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HomeMy WebLinkAbout72578A_Roadcap, Jason_20190909CAMA / 1T DREDGE & FILL 9ENERAL PERMIT New —]Modification ❑Complete Reissue ❑Partial Reissue B C D Previous permit # Date previous permit issued No. 72578 As authorized by the State of North Carolina, Department of Environmental Quality 2aA and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC F1. 1 1 CJy Rules attached. Applicant Name _Jo Son 'Roc.�u O Project Location: County lk,'f Address fo3 I f_tnwooJ Fov,rv\S i1 c City C I ►u State VA. ZIP 7.33A0 Phone # (Is}) -+(v 1— 03 1 !1— E-Mail Authorized Agent 1?06,4 ❑ CW YEW VPTA q(ES ❑ PTS Affected AEC(s): ElOEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ORW: yes / no PNA yes / no Street Address/ State Road/ Lot #(s) I i O Subdivision City G(C'.-- �,/ ZIP 3t"tfci39 Phone # ( ) River Basin Adj. Wtr. Body •Do�ci �/ V �> s �� na /man nkn) Closest Maj. Wtr. Body Cu r �v �� SJ C' Type of Project/ Activity L ■■�i■■■i ■■■■i PRIME, ■■■i■i��iii11iON71. IF .�i■■ ■■■■■■■■■■■■�■■■ ■■■dui■■■!��.■■■ ■■■■■ ■a■■■■■■■■■MW■■■i■■■���■■■■■ ■■■■■ ' ■■�i :'.9■cTil�■�■ ���■■�i�■■�■\�■1�■ail■■■■■■■1■■ ■ ■■■■vim■■■■ WR■■�i■■■■■■��r■■�r�lM■W■■■■ ems■■■■■■■■■■r■■�c�=�cc c�ii1■■■u����■■■�■■ ®�iii � tll■■SIR■■■■IME M. �.���■■ FF-11111■■ ■■■■■■r�iliiill/1 �■■■�■■r■■t����!■■d ■■■■■�r�l■■ir■a ■EM■■■■■■■1 ■■■■r��r�■■■■■■ ■m■■■■■■■� ■■ ■M■■■■■■■ ■ ■■�■ ■■■■■ ��■�■�■■■■■■■■■■■■■ /■��\�■■■■■■■■■■■■■■■ 1M.1411111 ■■■����� 1111111110I •■MM■■■■■■■1 ■■■■■■■■■■�i■� ■ ■■■■■■■L' o..�.� ii■■ ■■■■�■■■■■■■■����■■■ ■■■■■■■�■■■■■■■■■■■■■■■■■■■■■��■■ . M. .. ■ 6 (5 t 'O 1 i Ageff or Applicant rinted Name i d r ` Signat re ** Please read c ;mpliance statement on back of permit* Application Fee(s) Check # 'T" ,r• "—a, t d Perm itOffi r tedName—�! �iwIture H/91 Aol" 1 /9)1U'�.y 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 1) 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: I 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 comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 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: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/ 17 NC Division of Coastal Mgt. Habitat Impact Computer Sheet Applicant: �L, �. 1 �� lei Sa �� Permit #: S Date: Describe bel8W the HABITAT disturbances'for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) ' Dredge ❑ Fill Both El Other El Dredge ❑ Fill Both ❑ Other ❑ U G v N NN f,,,ie Dredge ❑ Fill ❑ Both ❑ Other r� v Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :. www.nccoastalmanagement.net revised:0210310 C ,'% I B I A M111111111111© f"4 Property Address: 1418eech Tree Trail _ JEAN GUITE Mailing Address: CREEK Adams, Harvey S In & Teres 31952 Buffalo Creek ad Evergreen, C 39 PROPOSE N ALLATION OF (1) 4" HDPE Properly 0 4 139 Beech Tree Trai Mailing Address: Miller, Phyllis K &Thomas, Travis 1398eech Tree Trail Kitty Hawk, NC 27949 Prope dd 138 Be Tree Trail, M ng Address: Smith, len GTtees&Heidi 43 Hillside PI Rye, NY 10580 rr SIGNED BY: D BY: T.M. RIS REVIE Y: APPRO Y: SIG DATE: Properly Address: 137 beech Tree Trail Mailing Address: Cosgrove, GaryA 6 a P.O. Box 943 H _ Kitty Hawk NC 27 -. fit: ConsWcfion Diving- niwlServices Harper Av ue 3 =� mouth, Virgini 23707 le (757) 397-1 1 F 57) 397-869 www.cr ondiving.co C TOMER: DOMINION ENERGY RTH CAROLINA Address: ollyrrall - Address: ' >; PROJECT TITLE: Jones, Pamela R �i- PROPOSED INSTALLATION OF oily Trail _ ri NC 27949 (1) 4" HDPE 2 SOUTHERN SHORES, NORTH CAROLINA GIs JOB NO: -0003 C CT NO: ` SCAL �. � AS NOT D 2OM THE DARE COUNTY SITE. REV: WG SIZE: B DATE: 08/17/18 PROVIDED FOR INFORMATIO UES� SHEET: 1 3 ILY. DO NOT ATTEMPT TO SCA AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: G Mailing Address: (0 3 �C/2 N �-v fJ �. qM S i P C NC sA PCB/cam VrA 233 z 6 Phone Number: Email Address: I certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: O at my property located at / $b ;� 0ys 0`41 , in 6C422( r-Lt C4 County. I furthermore certify that 1 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: lrGvci Signature Print or Type Name A-�tiE.?f Title Date This certification is valid through 1 g �°� i..3::- ..i 4 . Y a Of A - .. ... •. r.... .....a .... k ..«:* r", . -. .,. ..n - i..t�' ...�i, .....�:..u.. :..s ..x- -.,. f. ,.. .........;.x .:._ ..•. ... .. e. -�• ..rMi. . ,r a .s... .+vv?•r ... w.. ,,. _ �. •!,, of ., �i als�:}%1,� .'S-.)',a: ,. 4.+. 3'y_ i _ s�q ", i VIA y, , . 3 -. . 4: ''� ... t 1 a . \+. s•^l ,' .. IT '�y4•f .. t a Q ant y .i w. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to ? d'A RZao cpp I ,. (Name of Prooerty ownerl property located at KG -90 IO agxJ-4T (Waterbody) 1) ress, Lot, Block, Road, etc.) in — ('tea 122t 7-Z-,t-,- , N.C. (Cityrrown and/or County) The applic as described to me, as shown below, the development proposed at the above Vp locatio I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must 0 in description below or attach a site drawing) 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 wish to waive the setback, you must initial the appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Ok Si �t4 6Z600L PO Print or TYPQ Name Mailing fy�-rIV;� yAJ City/State/Zip Telephone Number / email address Dare (Adjacent Property Owner Information) 0i'ley ;7`" ri Print or Tyne Name /� Z)� w ys lqp Mails g Address City/State/Zip Telephone Number / email address .,r 21 ` 1ri Date* *Valid for one calendar year after signature* (Revised Aug. 2014) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _1 ASON CA PD I (Name of Property Owner) property located at (Address, Lot, Block, Road, etc.) on CLAD -I rU(- k :jo")jj--i , in CIAR(1 \ � U, cr Q , N.C. (Waterbody) (City/Town and/or County) The applicant has d ibed to me, as shown below, the development proposed at the above location. 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) rrVIrT 13u,L1<1-4640 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 wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) ►v►auing Aaaress City/State/Zip Telephone Number / email address Date (Adjacent P I '�"pd 'ormation) Telephone Number / email address Date* *Valid for one calendar year after signature* (Revised Aug. 2014) N w \� \�Allim Lai, 6 "'1O Doc No 327733 Recorded: 03/13/2017 11:03:06 AM Fee Amt: $26.00 Page 1 of 3 Excise Tax: $284.00 Currituck Countv North Carolina Denise A. Hall, Register of 0eeds 16 BK 1399 PG 160 - 162 (3) O Excise Tax: $ Recording Time, Book and Page: Parcel No: 0107-000-0023iw and 0107-000-0035-0000 Mail after recording to: r pmsey and Brumsey, PLLC, P. O. Boa 100, Currituck, NC 27929 This instrument was prepared by. William Brumsey, ll]/mnm File No.17B50664 Brief Description for Index: 11 Poplar Branch Township O NORTH CAR"LINA GENERAL WARRANTY DEED This DEED, made this 241h Ncday of February 2017 by and between GRANTOR JAMES R. HORNBROOK and wife, BARBARA YEQ' HORNBROOK Po Box 267 Kitty Hawk, NC l GRANTEE DARRVL H. ROADCAP 4720 Larkspur Ct. Virginia Beach, VA 23462 Enter in appropriate block for each party. name, address, and, if a* riate, character of entity, e.q. corporation or partnership. Y The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, phu-9, masculine, feminine or neuter as required by context. WITNFSSETH, that the Grantor, for a valuable consideration paid by the Gram, the receipt of all of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the said Graj�" m fee simple, all that certain lot or parcel of land situated in Poplar Branch Township, Currituck County, North Carolina, more p"arly described as follows: See attached Exhibit "A" C, All or a portion of the property herein conveyed includes or X does not include, e�primary residence of a Grantor. This instrument prepared by: William Brumsey, M, a licensed North Carolina attorney. �quent taxes, if any, to be paid by the closing attorney to the County tax collector upon disbursement of closing proceeds. � O TRANSFER TAX AMOUNT "C}D DATE/COLLECTOR- l 3 - a , p Y�i The property heremabove described was acquired by Grantor by instrument recorded in Book 1166 Page 38 `w showing the above described property is recorded in Plat Cabinet Slide TA� `VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantees in fee sitr;. . And the �tor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, tha tits is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the propb6hereinabove described is subject to the following exceptions: Reservations, Mt ons and easements of record. IN YMNESS WHEREO�4 Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized oA>M- and its seal to be hereunto affixed by authority of its Board of Directors, the day and year fast above written. (SEAL) (Corporate Name) J JIEE , ROO By (SEAL) President BARROOK ATTEST: �O (SEAL) Secretary?i arporate Seal) (SEAL) C. STATE OF NORTH CAROLINA, COUNTY OF CURRITUCK I, _Marydith N. Mansfield a Notary Public do hereby certify that James R. Hor nbrook and wife, Barbara Yelp tbook personally appeared before me this day and acknowledged the due exe(u-lion of the foregoing instrument for the purposes therein expressed. Witness my hand and official stamp or seal this — day of ��fc 1k, 2017. -Q - conA i gp�ipireO Nov. 19, 2017 (SEAL) No lic — Marydith N. Mansfi d Exhibit "A" `� ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND LYING AND BEING SITUATE IN CURRITUCK COUNTY, `NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: le TRACT ONE: BEGINNING AT A POINT IN THE NORTHERN RIGHT-OF-WAY LINE OF DOWDY BAY ROAD (NCSR SAID POINT BEING A COMMON CORNER BETWEEN THE PROPERTY OF BILLY W. WILLIS AND WIFE, J TTE E. WILLIS, AND M. A. STEVENS AND WIFE, DIXIE WILLIAMS STEVENS, AS SHOWN AND DEPICTED IN LINE AGREEMENT RECORDED IN BOOK 322, PAGE 280, IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY. SAID POINT BEING DESIGNATED AS POINT"A" AS SHOWN ON THE PLAT RECO D WITH THE AFORESAID LINE AGREEMENT. THENCE FROM SAID POINT OF BEGINNING SO LOCA ORTH 05 DEGREES 59' 49" WEST 144.42 FEET TO A POINT; THENCE NORTH 39 DEGREES 50' 25" EAST 10 . FEET TO A POINT; THENCE SOUTH 32 DEGREES 21' 08" EAST TO POINT "D" AS SHOWN ON THE AFORES AP; THENCE SOUTH 32 DEGREES I Y EAST 95.17 FEET TO A POINT IN THE NORTHERN RIGHT- OF- WAY L OF DOWDY BAY ROAD; THENCE ALONG AND WITH THE NORTHERN RIGHT- OF- WAY LINE OF DOWDY ROAD THE FOLLOWING COURSES AND DISTANCES: SOUTH 46 DEGREES 15' 1 V WEST 60.0 FEET; SOUTH EGREES 37' 38" WEST 55.80 FEET; AND SOUTH 57 DEGREES 59' 02"ST 53.65 FEET TO THE POINT OR PLAC BEGINNING. CONTAINING 18,930 SQUARE FEET AS SHOWN ON THE SURVEY ENTITLED "M.A. AND DUE. STEVENS" RECORDED IN BOOK 322, PAGE 284, IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY. THE ABOVE -DESCRIBED PROPERTY BEING ALL FOR THE PROPERTY ACQUIRED BY M. A. STEVENS AND WIFE, DIXIE, W. STEVEI&Y THE DEEDS RECORDED IN BOOK 82, PAGE 292, AND BOOK 91, PAGE 483, IN THE OFFICE OF THE REGIS R, R OF DEEDS OF CURRITUCK COUNTY, EXCEPT FOR THE PORTION OF THE PROPERTY CONVEYED TCUILLY W. WILLIS AND WIFE, JANETTE E. WILLIS, BY THE LINE AGREEMENT RECORDED IN BOOK 322, P4ft 280, AND SUBJECT TO THE RIGHT-OF-WAY OF DOWDY BAY ROAD (NCSR 1130). THE DESCRIPTIONS 'S " FORTH IN THE AFORESAID DEEDS ARE INCORPORATED HEREIN BY REFERENCE. C, TRACT TWO: ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING SITUATE ON THE SOUTH SIDE OF DOWDY'S BAY ROAD, THI` LOT HAVING BEEN PLATTED AND SUKVEYEtJ tiY liAV►li �uA, ix., SURVEYOR, DATED 3RD DAY OF N FIBER, 1950 AS RECORDED IN THE PUBLIC REGISTRY OF CURRITUCK COUNTY, THE SAID LOT LYING BEMEEN LOTS NOS. 16 AND 17 ON SAID PLAT, AND THE LOT HEREIN CONVEYED NOT BEING NUMBERED OND PLAT, IT BEING HOWEVER, A LOT FRONTING ON SAID ROAD 187 FEET AND EXTENDING BACK TO BARTLETTS CREEK AS SHOWN ON SAID MAP, THE EAST LINE BEING A DEPTH OF 154 FEET FROM THE SAID RGAD TO THE SAID CREEK, AND THE WEST LINE BEING 210 FEET EXTENDING FROM SAID ROAD TO SAID CIIK. REFERENCE IS MADE TO SAID PLAT FOR PARTICULARITY OF THE LOT HEREIN CONVEYED, IT BEING Tqb SAME PROPERTY CONVEYED TO A.R. CREEKMORE AND A.R. SMITH BY DEED OF LOGAN B. PUGH AND WM ATED THE 20TH DAY OF DECEMBER, 1950, AND BEING THE SAME PROPERTY CONVEYED TO JAMES N. G TT BY DEED OF A.R. CREEKMORE, ET AL. DATED THE 12TH DAY OF OCTOBER, 1954, AND DULY RE ED IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY, NORTH CAROLINA IN DE KOOK 85, PAGE 530, AND BY GARRETT CONVEYED TO V.E. PLUNKETT BY DEED RECORDED IN BOO 87, PAGE 155, AND DEVISED V.E. PLUNKETT TO L.L.PLUNKETT BY HIS WILL RECORDED IN WILL BOOK 8, PAGE 318. SAID PROPERTY BEING THE PROPERTY CONVEYED BY LESLIE L. PLUNKETT AND RUTH E. PLUNKETT TO M.A. STEVENS AND WIFE, DIXIE W. STEVENS, BY THE DEED RECORDED IN BOOK 97, PAGE 2�,* IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY, NORTH CAROLINA. SAVING AND EXCEPTING FROM THE ABOVE -DESCRIBED OPERTY THAT PROPERTY CONVEYED TO WAYNE B. SPOON AND WIFE, EDNA C. SPOON, BY M.A. STMIENS AND WIFE, DIXIE W. STEVENS, IN 1963, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED A LLOWS: 1<11' BEGINNING ON THE SOUTH SIDE OF DOWDY'S BAY ROAD AT TE[BI)ORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM LESLIE L. PLUNo' T AND WIFE, RUTH S. PLUNKETT, TO M.A. STEVENS AND WIFE, DIXIE W. STEVENS, UNDER DATE OF JUNE 1962 AND RECORDED IN THE PUBLIC REGISTRY OF CURRITUCK COUNTY IN DEED BOOK 97, PAGE 21 ENCE EASTWARD ALONG SAID SOUTHSIDE OF SAID ROAD 150 FEET TO A POINT, THENCE SOUTHWARD IN A STRAIGHT LINE 154 FEET MORE OR LESS TO THE SOUTHERN BOUNDARY OF SAID PARCEL DESC D IN DEED BOOK 97, PAGE 218, AT BARTLETTS CREEK, THENCE WESTWARD ALONG SAID CREEK AND ARY TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED INDEED BOOK 97, PAGE 218, THENC-MRTHWARD 210 FEET ALONG THE WESTERN BOUNDARY OF SAID PARCEL DESCRIBED IN DEED BOOK 97�P.AGE 218, TO THE POINT OF BEGINNING. P XV-T CQNE-YSAND COUNSELLORS AT LAW Virginia Beach Suffolk March 1, 2019 Chesapeake Received Darryl Herbert Roadcap W p 6 _ 2019 c/o Jason R. Roadcap ��-�� 631 Fernwood Fauns Rd. Chesapeake, VA 23320 RE: Roadcap, Darryl Herbert - Estate Administration To Whom It May Concern: www pendercoward.com Burke W. Margulies, Esq. l�wl�tcoe�d.e�r� Direct dial: (757) 490-6275 Diredin! (757)502-7362 222 Central Park Ave., Suite 400 Virginia Beach, VA 23462 This firm has the privilege of assisting Jason R. Roadcap with regard to the administration of the estate of his late father, Darryl Roadcap. Darryl Roadcap died on January 5, 2018 intestate. He was survived by only one heir, his son, Jason R. Roadcap, presently residing at 631 Fernwood Farms Road in Chesapeake, Virginia. Please let me know if any further information is needed in this regard. Sincerely, PENDER & COWARD, P.C. 1�J1 N�a� Burke W. Margulies COMMONWEALTH OF VIRGINIA AT LARGE The fare cling in trument was acknowledged before me in the City of Vi inia Beach, Virginia this da , 2019, by Burke W. Margulies, who is persona wn to me. y� a E R N 'airy � _. P lT/ rrr is 778e5�o Notary Public sMY C¢MM. t XplR 02t2g/20' BOm Sl{{fii a I1res: }s2imber: rrrrrq �` BW*1 File No. 59433 16 O 111111111111111111111111 Doc No 327734 Recorded: 03/13/2017 11:03:07 AM Fee Amt: $64.00 Page 1 of 4 Currituck Countv North Carolina Denise A. Hall, Register of Deeds BK 1399 PG 163 - 166 (4) NORTH CAROLINA DEED OF TRUST SATISFACTION: The debt sed by the within Deed of together with the note(s) secured thereby hQ been satisfied in full. This the day of Signed: Tax Lot No. Verified by Recording: Time, Book and Page 0107-000-0026-0000 and Parcel Identifier No. 0107-000-0035-0000 Countyllthe day of Y� Mail after recording to Brumsey and Brumsey, PLLC, PO B9x 100, Currituck, NC 27929 This instrument prepared by William Brumsey, III/mnm fFile no. 17650664 Brief Description for the index O Poplar Branch Township THIS DEED of TRUST made this 13 day of March �a. 2017 , by and between: F\--> GRANTOR TRUSTEE BENEFICIARY Darryl H. Roadcap, unmarried William Brumsey, III Shan O'Neal Twiddy 0 4720 Larkspur Ct. PO Box 100 PO Box Virginia Beach, VA 23462 Currituck, NC 27929 Mantecit 7954 Enter in appropriate block for each party: name, address, and, if appropriate, character of a e.g. corporation or partnership. X The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and hilt include singular, plural, masculine, feminine or neuter as required by context. WG fNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of One Hundred Thousand Dollars an p0/10^ — --- -- Dollars 100,000.00 ), as for I by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date of said Promissory Note, if not sooner paid is April 13, 2020 NOW, Tt�tIREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this and costs of 40ection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of hereby acknow�ged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the Poplar Branch �( Township, Currituck County, North Carolina, ( the 'Premises") and more particularly described as follows: See attached Exhibr't-�A" Y TO HAVE AND TO i said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors, and assigns fer, upon the trusts, terms and conditions, and for the uses hereinafter set forth. If the Grantor shall pay thlote secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or ie$art, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this co veyance shall be null and void and may be cancelled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not cured within ten (10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditi s of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of r�t or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in aiakof such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the lanq-herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedtKWand obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place —of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law th n relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is'*powered. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. 0 The proceeds of the Sale shall after the Trust��,ytains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceeding, be applied to the costsle, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provision hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five pelt�it (5%) of the gross proceeds of the sale or the minimum sum of $750.00 whichever is greater, for a completed foreclosure. In the a@t foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attomer;�fees, and a partial commission computed on five per cent (5%) of the outstanding indebtedness or the above stated minimum sum, ichever is greater, in accordance with the following schedule, to -wit: one-fourth (1/4) thereof before the Trustee issues a notice of h ' g on the right to foreclosure; one-half (1/2) thereof after issuance of said notice; three -fourths (3/4) thereof after such hearing; and th ater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the stee as follows: 1. INSURANCE. Grantor shall keep all improvements on said I�r , now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casu s and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the um secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment Qf premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be adde a principal to the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All proceeds fany insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in install s, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon�,9,?,roperty. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessr?Aer4§ and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the evenVihAt Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the samo*d the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon nand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFITS. Grantor assigns to Beneficiary, in th vent of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take Session of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting {{{{Q��, ny such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 7 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release pro4s n is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein containedrantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and -.provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken tr�jer the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the righ ,W( receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Bene ciary who shall have the discretion to apply the amount so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinabove stated. Title to the property hereinafter ATHE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. .ALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, Oveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law [other than: (i) the creation of a lie(�)r other encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) "reation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on t "ath of a joint tenant or tenant by the entirety; (v) a transfer into an inter vivos trust in which the Grantor is and remains a benefbaa and which does not relate to a transfer of rights of occupancy in the Premises], without the prior written consent of Beneficil Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payal . Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conv*nce or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for co eration, shall be deemed to be the transfer of an interest in the Premises. 10. ADVAN92MENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument , ven as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such coven is or obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in thote secured hereby for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anoDng contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event "efault. 11. INDEMNITY. I suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the v or or of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary fr y loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secur ereby for sums due after default and shall be due and payable on demand. 12. WAIVERS. Grantor es all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the e&cise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attomeyyAa�t law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trusttp in such action shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest af)he rate provided in the Note for sums due after default. 14. PRIOR LIENS. Default under th"rms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. C 15. OTHER TERMS. C, IN WITNESS WHEREOF, the Grantor has hereunto t his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duty authorized officers and its epl to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Use ck Ink Only (Corporate Name) _ (SEAL) arryl H dcap By. - — - (SEAL) President ATTEST: ,,,,,,,,,_ Secretary (Corporate Seal) (SEAL) (SEAL) 41J, '' "; `� `�ALNr P �'- bJORTH CAROLINA, Currituck C County. a Notary Public of the County and state aforesaid, a �fy that Darryl H. Roadcap ; _ n Grantor, C- 99 �BL[G �Ck COUN�� SEAL -STAMP ly appeared before me this day and acknowledged my hand and official stamp or seal, this 13 day of My Commission expires: NORTH CAROLINA, I, a Notary Public of the County and state aforesaid, certify that tion of the foregoing instrument. 0 County. Notary Public personally appeared before me this day and acknowledged `� that - is Secretary of a North Carolina corporil�, and that by authority duty given and as an act of the corporation, the foregoing instrument was signed in it name by its President, sealed with its corporate seal and attested by as its Secretary , 11,1O Exhibit "A" X')�N�ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND LYING AND BEING SITUATE IN CURRITUCK COUNTY, ORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: gtACT ONE: BEGINNING AT A POINT IN THE NORTHERN RIGHT-OF-WAY LINE OF DOWDY BAY ROAD (NCSR 106), SAID POINT BEING A COMMON CORNER BETWEEN THE PROPERTY OF BILLY W. WILLIS AND WIFE, JAI#TTE E. WILLIS, AND M. A. STEVENS AND WIFE, DIXIE WILLIAMS STEVENS, AS SHOWN AND DEPICTED IN * LINE AGREEMENT RECORDED IN BOOK 322, PAGE 280, IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY. SAID POINT BEING DESIGNATED AS POINT"A" AS SHOWN ON THE PLAT RECO WITH THE AFORESAID LINE AGREEMENT. THENCE FROM SAID POINT OF BEGINNING SO LOCAT ORTH 05 DEGREES 59' 49" WEST 144.42 FEET TO A POINT; THENCE NORTH 39 DEGREES 50' 25" EAST 109. ET TO A POINT; THENCE SOUTH 32 DEGREES 21' 08" EAST TO POINT "D" AS SHOWN ON THE AFORES ; THENCE SOUTH 32 DEGREES I Y EAST 95.17 FEET TO A POINT IN THE NORTHERN RIGHT- OF- WAY L OF DOWDY BAY ROAD; THENCE ALONG AND WITH THE NORTHERN RIGHT- OF- WAY LINE OF DOWDY B ROAD THE FOLLOWING COURSES AND DISTANCES: SOUTH 46 DEGREES 15' 11" WEST 60.0 FEET; SOUTH EGREES 37' 38" WEST 55.80 FEET; AND SOUTH 57 DEGREES 59' 02"ST 53.65 FEET TO THE POINT OR PLAC F BEGINNING. CONTAINING 18,930 SQUARE FEET AS SHOWN ON THE SURVEY ENTITLED "M.A. AND DE . STEVENS" RECORDED IN BOOK 322, PAGE 284, IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY. THE ABOVE-DESCRIBEDTROPERTY BEING ALL FOR THE PROPERTY ACQUIRED BY M. A. STEVENS AND WIFE, DIXIE, W. STEVETMZY THE DEEDS RECORDED IN BOOK 82, PAGE 292, AND BOOK 91, PAGE 483, IN THE OFFICE OF THE REGISTO OF DEEDS OF CURRITUCK COUNTY, EXCEPT FOR THE PORTION OF THE PROPERTY CONVEYED T"ILLY W. WILLIS AND WIFE, JANETTE E. WILLIS, BY THE LINE AGREEMENT RECORDED IN BOOK 322, P VW 280, AND SUBJECT TO THE RIGHT-OF-WAY OF DOWDY BAY ROAD (NCSR 1130). THE DESCRIPTIONS FORTH IN THE AFORESAID DEEDS ARE INCORPORATED HEREIN BY REFERENCE. le' TRACT TWO: ALL THAT CERTAIN X,OT OR PARCEL OF LAND LYING AND BEING SITUATE ON THE SOUTH SIDE OF DOWDY'S BAY ROAD, TIC D LOT HAVING BEEN PLATTED AND SURVEYED BY DAVID COX, JR., SURVEYOR, DATED 3RD DAY OF NO FIBER, 1950 AS RECORDED IN THE PUBLIC REGISTRY OF CURRITUCK COUNTY, THE SAID LOT LYING BEAVgEN LOTS NOS. 16 AND 17 ON SAID PLAT, AND THE LOT HEREIN CONVEYED NOT BEING NUMBERED ON D PLAT, IT BEING HOWEVER, A LOT FRONTING ON SAID ROAD 187 FEET AND EXTENDING BACK TO B LETTS CREEK AS SHOWN ON SAID MAP, THE EAST LINE BEING A DEPTH OF 154 FEET FROM THE SAID R TO THE SAID CREEK, AND THE WEST LINE BEING 210 FEET EXTENDING FROM SAID ROAD TO SAID C REFERENCE IS MADE TO SAID PLAT FOR PARTICULARITY OF THE LOT HEREIN CONVEYED, IT BEING T AME PROPERTY CONVEYED TO A.R. CREEKMORE AND A.R. SMITH BY DEED OF LOGAN B. PUGH AND WIF ATED THE 20TH DAY OF DECEMBER, 1950, AND BEING THE SAME PROPERTY CONVEYED TO JAMES N. G TT BY DEED OF A.R. CREEKMORE, ET AL. DATED THE 12TH DAY OF OCTOBER, 1954, AND DULY REC ED IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY, NORTH CAROLINA IN DE OOK 85, PAGE 530, AND BY GARRETT CONVEYED TO V.E. PLUNKETT BY DEED RECORDED IN BOOK 87, PAGE 155, AND DEVISED V.E. PLUNKETT TO L.L.PLUNKETT BY HIS WILL RECORDED IN WILL BOOK 8, PAGE 318. SAID PROPERTY BEING THE PROPERTY CONVEYED BY LESLIE L. PLUNKETT AND RUTH E. PLUNKETT TO M.A. STEVENS AND WIFE, DIXIE W. STEVENS, BY THE DEED RECORDED IN BOOK 97, PAGE 2e,,IN THE OFFICE OF THE REGISTER OF DEEDS OF CURRITUCK COUNTY, NORTH CAROLINA. �nn SAVING AND EXCEPTING FROM THE ABOVE-DESCRIBEIT�P PERTY THAT PROPERTY CONVEYED TO WAYNE B. SPOON AND WIFE, EDNA C. SPOON, BY M.A. ST S AND WIFE, DIXIE W. STEVENS, IN 1963, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOWS: BEGINNING ON THE SOUTH SIDE OF DOWDY'S BAY ROAD AT THE( ORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM LESLIE L. PLUN)oft AND WIFE, RUTH S. PLUNKETT, TO M.A. STEVENS AND WIFE, DIXIE W. STEVENS, UNDER DATE OF JUNEV1962 AND RECORDED IN THE PUBLIC REGISTRY OF CURRITUCK COUNTY IN DEED BOOK 97, PAGE 218\.,TlENCE EASTWARD ALONG SAID SOUTHSIDE OF SAID ROAD 150 FEET TO A POINT, THENCE SOUTHWARD IN A STRAIGHT LINE 154 FEET MORE OR LESS TO THE SOUTHERN BOUNDARY OF SAID PARCEL DESCR46D IN DEED BOOK 97, PAGE 218, AT BARTLETTS CREEK, THENCE WESTWARD ALONG SAID CREEK AND BPYNDARY TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN DEED BOOK 97, PAGE 218, THENCE7PPRTHWARD 210 FEET ALONG THE WESTERN BOUNDARY OF SAID PARCEL DESCRIBED IN DEED BOOK 9 ,� GE 218, TO POINT OF BEGINNING. Y N