Lot 98 property area. The principal in each of these entities is Mr. Dale Britt— did Mr. Britt short-change himself as he conveyed property from one entity to the other? If those lots are no longer part of the Gracelyn Park IV subdivision, then the permitted project area and the BUA limits need to be recalculated and the permit needs to be modified to address the loss of that project area and the new BUA limit. The loss of almost 7 acres of project area may have a profound effect on the maximum allowed BUA limit for the remaining 16 lots. Property conveyances include: October 7, 2004 -from Larry Wayne Styron to RJP Newport Corporation recorded in DB 1078 at PG 166 which references a map recorded in MB 29 at PG 704. This map shows the entire Gracelyn Park project, all phases; February 22, 2006 -from Larry Wayne Styron to RJP Newport Corporation recorded in DB 1158 at PG 437 which references a map recorded in MB 30 at PG 906. This map shows a Phase 1 area of 21.1834 acres, and a future development area of 41.8629 acres; May 15, 2007 —from RJP Newport Corporation to Britt Development Company of Archdale, LLC recorded in DB 1223 at PG 364. The legal description is for 19.27 acres, which happens to be the i sizeaof the project area reported on the stormwater permit application for Gracelyn Park Phase IV, • which is part of the 41.8629 acre Future development area shown in MB 30 at PG 906. May 3, 2010 —from Britt Development Company of Archdale, LLC to Carolina Eastern Homes, LLC recorded in DB 1340 at PG 359, referencing the same 19.27 acre tract. Linda From: Lewis,Linda Sent:Thursday, April 05, 2018 1:39 PM To: 'Liz Horne'<liz@harrislaw.net>; 'Dale Britt'<rdbritt@hotmail.com> Cc: 'John Harris' <john@harrislaw.net> Subject: RE: [External] RE: Gracelyn Park East Thank you. The March 2012 document only brings in 3 of the 18 lots. Are there similar recordings where the rest of the lots in Phase IV were annexed into the subdivision? Linda From: Liz Horne [mailto:liz@harrislaw.net] Sent:Thursday, April 05, 2018 1:28 PM To: 'Dale Britt' <rdbritt@hotmail.com> Cc: 'John Harris'<iohn@tharrislaw.net>; Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] RE: Gracelyn Park East CAUTION: II as an attachment to { — .�...-.-...._.-� -. __ - '-• -- - .._. _.. Let me know if you need anything else. Thanks! PLEASE NOTE OUR OFFICE HOURS ARE 8:00 A.M.TO 4:00 P.M. Liz Home N.C.Certified Paralegal Harris Law Firm P.O. Box 712 304 N.35th Street Morehead City,NC 28557 (252)247-1880(phone) (252)247-2008(fax) Due to changes in lending rules and regulations and pursuant to North Carolina State Bar closings guidelines, effective immediately,our firm can no longer conduct real estate settlement transactions using paper checks(including cashier's checks) from buyers or borrowers for their net funding requirements. This is because of longer time requirements for banks to process and credit paper checks to the settlement account,including cashier's checks. Buyers or borrowers will need to arrange to deliver their net funding amount to us via a wire transfer from their bank to our trust account. At an appropriate time,we will furnish our trust account wiring instructions to the buyer. Thank you for cooperating with us and we look forwarding to working with you. 2 From: Dale Britt<rdbritt@hotmail.com> Sent:Thursday, April 5, 2018 1:19 PM To: Liz Horne<liz@harrislaw.net> Cc:John Harris<john@harrislaw.net>; Lewis,Linda <Iinda.lewis@ncdenr.gov> Subject: Gracelyn Park East Hey Liz ...., I can't find my copies of Restrictive Covenants etc for Gracelyn Park East...., Phase IV. Could you possibly PDF them to me and Ms Linda Lewis of NCDENR who is copied on this message. Many thanks Dale Get Outlook for iOS 3 Levii's,Linda From: Lewis,Linda Sent: Thursday,April 05, 2018 1:20 PM To: 'Dale Britt' Subject: FW: [External] HOA Gracelyn Park SW8 100203 Mr. Britt: As I go through the recorded documents, I am finding more problems. it appears that you first conveyed the lots to Carolina Eastern Homes, LLC (yourself as manager) before conveying the lots to the ultimate owner. It appears that after you sold Lot 98, the new owner subdivided Lot 98 and created Lot 98-A, but dd not subject Lot 98-A to the restrictive covenants for Gracelyn Park. It is a permit violation to further subdivide lots without getting a permit modification. The subdivision's maximum allowed built-upon area is based on the project area, so if Lot 98-A is not part of the subdivision, then the permitted amount of project area is reduced, and the permitted maximum BUA limit needs to recalculated based on that reduced project area. I can notify the owners of that lot, but it will fall to you to address the violation before the permit can be transferred. Linda From: Lewis,Linda Sent: Thursday,April 05, 2018 12:50 PM To: 'Dale Britt' <rdbritt@hotmail.com> Subject: FW: [External] HOA Gracelyn Park SW8 100203 Mr. Britt: I have good news and bad news. I tried again with the GIS website and was finally able to pull up a few of the deeds where you conveyed lots in Phase IV of Gracelyn Park aka Gracelyn Park East. Those deeds only referenced the original covenants and restrictions for Gracelyn Park recorded in Deed Book 1155 at Page 253, where the lots are limited to 5000 sf of BUA. Unfortunately, the permit issued for Phase IV limited each of the 18 lots to a different amount, and that amount, for all but 4 of the 18 lots is much less than 5000 sf. If you are unable to find a recorded document which limits these 18 lots to the BUA limits specified in the permit, then you will need to either revise the permit before we can transfer it to the HOA or amend the deed restrictions to reflect the permitted BUA limits. The good news is that the total lot RUA allowed in the permit is 141476 sf. If you divide that by 18, then each lot is allowed 7860 sf, which is more than the currently recorded 5000 sf limit. If all of these lots were purchased subject to the 5000 sf limit from the original covenants, then you should be able to modify the permit to change the BUA limit to 5000 sf for all 18 lots since you have enough BUA to do that and still maintain low density. That would be the easiest course of action since it will not involve any amendments to the recorded deed restrictions. This assumes of course, that no lot has exceeded the 5000 sf limit. Lots 97 and 98 were assigned much more BUA in the permit because they are such large lots, but if the 5000 sf maximum will work for them, then that is OK with us. i Lewis,Linda From: Lewis,Linda Sent: Thursday,April 05, 2018 12:50 PM To: 'Dale Britt' Subject: FW: [External] HOA Gracelyn Park SW8 100203 Mr. Britt: I have good news and bad news. I tried again with the GIS website and was finally able to pull up a few of the deeds where yolU conveyed lots in Phase IV of Gracelyn Park aka Gracelyn Park East. Those deeds only referenced the original covenants and restrictions for Gracelyn Park recorded in Deed Book 1155 at Page 253, where the lots are limited to 5000 sf of BUA. Unfortunately, the permit issued for Phase IV limited each of the 18 lots to a different amount, and that amount, for al! but 4 of the 18 lots is much less than 5000 sf. If you are unable to find a recorded document which limits these 18 lots to the BUA limits specified in the permit, then you will need to either revise the permit before we can transfer it to the HOA or amend the deed restrictions to reflect the permitted BUA limits. The good news is that the total lot BUA allowed in the permit is 141476 sf. If you divide that by 18, then each lot is allowed 7860 sf, which is more than the currently recorded 5000 sf limit. If all of these lots were purchased subject to the 5000 sf limit from the original covenants, then you should be able to modify the permit to change the BUA limit to 5000 st for all 18 lots since you have enough BUA to do that and still maintain low density. That would be the easiest course of action since it will not involve any amendments to the recorded deed restrictions. This assumes of course, that no lot has exceeded the 5000 sf limit. Lots 97 and 98 were assigned much more BUA in the permit because they are such large lots, but if the 5000 sf maximum will work for them, then that is OK with us. Linda From: Lewis,Linda Sent:Thursday, April 05, 2018 11:56 AM To: 'Dale Britt' <rdbritt@hotmail.com> Subject: RE: [External] HOA Gracelyn Park SW8 100203 Hey Mr. Britt: I tried searching the Carteret County GIS to see if I could find a set or restrictive covenants for Gracelyn Park Phase IV under your development name, but nothing came up except for one lot, Lot 8, in Phase 1 of Gracelyn Park. I find it a bit alarming that Carteret County does not appear to have this subdivision listed on the GIS. Did the name of the subdivision change? Linda From: Dale Britt [mailto:rdbritt@hotmail.com] Sent:Thursday, April 05, 2018 10:25 AM 1 To:Alan Barts<gracelynparkhoa@xmail.com> Cc: Lewis,Linda <Iinda.lewis@ncdenr.gov>; David Horney<wdhornev@gmail.com> Subject: [External] HOA [_.. CAUTION Exbtt; ai email.Do not click links br'open attachments wrbsiveritL, .Sarad all suspicious email as an attachment to Good Morning , I have been contacted by the North Carolina Department of Natural Resources that I need to transfer the Stormwater Permit for Gracelyn Park Phase IV to the HOA. I need to complete the Transfer Application and pay a $505.00 fee to complete this , but I do need some information from the HOA to complete the application. Could you please give me a call at your convenience at 252-725-5375. I will be available today but not tomorrow as I run a charter boat and will be offshore. Many thanks, Dale Britt Britt Development Company PO Box 235 Morehead City, NC 28557 Phone 252-725-5375 Fax 252-808-0221 w'ww. ritt eve1opmel a t.cor 2 hillZ ROY COOPER Governor MICHAEL S. REGAN Secretary Energy Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director ENVIRONMENTAL QUALITY March 6,2018 Britt Development Co. of Archdale,LLC Attn: R. Dale Britt,Manager PO Box 235 Morehead City,NC 28557 Subject: Notice of File Review Inspection and Request for Transfer Gracelyn Park Subdivision Phase IV State Stormwater Permit No. SW8 100203 Carteret County Dear Mr.Britt: Effective August 1,2013,the State Stormwater program was transferred from the Division of Water Quality(DWQ)to the Division of Energy,Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On March 6,2018,the Wilmington Regional Office of DEMLR conducted a file review of the subject project currently operating under low density Stormwater Management Permit Number SW8 100203 originally issued to Britt Development Co. of Archdale,LLC on May 5,2010. DEMLR research revealed that all of the lots in the subdivision covered by this permit have been developed and are owned by individuals. The following compliance issues are noted: 1. Per Schedule of Compliance Condition 11.9,the permittee is required to record certain statements to assure that the project will be maintained as low density. 2. Per Schedule of Compliance Condition II.10,the permittee is required to submit a copy of the recorded deed restrictions to the Division within 30 days of recording. To date,the Division has not received the required copy of the recorded deed restrictions for this phase. 3. Per General Condition 111.1 of the permit,the permittee must notify the Division within 30 days of any ownership changes,project name changes, or mailing address changes by filing a formal request with the Division.It may be time to transfer the permit to the Gracelyn Park Homeowners Association. 4. Per Schedule of Compliance Condition 11.13,the permittee is required to provide written certification to the Division that the stormwater controls and impervious surfaces have been constructed as per the permit requirements and approved plans. To date,this certification has not been provided. Please note that there are several options now available for transferring the permit to a new proposed permittee. Per 15A NCAC 02H.1045 (the 2017 stormwater rules)and G.S. 143-214.7,permit transfer applications shall be accepted by the Division under ONE of the following scenarios: 1. Upon the request of the current and proposed permittee,where both the current and proposed permittee sign the transfer application. 2. Upon the request of the current permittee to the HOA or POA,where only the current permittee signs the transfer application. Specific submittal requirements are listed in G.S.143-214.7(c2). 3. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in G.S.143-214.7(c5). Based on the current situation,Option#2 above is the best way to proceed, assuming that the project is in compliance with the permit. State of North Carolina I Environmental Quality 1 Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 State Stormwater Permit No. SW8 100203 Page 2 0.2 it is your responsibility as the current perm ittee to complete, sign and submit the permit transfer application form to this Office before April 7,2018 along with the required documentation listed on the form. In addition to the documentation listed on the transfer application,please remember to include the supporting documents which demonstrate compliance with the permit, including a copy of the recorded deed restrictions; a copy of the recorded plat.with all lots and drainage easements shown, and a copy of the certification document.The transfer application form is available on our website at : https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-m i n eral-land-rul es/storm water- program/post-construction. The transfer application form explains the submittal requirements for the selected type of transfer. Upon receipt of the signed form and all of the required documentation,the project will be inspected for compliance. You will be notified of any deficiencies that need to be addressed before the permit is transferred. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Failure to provide the requested information, or to respond to this letter by the due date,may initiate enforcement action including the assessment of civil penalties. If you have any questions regarding the transfer process or the required documentation,please contact me in the Wilmington Regional Office, at telephone number (910)796-7215 or via email at linda.lewis@ncdenr.Rov. Sincerely, ve ,rr r Linda Lewis,(/Is,E.I. Environmental Engineer III fh-GDS/arl: G:\\\Storrnwater\Permits&Projects\2010\100203 LD\2018 03 CEI deficient 100203 cc: Gracelyn Park HOA PO Box 1688 Newport NC 28570 Georgette Scott,Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7 215 SOSID: Date Filed: 4/11/20170467234 11:59:00 PM Elaine F.Marshall North Carolina Secretary of State r' LIMITED LIABILITY COMPANY ANNUAL REP cA2017 101 07705 NAME OF LIMITED LIABILITY COMPANY: BRITT DEVELOPMENT CO. OF ARCHDALE, LLC SECRETARY OF STATE ID NUMBER: 0467234 STATE OF FORMATION: NC Filing Office Oniy REPORT FOR THE YEAR: 2017 SECTION A: REGISTERED AGENT'S INFORMATION I ! Changes 1. NAME OF REGISTERED AGENT: R. DALE BRITT • 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.!REGISTERED OFFICE STREET ADDRESS&COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 2012 Shepard Street P. O. Box 235 Morehead City, NC 28557 All Morehead City, NC 28557 Carteret SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development 2.PRINCIPAL OFFICE PHONE NUMBER: (252)723-5375 3. PRINCIPAL OFFICE EMAI Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 2012 Shepard Street P. O. Box 235 Morehead City, NC 28557 Carteret Morehead City, NC 28557 Carteret SECTION C:COMPANY OFFICIALS(Enter additional Company Officials in Section E.) NAME: R Dale Britt NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 2012 Shepard Street Morehead City, NC 28557-3947 Carteret SECTION D: CE CATI N OF NNUAL REPORT. Section D must be completed in its entirety by a person/business entity. -7 yzi,_ 2-0/ NATURE DATE Form must be signed by a Company Official listed under Se.,iiun C of this form. "K Ar..E M-ep-. • Maw Print or Type Name of Company Official Print or Type The Title of the Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 ❑ ❑ MAIL TO:Secretary of State. Corporations Division, Post Office Box 29525. Raleigh,NC 27626-0525 t? m1 OWNER/CONTACT INFORMATION: �r11 NOTES: CAROLINA EASTERN HOMES, LLC �4 y I 6/0.•Rm: a zmz sam0.4 sic. MC +.A PORTION OF THIS PROPERTY IS LOCATED IN A Mmrasaa 5-5 NC 2&i57 SPECIAL FLOOD HAZARD AREA(ZCNE AE)AS TUNER FROM tue ME I (O40 ]as-e37s - Jn I NFIP RATE MAPS DATED 7/16/03 COMMUNITY PANEL NUMBER 3720634700J. Sx MAIN I Cl Iu'rm1N I e•CC Lexmx FFRTIFlCAT OF APPROVAL P�THP TOWN COUNr.0 aba'mw I:pm REFERENCES: L �` 2.f5 REBAR TYPICAL AT EACH LOT CORNER mae easel EAT atx MAW I MB 32 PG 43 j 1 //N TOWN CLERK OF'HE TOWN OF NEWPOR?.DING.NORT eSWIMS, j w I ea.s0 m! r--I ,0-, - ���I SITE DATA: 3 ALL PROPERTY ONES SUBJECT TO 5'DRAINAGE ANO UIIUtY EAStMcN-. 9e0•"'°w 7nc'75.ee• 00-me ae sw ME 31 PG 12 1.•I CAROLINA,0 CERTIFY .AT THIS REVISED PLAT IS APPROVED FOR RECORDING. THEmarm '�7. CHANGES N IS EMSED PUT MEET U..OF THE TOWN OF NENPORTS REGULATIONS. xa•IrSx Me I DB 1340 PG 359 •(10 TOTAL ACREAGE.15.66 AC. .�/U uQi( 2011 Nm9Sa m�e• 1a.m OAS11.7S rC NO.OF LOTS 1B al �I/y LP IN STREETS 919' xao•areiw Isom v.•a• CI) �' 2 al m G9AfELYN PPRK ( OF / w✓�.Cy,Ci BB/' ACREAGE IN STREET R/W=1.33 AC. IN)eaz•me n.r U' N r wfimxaox SE N@ (/ T?C/ _ So'-sv'(.On.) <t I TOW*CLERK AVERAGE LOT SIZE=35,162 SF/O.BO AC. 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I I j g ° A, aa7 V /I / (Ptl O Ie;1 Mg III ®: I' $y ® — _ iig a g ids B; a ;a- s d $ I.gl I I i3 , , a �r� vim — � 3a.$:a p '''.r''/'. ..,- / E! 1 g s • aQ1&l. s e gg0MCI ! 5 E ° . ,,. ° aea6ed51 is:,.. :..` gl me Ey9 1 g 1�d V— This►n the Bookend ewe shown4i9n.eye II� uu qq�� u lul� IIII the dale and time and on the line Page t*111� FILE 111390200 ay DePb,p,dprdtle� FOR REGISTRRTION REGISTER OF DEEDS Joy Lawrence Carteret County, NC October 31, 2011 04:29:15 PM COUNTER RDMT 2 P FEE. $2a.00 FILE# 1390200 gyl{t F _t,-1"�, Prepared by and Return to Harris Law Firm,PLLC 304 North 35`"Street Morehead City,NC 28557 ' STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET GRACELYN PARK - PHASE III This Amendment is executed this the day of October,2011,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RJP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry(the"Declaration"); WHEREAS,under Article Nine of the Declaration,RJP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; WHEREAS,RJP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 134D,Page JR9 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of the reserved property and desires to now subject a portion of the same to the Declaration; NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the Declaration hereby declares that the real property described below is and shall be held,transferred,sold, conveyed and occupied subject to the Declaration and any amendments which may be made thereto: BEING located in Newport,Carteret County,North Carolina and being Lot 94 as depicted on that certain plat entitled"Revised Final Plat-Gracelyn Park East"prepared by Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry. BOOK PAGE } This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. Executed the day and year aforementioned. CAR,. L3i''" OMES,LLC By: R.Dale Britt—Manager STATE OF NORTH CAROLINA COUNTY O,F�C{A,RTERE,T �y I, ° "�" . ' ,Notary Public for the said County and State,certify that R.Dale Bntt personffily came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed on behalf of said LLC. WITNESS my hand and official stamp or seal,this the oZ( day of October,2011 Gr Xo/"" ,uluuuuu,, 4 �a`""LtiVD "ppe& NOTARY PUBLIC �a` �'!s�a D MOT,y9 _ ' My Commission Expires: 5 '"/6 _ 9 G 13„ 6[/C G:\MSOffce\documents\john\Gracelyn Park East\Gracelyn Park East ph 3 amend(lot 94).DOC BOOK, 13iD PAGE Ldfs93 ? 4— ne 'ecI III i III�i�110I U111 NORTH CAROLINA,CARTERET COUNTY FILE # 1462366 • This instrument and this certificate are duly filed at the date and time and in the Book and Page shown on the first page hereof. FOR REGISTRJooyO`awrenty, OF DEEDS r of Deeds Carteret County, NC AL/ March 14, 2012 03:2 P PM C� r ar Deece COUNTER 26. 2 P FEE: $28.00 FILE 0 1402366 J Prepared by and Return to Harris Law Firm,PLLC 304 North 35`s Street Morehead City,NC 28557 STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET GRACELYN PARK - PHASE IV This Amendment is executed this the 14 day of March,2012,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RIP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry(the"Declaration"); WHEREAS,under Article Nine of the Declaration,RIP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; WHEREAS,RIP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of the reserved property and desires to now subject a portion of the same to the Declaration; NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the Declaration hereby declares that the real property described below is and shall be held,transferred,sold, conveyed and occupied subject to the Declaration and any amendments which may be made thereto: BEING located in Newport,Carteret County,North Carolina and being Lot 93,Lot 95 and Lat 96 as depicted on that certain plat entitled"Revised Final Plat-Gracelyn Park East"prepared by Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry. BOOK / ,AGE, This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. • Executed the day and year aforementioned. C. 'OL i '• h"01) OMES,LLC By: 4 II 41114 R.Dale Britt` s ager STATE OF NORTH CAROLINA COUNTY OF CARTERET I, t &h./ .6 r/411-1-441otary Public for the said County and State,certify that R.Dale Br personally came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed • on behalf of said LLC. WITNESS my hand and official stamp or seal,this the I day of March,2012. , ailod1t.-Cil) $.4.1117,4-e-/ N.,"D. H0,947 ' NOTARY PUBLIC 'Q •cF..RY z= .7:N O r� ,I II %0 2 Pk•Si Z My Commission Expires: A-1'1'i .: p am•` lllllllllllll G:\MSOfce\documents\john\Gracelyn Park East\Gracelyn Park East ph 4 amend(lot 93 96).DOC BOOK '(1d-3 PAGE. ,�/ • E,off '$ 8 �et t 1 HI I 10 W FILE 11450083 1 , • l{r • NORTH CAROLINA,CARTERET COUNTY FUR REGISIHPILON REGISTER Or UELUa ' This Instrument and this certificate are duly Ale t Gai JuyetLawre nce NCI the date and time and In Book am Page s own June 13, 2013 12: t Y 21 on the first page hereof. JL @f9T 2 P 1 Ca _ J FtE E26 OU (�� FILE# 1450083 ./Raab/at el 1 Prepared by and Return to Harris Law Firm,PLLC I 304 North 35t'Street Morehead City,NC 28557 { STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF i RESTRICTIVE COVENANTS FOR i COUNTY OF CARTERET GRACELYN PARK - PHASE V This Amendment is executed this the 15 day of June,2013,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: 1. . I WHEREAS,RIP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry(the"Declaration"); 1. WHEREAS,under Article Nine of the Declaration,RJP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; i t WHEREAS,RJP NEWPORT CORPORATION sold the development property to Britt { Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also I conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also i conveyed all of Declarant's rights under the above Declaration,including the right to add additional i phases to the subdivision and the provisions of the Declaration; 1 WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of I the reserved property and desires to now subject a portion of the same to the Declaration; 1 NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the i Declaration hereby declares that the real property described below is and shall be held,transferred,sold, 1 • conveyed and occupied subject to the Declaration and any amendments which may be made thereto: . I BEING located in Newport,Carteret County,North Carolina and being Lot 85,Lot 88 and Lot 100,as depicted on that certain plat entitled"Revised Final Plat-Gracelyn Park East"prepared by 1 Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County 1 Registry. t BOOK #56 PAGE 8'30) 1 f i 1 i 1. } . i • This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. s Executed the day and year aforementioned. CAR A H S,LLC By: R.Dal ntt• STATE OF NORTH CAROLINA COUNTY OF CARTERET f if I, /01 Sbi, /. Y fHu /10/1 ,Notary Public for the said County and State,certify that R.Dale Britt personally Vame before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed s on behalf of said LLC. WITNESS my hand and official stamp or seal,this the I3 day of June,2013. LA kJ( s/ [ /1,-\a. —_, NOTARY PUBLIC —WOliffittaivion Expires: /7.2U//S , = tu :2 : z= 0 : 0'-. P U i/T-RETiO�\\\\\\ 1 G:\MSOfice\documents\John\Gracelyn Park East\Gracelyn Park East ph 4 amend(lot 85)DOC BOOK / cc5Z PAGE cr3 i 4 • 1 • - 1 Lois fa, 'ft 1°/ iigs e `ff `tom(` W` � 11111.1,11111 FILE 111474112 FOR REGISTRATION REGISTER OF DEEDS Joy Laurence Carteret County, NC NORTH CAROLINA,CARTERET COUNTY March 20, 2014 04:36:57 PM This instrument and this certificate are duly Tiled at the date end time and n the Book and Page shown �FEE. PM 2 P 0e on the first page he . FILE i 1474172 e J Lawntn�' 11w�t MAL Depoey.R. of Deese Prepared by and Return to Harris Law Firm,PLLC 304 North 351 Street Morehead City,NC 28557 STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET GRACELYN PARK - PHASE VI This Amendment is executed this the 1�day of March,2014,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RJP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry(the"Declaration"); WHEREAS,under Article Nine of the Declaration,RJP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; { WHEREAS,RJP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of the reserved property and desires to now subject a portion of the same to the Declaration; NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the ( Declaration hereby declares that the real property described below is and shall be held,transferred,sold, conveyed and occupied subject to the Declaration and any amendments which may be made thereto: BOOK 1V'7t-f PAGE 1'10t BEING located in Newport,Carteret County,North Carolina and being Lot 90,Lot 91 and Lot 101,as depicted on that certain plat entitled"Revised Final Plat Gracelyn Park East"prepared by Gaskins Land Surveying PA,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry. This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. Executed the day and year aforementioned. C• •. INS''OMES,LLC • By: ��• R.D.i a Britt 71r7.er STATE OF NORTH CAROLINA COUNTY OF CARTERET I, in do 7 �rn'41.7 ,Notary Public for the said County and State,certify that R.Dale Britt personally came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed on behalf of said LLC. WITNESS my hand and official stamp or seal,this the if day of March,2014. „\t1i11h131:'r NOTARY PUBLI 1 My Commission Expires: .S G /C ;vim .11:. N,f);nmi itt;1'na+i i G:1MSOfFce1documentstjohn1Gracelyn Park EastlGracelyn Park East ph vi amend(lot 90-91-101).doc BOOK I PAGE 170\ ti 1 i5 16, 9 99 $ �© 2I1ne(eJ • loll � nl ii1«III�i I i IiU'V7 FILE # 1481253 NORTH CAROLINA CARTERET COUN7Y FOR REGISTRATION REGISTER OF DEEDS This insirurrrartt end thy filed at Joy Laurence the date and time and in the car t.reet ccunrv. Nc on the first page hereof. Book a"d Paye shown June 16, 2014 02:53:32 PM LDL RDMT 2 P Y ,M1T'1 ,Register FEE: $26.00 FILE# 1481253 —hut awo,RpYwerDm!. (Z�n n tw.l Prepared by and Return to Harris Law Finn,PLLC 304 North 35th Street Morehead City,NC 28557 STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET' GRACELYN PARK - PHASE VI This Amendment is executed this the 5th day of June,2014,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RJP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry,as amended (the"Declaration"); WHEREAS,under Article Nine of the Declaration,RIP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; WHEREAS,RIP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of the reserved property and desires to now subject a portion of the same to the Declaration; NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the Declaration hereby declares that the real property described below is and shall be held,transferred,sold, conveyed and occupied subject to the Declaration and any amendments which maybe made thereto: • BOOK PAGE DS • BEING located in Newport,Carteret County,North Carolina and being Lots 86,87, 99,and 102,as depicted on that certain plat entitled"Revised Final Plat-Gracelyn Park East"prepared by • Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry. This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. Executed the day and year aforementioned. CARO E S ,LLC By: R.D —Manager STATE OF NORTH CAROLINA COUNTY OF CARTERET I, Denise Lewis ,Notary Public for the said County and State,certify that R.Dale Britt personally came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed on behalf of said LLC. WITNESS my hand and official stamp or seal,this the 5th day of June,2014. to/vx,4)A) alarenueera NOTARY PUBLIC NOTAS'( My Commission Expires: October 31, 2015 s PUBI-1C' 2= v FRETCO'00 �+eeoao�aatcat+ G:1MSOfficeldocumentsljohn\Gracelyn Park East\Gracelyn Park East ph vi amend(lot 102).docc BOOK MY; _PAGER rt2frroth lc 4/)e NORTH CAROLINA,CARTERET COUNTY This instrument and this certificate are duly filed at the date and time and in the Book and Page shown 11E011111111111110on the first page hereof. Jerry T.Hardesty,Register of Deeds FEU# 1507094 By � l l It Regis er f Deeds FOR REGISTRATION REGISTER OF DEEDS Jerry T.Hardesty Carteret County,NC April 30,2015 03:45:20 PM LDL Amendment 2 P Fee $26.00 NC REVENUE STAMP:$0.00 FILE#1507094 Prepared by and Return to Harris Law Firm,PLLC 304 North 356 Street Morehead City,NC 28557 STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET GRACELYN PARK - PHASE VII This Amendment is executed this thel 4t11 day of April,20I5,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RIP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed Book 1155,Page 253,Carteret County Registry,as amended (the"Declaration"); WHEREAS,under Article Nine of the Declaration,RIP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; WHEREAS,RIP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC is in the process of developing a portion of the reserved property and desires to now subject a portion of the same to the Declaration; NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the Declaration hereby declares that the real property described below is and shall be held,transferred,sold, conveyed and occupied subject to the Declaration and any amendments which may be made thereto: BOOK 1507 PAGE 094 Submitted electronically by "Harris Law Firm, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the carteret county Register of Deeds. BEING located in Newport Carteret County,North Carolina and being All Loki not previously submitted by Phase Amendments,as depicted on that certain plat entitled"Revised Final Plat- GraceOn Park East"prepared by Gaskets Land Su veying P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry. This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine of the Declaration. Executed the day and year aforementioned. CARO i' 1i . 1 t S.LLC By: ,�/l AP R.Dal-Britt M:..ger STATE OF NORTH CAROLINA COUNTY OF CARTERET I, Denise Lewis ,Notary Public for the said County and State,certify that IL Dale Britt personally came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed on behalf of said LLC. WITNESS my hand and official stamp or seal,this the 14th day of April,2015. \_.)." . . ...t.'>�l .�,t G vL NOTARY PUBLIC My Commission Expires: July 17, 2019 = NOTARy S �n PUBLIC , grgabmon" BOOK 1507 PAGE 094 i • • Laiif 97 98 1-0 moved bra,, s- • /A NI ll l III NORTH CAROLINA,CARTERET COUNTY FILE# 152485 This Instrument and this certificate are duly filed at the date and time and In the Book and Page shown on theflrstpage hereof. FOR REGISTRRTION REGISTER OF DEEDS Jerry T. Hardesty Ja T, ardesty, 1Deo& Carteret County, NC By I`(. ',te,� October 29, 2015 09:00:30 AM AV{I.Deputy.Rapier°t DeeO. TRAVIS ADMT 2 P FEE: $2e.es FILE 11 1524085 ./Prepared by and Return to Harris Law Firm,PLLC 304 North 35'"Street Morehead City,NC 28557 STATE OF NORTH CAROLINA CLARIFICATION AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS FOR COUNTY OF CARTERET GRACELYN PARK - PHASE VII This Amendment is executed this the 28thday of October,2015,by CAROLINA EASTERN HOMES,LLC,A North Carolina Limited Liability Company,(hereinafter designated as"Developer"); WITNESSETH: WHEREAS,RJP NEWPORT CORPORATION has heretofore executed a Declaration of Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of record in Deed"Book 1155,Page 253,Carteret County Registry,as amended (the"Declaration"); WHEREAS,under Article Nine of the Declaration,RJP NEWPORT CORPORATION,reserved the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the provisions of the Declaration; WHEREAS,RIP NEWPORT CORPORATION sold the development property to Britt Development Co.of Archdale,LLC by deed recorded in Book 1223,page 364 and in such deed also conveyed all of Declarant's rights under the above Declaration and subsequently Britt Development Co. of Archdale,LLC conveyed the development property to Carolina Eastern Homes,LLC by deed recorded in Book 1340,page 359 and Correction Deed Recorded in Book 1390,Page 199 and in such deeds also conveyed all of Declarant's rights under the above Declaration,including the right to add additional phases to the subdivision and the provisions of the Declaration; WHEREAS,CAROLINA EASTERN HOMES,LLC executed an amendment recorded in Book 1507,page 094 adding Lots to Gracelyn Park Subdivision,but said amendment was ambiguous and could have caused confusion in the description of the Lots added to the subdivision; WHEREAS,the Developer was given sole discretion to add Lots to the subdivision and intended to add all remaining Lots it owned at the time of said amendment not previously submitted by Phase Amendments,as depicted on that certain plat entitled"Revised Fidal Plat-Gracelyn Park East"prepared by Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret BO OK /Sail PACE ss" County Registry. The Developer was not the owner of Lots 97 and 98 and could not have added them to the subdivision. It was not the intent of the amendment to add Lots 97 and Lot 98 to the subdivision as Developer did not own those lots at the time of the Amendment. Lot 97 and 98 were never added to the subdivision due to their nature and size and are not to be considered part of the subdivision nor are they to receive any of the benefits and privileges or rights given to those lots submitted to the subdivision,nor do they have any obligations or restrictions of those lots submitted to the subdivision. NOW THEREFORE,Developer,in order to clarify the above referenced amendment recorded in Book 1507,page 094 and in accordance with the provisions of Article Nine of the Declaration hereby declares that the real property described below is and shall be held,transferred,sold,conveyed and occupied subject to the Declaration and any amendments which may be made thereto: BEING located in Newport,Carteret County,North Carolina and being All Lots currently owned by Developer not previously submitted by Phase Amendments,as depicted on that certain plat entitled"Revised Final Plat-Gracelyn Park East"prepared by Gaskins Land Surveying,P.A.,dated 10/19/11,and recorded in Map Book 32,Page 108,Carteret County Registry.Lots 97 and 98 are not currently owned by Developer and are not intended to be included in this amendment. This instrument shall not be deemed as a release or waiver of Developer's rights to further subject other real property to the Declaration,all in accordance with Article Nine• the Declaration. Executed the day and year aforementione. CARO j 4I - '41 HOMES,LLC By: R. ;ale Britt—MM.- STATE OF NORTH CAROLINA COUNTY OF CARTERET I, i nigp Lpwi s ,Notary Public for the said County and State,certify that R.Dale Britt personally came before this day and acknowledged that he is the Manger of CAROLINA EASTERN HOMES,LLC,and further acknowledged the due execution of this Deed on behalf of said LLC. WITNESS my hand an fficial stamp or seal,this the 28th day of October,2015. lksE Les, '47s NOTARY PUBLIC NOTARY I My Commission Expires: July 17, 2019 "to PUBLIC ll1 i:R•-' BOOK Jsay PAGE IC 1 iiiiill Ulli I_I1 NORTH CAROLINA,CARTERET COUNTY FILE V 1390239 This Instrument and this certificate are duly filed et the date and and In the Book and Page shown FOR REGISTRATION REGISTER on the first page hereof, aw taurenoe Carteret Count v. NC e MN=_ Mgr r:. 9. .„--) November 01, 2011 02:59:54 PM COUNTER DEED 2 P �C Ck41114 RedeterorDwds FEE. 526.00 NC REVENUE STAMP: $150.00 FILE# 1390239 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $150.00 Parcel Identifier No,6347.02.66.4380 Verified by County on the_day of ,20_ By:Mai1IBox' :/ his Law Firm,P.L.L.C.,8754 Reed Drive,Suite 14,Emerald Isle,NC 28594 This instrument was prepared by:Harris Law Firm,P.L.L.C. —NO TITLE SEARCH REQUESTED OR PERFORMED Brief description for the Index: LOT 98, SEC IV, Gracelyn Park THIS DEED made this 31st day of October ,2011 by and between GRANTOR I GRANTEE Carolina Eastern Homes,LLC Daniel L.Gregory and wife, 2012 Shepard Street Debra A.Gregory Morehead City,NC 28557 5224 Ferndale Street Springfield,VA 22151 • Enter in appropriate block for each Grantor and Grantee: name,mailing 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 the City of Newport Newport Township, Carteret County,North Carolina and more particularly deathbed as follows: BEING located in Newport,Carteret County,North Carolina and being Lot 98 as depicted on that certain plat entitled ' { "Revised Final Plat-Gracelyn Park East'prepared by Gaskins Land Surveying dated October 19,2011,and recorded in Map Book 32,Pages 108,Carteret County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1340 page 359 All or a portion of the property herein conveyed_includes or X_does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 32 page 108 NC Bar Association Farm No.3 0 1976,Revised 0 1l1R010 Printed by Agreement with the NC Bar Association BOOK I;-qt PAGE_ , TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: 2011 ad valorem taxes;Easements and Restrictions of Record. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. t Homes,LLC (SEAL) 4 . astern / • (Entity Name) PrinVType Name: By '. (SEAL). Print/Type Name&Title:IL Dale Britt,Manager Print/Type Name: By: (SEAL1 Print/Type Name&Title:,• Print/Type Name: By: (SEAL) Print/Type Name&Title: Print/Type Name: State of Akttth CardIi n C -County or City of Cancer- I,the undersigned Notary Public f the County or City of and State aforesaid,certify that R. Dale AY; oNtttnnuint/N. personally appeared before me this day and acknowledged the due execution of the foregoing instrument�ltk the l in expressed.Witness my hand and Notarial stamp or seal this air day of De7b6e! 20 � Not. �t _n _y A(/ 1.:; . / My Commission Expires: �'�`/ ��� n do Sm�>4) Notar Public (Affix Seal) ='s I% eLIC notary's Printed or Typed Name G State of North Carolina -County or City of filisitaCST UN1y`Af ss tss,tV` 1,the undersigned Notary Public of the County or City of beret and State aforesaid,certify that IL Dale Britt personally came before me this day and acknowledged that_he is the Manager of Carolina Eastern Homes,LLC ,a North Carolina or ioep6/414/limited liability company/ielrkl1b ¢/l ileilk rihip(strike through the inapplicable),and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of ,20_. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of -County or City of I,the undersigned Notary Public of the County or City of and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of 20_. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name NC Bar Association Form No.3 C 1976.Revised 0 111l2010 Piiuted by Agreement with the NC Bar Association 13 00t/ Llit I \yp .aE--�X Ifi iIElllilll1 FILE 111570323 • FOR REGISTRATION REGISTER OF DEEDS NORTH CAROLINA,CARTERET COUNTY Carteret'County, NC • Thle Instrument end this oertgloate are duly filed at March 22, 2011 02:41:30 PM the dab end lime and In the Book and Page shown MARY DEED 3 P on the first page hereof. • FEE: $26 00 1e• 7 etdsagr, tsterolDeeda NC REVENUE STAMP. $40.00 By tsyy FILE i« 1570323 ' .DIp%Now of Desch NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 40,120 Parcel Identifier No. 63y (u s5'361000 Verified by County on the_day of ,20_ By: Mail/Box to:Taylor and Taylor,P.A. \ .1 This instrument was prepared by: Nelson W.Taylor,III,Taylor and Taylor,P.A. Brief description for the Index:l THIS DEED made this o2/$1day of March,2017,by and between GRANTOR GRANTEE DANIEL L.GREGORY AND WIFE,DEBRA A.GREGORY DONALD LEWIS FORSYTHE AND WIFE,MAUREEN FORSYTHE 618 EDGEW00D AVENUE 618 EDGEWOOD AVENUE NEWPORT,NC 28570 ! NEWPORT,NC 28570 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,parcel of land situated in the Newport Township,Carteret County,North Carolina and more particularly described as follows: Page 1 of 3 NC Bar Association Form No.3 C Revised 7/2013 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.3 North Carolina Association of Realtors,Inc.— Standard Form 3 BOOK ic-o PAGE 3 a3 BEGINNING at a point in the southern margin of the cul-de-sac at the south end of Edgewood • Avenue as shown on the map entitled"Gracelyn Park East-PH IV",said point being at the intersection of the cul-de-sac with the eastern line of Lot 98-A as shown on the aforesaid map of "Gracelyn Park East-PH IV",and running thence with the eastern line of Lot 98-A S 00-52-17 W 567.46 feet to an existing iron rod,thence N 38-38-59 W 61.67 feet to a set iron rod,thence N 23- 15-27 W 243.12 feet to a set iron rod,thence N 66-09-33 E 116.55 feet to a set iron rod,thence N 00-52-17 E 135.60 feet to a point in the southern right of way margin of the cul-de-sac at the south end of Edgewood Drive,and thence on a curve to the left with a radius of 55.00,a chord distance of 37.19 and a length of 37.94 feet to the point of beginning,and being Lot 98-A as shown on the aforesaid map of"Gracelyn Park East-PH IV",recorded in Map Book 33 at Page 330,Carteret County Registry. Lot 98A is not part of Gracelyn Park East Subdivision. Grantors reserve to themselves and their heirs,successors and assigns an easement 12 feet in width,the centerline of which will begin at a point in the southern margin of the cul-de-sac at the south end of Edgewood Avenue as shown on the aforesaid map of"Gracelyn Park East-PH IV" where the western line of the driveway shown in hash marks on the aforesaid map intersects said cul-de-sac southern margin,running thence southwest 58 feet'to the fifth property line of the property conveyed above. This is a perpetual, appurtenant and exclusive right for utilities including electric,water,sewer and cable to be located over,though or under the easement area for the purpose of erecting,installing,maintaining,replacing,improving,upgrading,constructing, re-constructing,work upon,alter,inspect,modify,re-locate,change,remove,operate and maintain facilities for such utilities. The Grantees shall have the right to use the land over which this easement exists for all purposes not inconsistent with the right of the Grantors and their heirs, successors and assigns under this reservation of easement. NO TITLE SEARCH REQUESTED OF,NOR PERFORMED BY,DRAFTING ATTORNEY. No portion of the property herein conveyed includes the primary residence of Grantors. A map showing the above described property is recorded in Map Book 33,Page 330,Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Unpaid Ad Valorem Taxes. Restrictive covenants,easements,and rights of way of record. Page 2 of 3 NC Bar Association Form No.3®Revised 7/2013 This standard form hes been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.3 North Carolina Association of Realtors,Inc.— Standard Form 3 BOOK 1510 PAGE 3D3 IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. 01.14Z:::7/..Z3-542.44.7 (SEAL) DANIEL L.GREGORYJ - / �. (/!. (SEAL) DEBRA A.GREGORY State of North Carolina County of Carteret I,the undersigned Notary Public of the County and State aforesaid,certify that DANIEL L.GREGORY .and wife,DEBRA A.GREGORY,personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Witaiggg4tte,sal this Ok1day of J1 tUCiU,2017. ga6My Cor�mmissi n Expires:?c=l.o\18n(�0, � Et_�,I) [ 11IC�3�20I ��( Notary�t vta �i eu rz,Nota ublic Page 3 of 3 NC Bar Association Form No.3 C Revised 7/2013 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.3 North Carolina Association of Realtors,Inc.— Standard Form 3 BOOK 2S1 PAGE 3e ` I caw YT. a� a .,v.:0; illeV ii2;71:1- ,,, g € •a;: a W E-' Cq cFi�o o Z o o :is no R, �'fi' �S Sc `� a I � � w 0 w ;QN :U(d:Y, �I OnaNN di F -'d� �.1.4 m°:vein \ u Ei EI:iMg 9 Ig.1 wig R' 0 0.' wpm ZEIx¢ oa oN rq o i f¢ - tPo Z� U UqF CO 4E4 2 != E. °flu!i! i11 8 _a / iLel S3N� II wwm / Ay, ,T,R- �^tl z <� I N / ®4" 52 g k 1 € s U I �¢ —/ y ao\ e �4 1 t,s K� Ir ' 2 i z a o a o a R II I ,. . X°DY co O.04 o 0 0 I N Si a Sk 6 , I !ti7O � W m Z K 7 WWQ i5Q l a \ € N 8 I w \ \ © 11 �C I ' < \A9 • CU' > \\,+C6\ vE a Ada I ® �` •\ ` g: d NIke..\\ ii d 3 `. >VI o — -\ �- —CV t _ `.. RR VARIR �, �' i \�� I o \\ \\\ �'�� I • ' K \\ \ S V J \ \ .'-` t`aa ,9R'9!I IX \\1. C I \ \\ n�{�,�,,.. 3.23.66e99 N $ n 1 Z I I \109.(' .::.., -,:ti, P:=:n L3Y3 • prtIFi A 9NIW93]3tl3d3— NAnn ,Td�RRA98 _-E ' e33]. I ISRL92 3.96.95e99N wI{, :'4 � '-- -1U ja `` p 2' I Q / % f]`'' z x I \ Val 1 Q Z 1 N gam ' a z s;g I % '- _ // �, ff,_ , gi F- I e p¢ N 5�t 0. \ I / 1--- if 'n° \ /// '1. ' \ b \ X\ ;1144 N \ \,,...,, '4; ( xn @ z: '� hielenie Arthur 4F' CARTERET COUNTY MA Date 1.0/07/P.004 Time 12:10:00 OR 1.0:3166 Palo 1 of 4 CARTERET COUNTY NORTH CAROLINA,CARTERET COUNTY 19046 10/07/2004 The foregoing certificate(s)of Notary Pubik(s)Were $494.00 certified to be correct.This instrument and this aertifl. O „"" r cote ero duly rei.istr-;nd at the date.,end time and in OTH. Real Estate the Book and Page ehr;we•3ri the last Fagf4 hereof.LINA .,/} Excise Tax f I �� Mae, • t r."Deeds By Prepared By:Samd Oel A.McConkey,Jr.,Attome at Law v L An, ""m �° , STATE OF orr'O NORTH CAROLINAH. f9 Law Firm PLLC Documen• Stamps:$�R � COUNTY OF CARTERET `D.Box 712 Parcel#Documentary (�3t�`7pI la oq2, 3U: •i;::th 35th Street • Morehe.lu 4i;•: NC 28557 'I THIS WARRANTY DEED made and entered into this 02, day of September,2004,by and between: LARRY WAYNE STYRON,legally separated, of Carteret County,North Carolina (hereinafter"GRANTOR") and RJP NEWPORT CORPORATION whose address is: 124 Nine J Drive Newport,NC 28570 (hereinafter"GRANTEE") 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, tract or parcel of land situated in Newport Township,Carteret County,North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. 04 10 P G A The above described property is conveyed and accepted subject to such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot,tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE,that GRANTOR is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF,the GRANTOR has hereunto set its hand and seal,the day and Year f st above written. tit? [r r.%. .�'` (SEAL) n c• $ '�i `-• Larry yne Styron,Grantor '•. r • /''t'..,...,r••,,, r e `•ti„STAITC)) rNORTH CAROLINA "---d StINTY OF CARTERET I, a Notary Public of the county and state aforesaid, do hereby certify that Larry Wayne Styron personally came before m e t his day and a cknowledged the execution oft he foregoing instrument. Witness my hand and official stamp or seal,this 1..4 day of September,2004.. Notary Public 1 44A C My commission expires: MA.‘ A. a.7,ae.ryf„ r, V k-�� EXHIBIT A BEGINNING at an iron pipe in the eastern right of way margin of NCSR #1247 at a point approximately.15 miles North of the intersection of U.S.Highway 70 and NCS.R#1247,which iron pipe is located S 20-18-41 E a distance of 138.6 feet from the southwest corner of the lands of Annie R.Smith,whose deed is recorded in Book 406,page 325,Carteret County Registry;said beginning point also being located N20-18-41 W a distance of 325.61 feet from the northwest corner of the now or formerly lands of Guy W.Herring,Jr.whose deed is recorded in Book 746 at page 737,Carteret County Registry,and said beginning point being the southwest corner of the now or former lands of Tina J.Sibley,whose deed is recorded in Book 887 at page 631,Carteret County Registry. FROM SAID POINT OF BEGINNING running thence N 71-04-54 E and with the south line of the Sibley property a distance of 145.69 feet to a set iron rod;thence N 20-41-41 W and with the cast line of said Sibley property and the Annie R. Smith property(Deed Book 406 at page 325) a distance of 237.77 feet to an existing iron pipe marking the northeast corner of the Annie R.:Smith property;running thence S 71-25-27 W and with the Annie R.Smith north line a distance of 9.01 feet to an existing iron pipe marking the southeast corner of the Deanna Hull property(Deed Book 932 at page 127);running thence N 20-17-19 W and with the east line of the Deanna Hull property a distance of 80.76 feet to a point;running thence the following courses and distances with the center line of a ditch and the South line of the Cecelia B.Hagan property:N 71-55-59 E a distance of 38.57 feet;N 67-46-51 E a distance of 43.79 feet;N 65-36-41 E a distance of 101.44 feet;N 72-06-43 E a distance of 57.33 feet;N 68-41-03 E a distance of 54.2 feet;N 65-25-31 E a distance of 49.95 feet to the southeast corner of the Cecelia B.Hagan property;running thence N 21-16-36 W and with the Cecelia B. Hagan East line a distance of 267.53 feet to a point;running thence N 68-43-24 F,a distance of 174.42 feet to a point;running thence N 63-23-56 F.a distance of 77.33 feet to a point; running thence N 68-43-24 E a distance of 131.11 feet to a point;running thence N 70-21-56 E a distance of 16.05 feet to a point;running thence N 72-00-29 E a distance of 142.35 feet to a point; running thence S 17-59-31 E a distance of 110.00 feet to a point;running thence S 72-00-29 W a distance of 50,00 feet to a point;running thence N 17-59-31 W a distance of 50.00 feet to a point running thence S 72-00-29 W a distance of 83.05 feet to a point;thence S 21-16-32 E a distance of215.10 feet to a point,running thence N 68-59-55 E a distance of 137.64 feet to a point;running thence S 70-05-43 E a distance of 711.32 feet to a point;running thence S 23-09-54 E a distance of 148.40 feet to a point marking the northern line of the Guy W.Herring,Jr.property in the center of an existing soil farm road;nnining thence S 66-50-06 W and along the north line of the Guy W. Herring,Jr.property generally along a farnn road a distance of 1219.65 feet to an existing iron pipe in the southeast corner of the Cecil G.Smith property(deed Book 332,page 379,Carteret County Registry);running thence N 20-35-40 W and with the Cecil G.Smith east line a distance of 75 feet • to an existing iron pipe;running thence S 66-50-06 W and along the Cecil G.Smith north line(Book 203,page 432,Carteret County Registry)a distance of 250.0 feet to an existing iron pipe in the eastern edge of a ditch;running thence S 20-35-40 E and along the Cecil G.Smith west line a distance of 75.0 feet to an existing iron pipe in the aforesaid Herring north line;running thence S 66- 50-06 W a distance of 104.83 feet to an existing iron pipe in the eastern right of way margin of NCSR#1247;and ntnning thence N 20-18-41 W and with the eastern right of way margin of NCSR #1247 a distance of 325.61 feet to the point or place of beginning,and being the western portion of that property as shown on Map Book 29 at page 704,Carteret County Registry. This property was conveyed to Grantor by Deed recorded in Book 913 at page 399,(tract 2)and Deed Book 878 at page 516. : . 0K /07� . A . _ • I�I The above property is shown on survey by Stroud Engineering dated August 6,2004 entitled Smith Farm Property,and being Phase I thereof,containing 21.1834 acres more or less,which survey is incorporated herein by reference. a. The conveyance of the property described above is subject to an easement in favor of Grantor for ingress,egress and regress and the installation of utilities to additional properties owned by Grantor and which will be accessible through the above 1111 described property,over that portion of an existing soil road running generally along the southern boundary of the Property. The soil road is depicted on that map entitled "Phase Map Smith Farm"dated August 6,2004 and it is agreed that such easement shall not have a width of more than ten(10)feet as along the southern boundary of the Property(Phases I and II)and fifteen(15)feet as it runs through"Phase III"as depicted on the above referenced map. This casement shall be for the benefit of Seller's remaining portions of the Property(Phase II and III) and an additional eighteen(18)acres belonging to Seller located to the east of the railroad right of way. Notwithstanding the above and upon a means of access over paved roads accompanied with sufficient utility easements being reserved for the benefit of Seller as to his remaining portions of the Property(Phases II and III), Seller agrees to execute a document in suitable form and content to release such retained easement as to Phases II and Ill. It being the parties intent that the soil road easement remain in place for the benefit of Seller's retained 18 acre tract only upon Buyer's exercise of the Option in regards to Phases II and III. Buyer shall have the right to relocate the easement in"Phase III"at his costs as long as he provides Seller a similar and suitable means of access to his retained 18 acre tract. F:\MSOffice\documents\DEEDS\rjp newport phase'(rev10-7).doc • • , ...., . r• .,,7,`,0•";. • eet 0 r;' ....1.,r''',„!---- 0-- .----<A; 1:`.."''„•::."'"' „,.:0" ‘ , l: z “. • • JE- \\ 4fe:' , .4 0•0'''' i_rit, -;•. •a: i 1.--4 ..„......./.-----"-'' . ,i ... I. q. • '')'°''' ''' ' ' , --' 04 .i iNg ,..... 511:6..°_, rre- 1 At • • ...• . /' : 1, i 1 A . tl, ,et .Z i gi dj1' ,0 • p. ? !it;.: • ; 0: rli •\ 'N :1,:t:ii j ' ...ari• , IdNi0 s•! \ ",„./..'"'------..":1 ora,rl••`! q ,;ra!ei .ii . -'• `iZ•;4.41 ii: -2i...% `\ ''•:7•13' 't •,,, ,,,,, •'77.•,/, , -.'•i, -,...1 g :t , 4 .. .1'.: / --.t,\ -,. 1. i z \ i 4 - :t 4 .7 / 1' 7 s % 4111 C-1 a21 ..,I. \ 7t•-'.. 1%ig •t• 1 , X \ *1 . ., : ed . , 11. Z \ • d-a , .,I. "V e .' ..-- .*I' =.... ‘?:•••.i. ..,' ... Z..10. e \, • . = \ ,A...,,,,r;. ,„•••--,--,,,-- ,,..,,.1,, 04 z ,....•,„,„„,-_-. 0 - ...„„gr, .------ " ...--- 1*---‘ „:.!..„..---------‘ -----.----- -,---.'--- c„......--- „.....--------- .„,....-----• /"-- -- - -------------:„../.- Melanie Arthur 4P LDL Date 02//22/2006COUTime 09:21:00 GR 1158437 Pane 1 of 4 NORTH CAROLINA,C„AITEPET COUNTY CRRTERET COUNTY This instrument and this cei'rificata are duly find at the 26778 e2/22/200e date and time and in the Book and Page shown on the $1,177.00 that page hereof. Real Estate _MalachiArthur,Regl rof Deeds � OLIN11 Y ., x, -t' /,. Excise Tax B /�.1t}JI"`j A r, Pastift0Off.R.paar el Dees Space Above Thia Line For Recording Date Prepared By:Samuel A.McConkey,Jr.,Attorney at Law STATE OF NORTH CAROLINA Harris Law Firm PLL WARRANTY DEED P.O.Box 712 Documentary Stamps:$1,177.00 COUNTY OF CARTERET 304 North 35th Sire �3 Morehead City,NC 285ce1#( 35) (e 4 41 • THIS WARRANTY DEED made and entered into this 20*day of February,2006,by and between: LARRY STYRON,UNMARRIED of Carteret County,North Carolina (hereinafter"GRANTOR") and RIP NEWPORT CORPORATION whose address is: 123 Nine J.Drive Newport,NC 28570- (hereinafter"GRANTEE") 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, tract or parcel of land situated in Newport Township,Carteret County,North Carolina and more particularly described as follows: BOOK 1 J_PAGE �~ • SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE This conveyance is made subject to valid and enforceable restrictive covenants,easements and encumbrances of record. 1 TO HAVE AND TO HOLD the aforesaid lot,tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE,that GRANTOR is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF,the GRANTOR has hereunto set its hand and seal,the day and .year first above written. Q� 0/111— (SEA I.) Larry St fq on,Grantor STATE OF NORTH CAROLINA COUNTY OF CARTERET I,a Notary Public of the county and state aforesaid,do hereby certify that Larry Styron, unmarried,personally came before me this day and acknowledged the voluntary execution of the foregoing instrument for the purposes expressed therein. Witness my hand and official stamp or seal,this el day of February,2006. Signature of Notary Publi �gS1 P STy9 rinted/Typed Name of Notary Public: eP� +oTA9f qt.. 1 y commiss e n pires: °� 12. Co11ow FNerteroVENESAWALP.ST‘Strae to RIP Newport CoNWad.w'pd BOOK I1 _PAGE I- EXHIBIT"A" Phase II and Phase III of the Smith Farm NORTH CAROLINA CARTERET COUNTY NEWPORT TOWNSHIP ' BEGINNING at a point in the northern line of the Guy W.Herring,Jr.property(see deed book 746 at page 737,Carteret County Registry)at a computed point marking the center line of a soil farm road at the south east corner of the lands constituting Phase I of the Smith Farm Property, which computed point is also located the following courses and distances from a point marking the north west corner of the Guy W.Herring,Jr.Lands(see deed book 746 at page 737,Carteret County Registry)where the same intersects the eastern right of way margin of North Carolina State Road#1247 at the south west corner of Phase I of the Smith Farm Subdivision:North 66- 50-06 East along the center of a soil farm road and the south line of Phase I of the Smith Farm Subdivision a distance of 104.83 feet;running thence North 20-35-40 West and along the Smith west line a distance of 75.00 feet to an existing iron pipe;running thence North 66-50-06 East along the Smith north line a distance of 250.00 feet to an existing iron pipe in the edge of a ditch marking the Smith north west corner;thence South 20-35-40 East along the Smith east line a distance of 75.00 feet to an existing iron pipe marking the north east corner of the Smith property;thence North 66-50-06 East along the Herring north line a distance of 1,218.65 feet to an existing iron pipe in the south east corner of the Cecil G.Smith property(see deed book 332 at page 379 Carteret County Registry),the point or place of beginning. FROM SAID BEGINNING POINT DESCRIBED ABOVE running thence North 23-09-54 West a distance of 148.40 feet to a computed point;running thence North 70-05-43 West a distance of 711.32 feet to a computed point;running thence South 68-59-55 West,a distance of 137.64 feet to a computed point; running thence North 21-16-32 West a distance of 215.10 feet to a computed point;running thence North 72-00-29 East a distance of 83.05 feet to a computed point;running thence South 17-59-31 East a distance of 50.00 feet to a computed point;running thence North 72-00-29 East a distance of 50.00 feet to a computed point;running thence North 17-59-31 West a distance of 110.00 feet to a computed point;running thence South 72-00-29 West a distance of 142.35 feet to a computed point;running thence South 70-21-56 West a distance of 16.05 feet to a computed point;running thence South 68-43-24 West a distance of 131.11 feet to a computed point;running thence South 63-23-56 West a distance of 77.33 feet to a computed point;running thence South 68-43-24 West a distance of 174.42 feet to a computed point located in the center of a ditch marking the common line with Cecilia B.Hagan(see deed book 630 at page 48,Carteret County Registry);running thence with the Hagan east line and along the center of said ditch,North 20-05-52 West a distance of approximately 190 feet to an existing iron pipe marking the north east corner of the Hagan property where it intersects with a ditch marking the Southern property line of Elsie M.Murdoch Trust property(see deed book 662 at page 169,Carteret County Registry); running thence North 70-59-57 East and along the RywlsRIEN AIRsl[snlSgn•r'JP NKerrr+l/litslMlapher MAIDy$.,M ri�.IK BOOK \\5 \ PAGE .. • common boundary with the Murdoch Trust south line in the center of a ditch a distance of 397.13 feet to a computed point;running thence North 72-00-29 East a distance of 855.26 feet to a computed point;running thence North 71-25-10 East a distance of 182.60 feet to an existing iron pipe in the south west corner of the Rodney Willis property(see deed book 491 at page 207,Carteret County Registry);running thence North 63-48-14 East and with the said Willis south line in the center of a ditch a distance of 634.29 feet to a point marking the western edge of the Atlantic&East Carolina Railroad Easement;running thence North 63-48-14 East a distance of.100.11 feet to a PK nail in the center of the Atlantic&East Carolina Railroad;running thence South 23-29-16 East and with the center of the Atlantic&East Carolina Railroad a distance of 1,488.70 feet to a PK nail in the center of the railroad tracks and a culvert running under said tracks;running thence South 70-02-51 West a distance of 118.12 feet to a computed point; running thence the following six(6)courses and distances with the edge of a swamp and the northern line of the W.M.H.Daugherty heirs property(see deed book 634 at page 373,Carteret County Registry),to wit:South 40-48-46 West a distance of 233.47 feet;South 79-19-10 West a distance of 129.47 feet;North 89-09-10 West a distance of 192.10 feet;North 76-42-18 West a distance of 216.57 feet;North 10-15-07 West a distance of 161.85 feet to a point,and North 38- 30-38 West a distance of 165.74 feet to an existing iron pipe in the center of a soil farm road 'over a culvert at a common line with Guy W.Herring,Jr.;running thence South 66-50-06 West along the center of said soil farm road and the north line of the Herring,Jr.property a distance of 317.94 feet to the point or place of beginning. As per survey by Stroud Engineering,PA entitled Smith Farm Property,Ray Murdoch,dated 8/6/04,and containing 41.8629 acres excluding the right of way of the Atlantic&East Carolina Railroad,and being the same property identified as"Future Development Area=41.8629 Acres" as shown on that plat by Stroud Engineering,PA entitled RJP NEWPORT CORPORATION and recorded in Plat Book 30,at page 906,Carteret County Registry. NMenhIVENESAW.ALESI,Sry,en,a Ell Newp„CerVkrAdbk.V1ae,N&a,aUM,Ertn.Aaa BOOK 1\SS PAGE ?r` i9 _.�--- 1 Z ;i - i i ; s ro . ! p g 1 .gill. !II ow. if-- - N h U1111111 a_ looms cct' ill 4��go4=&noaPp�i '�• u ill li , .b�- i`� uretESSe "9cae wow �� Si e s € s •'� ,. '3 Z 8 1:- Ira �c1'` \�` ill d 3 R � ,, \ ,• \ 11 11 11 ii I- 11 • jt ' 11 4' J Lai N r S m W_ . 0c \ LaII M w ,, i 1)1' na 4 n \.\\:\‘: IKE E - N..:::k\S\ blir 51 .\\\ \\..,,,\-...s.,:\ss \ ...,....\\\:.,\ ,.... st NORTH % ` \ Eli i \ \ \ n. \1A „Ant !� Z7.3a N\ 1`+{` . ,,,, 4 \ \ • �i n 9: 11 I i. ! i Le et M Ne:t trie Arthur ?.r, CtiRTti•:i I T COUNTY BW(:: Date 0 ii'i/ 007 Tame 1605:00 Gtt 1223.364 Page I of 3 CARTERET COUNTY This irtairurnervt an ce.e.;eate arr,fluty Merl,1 32000 05/15/2007 thti date find time and it the i& It and Pnoe.orr .; 6794.00 on the fiy�t page hereof. wr"��1TH� .= Real EBIa!• I6 s fd_ a I ';" a arir. � /. Excise Tax ...-.. .i,-;t,:,,;,;t, .. ---.- j\)3\-, NORTH t'AROT.TNA GE.NF.RAT.WARRANTY DEED Parcel# 3't4-r,_lQ 11 bye Excise Tax$ G] �l ll Prepared by: The Harris Law Firm, PLLC NO TITLE SEARCH OR CLOSING PERFORMED BY THIS FIRM This Deed made this the day of May, 2007, by and between RJP NEWPORT CORPORATION, a North Carolina Corporation, hereinafter "Grantor" and BRITT DEVELOPMENT CO.OF ARCHDALE, LLC,a North Carolina Limited Liability Company, whose address is `e.)`PL T / �;13U; ,tir1O1`F:hecxcil('t .` .SAC, , hereinafter "Grantee. 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 Newport Township,Carteret County,North Carolina and more particularly described as follows: SEE EXHIBIT A TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. r&.. 1 I Title to the property hereinabove is subject to the following exceptions: I. Restrictive Covenants of record. 2. Public utility easements of record. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer and by authority of its Board of Directors,the day and year first above written. RJP NEWPORT CORPORATION By: C" David Ray Murdoch,President STATE OF NORTH CAROLINA COUNTY OF CARTERET I, Lucy E. Dean , a Notary Public of the aforesaid County and State, do hereby certify that David Ray Murdoch personally came before me this day and acknowledged that he is the President of RJP NEWPORT CORPORATION,and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by him as President. WITNESS my hand and official stamp or seal,this the 11th day of May,2007. /6441 NOTAR PUBLIC Lury E. Opan Typed or Printed Name of Notary Public My Commission Expires: 9/21/08 Af �. w� 1'MSOfficeldocuments\DEEDS\Gracelyn Park\RJP to Hritt Dev.doc 9), M1a ri l a3 KGL. i 1 EXHIBIT A-RIP NEWPORT CORPORATION TO BRITT DEVELOPMENT OF ARCHDALE,LLC BEGINNING FROM AN EXISTING IRON PIPE, SAID POINT OF BEGINNING BEING LOCATED N 66 50'06"E,A DISTANCE OF 970.68 FROM A SOLID IRON STAKE,THE REFERENCE POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1 PHASE I GRACELYN PARK,THENCE BEING LOCATED N 66 50'06"E,A DISTANCE OF 566.90' FROM A SOLID IRON STAKE, THE REFERENCE POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 12 PHASE 1 GRACELYN PARK, THENCE COMMENCING FROM SAID POINT, BEING THE POINT OF BEGINNING AN EXISTING IRON PIPE,THENCE N 66 50'06"E,357.30 FEET TO A POINT,THENCE N 23 09'54" W, 102.92 FEET TO A POINT, THENCE N 43 57'24"E, 125.22 FEET TO A POINT,THENCE N 46 02'36"W,429.13 FEET TO A POINT,THENCE N 23 29'16"W, 458.60 FEET TO A POINT, THENCE N 63 48'14"E, 500.56 FEET TO A POINT, SAID POINT BEING IN THE CENTERLINE OF THE ATLANTIC & EAST CAROLINA RAILROAD, THENCE WITH THE CENTERLINE OF THE RAILROAD S 23'29'16" E, 1488.70 FEET TO A POINT IN THE CENTERLINE OF THE ATLANTIC &EAST CAROLINA, THENCE LEAVING THE CENTERLINE OF THE RAILROAD S 70 19'10"W, 118.12 FEET TO A POINT,THENCE S 40 48'46"W,233.47 FEET TO A POINT,THENCE S 79 19' 10"W, 129.47 FEET TO A POINT,THENCE N 89 09' 10"W, 192.10 FEET TO A POINT,THENCE N 76 42' 18"W,216.57 FEET TO A POINT,THENCE N 15'07"W, 161.85 FEET TO A POINT,THENCE N 38 30'38"W. 165.74 FEET AND THE POINT OF BEGINNING; CONTAINING 19.27 ACRES, MORE OR LESS. THIS CONVEYANCE IS SUBJECT TO ANY PORTION OF THE ABOVE PROPERTY LOCATED WITHIN THE RIGHT OF WAY OF THE ATLANTIC AND EAST CAROLINA RAILROAD. ALSO CONVEYED ARE ALL RIGHTS RESERVED IN FAVOR OF DECLARANT IN THAT DECLARATION OF GRACELYN PARK SUBDIVISION RECORDED IN BOOK 1155 AT PAGE 253,AS AMENDED IN BOOK 1180,PAGE 103, CARTERET COUNTY REGISTRY, INCLUDING BUT NOT LIMITED TO THOSE RIGHTS RESERVED IN ARTICLE THREE AND ARTICLE NINE TO ANNEX ADDITIONAL PROPERTY TO THE SUBDIVISION. P;1MSOfficeldocuments4johnlR3P-BRITT DESC..dcc RiCIOK,--411623 PAC: da FILE 11340359 NORTh CAROLINA,CARTERET CaOneUNTYfiIed at —-. ._ . .. . --- - This instrument end this certificate led at FOR REGISTRATION REGISTER OF DEEDS the dale and time'and In the Book end Page Joy Laurance Carteret County, NC on the first page hereof. . May 03, 2010 12:34:19 eai COUNTER DEED 3 P • FEE: 525.00 . °"°° a�- FILE# 1340359 Recording Time,Book and Page Tax Lot No. Parcel Identifier...#63470266537 Verified by County on the day of .,20 By Mail after recording to...Mr.RDale Britt,2012 Shepard Street,Morehead City,NC 28557 This instrument was prepared by R.Dale Britt Brief description for the index -See Exhibit A • NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 3rd day of May,2010,by and between GRANTOR GRANTEE BR1TT DEVELOPMENT COMPANY OF CAROLINA EASTERN HOMES,LLC ARCHDALE LLC 2012 Shepard Street PO Box 235 Morehead City,NC 28557 Morehead City,NC 28557 Enter in appropriate block for each party:name,address,and if appropriate,character of entity,e.q.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. WITNESSETFI,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 County of Carteret,Newport Township,North Carolina and more particularly described as follows: s q BOOK __ _PAGE _ (,.� TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances there to belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 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 lb Board of Directors,the days and year first above written. Britt s •/ om ,,y of Archdale LLC !��.e/, .4 r.• — (SEAL) R.Dale Britt—Member Manager By: --(SEAL) --President ATTEST: (SEAL) Secretary(Corporate Seal) (SEAL) t/O NORTH CAROLINA,CARTERET COUNTY. ' y+Qt s I,a Notary Public of the County and State aforesaid,certify that IL Dale Britt,Member f Manager of Britt Development Company of Archdale LLC,a North Carolina Limited tLiability Company Grantor, personally appeared before me this day and acknowledged the ;.A C %:/.Y ...1 execution of the foregoing instrument. Witness my hand and official stamp or seal,this I. N.3:F: 3 day of /)1 ,2010. Eir. y a a ( / �iN-,i /V ry ` '•' My commission expires:?0�d0/3 ota Public SEAL STAMP NORTH CAROLINA,CARTERET COUNTY I,a Notary Public of the County and State aforesaid,certify that , personally came before me this day and acknowledged that she is Secretary of , a North Carolina Corporation,and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by its President,sealed with its corporate seal,and attested by her as its Secretary. Witness my and official stamp or seal, this day of ,2010. My commission expires: Notary Public The foregoing Certificate(s)of islare certified to be correct. This Inetrameat and this certificate are duly registered at the date and time and in the book and page shown on the REGISTER OF DEEDS FOR COUNTY nv rl..n..ty/i.I.,en,-F...i.t.."Cll..i. 1 w !J�/7 BOOK 6v4iw PAGE .-2 , EXHIBIT A-BRITT DEVELOPMENT COMPANY OF ARCHDALE LLC TO CAROLINA EASTERN HOMES LLC BEGINNING FROM AN EXISTING IRON PIPE,SAID POINT OF BEGINNING BEING LOCATED N 66 50'06"E,A DISTANCE OF 970.68'FROM A SOLID IRON STAKE,THE REFERENCE POINT ALSO BEING THE SOUTHWEST CORNER OF LOT I PHASE 1,GRACELYN PARK,THENCE BEING LOCATED N 66 50'06"E,A DISTANCE OF 566.90'FROM A SOLID IRON STAKE,THE REFERENCE POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 12,PHASE 1,GRACELYN PARK,THENCE COMMENCING FROM SAID POINT,BEING THE POINT OF BEGINNING AN EXISTING IRON PIPE,THENCE N 66 50'06"E,357.30'TO A POINT,THENCE N 23 09'54'W,102.92'TO A POINT,THENCE N 43 57'24"E, 125.22'TO A POINT,THENCE N 46 02'36"W,429.13'TO A POINT,THENCE N 23 29' 16"W,458.60'TO A POINT,THENCE N 63 48' 14"E,500.56'TO A POINT, SAID POINT BEING THE CENTERLINE OF THE ATLANTIC&EAST CAROLINA RAILROAD,THENCE WITH THE CENTERLINE OF THE RAILROAD S 23 29' 16"E,1488.70'TO A POINT IN THE CENTERLINE OF THE ATLANTIC&EAST CAROLINA RAILROAD,THENCE LEAVING THE CENTERLINE OF THE RAILROAD S 70 19' 10"W,118.12'TO A POINT,THENCE S 40 48'46"W,233.47' TO A POINT,THENCE S 7919' 10"W,129.47'TO A POINT,THENCE N 89 09' 10"W,192.10'TO A POINT,THENCE N 76 42' 18"W.216.57'TO A POINT, THENCE N 15'07"W,161.85'TO A POINT,THENCE N 38 30'38"W,165.74'AND THE POINT OF BEGINNING;CONTAINING 19.27 ACRES,MORE OR LESS.THIS CONVEYANCE IS SUBJECT TO ANY PORTION OF THE ABOVE PROPERTY LOCATED WITHIN THE RIGHT OF WAY OF THE ATLANTIC AND EAST CAROLINA RAILROAD. ALSO CONVEYED ARE ALL RIGHTS RESERVED IN FAVOR OF DECLARANT IN THAT DECLARATION OF GRACELYN PARK SUBDIVISION RECORDED IN BOOK 1155 AT PAGE 253,AS AMENDED IN BOOK 1180,PAGE 103,CARTERET COUNTY REGISTRY,INCLUDING BUT NOT LIMITED TO THOSE RIGHTS RESERVED IN ARTICLE THREE AND ARTICLE NINE TO ANNEX ADDITIONAL PROPERTY TO THE SUBDIVISION. "j : • !- PAGE .51?