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HomeMy WebLinkAboutCleary, JohnCAMA / DREDGE & FILL ^ CIr:f4re, GENERAL PERMIT Previous permit # New Modification ❑Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC j - Rules attached. Applicant Name Project Location: County Address Street Address/ State Road/ Lot #(s) City State ZIP Phone # (_ ) E-Mail Subdivision 4 "' Authorized Agent City -ZIP CW EW I PTA ❑ ES ❑ PTS Phone # ( ) River Basin Affected - - AEC(s): OEA -J HHF IH ❑ UBA ❑ N/A Adj. Wtr. Body (rat /man Junkn I- PWS: ORW: yes / no PNA yes / no Closest Maj. Wtr. Body S: 1 t-' Type of Project/ Activity ' Pier (dock) length Fixed Platforn Floating Platfo Finger pier(s) Groin length number Bulkhead/ Ripi avg dista max dist, Basin, channel cubic yar Boat ramp Boathouse/ Bc Beach Bulldoz Other Shoreline Lenl SAV: n( Moratorium: Photos: Waiver Attach A building permit may be required by:� ( Note Local Planning jurisdiction) 1f o 411 Notes/ Special Conditions ' (Scale: ) See note on back regarding River Basin rules. Agent or Applicant Printed Name Permit Officer's Printed Name Signature Please read compliance statement on back of permit Signature Application Fee(s) Check# Issuing Date Expiration Date Statement of Compliance and Consistency 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 or criminal or civil action; and may cause the permit to become 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 I) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to complywith these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 9 10-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) http://www.nccoastalmanagement.net/ Revised 08/27/14 -e L�ACAMA / ❑ DREDGE & FILL GENERAL PERMIT A B c D Previous permit # New ❑Modification El Complete Reissue ❑Partial Reissue , Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC t + s n [Rules attached. Applicant Name _. rt F s '` r ( Project Location: County----- Address W /1 ,�;�jj ,,. Street Address/ State Road/ Lot #(s)�, City ' z State lkZIPN JJ �" Phone # (} y� "�'" " "'f_Mail Subdivision Authorized AgentCity ZIP Affected ❑ CW [) VW d`#A ❑ ES ❑ PTS Phone # ( ) River Basin s f i f AEC(s): ElO� ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: Adj. Wtr. Body ; i at ' man unkn n rI ORW: yes / � PNA yes / b ` Closest Maj. Wtr. Body T WE R il■■■INS in ■■■■ ■ ■ �■■� am ■■i .. ■■■i ■■■■■■■MEN ■■1!■■■■■■■■■ ■■■■■ 0 ■1■■■■■■ my .. ■■■■■■■■■■■■■It 1200■■■■■■ ®l111, L7■■■■Iff ■MEN to ■■■■■■■ ■■■Wi■�iL'JiI/■■■■IMF■■■■■■ ■■ ■■■■MR If■IR!■I#■■■■■■Irs■■■■■■E■■■■■ am MEWROW, W�WIluLJ�1W■■ME IMMEN rii■■■■■■■■.r■Ir■■■■■■ No . ■■■■■■■■■■■■■i�IIII■■■�1f■�■■!■■■■■■■ _ I "',_ € 1�.� Agent or Applicant Printed Name Signature "Please read compliance statement on back of permit** Application Fee(s) Check# PermitOfficer's PrK'l Name Signature 1-"' IssuingDate Expiration Date 1 I 4 6 N1 I No. 5, /j4 _ 1 � Mailing Address:t 1 • , b- Email Address: i certify that I have authorized ' T tAt"c N1A1r1 1t.nft�-rr �tl-.� + Agent t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: �t�iid'1Y�2Xing n locatedat my Property r ttit4 + M� I,In unty GoI t furfhermre certify that 1 AM authorized to grant, and do In fact grant permission to Division of Coastal Management staff, the Locaf Permit Officer end their agents to eater on the aforementioned lands in connection with evaluating Information relatod to this permit application. Property Owner Information: l' Signature J0HN T- -C16 C-A2Y Print or Type Name P-TAUSTE.-E r t" 0 �rvC6 Pilo ?-1---1 ....! 24) t Date This certificat#on Is valid through) , f_________ r,FWEL JUN 13 2017 DC,", , MH® CITY CERTIFIED MAIL -RETURN RECEIPT REC2UESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: 11;lft 0A Address of Property: J (,-� �,-,g 1't Sir^r`d Elclkt l--fir f [ c- (Lot or Street #, Street or Road, City & County) Agent's Name #:A'--D (11YOMailing Address: ) Irn1 e21. ttiCe Agent's phone #: b y ' t Cj j r - C, I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. )—( I have no obiections to this proposal. _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athtfpJ/vrww.nccoastaimanagement netfweb/cmistaff listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notifiedby Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me, (If you wish to waive the setback, you must initial the appropriate blank below.) (L I do wish to waive the 15' setback requirement. i do not wish to waive the 15' setback requirement. (Property Owner Information) (I fi_ A SI n al ure Print or T Name Mailing Address Crtylstatel7ip Telephone Numberl Email Address Date 4(FR1,.ipa'n Pro e yO nner Information) ECE!VED c�S�'1 Print or Type Name UN 13 2017 ' ISb ! btn4l.�-tbtc2 ncm- MHD CITY Mailing Address CitylStatelZi— � — � c �o. ' Coo (Ad TabricS. *M Telephone Numberl Email Ad ess ,�- 1� Date (Revised Aug. 2014) To _yec1%Ae&& ecoo, I hereby certify that I own pr, property located at on V, (Waterbody) adjacent I P4 ru 7-92 . 2,L1 � .1b59 s (Address, Lpt Block, I in �oad et. --f N.C. (City own and/or County) The applicant has described to me, as shown below, the development proposed at the above location. X — I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual Proposing development must fill in description below or attach a site drawing) L(I WAIVER SECTION I understand that a pier, dock, mooring pilings.. boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wi 77to waive the setback, you must initial the appropriate blank below.) RECEIVED — I do wish to waive the 15'setback requirement. I do not wish to waive the 15'setback requirement. JUN 13 2017 (Property Owner Information) 2I 7 (Adjacent Property Owner lr8GM_e0HD CITY fi(�Waotf Ma/1/ Ad Utylsta"telzip -7 t �%_i=epone �TNpmbe�rllpmall address Date `Valid for one calendar year after signature* Signal -ell V, bir&vt Ytu Print Type N 'e V [ 5 FOWti%/ [+A0, iA Mailing A dares5- T-ao'. _, ILI (f 11Cc' 15tve4 ef uva- mv-T Giltylstat-a0p VeCAP-16—Ir Zk N�c 4 C, 2- 0 5- J6 Telephone Number/ emai .1 oaddress N 419'08:74o(bl_ "wr !_.1SW&L11A333* Date" 7_0 I I I CPA- (Devised Aug. 2014) 712612016 AM&, WC-OINNECIFGIS WEP. MOANCI Overview Map Quick Search Clear Lat Lon Address Search 122 Front St OWNER PINIS Advanced Search Search Builder Coordinate Search • Comparable Search Wp:licarterW.Cmroctgis.com#Aap,aspx CorrectGIS Ui 0 > C=) C 1/1 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: NN eosrjdl► Mak &ZOMM1*1441 #Q,4 Mailing Address:vIn" kk 2.2Mf N1ew,bK4 I25' rrm �IY,c 67WCW d'�IIL, ?rw1/4 r/-' � 5sl P Phone Number, Z,� O� I Z 3 r/'�rt t � !� eaf ! Z) kowf ��/ `�I � Email Address: rd4l CsouAMAD "iul - Czm i I certify that I have authorized it karint G'V).*U(;LA, / LL-C Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits � jjr RECEIVED necessary for the following proposed development: !/! h / �t mew 01 ' 0 CUWd 4-711- PV qNS -rPi VA J i J ft• paid e 13 2017 Aavii $ocrvdA!5 ",k 4ddauAtfi HD CITY at my pr perty located at in ' f-�',irG�' Count j�► !1Gh tale wjil Qt ea J Z 2 �r'ov&;t .9*&, TkG I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: etv�el4 ha,�� jl�! t`f.cd ; Cz�Y� Signature c ht G erdall SWlll-6 Mqj"i brava Print or Type Name cfr z 0 'JP Prca ib(Zgyft Ko dl y y #00L d a h'o4 Title ECEIVED 81 )q 1 204 Date AUG 19 2016 DCM- lMHD CITY This certification is valid through 130 / 20 17 1, 4 pCod eAA apro prlAfi4 jAaLf U Cur``d" PL, 1hra /hc/llUl%'j At OUNI Gr f 12,?- ' rrn",4 �� From.. Matt Black mblack@pjb-law.com Subject: Boat Slip Work Date: August 16, 2016 at 5:41 PM To: Gordon Smith gordonsmith333@gmail.com Hi Gordon, To follow-up on our call from today, I've attached relevant sections from the Davis Boarding House Condominium Declaration. All pages to the Declaration can be found in Deed Book 1221, Page 90 of the Carteret County Register of Deeds. The relevant section states on page 18 that "Association shall further have an easement ....for access to the slips, piers and docks for purposes of repairs, maintenance, reconstruction and management of the areas for and on behalf of slip assignees and unit owners." FYI, Exhibit A sets forth the legal description of this easement. Also, relevant language on page 38 states that all slips "shall be under the management and control of the Association with regard to repairs...." I think you should point out too that all slip owners paid the 1-time assessment. Hope this helps! Let me know how it goes, Matt Matthew S. Black, Attorney at Law Pinna, Johnston & Burwell, P.A. 2601 Oberlin Road, Suite 100 Raleigh, NC 27608 Phone: (919) 755-1317 Fax: (919) 782-0452 mblack@pjb-law.com le a, kcj lu� "Mitt"i C& ql� 60� J�wt Gxdvi, RECEIVED JUN 13 2017 DC M- My® c1TY ®CM- M H D CITY PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment) is being sent by or on behalf of a lawyer or law firm and may contain confidential or legally privileged information. The sender does not intend to waive any privilege, including the attorney -client privilege, that may attach to this communication. If you are not the intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. If you have received this communication in error, please notify the sender immediately by email and delete this communication and all copies. �,�Jla 1 � 2016 Owners, shall, at all times while this Declaration is in effect, retain the right and duty to maintain, repair and/or replace the structural subfloors of which said surfaces are a part, notwithstanding the fact that such maintenance, cleaning, repair or replacement may temporarily adversely affect the Unit Owner's aforesaid easement and right to us: the Unit -side surface of said structural subfloor. (f) In the event any portion of any Unit or Common Element encroaches on any other Unit or Common Element, as a result of the construction, reconstruction, repair, shifting, settlement or movement of any portion of the Condominium or for any other reason, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the encroachment exists. (g) The Association and its officers, agent, employees, contractors, subcontractors and members shall have an easement within the buildings and on and over the common elements in order to use, access, cross, repair, reconstruct, maintain, replace and carry out improvements to bulkheads, docks, piers, ramps, parking areas, streets, alleys, accesses, and other portions of the property, for which the Association may be responsible for under this Declaration. (7) The common elements located on the south side of Front Street are hereby made subject to an easement reserved by Duke University and the Town of Beaufortfor the continued location, operation, repair, maintenance and reconstruction of a pump station and underground sewer line as described and located on exhibit A attached hereto. (S) The common elements on the south side of Front Street are hereby made subject to a continuing easement for access to and from the boat slips/docks areas by slip assignees/owners, the Association, unit owners, and guests and invitees. The Association shall further have an easement over said common elements for access to the slips, piers and docks for purposes of repairs, maintenance, reconstruction and management of the areas for and on behalf of slip assignees and unit owners. (a) All easements, rights and restrictions described and mentioned in this Declaration are easements appurtenant, running with the land and the Real Estate, including (by way of illustration but not limitation) the Unita and the Common elements, and (except as may be expressly otherwise provided in the instrument creating the same) shall continue in full force and effect until the termination of this Declaration, as it may be amended from time to time. (b) Until the Date of Transfer the Declarant shall have an easement through the Units to provide for modifications and additions to the air conditioning, television antenna, security/intercom systems and kitchen appliances and any other portion of the Unit necessary to complete planned upgrades. ARTICLE V r RESTRICTIONS ON USE; LEASE OF UNITS ' N 18 ��UN 1 Z01Y BOOK �la�l _ PAGE ®CM_ i AUG 18 2016 IBC'W NAND CWY holding first mortgages on the Unit; provided, that all the Owners of Units to which any Limited Common Element is allocated must agree in order to convey that Limited Common Element or subject it to a security interest. Distribution of the proceeds of the sale of a Limited Common Element shall be as provided by agreement between the Unit Owners to which it is allocated and the Association. Proceeds of the sale or financing of a Common Element (other than a Limited Common Element) shall be an asset of the Association. Section 14.2. Requisites of An Agreement for Security Interes . An Agreement to Convey Common Elements or subject them to a security interest must be evidenced by the execution of an Agreement, or Ratification thereof, in the same manner as a deed, by the requisite number of Unit Owners. The Agreement must specify a date after which the Agreement will be void unless recorded before that date. The Agreement and all Ratification must be recorded in Carteret County, and shall only be effective upon recordation. Section 14.3. Rights of the Association. The Association, on behalf of the Unit Owners, may contract to convey Common Elements, or subject them to a Security Interest, but the Contract is not enforceable against the Association until approved pursuant to Sections 14.1 and 14.2 above. Thereafter, the Association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. Section 14.4. Void Transactions. Any propertied conveyance, encumbrance, judicial sale or other voluntary transfer of Common Elements unless made pursuant to this Article shall be void. Section 14.5. Rights of Access and Support. A conveyance or encumbrance of Common Elements pursuant to this Article shall not deprive any Unit of its rights of access and support. ARTICLE XV DOCK AND BOAT SLIP AMENITIES Section 15. 1. Description of Dock and Boat Slip Amenities. As shown on the recorded plat and as described on Exhibit A, there is located a pier, dock and 5 slips within Taylors Creek and on the south side of Front Street, which are part of the common elements of said condominium subject to the reservations, conditions and exceptions made herein in Article XV. Section 15.2. Appurtenant Slips, Declarant reserves ownership and use of the 5 slips unto Declarant and its successors and assigns even though the pier, dock and slips are part of the common areas, to include an access easement over the dock and boatslip tract as described on Exhibit A, for Declarant and its successors, assigns, tenants and invitees, for access to and from Front Street to the pier, dock and slips. Declarant proposes to offer the 5 slips to purchasers of the units within Taylors Creek Condominium on a first come first serve basis at a separate purchase price for each slip. In the event any unit owner separately pays for and purchases a slip, said slip shall then become appurtenant to said unit and shall be thereafter sold and transferred in connection with and as part of the sale of the unit. At such time as all 4 units in Phase I and the"5unit as part of phase 2 have been 37 BOOK _ 1a�k _,PAGE AUG x s Zo�6 �_ MHp CITY sold and transferred, then any unsold slip(s) shall be retained and owned by the Declarant, and the Declarant shall have the absolute right to lease or assign Declarant's rights as to any one or more of said slips to any third person, firm or corporation, and all rental or other charges for use of any of the unsold slips reserved unto the Declarant shall belong exclusively to the Declarant. All appurtenant slips as� well as the slips unsold and reserved unto Declarant and its successors and assigns, shall be under the management and control of the Association with regard to repairs, insurance, utilities, maintenance, establishing a budget and determining dues and assessments separately for the slips. Section 15.3 Maintenance Utilities Insurance and Related Costs, The Association shall be responsible for budgeting for and completing all repairs, replacements, maintenance, utilities, insurance and other operational and capital costs associated with the ownership and operation of the slips, pier and docks. The Association shall cause a separate budget to be prepared for the operation, upkeep and maintenance of the pier, docks and slips. Such budget shal I include insurance premiums, replacement costs, upkeep and maintenance costs, utilities and all other related operational or capital improvement costs. Upon approval of the budget for the operation of the docks, pier and slips, the Executive Board shall assess all expenses for the operation of the docks, pier and slips either on a quarterly or monthly basis as opposed to an annual basis, and shall assess the expenses on a prorata basis per slip so that each slip pays one fifth of the total costs. The assessments and dues shall be payable in accordance with Section 8.1 above, and the Association may establish a reserve fund or working capital fund for the expenses associated with the docks, pier and slips. Additionally, in the event of a storm, casualty, erosion, or similar circumstance which necessitates a special capital assessment for the replacement or rebuilding of any part of the slips, docks or pier, the Executive Board is authorized to adopt and enforce a special capital assessment for the funds needed for such replacement or rebuilding, and the Board is authorized to collect such assessments upon such payment terms as its deems appropriate. Section 15.4 Personal Liability of Slim Owners and Failure to Pay. All sums assessed by the Association under this Article and/or Article Vill, together with such interest thereon as maybe established by the Association, and the Association's attorneys fees if the assessment is not paid within the payment schedule determined by the Association, shall constitute the personal liability of the slip owner so assessed, and shall also constitute a lien up on the slip owner's lease or assignment of the slip. The Association may take action for failure to pay any assessment or other charges pursuant to NCGS 47C-3-116, and may assess fees and charges for non-payment or late payment of assessments, including a reasonable fine not to exceed $150.00 for violation of any provisions of this Declaration and Bylaws, or any rules and regulations of the Association. The Declarant shall continue to be responsible for the payment of all assessments and dues for all unsold slips. Upon the assignment or transfer of a slip by the Declarant, the Association shall be informed as to the name and address of the assignee for purposes of assessing and collecting dues and assessments which arise thereafter from assignment of the slip. In the event any slip owner or assignee should fail to promptly pay all charges, assessments, late charges, fines and attorney fees, then the Association is authorized to bar the slip owner or 39 bUOK REGV 41k JUN 1 R6C61VEFLPCM_ AUG 18 2016 CST CCM_ Y 2017 CITY assignee from any further access to or use or enjoyment of the slip until all costs and fees owed the Association have been paid in full. Section 15.5. Assignability of Slips and Uses. Both the Declarant and the owners or assignees of slips shall be entitled to lease out a slip to third parties not members of the Association. Written notification shall be given the Association as to the name and address of the tenant of the slip and a copy of the signed lease shall also be given to the Association. Unit owners are prohibited from selling or assigning their slips as the slips are appurtenant to the units owned. The Declarant shall be entitled to sell by assignment or transfer any slip that it retains. A copy of the recorded assignment or transfer shall be delivered to the Association together with the names, addresses and contact infonnation for the assignee of the slip. No commercial uses or activities of any kind shall take place on the docks, pier or within any slips. No commercial boats shall be placed or docked in any slip by either slip owners or their lessees, tenants or invitees, and the use of slips and the boat or vessel placed therein shall be confined to recreational, sports fishing or please uses or boats. No boats for hire or available for commercial use shall be docked or tied upon within any slip. Slips likewise may not be occupied by live aboard vessels or persons. Section 15.6 Rights Reserved by Declarant. Notwithstanding the fact that the pier, docks and slips abut and connect to common elements and that those slips sold by the Declarant to owners of units within the Condominiums are to be part of the common elements subject to the management and administration of the Executive Board, the Declarant after consultation with the Executive Board reserves the right to alter, change, relocate or reconfigure the docks, pier and slips at Declarant's costs so long as Declarant after the alternation, relocation, or reconfiguration of the docks and slips still provides each owner of a condominium unit who purchased a slip appurtenant to said unit with a similar size slip with comparable value. All alterations, relocations and reconfigurations shall be carried out in accordance with duly issued Federal, State and local permits and at Declarant's sole expense unless other arrangements have been made with the executive board. In the event the relocation, alteration or reconfiguration causes a change in the number of slips, Declarant reserves the right to amend this Declaration and the terms of this Article so as to correct the number of slips, the relocation of the slips, the percentage of assessment expenses to be paid by the owner of assignee of each slip, and other terms and conditions set forth herein. ARTICLE XVI MISCELLANEOUS Section 16.1. Governing Law. This Declaration shall be governed in accordance with the laws of the State of North Carolina and more particularly Chapter 47C of the North Carolina General Statutes, as amended. Any reference to specific Sections of Chapter 47C herein shall also be interpreted as referring to any amendments or substitutions thereof. 39 CEI N u JUN 13 201 DCM- MHD VITY RECEIVE AUG 18 ZVi DCM- MHD CITY Melanie Arthur 74P ET LDL Date 04//27/2007COUTine 10:50:00 GR 1221090 Page 1 of 74 t10RTN CAROUt1A, CARTERET COUN" TW ftb w%W and this mVk:ata we duly Ned at ft ddoaedOft andin the Gook end Pape shown on the *4 popB of Deoft h t+rprw a owe. DECLARATION OF CONDOMINIUM l/ OF DAVIS BOARDING HOUSE CONDOMINIUMS April 24 , 2007 "Town of Beaufort, Carteret County North Carolina Declarant: TAYLORS CREEK HOLDINGS, INC. 8 BOOK I al a a:PAGE qo REC E S JUN 13 nCM- NIH AUG 18 2016 oCM- MHD CMT 17 CITY EXHIBIT A Lying and being the in the Town of Beaufort, Carteret County, North Carolina: (BOAT DOCK/SLIPS AND ACCESS EASEMENT TO BOAT DOCK): Beginning at a point in the southern right-of-way of Front Street which point is located the following courses and distances from the intersection of the northern right-of-way of Front Street and the western right-of-way of Moore Street; from said intersection and running thence with the northern right-of-way of Front Street N 56-23 W 133 feet to a point; thence S 32-33-50 W 66.01 feet to the northwest comer of that tract of land located on the south side of Front Street as conveyed to Taylors Creek Holdings, Inc. by deed from Duke University as recorded in Book 1088, page 367, Carteret County Registry; thence S 56-23 E with the south line of Front Street 54 feet to the POINT OF BEGINNING; running thence from said point of beginning and along the south side of Front Street S 56-23 E 50 feet to an iron pipe located at the point of intersection of a bulkhead and the breakwater on Front Street; running thence with the high water mark of Taylor's Creek S 34-12-19 W 49.13 feet to a point; thence continuing with the high water mark of Taylor's Creek N 73-19-51 W 52 feet more or less to a point which is located S 34-12-19 W 63 feet more or less from the point on Front Street which is the beginning point; thence continuing N 34-12-19 E 63 feet more or less to the point of beginning; and being shown on a Powell Surveying Companyplat dated October 9, 1987, and revised November 18, 2003; and being the easternmost 50 feet of the tract on the south side of Front Street as conveyed in Book 1088, page 367 . There is reserved unto Duke University and its successors and assigns and permanent easement 10 feet in width for the continued location, maintenance, repair and replacement of a sewer lift station and sewer lines running from the Town of Beaufort sewer lines on or within the right-of-way of Front Street in a southerly and southwesterly direction to the Piver's Island campus of Duke University as shown on a Powell Surveying Company plat dated October 16, 1995, with the centerline of said 10 foot easement being described as follows: Beginning at a point located N 56-23 W 22.42 feet from the northeast comer of Tract I above as located on the south right-of-way line of Front Street; and running thence from said point of beginning S 39-39 W 61.03 feet to a PK nail in stone riprap; continuing thence S 80-59-25 W 739.15 feet to the southwest terminus on Piver's Island. Within the 10 foot easement area, Duke University and its successors and assigns shall have the continuing right to locate a lift station and sewer lines, and to go upon the easement area to repair, maintain, replace or reconstruct the same. 42 JUN 13 20 DCM - MHD ITY BOOK PAGE Ca AUG 18 �01F Styron, Heather M. From: Jason Copland <Jason.copland@coplandfabrics.com> Sent: Thursday, June 08, 2017 2:28 PM To: Styron, Heather M.; Shay Hiatt Souder Subject: waiver We waive the 15' setback. We have seen the drawing and it looks perfectly fine to us. I hope they enjoy the dock changes. Jason Copland Manson House HOA President 336-213-7007 1 REC . JUN 1 CM` EcF Vk �R IN 13 2011 ®cm- VAD C