16657_BOUDREAULT, ELLIS_19970527

2
CAMA AND DREDGE ANDIFILL
GENERAL 016657
PERMIT
�� C&� (041
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC /-)%y
Applicant Name -I 74% s «'�%�Qr{ �' Phone Number 9(12 -1�6 V/
Address
City i�' ! State N� Zip c /'/
P L C R d W B d � / /- / �(
2
iii/)/ /� �rL f C � . �' � _. �(i ;: r+ U/ � (�-f' , /G
rolect ocatlon ( ounty, .tate oa , ater o y, etc.)
VS �� c,l .'� Ste:y_� l�d�� ,�r> > n a ,c ��=ice¢ i -A /
Type of Project Activity' -S'
�c �t
2 / 1 res"3 !to-ll,5z
,; . C i; , k- c10 / (6,- rG
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
applicant's signature
permit officer's signature
3- 27- 97 6- _ 7- �7
issuing date expiration date
attachments O%f/ /200
'i In issuing this permit the State of North Carolina certifies that
fthis project is consistent with the North Carolina Coastal application fee
Management Program.
c -
Es✓ ±7 r w
PROJECT DESCRIPTION
SKETCH
(SCALE:
G X40
bier (dock) length
1
rr
r
rt
Groin length
-
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
,
4—
+
Boat ramp dimensions
.,�-�--------
tl Y
Other �'L n/�� S"
�
. l!
1.J�,:f P!t:
�Jl�
�,-4ew,k,
GG C 1 :
'L.
:TIOU t�1 i ,ii l it T
,.
i'
T'n(.� ,�T
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
applicant's signature
permit officer's signature
3- 27- 97 6- _ 7- �7
issuing date expiration date
attachments O%f/ /200
'i In issuing this permit the State of North Carolina certifies that
fthis project is consistent with the North Carolina Coastal application fee
Management Program.

PAY
TO THE
ORDER OF
SUNBELT ASSOCIATES REAL ESTATE INC. 01-91
P. O. BOX 880, 919-249-2867
BROAD ST.
ORIENTAL, NC 28571
D 72�- 14 A-)
FIRST CITIZENS 112
A Esq FIisl CIII
z s Bank A T-1 Company
�� Oilenlal, NC 28571 /��� x.57^ G. `
FOR �3(p
1110000094611' i:0 5 3 100 3001:4 7 1 200, 56611'
0946
�J 66-30/531
1917
OLLARS

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mr. I. Clark Wright, Jr.
Ward and Smith, P.A.
P.O. Box 867
New Bern, NC 28563-0867
Dear Mr. Wright:
1DEHNR
June 2, 1997 ' L E
This correspondence is in reference to your letter of May 5, 1997, whereby as attorney
for Mr. William Follendorf, you stated objections to a proposed dock project by Mr. Ellis
Boudreault (lot # 37 in Sea Vista Subdivision, Oriental, North Carolina). It also serves as a
follow up of our May 23, 1997 meeting with Mr. Futrell of your firm. The proposed dock
would be 40' wide, be positioned parallel with the shoreline and extend 4' out into the manmade
canal off Pierce Creek.
The Division of Coastal Management has given your objections careful consideration and
has determined that the project as proposed is consistent with the appropriate rules and
regulations of the Division. Consequently, the Division issued a general permit on May 27,
1997 to Mr. Ellis Boudreault for the proposed dock.
If you wish to appeal this permit decision, you may file a request with the Director of
the Division of Coastal Management, Department of Environment, Health, and Natural
Resources within 20 days of the permit decision. As you requested, I have enclosed a copy of
the permit. If you have any questions regarding this matter, please don't hesitate to contact me
my Morehead City Office (919-808-2808).
ly C
c�
Charles S. Jones
District Manager
Enclosure
cc: M. Ted Tyndall - DCM
Ellis Boudreault
Hestron Plaza li, 151 B, Highway 24, Morehead City NC 28557 N��y.
Voice 919-808-2808 FAX [phone] Courier 11-12 09 1 � C An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper

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APIAC Tr RIPARIAN P"WrY OWNI R S'TATIAWr
10
I hereby certify that I own property adjacent to Mr. & Mrs. James O'Leary
rop<:rry located at Lot #37, Styron Drive, Oriental, NC
(lot, block, road, etc.
n Pierce Creek i11 Oriental
(body of water) (town)
orth Carolina in Pamlico County. The pxoposal has beam described to me " shown i;ei";
rk: dcvelopment, a Pierjbulkhead4ijtpjQjM, and this propoikd location, and I have no
(circle Ona
t.i3cctions to the proposal. I understand that if the developnunt 16 a piar, it a4ust
,c wt back a minima distance of 15 feet from my arae of riparian ac cess unless waLvcd
'f ne. t do/ c3a not wish to waive UiAt setback requirumient.
(circle am)
.-:scription and/or draw - ,�,�� 1IRIY16' led in by individual
'roposing development.) Ijr — — paI ,Y-SSTRUCTURE AND THE
15TAKE U71WErEN EACH %W,, 60
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«original must be retained in the Inspection Department)
SigWture
date
Name P1 oast— P

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MAY 2 a.� 1991 •{
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MAILING ADDRESS:
POST OFFICE BOX 218
BAYBORO. NC 28515
TELEPHONE:
rr�++lssi..�i�If�.J `/�JLJ IJ
919-745-5115
FACSIMILE:
919-745-5917
May 20, 1997
Mr. Ted Tyndall
Coastal Field Representative
N.C. Division of Coastal Management
Hestron Plaza II
151-B Hwy. 24
Morehead City, NC 28557
RE: James C. O'Leary
Dear Ted:
I have been employed by Mr. and Mrs. James C. O'Leary in
connection with their Lot 37, Block A, Addition III of Sea Vista
Subdivision -Pierce Creek area. Apparently, there has been some
question raised in connection with the O'Learys being vested with
riparian rights. I am enclosing a copy of a survey which was
performed on behalf of the O'Learys at the time of the purchase.
I believe the survey clearly indicates that the southwestern line
of the lot was the edge of the canal. Based on this, I know of
no reason why they would not have riparian rights in the canal.
If you have any questions in connection with this, please do
not hesitate to call me.
BBHjr:ljj
Enclosure
Sincerely,
HOLLOWELL
Hollowell, Jr.

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LOT SURVEY FOR
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ELIZABETH A. O'LEARY
LOT 37, BLOCK "A" ADDI TION III , SEA VISTA
PIERCE CREEK AREA
ORIENTAL , PAMLICO CO.,N.C.
SCALE: I = 50'
SU2VEY,E:1] BY WILLIAM H. LITLEY ,'AssauATes
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SUNBELT ASSOCIATES
REAL ESTATE INC.
May 17, 1997
Mr. Ted Tyndall
N. C. Division of Coastal Management
Hestron Plaza ll, 151-B Hwy 24
Morehead City, NC 28557
Dear Ted:
�www�rwww��,i
I have just received some information that may be helpful in your permit
decision of lot 4r-437 on Styron Dr. in Oriental.
It is a recorded Declaration by the State of North Carolina, dated May 10.
1995. denying title to the submerged lands owned by the Dolphin Company.
the developer of the Sea Vista Subdivision of which lot 1-37 is a part. While
this declaration denies ownership of the submerged lands by the Dolphin
Company, it specifically notes that this resolution "does not affect or impair
the common law riparian or littoral rights running with lands located above
the high water mark. A copy of this declaration and the deed to which it
refers is enclosed.
Based on this information, it would appear that the submerged lands in Sea
Vista are NOT privately owned as I had previously believed.
I understand that you may visit Pamlico County during the week of the 19th.
Please give me a call if you can meet with me for a few minutes during this
visit. Thank you.
Vere truly ,,,ours,
441-W
Nick Santoro
Buyer's Agent
Post Office Box480, Broad Street * Oriental, North Carolina 28571 • 919-249-2867
72 -�
Sailing Capital of North Carolina

Book '30-4 Fe F � f�)
Return: Div. Marine Fisheries, Submerged tands, 00 Box 769, Morehead City, NC 28557
STATE OF NORTH CAROLINA FILED
PAML:CO COUNTY
IN RE CLAIM OF
The Dolphin Company of Oriental
TAKE NOTICE:
TAX 1. L). NO.:
'95 MY 10 P19 2 00
`) DECLARAT QN_OF'FINALr f+,R;atl
RESLUTION OF
) CLAIM_TO SULIMFRGED LANdS.'
1. Pursuant to G.S. 113-205, 113 206 and the rules promulgated thereunder, the Secretary of
the North Carolina Department of Environment, Health, and Natural Resources, through his
designee, the Director of the Division of Marine Fisheries, has issued a final resolution
pursuant to G.S. 113-206 and 15A NCAC 01 G.0103 concerning the submerged land claim
originally filed by The Dolphin Company of Oriental.
2. The lands subject to this final resolution are limited to those submerged lands which were
claimed by The Dolphin Company of Oriental pursuant to G.S. 113-205 and are described
more fully in the following:
Deed Book 153 Page 106, Pamlico County Register of Deeds
3. As the successor in interest to the original claimant, The Dolphin Company of Oriental, the
current claimant, The Dolphin Company of Oriental, asserted title to the submerged lands
covered by the claim.
4. The interest now claimed by The Dolphin Company of Oriental in the lands described has
been denied. This final resolution does not affect or impair the common law riparian or littoral
rights running with lands located above the high water mark.
5. Notice of this final resolution has been duly served on Tho Dolphin Company of Oriental by
certified mail.
6. "rhe Secretary directs that this declaration be recorded under The Dolphin Company of
Oriental in the grantor index and cross-indexed under the State of North Carolina in the
grantee index in the PAMLICO County Register of Deeds.
This the 12-4 — day of "I `L -- 19
RETURNED
r� a r E RETURNED:
JONAT iApd B. HOWE
to
By. �
Bruce Fre" , irector
North Carolina ivision of Marine Fisheries
DepartrTrent o Environment, Health, and
Naturol Re • urces
Pursuant -to 15A NCAC 01G.0103(3)

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sarx 153 Pa 106
PREPARED BYt E. HOOVER TAFT, JR., ATTORNEY
NORTH CAROLINA
PAMLICO COUNTY
THIS DEED, made and entered into this the 30th day of July , 1969,
of Pamlico County,
by and between John W. Bond and wife, Fay M. Bond,/and Edward G. Bond and wife,
Elva C. bond, of. Bettie County, North Carolina, parties of the first part, to
The Dolphin Company of Oriental, a corporation organised and existing under and
by the laws of the State of North Carolina, with its principal office in the
City of Greenville, Pitt County, North Carolina, party of the second pard
S E TLit r
That said parties of the first part, for and in consideration of the sun
of TEN ($10.00) DOLLARS and other valuabli considerations to them in hand paid
the party of the second part. the receipt of which is hereby acknowledged, bave
bargained, sold, and conveyed and by these presents do hereby bargain, sell,
and convey unto the party of the second part. its successors and assigns, all '
in or
those certain tracts or parcels of land/near the Town of Oriental, Pamlico Count is
North Carolina, and more particularly described as follows, to -vitt
TRACT 10. It A certain tract or parcel of land containing two hundred
twenty-seven and seven -tenths (227.7) acres, on the north
shore of Neuse River and on the west side of Pierce Creek, it being approximatel
one mile down river from the Town of Oriental and being bounded now or formerly
on the south by Neuse River, on the northeast by Pierce Creek, on the northwest
by the lands of H. A. Hargett and J. B. Warren, and on the southwest by the
Aldridge and Parsonage Roads and the lands of Parish and Cibbs. Said land is
particularly described by metes and bounds and courses and distances according
to a survey thereof made by Darrel D. Daniels, C. E., November 15, 1956, in the
contract of purchase and sale between Eva Hae Lewis, "seller", and John W. Bond,
"buyer". dated January 14, 1964, and recorded in Book 139 at page 60, Pamlico
County Registry, which description is referred to for a mora complats and
accurate description.
ALSO, those items of farm equipment described as follower
One (1) John Deere 3020 tractor
One (1) 121 Disc Harrow
One (1) cultivator
One (1) Planter (1-4 row)
One (1) Tobacco looper i
One (1) Farmall tractor
One (1) Section Harrow
One (1) Tobacco Transplanter
Other Misc. (including tobacco sticks)
The conveyance of the land above described is made subject to a Dead of
t from the parties of the first part to Bernard B. Hollowell. Trustee, and
Eva Mae Lewis dated June 24,'1965,' recorded in Book 141, Page 742, Pamlico Count
Registry, in the original amount of ;64,000.00, said deed of trust taw havinj a
balance due of $48.000.00.
.17
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`� � .tit:+fir'rY+�iY•�6:ipk..l�:.,�.F.��:.:�Wi►�N�l,il�...«LN.111.� +4i.MSMo�e:..:+ea�.nr.��+�,�,{r«ir'.t,a. ,� G -- � -t �+���� {
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BQOK M PA91LU;)
1
NORTH CAROLINA# �✓�. County.
ILe� .. ✓' �-[` �/�//'V ,
. A V
it in and for the said County and State do hereby certify that n �%
and9.it�,.�V�l�tl/ all
his wife, personally app e4 ifor 'ntytt is
�. ��. •. iii! � , : � �. I � •
day and acknowledged the due execution of the foregoing deed of conveyance,'':'
f Witneea my hand and � �i sea! this ( day of-,lt'Utr i� 196 �•� 5i I
v -
4 My e,Ommission expires day of �•'«`'` , 196- �i �.w n
r, � � ty � - . .. • , ... ..• . P LIC O. ....... y • . � t'" "_" •. ,
a . STATE OF NORTH CAROLINA,
............. Count
t � The foregoing certificate........ ot......�•..............................................
a Notaty Public of..... County, State of North Carolina is certified to be cor-
rect. This instrument was presented for registration this day and hour and duly recorded in the of-
fice of the Re itjter of Deeds of......�'a.it4'o.......... County, N. C. In Book pp..�cr3..., Page...
....
f �.. day ol........ . at .................... , A.D., 18.69... at.J..�..... o'alock..•..3r1.
..., 11_ By....:...................Assistant Register of Deeds
Legis r
t r
t r� �:.y�, r r hyy ti}y.�2�t i{1�,,i.it 'at.'���'��i 1�,1'`,��I !}'�'� f � `;;h'It�!,{^T'r+(�'"• 1��.s-,,.
N. Y i ,! ,��';krz ?:�%1C' �.; :�� , 't, i b G ` t • •ti � �'i t , �. :t W,%i � 9., .!'a�tN�17y?'V�'4' f

f 153i07
The conveyance of the fares equipment above described is made subject to .
A Chattel Hortgage of $2,7,00.00.
TRACT NO. 21 That certain tract or parcel of land adjoining the Town of
Oriental lying and being on the northeast aide thereof and
on the east side of N. C. Highway 455 and lying to the south of Silver brook
Road and bounded on the east by Whitaker's Creek and on the south by the Neuse
River, and being a portion of the property shown on a plat prepared by L. T.
Livermon. Jr., Registered Land Surveyor, dated January 29, 1963, entitled
"River Shore property, formerly Midgette land, owned by Mrs. Nellie Bond Askew.
located in Oriental in Township 15, Pamlico County, North Carolina", a Copy of
which map is recorded in Map Book 3 at Page 96 of the Pamlico County Registry.
and being more particularly described as follows:
BEGINNING at a point in the northeastern edge of the Neuse River designated
is Point No. I on said map and following the eastern boundary of said tract to
Pi -int No. 16, and running thence with the eastern edge of N.' )C. Highway 055 to
Po nt No. 49. and running thence from Point No. 49 to Point No. 66 in the run
of lhitaker's Creek; and running thence with Whitaker's Creek to the Neuse River
and running thence with the Neuse River to the BEGINNING;
There being expressly EXCEPTED from this description those lots in the
Neue! Heights Subdivision as shown in Map Book � � Page 115, SAVE AND EXCEPT
th.e S)llowing lots which are expressly INCLUDED in this deecriptionr The
iorthern 37 feet of Lot 40, Lots 41 through 56, Lot 60 and Lot 65.
This Tract No. 2 containe approximately 310 acres, more or less.
The conveyance of the land described in Tract No. 2 above is made subject
to a 'Deed of Trust from the parties of the first part to R. W. Howard, Trustee.
and Wichovia Bank 6 Trust Company dated January 210 1965, recorded in Book 140,
Page 7. 5, Pamlico County Registry, in the original amount of $30,000.00, said
deed of trust now having a balance due of $18,000.00.
This' conveyance is made subject to 1969 razes.
TO HIVE AND TO HOLD said tract or parcel of land, together with all privies
leges and appurtenances thereunto appertaining, unto it, the said party of the
second part, its successors and assigns, in fee simple absolute forever.
And the said parties of the first part, for themselves, their heirso
assigns, executors, and administrators, covenant to and with the said party of
the second part, its successors and assigns, that they are seised in fee simple
3 of said premises and have the right to convey the same in fee; that the same are
free and clear of my and all liens and encumbrances whatsoever EXCEPT AS NCREIN
ABOVE SET OUT and that they will forever warrant and defend thetitle to the rase
against the lawful claims of all persons whomsoever.
�R ,. v5. ..i a+.. `.�•-I. �.••.v+. ' ` �Q tt 7
r�•�V�+.M.'�!'�.wr
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153 x'108
IN TBSTIM PY WHEREOF* Said parties. of the firat part haw are
their bands and •*also all this the day and Year first above written.~,,
J n W. Bond
• �%% . (SEAL)
payy Bond
adward 0. Bond —CSS)
SFAQ
Elva C. bond
NORTH CAROLINA'
COUNTY OF PITT
I, _ Mantle B. Stafford
a Notary Yublie in and for the County �
and State aforesaid, do hereby certify that John W. Bond and wife, Tay M. Bond,
and Edward C. Bond and Was E1-va C. Bonds each personally appeared before us
this day and acknowledged the due execution of the.foregoing instrument for
the purposes therein expressed.
Witness my hand and notarial•sial this the 30th day of Jul
0 _
Notary Plio
' ' • 11y coamiseion ex irse
p r ice,b°�i u
1 NORTH CAROLINA �I � .►''. �, •'N i �pT' 11 � �` .
PAMLICO COUNTY
y. NORTH CAROLINA •trw'°ki• ' 'i (''f��l
PAMLICO COYIM
The rep erti ate....
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of Pamlico County.
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by and between John W. bond and wife, Fay M. Bond,/and Edward C. bond and wife,
.
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.
The Dolphin Company of Oriental, a corporation organised and existing under and
,
by the laws of the State of North Carolina, with its principal office in the
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City_,of Creenville,,Pitt County, North Carolina, party of the second partl
+
W I T N E S S E T He
. �...�.. ; ., ..Y..*,.it'
That said partiss'of the first part. for and in consideration of the sum
rA
W
of TEN ($10.00) DOLLARS and other valuable considerations to then in hand paid
1'
by the party of the second part, the receipt of which is hereby acknowledged,
r
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1
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of Pamlico County.
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by and between John W. bond and wife, Fay M. Bond,/and Edward C. bond and wife,
.
.y
0 .,
-.
.
The Dolphin Company of Oriental, a corporation organised and existing under and
,
by the laws of the State of North Carolina, with its principal office in the
� 1
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City_,of Creenville,,Pitt County, North Carolina, party of the second partl
+
153 wa 109 .
PREPARED BY: E. HOOVER TAFT, JR., ATTORNEY
NORTH CA90LINA
P"LICO COUNTY
THIS DEED, made and entered into this the j th day of July 1969,
1
_
of Pamlico County.
by and between John W. bond and wife, Fay M. Bond,/and Edward C. bond and wife,
Elva C. bond, of Derti�; ,MN� [y�,�North Carolina, parties of the first part. to
0 .,
-.
.
The Dolphin Company of Oriental, a corporation organised and existing under and
,
by the laws of the State of North Carolina, with its principal office in the
� 1
i
t ,�
City_,of Creenville,,Pitt County, North Carolina, party of the second partl
+
W I T N E S S E T He
. �...�.. ; ., ..Y..*,.it'
That said partiss'of the first part. for and in consideration of the sum
rA
W
of TEN ($10.00) DOLLARS and other valuable considerations to then in hand paid
1'
by the party of the second part, the receipt of which is hereby acknowledged,
r
have bargained, sold and conveyed and by these presents do hereby bargain, sell,
and convey unto the party of the second part, its successors and assigns. -all
-- '
those certain lots or parcels of land •in" the Town of Oriental. Pamlico County.
.
North Carolina. and more particularly described as follows. to -wit:
Being all of Lots Noe. Three(3). Seventy-five (75), Eighty-one (81).
Eighty-two (82), and Eighty-five (85) through Ninety -ores (91) as shown on
•„ .
plat prepared by L. T. Livermon, Jr., Registered Land Surveyor, recorded in
Hap book 5 at page 115 of the Pamlico County Registry.
This conveyance is made subject to 1969 taxes.
- 1
TO HAVE AND TO HOLD said lots or parcels of land, together with all privi-
leges and appurtenances thereunto appertaining, unto it, the said party of the '
second part, its successors and assigns, in fee simple absolute forever.
And the said parties of the first part, for themselves, their heirs,
}
assigns, executors, and administrators, covenant to and with the said party of
the second part, its successors and assigns, that they are seised in fee simple
of said premises and have the right to convey the same in fee; that the asa,e are
free and clear 6foany and all liens and encumbrances whatsoever and that they
j
will forever warrant and defend the title to the same against the lawful Blains
,
Df all persons whomsoever.
•-
11
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, t } IjITT
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Slob,
s
My � 153 PAGE 110
R. W. Howard. Trustee, and Wachovia Dank 6 Trust Company join in the
execution of this deed for the purpose of releasing and conveying. and they
do hereby release and convey unto the said party of the second part, its
successors and assigns, the lots above described so that the same shall be
free and clear from the lien of that certain deed of trust from John V. Bond
and wife, ray M. Bond, and Edward 0. Bond and wife, Elva C. Bond, dated
January 21, 1963, of record in the Pamlico CountT Registry in Book 140, Page
I
753, Pamlico County Registry.
IN TESTIHo,7Y WHEREOF, tha said Jobb W. Bond and wife, ray W. Bond, and
Edward C. Bond and wife, Elva Co Bond, and R. W. Howard, Trustee, have hereunto
set their hands and seals, and the said Wachovia Bank b Trust Company has
caused this Instrument to be signed in its name by its Vice-Pr,suident and
attested by its Secretary, and sealed with the common corporate gsal by order
of its board'of Directors duly given, chis he y and year first above writtou.
l.C�. (SEAL)
• . .rn W. Bond
117 %Jew,/ (SEUL)
Fay M. Bond .�
• ' � Edward Q Bo
n
(8UL) �.rr
Elva C. Bond
1
R. W. Howard Trustee
r
i CI%��
-X
i
s
My � 153 PAGE 110
R. W. Howard. Trustee, and Wachovia Dank 6 Trust Company join in the
execution of this deed for the purpose of releasing and conveying. and they
do hereby release and convey unto the said party of the second part, its
successors and assigns, the lots above described so that the same shall be
free and clear from the lien of that certain deed of trust from John V. Bond
and wife, ray M. Bond, and Edward 0. Bond and wife, Elva C. Bond, dated
January 21, 1963, of record in the Pamlico CountT Registry in Book 140, Page
I
753, Pamlico County Registry.
IN TESTIHo,7Y WHEREOF, tha said Jobb W. Bond and wife, ray W. Bond, and
Edward C. Bond and wife, Elva Co Bond, and R. W. Howard, Trustee, have hereunto
set their hands and seals, and the said Wachovia Bank b Trust Company has
caused this Instrument to be signed in its name by its Vice-Pr,suident and
attested by its Secretary, and sealed with the common corporate gsal by order
of its board'of Directors duly given, chis he y and year first above writtou.
l.C�. (SEAL)
• . .rn W. Bond
117 %Jew,/ (SEUL)
Fay M. Bond .�
• ' � Edward Q Bo
n
(8UL) �.rr
Elva C. Bond
ORTR CAROLINA Sr.
COUNTY Or PITT
Ir _Bartle B, Stafford , a Notary Public of said County and State
do hereby certify that John V. Bond and wife, ray M. bond, and idward C. Bond
and wife, Elva'Co bond, personally appeared before as this day and acknowledged
the due execution of the foregoi S-instrustent. .
r ... ��, ��. t�"�a1�1F�ji.'''�,�,+ji�?!,�`�:F•i ��;�'�� ��T ija/�� �{., 1.r��',�.i.•' .�,n�}�d'1•�p't�lt�� `y��v '4:1i�'M�r; /V<a
T '77 777171
;.
R. W. Howard Trustee
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WACHOV I 6 TRUST COMPANY
� };
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BY .(eta
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+vrf �
Yice-Pruideat
, �.
No
Secretary
ORTR CAROLINA Sr.
COUNTY Or PITT
Ir _Bartle B, Stafford , a Notary Public of said County and State
do hereby certify that John V. Bond and wife, ray M. bond, and idward C. Bond
and wife, Elva'Co bond, personally appeared before as this day and acknowledged
the due execution of the foregoi S-instrustent. .
r ... ��, ��. t�"�a1�1F�ji.'''�,�,+ji�?!,�`�:F•i ��;�'�� ��T ija/�� �{., 1.r��',�.i.•' .�,n�}�d'1•�p't�lt�� `y��v '4:1i�'M�r; /V<a
T '77 777171
;.

C r•
WARD AND SMITH, P.A
ATTORNEYS AT LAW
120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE, N.C. 27835-8088
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7068
TELEPHONE [phone]
FACSIMILE [phone]
VIA TELECOPIER
ORIGINAL VIA U.S. MAIL
1001 COLLEGE COURT
POST OFFICE BOX 867
NEW BERN, N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
May 5, 1997
Mr. Ted Tyndall
Department of Environment, Health
and Natural Resources
Division of Coastal Management
151 B Highway 24
Hestron Plaza II
Morehead City, North Carolina 28557
i P,7;77771
,i
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE [phone]
RE: Objection to LAMA Permit for Lot #37, Styron Drive
in Oriental, North Carolina
Dear Mr. Tyndall:
Mr. William Follendorf of 91 North Main Street, Warsaw, New
York 14569 owns property (Lot 50, Ensign Drive; Lots 38 and 39,
Styron Drive) in Oriental, North Carolina. He has retained our law
firm to represent his interest upon receiving notification of an
intent to construct a dock on an adjacent property (Lot 37, Styron
Drive) in Oriental, North Carolina.
The purpose of the letter is to file an objection on his behalf to
the construction of the dock as presently proposed. A primary
concern is that the location of the dock as proposed, along with
any vessels moored thereto, necessarily will interfere with Mr.
Follendorf's long-established use rights for his vessel in this
area. As you know, Mr. Follendorf's vessel must utilize the canal
area in the vicinity of the proposed CAMA dock development in order
to safely maneuver his vessel to and from his long -existing dock.
Pursuant to relevant provisions of CAMA and its implementing
regulations, including but not limited to 15A N.C. ADMIN. CODE
07H.0207 (a) (rights in artificially created waters) , 15A N.C. ADMIN.
CODE 07H.0207(d) (indirect impairment of existing public trust
rights of navigation) , 15A N.C. ADMIN. CODE 07H.0208 (all use
standards) , and 15A N.C. ADMIN. CODE 07H.0208 (b) (6) (use standards
for docks and piers). Note especially 15A N.C. ADMIN. CODE
07H. 0208 (b) (6) (E) , which provides at the very outset that "Piers
shall not interfere with the access to any riparian property and
shall have a minimum setback of 15 feet . . . .11 It is clear from

WARD AND SMITH, P.A.
Mr. Ted Tyndall
May 5, 1997
Page 2
the use of the word "and" that the initial mandatory statement of
no interference with any existing riparian access rights is in
addition to the 15 foot setback requirement.
Put another way, the fact that a permit applicant may have
satisfied the 15 foot setback requirement has no bearing on whether
he or she has complied with the mandatory first clause of this
important use standard regulation. Mr. Follendorf has a long -
existing riparian access use of the waters in the narrow canals
that these riparian properties front onto. For any vessel of
significant length to be able to maneuver in this area requires the
use of the side canal where this new pier development is proposed.
In addition to the above, on behalf of Mr. Follendorf, we request
that your office determine the legal status of ownership of the
bottom of these canals prior to acting on the instant permit
application. These canals clearly are not natural water bodies,
but rather were created artificially. Mr. Follendorf asserts any
and all private title rights available to him with regard to both
the bottom and water column immediately above his properties,
including all of Lots 38, 39 and 50 as shown on the enclosed
documents. It is critical that the scope and extent of private
versus public trust rights be clarified in the canal areas at issue
in this permitting matter prior to any final permit decision by
your office.
As an additional formality, enclosed is the signed objection form
that Mr. Follendorf received on or about April 28, 1997. Please
also provide the undersigned with a complete copy of the permit
application, field report and any other documents in this permit
file. Please also provide us, as agent for Mr. Follendorf, with
copies of any subsequent documentation received or generated by
your office regarding this matter, specifically including a copy of
any final permit decision.
Should you or your staff have any questions or desire additional
information regarding these issues, please feel free to contact my
associate, Mr. Robert Futrell, or my paralegal, Mr. Doug Lindeman.
Yours truly,
I. Clark Wright, Jr.
ICW:del
WSMAIN/219254
Enclosures
CC: Mr. William E. Follendorf
Mr. Nick Santoro
Mr. Robert E. Futrell, Jr.

MAY, -01-97 09:40 PM WYOMING DRUG 786 3217 P.01
SUNBELT ASSOCIATES
Mr. William Follandort
91 N. Main St.
Warsaw, NY 14569
I )car Mr. Follande�rt
REAL ESTATE INC.
Re. C4 4A..BP► 't r it
April 23, 1997
Thank you ('or stopl)ing by my oirce to express your micerns about the
1 (:AMA peer permit that is beingapplied for on I,ot #37,,adjacent to your
a 1p
I property oil 5tyron Drive in Orienial.
I had hoped to have: you moct with the party who is seeking this pertliit to
perhaps discuss modifications that might be mutually acceptable. I sincerely
regret that you did not agree io have such a mectlllg.
F,nclosed you ivill Find a ''10 Day Adjacent Rivarian Lando-vvnerNotifcati(An
I~ot'tn" which includes a drawing of the proposed pier. Please review it
carefully and iriclicate «lretlW or tic}t YOU abject to this project. Ifyou have
no objcctiun, please indicate that in file space provided, sign, date, rind
return this Firm to me in the enclosed self' addressed stamped envelope.
I you object. please indicate that in the place provided. sign and date the;
form, and sc:id this form to NC Division of Coastal k6nagement at the
address shown to the attention of Mr. Tett "l'yndall. If they d:) not hear ti,om
You within 10 days of your receipt of this letter, they will assume you have
no objection to tills tv-orl,
rhank you,
V true yours,
i auto
Buyer's Agent
Post Office Box, , Bread Street • Oriental, North Carolina 28571 0 919-249-2867
Sailing Capital of North Carolina
]Dmr M r, _.F o l l a 17f :
'r'his letter is to notify you as an adjacent riparian landowner of mr/Mrs
011eary plates to Construct private pier
on their property located at Lot #37, Styron Drive, Oriental, NC
:.,
"—I— Wr 'il%P ckp.t,-.h nn the reverse side accurately depicts the

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proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to, Sun be It Assoc; i a tcs
Rga1 Estate, Tnc,,Po Box 8801 oriental, NC 28571
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N. C, Division of Coastal Management, Hcstron Plaza 11, 151-B Hwy 24, Morehead City, NC
28557. Written comments must be received wit in.(IQ)days of receipt of this notice.
Failure to respond in either method within (10) dayl will be interpreted as no objection.
Sincerely,
Nick Santoro
Sunblet Associates heal Estate, Inc.
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229,
1 have objections to the project as presently proposed and have enclosed
comments.
Signature 6r� ,- l✓�• �m €��%'
DATE: _ C2 _

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SUNBELT ASSOCIATES
REAL ESTATE INC.
May 3, 1997
Mr. Ted Tyndall
N. C. Division of Coastal Management
Hestron Plaza II, 151-B Hwy_ 24
Morehead City, NC 28557
Dear Ted:
a �
hAY 0 6 1997 �
Several weeks ago, you made a site visit to Lot =-37 on Styron Drive in
Oriental to review pier permit sought by Mr. Ellis Boudreault, who is under
contract to purchase this property if this permit is granted.
On March 29th I wrote to Mr. & Mrs. Whipple explaining the situation and
requesting their approval, a copy of their statement of approval is enclosed.
On March 31 st I wrote to Mr. William Follandorf expalining the situation
and requesting his approval. Mr. Follandorf not only owns the adjacent
riparian property, he also owns the riparian property across the dredged
canal from lot -'37 which currently has two docks constructed on it. Mr.
Follandorf did not return the Adjacent Riparian Property Statement I sent
him. He did call me several days later to inform me that he was planning to
visit Oriental around the middle of April and that he might be willing to
discuss the proposed project at that time.
I set up a meeting between Mr. Follandorf Mr, Boudreault. and myself for
9:00 AM on the morning of April 21 st, but Mr. Follandorf elected not to
attend this meeting or to meet with Mr. Boudreault to discuss any mutually
satisfactory modifications to the proposed dock. Mr. Follandorf did stop by
at my office later that week to tell me that, as the owner of a 55' long power
boat which he keeps moored at one of the two docks he owns on the
property across the canal from lot X37 he Nvas opposed to the construction of
Post Office Box W, Broad Street • Oriental, North Carolina 28571 • 919-249-2867
Sailing Capital of North Carolina

the dock being requested by Mr. Boudreault, since the presence of this dock
and any boat which might be tied to it would inhibit his ability to turn his 55'
long boat around in the remaining space.
On April 23, 1997, I sent Mr. Follandorf a "10 day" letter via Certified Mail,
Return Receipt Requested. Delivery of this letter was signed for on April
28th. Mr. Follandorf called me on Friday, May 2nd, to inform me that he
had received my letter and had referred the matter to the law firm of Ward &
Smith in New Bern and that I should direct any further inquiries on this
matter to thein.
Due to the difficulties and delays encountered in dealing with Mr. Follandorf
over the past month, Mr. Boudreault has be unable to close on the purchase
of Lot #37 due to the uncertainty surrounding the issuance of the permit he
seeks.
Mr. Boudreault is still very anxious to secure his pier permit and close on
this property, so that he may start construction of his home, since he and his
family are currently renting locally until this can be accomplished.
The purpose of this letter is to bring you up to date on this situation, to ask if
there is any additional information you need from me and to request that you
let me know if Mr. Follandorf, or his representatives, formally object to Mr.
Boudreault's project within the 10 day response period. If they do object,
which I expect they will, I would also like to be informed of their objections,
so that I can pass this information along to Mr. Boudreault.
Thank you for your help in this matter.
Very truly yours,
Od 'Ce
Nick Santoro
Buyer's Agent

S
SUNBELT ASSOCIATES
REAL ESTATE INC.
Mav 7, 1997
Mr. Ted Tyndall
N. C. Division of Coastal Management
Hestron Plaza II, 15 1 -13 Hwy 24
Morehead City, NC 28557
Dear Ted:
MAY 0 8 1997
I have received copies of the information sent to you by Clark Wright of
Ward and Smith on behalf of Mr. William Follandori owner of lots 438 and
#50 in the Sea Vista Subdivision who is objecting to the issuance of a pier
permit on lot x=37.
I would like to address the question of ownership of the bottom of the
dredged canal system which is included in this Subdivision. Enclosed you
will find a photocopy of the recorded plat of the Sea Vista Subdivision -
Addition III which includes the lots in question. This plat is dated October
24, 1978. Also enclosed is a copy of the Subdivision Covenants that were
created by the developers to address various concerns related to property
ownership in this Subdivision. These Covenants were duly recorded in Mav_
of 1980. All of the deeds of conveyance of lots refer to these two recorded
documents.
For your convenience, I have "blown ftp" the portion of the Subdivision Plat
the shows lots #37, 38, and 50. You will note that the Plat shows the
notation, "Cl- CANAL IS PL" (centerline of canal is property line). Each lot
that fronts on a dredged canal shows property lines that intersect the
centerline of that canal. According to this Plat lots #50, 38, and 37 each
have property lines that join canal center lines. On the portion of the canal
on which lot =r37 fronts, the Plat shows that lot 7#37's property line runs to
the middle of the canal. suggesting that lot '437 owns the bottom of about
Post Office Box 8r', Broad Street • Oriental, North Carolina 28571 • 919-249-2867
/ Sailing Capital of North Carolina

half of that canal. The other half of the canal bottom is shared by lots 38
and 50, both of which are owned by Mr. Follandorf.
If you look at the recorded Subdivision Covenants, item #5 stipulates that
"Any lot owner in this subdivision shall have the right and privilege of
ingress and egress through the creek or channel using care not to damage the
property of the other lot owner." Item 48 of the Subdivision Covenants
stipulates that a Board of Supervisors consisting of five property owners
shall have the duty and power to, " have sole authority to adjust any disputes
concerning the unreasonable obstructing of ingress and egress through such
channels."
This information suggests that the bottom of this canal system is not owned
by the State of North Carolina, but by the property owners and that the
owner of lot #37 owns at least half of the bottom of the canal on which it
fronts.
Included in the information supplied to you by Ward & Smith is a photo
copy of a survey done for Mr. William E. Follendorf and wife June G.
Follendorf by Hugh Harris, Jr., a registered land surveyor dated November
9, 1992. In addition to the professional work done by Mr. Harris, there are
some additional lines and numbers done in pen by someone other than Mr.
Harris. There is a dotted line drawn out into the waters of the canal in front
of lot #37 with the notation "lot #38 before dredging (in 80's)". You will
note that this notation was not done by a mechanical printing device which
would have been used by any professional land surveyor. I interviewed Mr.
Harris this morning in my office and he said he has absolutely no
recollection of having made these questionable notations. It is possible that
these penned in lines and notations were made by some one other than a
professional engineer in an attempt to create the misleading impression that
Mr. Follandorf owns the major portion of this particular canal bottom. I can
find no official recorded document at the Pamlico County Courthouse that
shows these same penned in lines and notations.
Also enclosed you will find a copy of the deed that was issued to Mr. & Mrs.
Follandorf when they purchased lot #38 in October of 1993. That deed
refers to the property description contained in the Sea Vista Subdivision -
Addition III, mentioned above, the restrictive covenants (a copy of which is
enclosed), and a survey done by Hugh Harris, Jr., registered land surveyor,

r
dated November of 1993. The survey by Mr. Harris bears the notation,
"property extends into canal only as riparian rights". Neither this Harris
survey, the recorded subdivision plat, the deed nor the recorded covenants
suggest that Mr. Follandorf is entitled to any more than half of canal bottom
in front of Lot #37.
Included in the information sent to you by Ward & Smith, there were two
drawings showing the canal, Mr. Follandorf s boat, and one of the two docks
he owns. Missing from both drawings was the location of a second dock he
owns, which I understand he rents and the boat tied to it. This dock is
located in the same canal that lot #37 fronts on and adds to his difficulties in
turning his large motor cruiser. I have added this dock to both drawings in
green.
Please call me to discuss any questions you may have on this information
and let me know if there is any additional information you need before a pier
permit can be issued on lot #37.
Thanks.
Verv, truly. our ,
Nick Santoro
Buyer's Agent

SUNBELT ASSOCIATES
REAL ESTATE INC.
Mr. William Follandorf April -23,1997
91 N. Main St.
Warsaw, NY 14569
�u:
Dear Mr. Follandorf:
Thank tiou for stopping by my office to express your concerns about the
CAMA pier permit that is being applied for on Lot 437, adjacent to your
property on Styron Drive in Oriental.
1 had hoped to have you meet with the party who is seeking this permit to
perhaps discuss modifications that might be mutually acceptable. I sincerely
reset that you did not agree to have such a mecting.
Enclosed you will find a "10 Day Adjacent Riparian Laiidowncr Notification
Forul" which includes a drawing of the proposed pier. Please review it
carefully and indicate whether or not you object to this project. 1f•you have
no objection, please indicate that in the space provided, sign, date;, and
return this form tome in the enclosed self addressed stamped envelope.
if ,You object, please indicate that in the place provided. sign and date the
iorm, and send this form to NC Division of Coastal Management at the
address shown to the attention of Mr. Ted Tyndall. If thoy do not hear from
you within 10 days of your receipt of this letter, they will assume you have
no objection to this work.
Thank- vou.
V �ry trt y yo rs,
N -ick Sang ro
Buyer's Agent
Post Office Box _6W, Broad Street • Oriental, North Carolina 28571 • 919-249-2867
Sailing Capita of North Carolina

StNUtH:
is Complete Items 1 and/or 2 for additional services.
I also wish to receive the
is Complete items 3, 4a, and 4b.
following services (for an
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■ Attach this form to the front of the mahpiece, or on the back if space
does not
1. ❑ Addressee's Address
perm t.
■ Wnte'Retum Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
a
3. Article Addressed to:
4a. Article Number
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4b. Service Type
❑ Registered ACertified
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7. Date of Deli ery /
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5. Received By: (Print Name)
8. Addressee's Address (Only if requested
and fee is paid)
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6. Signature- (Addressee or Agent)
X
PS Form'2811, December 1994
Domestic Return Receipt
P 430 479 201
US Postal Service
Receipt for Certified Mail
No Insurance, Coverage Provided.
Do not use for International Mail Sea reverse
V�tpSire+) Jf1/
Number
tate,
& ZIP C e
Postage $�
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
rn
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Whom & Date Delivered
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Dear Mr. Follandorf:
This letter is to notify you as all adjacent riparian landowner of Mr/Mrs
O'Leary plans to construct private pier
on their property located at Lot #37, . S t y r o n Drive, Oriental, NC
in Pam 1 i c o County , NC. The sketch on the reverse side accurately depicts the
proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to: Sunbelt Associate s
Real Estate, IricL PO Box 880, Oriental, NC 28571
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N. C. Division of Coastal Management, Hestron Plaza 11, 151-B Hwy 24, Morehead City, NC
28557. Written comments must be received within (10.) days of receiRt of this notice.
Failure to respond in either method within (10) days will be interpreted as no objection.
Sincerely,
Nick Santoro
Sunblet Associates Real Estate, Inc.
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments.
Signature
DATE:

p

SUNBELT ASSOCIATES
REAL ESTATE INC.
Mr. William Follandorf
91 N. Main St.
Warsaw, NY 11569
Marsh 31. 1907
Re: CAMA Pier Perim
i
Dear Mr. Foiiandort
I am working with a couple (Mr. & Mrs. Al Boudreault) who are in the
process of* purchasing the vacant lot (Lot #37) next to yours on Styron Drive
Ili Oriental.
One of the provisions in the contract is that the buyers obtain a CANNA
per -mit to construct a pier prior to closing. It is standard proccdure in
applti In,", 6or a pier permit that each adjacent riparian property ow ncr be
notilied of the permit request. Attached is a firm showing; the project t61'
which a permit is being applied tor. The prgjcct calls ti)r a -10' long face
dock which will be no closer than 75' from your common property line with
lot i=37.
Plcasc look over the enclosed plan as shown on the Adjacent lZipLrian
Property Owner Statement and give me a call to discuss ally questions you
may ha4e oil this information. If you have no objections to this project,
please sinn and date the form at the bottom and return it to file.
Thanks.
Ve -V truly" ti ours.
tc � , antoro
Buyer's Agent
72,7
i Post Office Box 981, Broad Street • Oriental, North Carolina 28571 •919-249-2867
Sailing Capital of North Carolina

P 430 478 926
US Postal Service
Receipt for Certified Mail
No iriwrance Coverage Provided.
I ,...— .,- 1,.. Intornafinnal fvlaii i.Sae reverse)
SentV F7
b
Street 8 N9,StaAe,&
Post cZIP Codg
Postage
$
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Certified Fee
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Special Delivery Fee
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Whom & Date Delivered
Ret eip<y 40hom
e, & A2 AdIels,
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TO L P� & s `,
$
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�p [mark o to
SENDER: I also wish to receive the
■Complete items t and/or 2 for additional services.
in Complete items 3, 4a, anrt 4b. following services (for an
■Pent your name and address on the reverse of this form so that we can return this extra fee):
card to you. V
■Attach this form to the front of the mailpiece, or on the back if space does,not 1. ❑ Addressee's Address •�
permit.
■ Wnie'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery W
■ The Retum Receipt Mil show to whom the article was delivered and the date
delivered. Consult postmaster for fee. a
3. Article Addressed to: 4a. Article N`mbar v
l.J t L,L I rA �ULL 4 ofT.3d Y % ?-_ V
4b. Se ice Type
a / ❑ Registered �2ertified
/14 (7� ❑ Express Mail ❑ Insured E
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❑ Return Receipt for Merchandise ❑ COD
7. Date of Delivery
o
5. Received By: (Print Name) B. Addressee's Address (Only if requested
and fee is paid) t
H
6. Signature:
PS Form 3811, December 1994 Domestic Return Receipt

AWACLWr RIPARIAN PWPEM OWNER STATDNEN'r
I hereby certify that I own property adjacent to M r . & -Mrs. James 0 'Leary •
roperty located at Lot #37, Styron Drive, Oriental, NC
(lot, block, road, etc.
n Pierce Creek in Oriental
(body of water) (tcwn)
Orth Carolina in Pamlico Canty. They proposa►1 has been described to me as shown belt,«;
rk development, a pie r/bulkhead/utructuria, and the proposed location, and I have no
(circle one)
b)CCLions to the proposal. I understand that if the develoiment is a pier, it roust
c uet back a minimun diataroe of 15 test frog my arca of riparian access unless waived
nc. I do/ c3o not wish to waive that setback requirement.
(circle one)
r�r*****�********ARBA•e1����AA*�elielMelel�elAlf�el�wAre1*•..• *****r****�***********��....
•:ticription and/or drawi-n-c3�o' 1J1>''YE led in by individual
roposing development.) Z — Y - - STRUCTURE AND THE
i STAFCE UIVE N FACH PROP 60 ' fY'A' pA(/1iD
W09'WE —102.76' 20
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PREPARED BY
,JWELL i 1IOELOW1IL
%f100.NEY1 A7 LAW
JAYSO►,O. NC
28515
Boo
'93r %DEC 6 AN 10 2y
NORTH CAROLINA
PAMLICO COUNTY ,JOYCE E. CARAWAN
R-&�IS-TER OF DEEDS
PAMLIC0 CTJIL4TY. N.0.
THIS DEED, made and entered into this 25th day of
October, 1993, by and between HERBERT H. CLARK and wife, JOAN W.
CLARK, hereinafter called "grantors", and WILLIAM E. FOLLENDORF
and wife, JUNE G. FOLLENDORF, 91 North Main Street, Warsaw, New
York 14569, hereinafter called "grantees";
Nil I T N E S S E T H:
That grantors, for and in consideration of the sum of
ten dollars and other good and valuable considerations to them in
hand paid, the receipt of which is hereby acknowledged, have
bargained and sold, and by these presents do bargain, sell and
convey to the said William E. Follendorf and wife, June G.
Follendorf and their heirs and assigns, a certain lot or parcel
of land in the Town of Oriental, Number Two (2) Township, Pamlico
County, North Carolina, particularly described as follows:
Being all of Lot Number Thirty -Eight (38) in Block "A"
of the SEA VISTA SUBDIVISION PIERCE CREEK AREA,
ADDITION III, as shown on map prepared by Rivers L
Associates, Inc., C.E., dated October 24, 1918 and
recorded in Map Book 10 at page 2, Pamlico County
Registry.
Said lot is also shown on a survey and map prepared by
A. Hugh Harris, Jr., PE -RLS, dated November 18, 1993,
entitled "A SURVEY FOR WILLIAM E. FOLLENDORF And Wife
JUNE G. FOLLENDORF", copy of which is attached hereto
and incorporated herein by reference.
This conveyance is made subject to restrictive
covenants recorded in Book 205 at page 893, Pamlico
County Registry.
Said lot was conveyed to grantors by Paul W. Dexter and
wife by deed dated October 1, 1981, recorded in Book
213 at page 434, Pamlico County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of
land, together with all privileges and appurtenances thereunto
belonging, to the said William E. Follendorf and wife, June G.
Follendorf and their heirs and assigns, in fee simple forever.
And grantors, for themselves, their executors and
administrators, covenant with grantees and their heirs and
assigns, that they are seized of said premises in fee; that they
have a perfect right to convey the same in fee simple; that the
same are free and clear of all encumbrances whatsoever; and that
they will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantors have hereunto set their
hands and adopted as their seals the typewritten word "SEAL"
appearing beside each name, the day and year first above written.

r+nS
nox P93 'rvF 72
Herbert H. Clark (SEAL)
(SEAL)
Joan W. Clark
NORTH CAROLINA
COUNTY OF Q'F M f 0
Notary
1
and for said county and state, do hereby certify that HERBERT H.
CLARK and wife, JOAN W. CLARK, personally appeared before me this
day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and notarial seal/stamp, this the k2lt
day of �ov , 1993.
1 Not
My commission expires:
NORTH CAROLINA
PAMLICO COUNTY
The foregoing certificate of � _ r4wc,�pa-!
Notary public in and for said county and state, is certified to
be correct.
49MistZer-0t Deeds
By:ofDe�eda
Asst. Register
PREPARED 1Y
IOVELL G HOLLOWELL
ATTORNEYS AT LAW
BAYBORO. NC
28515

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O BOOK /0, A4GE f. AA 7W�
cE p d AUKICO COLIVTY REGISTRY,
t 1y� �. SAS --D GW FLOOD 11(S RATE MAP A4237 -0279-0002-Q
TVS PROPERTY 5 LOCATED NV AN Ad' FLOOD 2DW
���o 51i1��;'•�4 AAV 49 W7'HW rpe /OO YEAR FL000 ao,^MgY•
" 7t*S SURVEY 15 OF AN EXISTING AemrFi
fir, `r% • ++aL : EVER .
ASTEMW LAND SGyPWyoR
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W/L L /AM • E. FOL L ENIOR `; r
And W/l,+..
JUNE G. FOL LENDORF
Sao vl.riq, P/arc, C v*k Ar" r te+ • �� v?qR
"OWNSHIP PAMLICO _Ty, `
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cE p d AUKICO COLIVTY REGISTRY,
t 1y� �. SAS --D GW FLOOD 11(S RATE MAP A4237 -0279-0002-Q
TVS PROPERTY 5 LOCATED NV AN Ad' FLOOD 2DW
���o 51i1��;'•�4 AAV 49 W7'HW rpe /OO YEAR FL000 ao,^MgY•
" 7t*S SURVEY 15 OF AN EXISTING AemrFi
fir, `r% • ++aL : EVER .
ASTEMW LAND SGyPWyoR
0�?IEMTAL , K�
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A SiNVEY FW d • r ,
W/L L /AM • E. FOL L ENIOR `; r
And W/l,+..
JUNE G. FOL LENDORF
Sao vl.riq, P/arc, C v*k Ar" r te+ • �� v?qR
"OWNSHIP PAMLICO _Ty, `

1 Y
F,
POOK{i�� s ACE
to Paragraph 11 of Restrictive Covenants executed by The Dolphin Company of
Oriental dated July 31, 1972, and recorded in Book 166, Page 517, Pamlico
County Registry, which Paragraph 11 shall become a part of these Restrictive
Covenants and the same is hereby adopted with the same persons serving as
the Board of Supervisors for the purposes effecting these lots. Reference
is hereby made to Paragraph 8 of Restrictive Covenants executed by The
Dolphin Company of Oriental dated November 3, 1976, and recorded in Book
187, Page 259, Pamlico County Registry, which Paragraph 8 shall become a part
I LAW OFFICES
TAFT AND TAFT
TAFT UUILa1Na
SOUTH GMLLNE LTRE[T I
L.LENVILLE. N. C. 27834
of these Restrictive Covenants and the same is hereby adopted with the same
persons serving as the Board of Supervisors for the purposes effecting these
lots. These individual lot owners are to have the same vote as the
individual lot owners referred to in said Restrictive Covenants recorded as
aforesaid in Book 156, Page 15; Book 157, Page 327; Book 166, Page 517;
and Book 187, Page 259, Pamlico County Registry. Said Paragraphs 11, 9, 11
and 8 are incorporated as amended herein and made a part of these Restrictive
Covenants as follows:
"A Board of Supervisors shall be appointed by the corporation
consisting of five property owners. If at anytime the property owners
become dissatisfied with such board, then they may call for a vote and
elect a new board to serve for a period of three years or until their
successors are elected. The Board of Supervisors shall have the following
duties and powers:
"(a) Approve boat house, dock and pier plans and their
location,
"(b) Approve any new boat slips,
"(c) Cut weeds, remove rubbish, trash, debris or any other
undesirable matter when necessary after notice to lot
owner and charge the cost thereof to such lot owner;
"(d) Maintain creek and channels in Pierce Creek, the
entrance thereto and its tributaries and pro -rate
the costs thereof among all lot and property owners
affected,
"(e) To have sole authority to adjust any disputes con-
cerning the unreasonable obstructing of ingress and
egress through such cha6nels,
-3-

LAV. U//.CCL
'f AF f ANO TAFT
•.// •IIIL DIHO
.i •OJt�� YIII.H• •I�..R
�L L VILYl N. L. i_J U74
�00K ,� ) r-a1E 8
"(f) Approve any widening plans -'of the channel by an
individual property owner,
"(g) To control and regulate boat speeds and type of
operation,
"(h) To control and regulate matters involving pollution
control of the waterways."
9. No boat house, pier, dock or fence may be built without design and
location approval by the Board of Supervisors and further if such be built,
the same shall be kept in a neat, safe state of repair and properly painted.
10. All individual purchasers from and after this date shall be required
to keep their respective lots free and clear of weeds, rubbish, trash, debris
and other matter.
11. No noxious or offensive trade or activity shall be carried on upon
any lot or adjoining channel or creek nor shall anything be done thereon which
may be or become.an annoyance or nuisance to the neighborhood.
12. No trailer, basement, tent, or other garage erected in the tract
shall at any time be used as a residence temporarily or permanently nor shall
any structure of a temporary character be used as a residence.
13. Lots Nos. 30-A, 31-A, and 32-A, are reserved for nitrification fields
if necessary.
14. Nothing herein contained shall be construed as imposing any covenants
or restrictions on any property of the owners of this subdivision other than
those properties to which these Restrictive Covenants specifically apply.
Wachovia Bank & Trust Company, N.A. and J. R. Hooper, Substituted Trustee,
join in the execution of this instrument for the purpose of subordinating deed
of trust from The Dolphin Company of Oriental dated September 5, 1975, and
recorded in Book 181, Page 353, in the Office of the Register of Deeds of
Pamlico County, to these Restrictive Covenants and to except the streets
from
now dedicated in said subdivision / said deed of trust. Except as herein
specifically designated, the deed of trust shall remain unchanged and in full
force and effect.
IN TESTIMONY WHEREOF, the said J. R. Hooper, Substituted Trustee, has
hereunto set his hand and seal, and the said Wachovia Bank & Trust Company,
N.A. has caused this instrument to be signed in its name by its Vice -President,
-4-

•
wK 203• FAA E'8 97
attested by its Assistant Secretary and sealed with its corporate seal by
authority of its Board of Directors duly given, and The Dolphin Company of
Oriental has caused this instrument to be signed in its name by its President,
attested by its Secretary, and sealed with its corporate seal by authority of
its Board of Directors duly given, this the 6th day of May, 1980.
__\"KA_S_S_1STANT SECRETARY
,ATTEST:
=' 1
, -7 kA
SECRETARY
IIIwW UvVI(.tO
IAF) AND TAFT
Iw/f IU1\II.NY
.J IOYIM lM\ll.l 1. M!•1 I
fLC NVIIJ.[. H. G. a1*34
(SEAL)
OJ. R. HOOPER, SUBSTITUTED TRUSTEE
WACHOVIA BANK & TRUST COMPANY, N.A.
BY
VICE-PRESIDENT
THE DOLPHIN COMPANY OF ORIENTAL
BY
,f PRESIDENT
-5-

11
NORTH CAROLINA
PITT COUNTY
P3uY
c
, a Notary Public, do hereby certify that
J. R,. Hooper, Substituted Trustee, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
,�jtness my hand and notarial seal, this the day of May, 1980.
a t-� r
Notary Public
My commission expires:
NORTH CAROLINA
PITT COUNTY
a Notary Public, certify that
personally came before me this day and acknowledged
that he is Assistant Secretary of Wachovia [lank & Trust Company, N.A., a
corporation, and that by authority duly given and as the act of said corporation,
Ithe foregoing instrument was signed in its name by its Vice -President, attested
�l �'y`'fi self as Assistant Secretary and sealed with its corporate seal.
':,���� 'Ritr'ess my hand and notarial seal, this the day of May, 1980.
P
Notary Public
+.., My commission expires:
NORTH CAROLINA
PITT COUNTY
11 AFIR&:16 —9, STAF�2p� a Notary Public, certify that Roger L.
Mann personally came before me this day and acknowledged that he is Secretary
of The Dolphin Company of Oriental, a corporation, and that by authority duly
�Igiven and as the act of said corporation, the foregoing instrument was signed
{SA , name by its President, attested by himself as Secretary and sealed with
_ i , s'•s £ora to seal. 0
�LitRess my hand and notarial seal, this the day of May, 1980.
Notary Pubiic
IAFT AND TAFT My commission expires: O`
T.'T 5.1101.6
.J I.T. 4018"[ •1w►►T
,LENYILL.C. N. G• =78»
_6_

T
NORTH CAROLINA
PAMLICO COUNTY
W c ►
COVENANTS RUNNING WITH THE LAND
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KNOW ALL MEN BY THESE PRESENTS, that THE DOLPHIN COMPANY OF ORIENTAL,
a corporation franchised and operating under the laws of the State of North
Carolina, with its principal office and place of business in Greenville,
North Carolina, does hereby covenant and agree to and with all other persons,
firms, or corporations now owning or hereafter acquiring as owners any lot or
parcel of land in the area designated or located in the Town of Oriental,
Pamlico County, North Carolina, known as Lots Nos. 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60
and 61 in Block "A", and Lots Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Block
"B", as shown on map of SEA VISTA SUBDIVISION, PIERCE CREEK AREA, ADDITION III
dated October 24, 1978, and recorded in Map Book 10, Page 2 of the Pamlico
County Registry; said lots are hereby subjected to the following covenants
and restrictions as to the use thereof, running with the land by whomsoever
owned, to -wit:
1. These covenants are to run with the land and shall be bind-
ing on all parties and persons claiming under them until December 31, 1994,
at which time said covenants shall be automatically extended for successive
period of ten yea.rs unless by vote of a majority of the then owners of the
lots, it is agreed to change said covenants in whole or in part.
2. If the parties hereto or any of them or their heirs, successors
or assigns, shall violate any of the covenants herein, it shall be lawful
for any other person or persons owning any real property situated in said
development or subdivision to prosecute any proceeding at law or in equity
against the person or persons violating or attempting to violate any such
covenants and either to prevent him or them from so doing or to recover
damages or other dues for such violation.
LAW OFFICLS
IAF'T AND TAFT
T.FT O LDINO
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LCNVILLL. N. C. 27034

3. Invalidation of any one of these covenants by judgment or court
order shall in no wise affect any other of the provisions which shall remain
in full force and effect.
4. No structure shall be erected, placed or permitted to remain on j
any residential plot other than one detached single family dwelling and other
outbuildings incidental to the residential or personal boating use of the plot,
and cannot be located nearer than 30 feet from any front or side street propert
line nor 10 feet to any side lot line. No residence shall be started on any of
the above described lots until the plans of such structure and the plot plan
showing the location of such structure has been designed or approved by a
Licensed Architect doing business in Eastern North Carolina or has been approve
by the Board of Supervisors as created in Paragraph 8 herein. Such approval
in either
event must
be in writing.
Farming activities permissible.
S. ^ny lot
owner in this
subdivision shall have the right and
privilege of ingress and egress through the creek or channel using care not to
damage the property of the other lot owner.
6. Any lot owner shall have the right to widen said channel or
creek contiguous to his property so that he may meet the reasonable demands
for his own boating requirements provided he allows for adequate support for
bland and building of the adjoining property owners.
7. Drainage and utility easements are reserved along all lot
lines, 5 feet on each side where necessary and also as shown on said map.
S. Reference is hereby made to Paragraph 11 of Restrictive
Covenants executed by The Dolphin Company of Oriental dated April 30, 1970,
recorded in Book 156, Page 15, Pamlico County Registry, which Paragraph 11
shall become a part of these Restrictive Covenants and the same is hereby
adopted with the same persons serving as the Board of Supervisors for the
purposes effecting these lots. Reference is hereby made to Paragraph 9 of
Restrictive Covenants executed by The Dolphin Company of Oriental dated
July 1, 1970, and recorded in Book 157, Page 327, Pamlico County Registry,
LAW OFFICLs II
,Ari ���� '"' wnicn Nara,grapn �; snal i become a part of Lhese KeStrIctive Covenants and
T.rI u.L...'
:JO YOUTH OALLNL STREET
C.REENYILLE. N. C. 27834 the same is hereby adopted with the same persons serving as the Board of
Supervisors for the purposes effecting these lots.
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Reference is hereby made