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HomeMy WebLinkAbout71793D - Taylorq-•z�-mow 1 r vyv li7 ) CAMA / ❑ DREDGE & FILL N2 71793, A B C O GENERAL PERMIT Previous permit# XNew CModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 r7 H , 2000 ❑ Rules attached. Applicant Name ROn1r RT pt SfRIA/A 7777;JC*- Address-& 3 - S B�^/nlF T-� 1 K/tI L S W City CiALAR A SN State— ZIP Z 84 [, 7 Project Location: County f Q u N S ov I c K. Street Address/ State Road/ Lot #(s) 9 9 4- 5 A Nc F- 5Yc E: I.-r Phone # ( 910) 3 1#7. 071 to E-Mail FISH /NG 0 A'TM C. NI:'r Subdivision ,A,//A Authorized Agent LAND MAMA G EM>cNT 6 Ruu r', 2N c . City C AAAsASH ZIP 2-94-& 7 Affected )(CW XEW XPTA ❑ ES ❑ PTS Aoswr Phone # (3 10) 492 - 00 01 River Basin /tM l55 Iz AEC(s): o 6EA ElHHF ElIH ❑ UBA ❑ N/A Adj. Wtr. Body C AL A HASH Riveg at /man /unkn) ❑ PWS: ORW: yes / 0 PNA yes /©o Closest Maj. Wtr. Body SA MC Type of Project/ Activity Qf PLACE CoN cRE.TE / WOOVF-N T 1 ER WITH A Ma: W ltA1 SCD ~ I' OOUEnI f 1' f;R IN XI S_TI NC, rODTPkINT TO MARIA/A (Scale:_J"' =z01) A ier (dock))IMM t 7' X f 54 ' Platform(s) ng Platform(s) Groin Bulkhead/ R rap length_ avg dicta a offshore_ max distan offshore Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Bulldozing he QAZE:ao 7/X 10' i Shoreline Length + �7 SAV: not sure yes ©o Moratorium: 4D yes no Photos: es no Waiver Attached: X Q no 4 '493q JNANCE QL4445 A CE ST. A building permit may be required by: row.✓ of CA L A 8 A S N ( Note Local Planning jurisdiction) Glrl/II•WI.1MINI//I1 J ?NIO 7AYL.OP- ?%I 995b MICE ❑ See note on back regarding River Basin rules. Notes/Special Conditions O'7Fi. 2000 AND ALL OTH5g LOCAL . STAB AND FE.PEI2Al- RE&UL.A7"Io NS APPLY. Agent or Applicant Printed Nalme Signature ' Please read compliance statement on back of permit $ 2®C 1274 Application Fee(s) Check # 1 yLFR MC C.'�ujRE Permit Officer's Prin Name Um A C Signature y lZol9 5' .2019 Issuing ate # Expiration l5ate LMG LAND MANAGEMENT GROUP a DAVEY# company January 3, 2019 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Calabash Fishing Fleet -Robert Taylor Tyler, On behalf of Robert Taylor, I would like to request a General Permit under Section .2000 for the minor modification and repair to an existing pier. The property is located at 9945 Nance Street in Calabash, Brunswick County. The applicant is proposing to repair the wooden shore parallel pier, including converting a portion of the existing concrete pier to wooden. There are no changes to the existing floating docks, remaining portion of the concrete pier or existing buildings. See attached permit figures for complete details. A waiver from the southern adjacent riparian property owner is attached and the northern adjacent riparian owner was notified by certified mail. Please let me know if you have any questions or need anything in addition to process this General Permit request. Sincerely, Greg Finch Land Management Group Enclosure: Permit Figures, Adjacent Owner Waiver and Easement, Deed, Agent Authorization and $200 Fee Check RECEIVED JAN 0 3 2019 DCM WILMINGTON, NC www.lmgroup.net • info(a',lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 PTC11 ► al•(i ► • ••i • T ma Na-ne of Prop" Owrw RequesWg Pemut AOL TA ?t—e& _ Phork.► Number: �o - 3 7 — [? / (, _ Emad Address: f'IS#L�� 6� ATpV • Ayl f I oart,#y mat i Ita+re ac,tnonzed rF�C� u�P AQVV f to so on my behalf. for the purpose of M*ng for and obtamg SO CAMA perfifst necessary for ft b&ov V ppropoaed de"+opmeM Lv-thvNr �����'?�+✓�. t�ID[{� //�?�2eVF,I�?f�J'�� �%c7� Cu.11Tit✓CTrr;�✓ at my property located eI A.11..�,L STM&T E&A in &VWVICk Cmmty I flw#W"X re CsftfY MW I ern SU*W4*d So grail. 8nd do xrr fact gran: permission to Drvfaigr► of Caaste A&nagsM&W sWE Me LOCW POrrnd CNf} er and their agents.to enter on 0* alo¢nw*0ned fad in eonnecOon wm etvaWtng ,:nformal*n re ,a"end to th,s Par* apPbcabw- P;yrtry Nrntr 1nfoe-a60-: �dISC�T` Tiy � Prw or Type pima 7 n,$ ecervicas:on, ts valid throug� /Z 13 I 11 JAN 0.3 2019 DCM WILMINGTON, NC LMG LANDMANAGEMENT GROUP a DAVEYI company December 21, 2018 Nance Seafood LLC 1381 Thomasboro Road SW Calabash, NC 28467-2715 To Whom It May Concern: Robert E. Taylor is applying for a CAMA General permit for development on their property located at 9945 Nance Street, Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed updated drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at Minch@lmgroup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures !RECEIVED www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 JAN 0 3 2019 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 94NCE &l9F-ocn u c last Ttt SBO ko RbAo Svc CA SE-, tVL 111111111 DII 111111111111 IIIIIII 11111111N1 III 9590 9403 0119 5077 8032 20 2. Article Number (transfer from service label) 7005 1820 0002 9135 7934 PS Form 3811, April 2015 PSN 7530-02-000-9053 A. Signature �J c ❑ Agent ❑ Address B. Received by (printed Name) C. a of Dyiv Z2 � D. Is delivery address different from item 1? Yes If YES, enter delivery address below: ❑ No J. ServlCS Type ❑ Adult Signature ❑ Priority Mail Express® Adult Signature Restricted Dellvery Certified Mall® ❑ Registered Mallm ❑ �d Mail Restricted Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Conflnnatlon^ ❑ Insured Mall ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery (aver $500) Restricted Delivery ■ C implete items 1, 2, and 3. A. Signature ■ P t your name and address on the reverse sdthat we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Printed Name) or on the front if space permits. 1. Article Addressed to: NONCE VF-wn L",'—' 101 TAU4As806 ROq 6VV CA S*,tVL 2-Not--nIS 111111111 IN 11111111111111111111111111111111111 9590 9403 0119 5077 8032 20 z. Article Number (transfer from service label) 7005 1820 0002 9135 7934 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ❑ Agent ❑ Addressee C. a of D livery ;7r-7dI,�r D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED JAN 0 3 2019 3. Servicd.i¢PdVI V1t I L M I N U T Q kiokj Qil Express® ❑ Adult Signature ❑ Registered MailTM Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail® Delivery Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt RECEIVED JAN 0 3 2019 DCM WILMINGTON, NC Rf Y InCsted at Mss Mw" st..* oll Pft, ©Mrrtaet� on w Caka k RV& 0 Sed aiE ed Geneml Perch drawft& Sheets 1-4 of 4. dated 121�1212'010, 8 I undamarta that a pittrst. ALYER float ramp bn�kwater, bzouftuse, 1itt. or gram must be set bade a mini ce of 15' tr n my area of riparian access unless waived by me. (If you wigh to waivetha. . YOU must irliia�l the apprapriate blank below) I do not wish to Wave the 15` setback requttemept (Propeirty C*ner Information) (Adjacent Property 0*-nw tftfcaarmstionj SiNwxUre Room tRow PfV ar Tygm /Yams "saftw 1rgm aw Afavgrg ", Ar+ni+nrr '1 if1Ii :Of OnlEt cra�endar (R&v6WAW 20 ; Y� • S►QR�ttRE� Brunswick County --Register of heeds Robert J. Robinson Inst #282464 Book 2207Page 1219 08/05/2005 05:53:23pn Rect STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF BRUNSWICK I� THIS DEED, Made this the !; tl.- day of August, 2005, by and between EARLINE P. NANCE JONES and husband, JOHNNY JONES, of Horry County, South Carolina, hereinafter referred to as Grantor; to ROBERT E. TAYLOR and wife, SERINA ANN TAYLOR, of 635 Bennett Trail SW, Calabash, NC 28467, hereinafter referred to as Grantee; The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT said Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to it in hand paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does grant, bargain, sell and convey to the Grantee, in fee simple, all of that certain tract or parcel of land located in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: BEING ALL of Parcel A as shown on that map prepared by Bobby M. Long, RLS, dated October 16,1997, a copy of which is attached to the deed recorded in Book 727 at Page 226 of the Brunswick County Registry, and which is also shown as the 0.26 acre parcel on that survey by James R. Tompkins, PLS, dated March t , 2005 and and recorded in Map Cabinet 3*� at Page of the Brunswick revised County Registry. 20051 22, Earline Nance Jones was the sole devisee under the Will of Joseph L. Nance, Sr., who died testate in Horry County, South Carolina, on April 25, 2001. An exemplified copy of the Will is filed in File No. 02 E 258 in the office of the Clerk of Superior Court of Brunswick County, North Carolina. For back reference, see deeds recorded in Book 727 at Page 226, Book 402 at Page 786, Book 338 at Page 874, Book 343 at Page 268, Book 343 at Page 266, Book 451 at Page 690, Book 466 at Page 916, Book 346 at Page 836, Book 339 at Page 526 and Book 51 at Page 512, all of the Brunswick County Registry. RECEIVED Prepared by The Anderson Law Firm, PLLC DCM WILMINGTON, NC Lrist A 2824G4 Book 2207Page: 1220 TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, in fee simple. AND the Grantor covenants with said Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for any exceptions hereinafter stated. Title to the property herein described is subject to the following exceptions: Subject to easements, conditions and restrictions of record, if any, and 2005 ad valorem taxes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal on the day and year first above written. (SEAL) Earline Nance Jones (SEAL) ^Joh ny(� es STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Public of the County and State aforesaid, certify that EARLINE NANCE JO ES and husband, JOHNNY JONES, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein set forth. WITNESS my hand and official seal, this day of August, 2005. Notary Public My commission expires: 3 G 7 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Nx: r.' . r a 1fF a -TT The Foregoing (or annexed) Certificate(s) of Notaryoes) Public is (are) Certified to be Correct. S t h This Instrument was tiled for Registration on this Day of _ . _ Ad - in the Book and page shown on the First Page hereof. RO E . J. Rl I . N, Register of Deeds RECEIVED JAN 0 3 2019 DCM WILMINGTON, NC Illllll lilt IIII . 00IIII II IIIIIIIIIII 82502 P09243390. fD,��� arunsuiok CountyNC Register oDeeds pnge 1 o4 20 STATE Of NORTH MOLINA ` COUNTY OF IRUNSM this Ins4msn h61ou nled ,nr Rija n;lon Q%@ IOW fOs Ind in Ih, Beot��Jd tugw A � nor STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK ROBERT E. TAYLOR and SERINA ANN TAYLOR, Plaintiffs, VS. DORIS W. NANCE Defendant. "'`' 1tFrGl OI AJI? pG# CASfi.�:�, IN THE GENERAL COURTS OF JUSTICE SUPERIOR COURT DIVISION FILE NO.05 CVS 1903 EASEMENT AGREEMENT, RIGHT OF FIRST REFUSAL, SETTLEMENT AGREEMENT, AND RECIPROCAL RELEASE OF CLAIMS TAX PARCEL ID NO: 2550005801, 25500057 THIS EASEMENT AGREEMENT, RIGHT OF FIRST REFUSAL, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS("Agreement"), made as of the _L�day of November, 2006, between and among ROBERT E. TAYLOR and SERINA ANN TAYLOR (hereinafter individually and collectively referred to as "Plaintiffs") and DORIS W. NANCE (hereinafter referred to as "Defendant"), all collectively sometimes referred to as the "Parties." WHEREAS, Plaintiffs are the owners of real property located in the Town of Calabash.. County of Brunswick, North Carolina, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Plaintiffs' property"); RECEIVED JAN 03 2019 DCM WILMINGTON, NC e NII'll I,I I II III'll IIII I'll fll 250 C JW}y 11-07 o �13 336 36 000 Brunswick County, NC Register o1 Dead& page 2 or Ze WHEREAS, Defendant is the owner of real property located in the Town of Calabash. County of Brunswick, North Carolina, more particularly described on Exhibit "B" attached hereto and incorporated herein by reference ("Defendant's property"); WHEREAS, a dispute had arisen between the Plaintiffs and Defendant concerning the properties mentioned above and a pier and dock located behind Plaintiffs' property and Defendant's property ("Dock Dispute"); WHEREAS, this dispute is presently pending in Brunswick County Superior Court, File No. 05-CVS-1903; and WHEREAS, the Parties engaged in a Mediated Settlement Conference which took place on August 31, 2006, and September 11, 2006, and subsequent negotiations which resulted in a negotiated Settlement Agreement to resolve all disputes between the Parties, and the Parties desire to finally resolve all issues regarding said matters. NOW, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES MADE HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE LEGAL SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: I. Encroachment Easement. Plaintiffs hereby give, grant and convey unto Defendant, her successors and assigns, a perpetual casement to maintain that portion of the building and wood walk located on Defendant's property which is situated on Plaintiffs' property and to enter upon Plaintiffs' property for the purpose of conducting such repair as is necessary to continue to maintain said building and wood walk. The area over which the easement for encroachment is granted is located and shown on the survey prepared by Sherwin D. Cribb attached hereto as Exhibit "C" and further described on Exhibit "D," Description of Easement RECEIVED JAN 03 2019 DCM WILMINGTON, NC I III II I IIIlIIIII IIIIIIIII fllllll Bober Pe Ro Aso" 3a 000 runs�lck County. NC Register of Deeds pnge 3 of 20 Area. If the building and wood walk on Defendant's property are destroyed, Plaintiffs shall not object to and shall consent to the building and wood walk being rebuilt on the present footprint including the area encroached upon; however, the area of the encroachment cannot be enlarged. The Parties mutually agree to cooperate with respect to permitting issues in the event of a loss and subsequent rebuild of the building and wood walk by Defendant or her successors. a. fo have and to hold the above described easement unto Defendant, her successors and assigns, forever and in perpetuity; it being agreed that the easement hereby conveyed is appurtenant to and runs with Defendant's property. b. Plaintiffs do hereby covenant that they are seised of their respective premises in fee simple, have the right to convey the interest conveyed and bind themselves, their successors and legal representatives to warrant and forever defend said easement granted unto Defendant, her successors and assigns, against the claims of all persons whomsoever lawfully claiming or to claim the same, or any part thereof. 2. Ownership of Pier and Dock and Easement. a. Parties mutually agree that i. Plaintiffs have ownership and control of that portion of the original dock and pier located westward from that plank marked with a paint dot by Wayne Long. The plank marked with a paint dot is the 28`1' plank westward of the eastern end of the dock and pier as the same was located prior to the installation of the connector, located and shown on the survey 3 RECEIVED JAN 03 2019 DCM WILMINGTON, NC I IIIIII i I III II II II .il i IIIII I I az�0z PRzi i�s� 3e o00 B—swck County, NC Req—te, of Duds page 4 of 20 prepared by Sherwin D. Cribb attached hereto as Exhibit "C" and further described on Exhibit "E," Description of Pier Agreement Line; and ii. Defendant has ownership and control of that portion of the original dock and pier beginning with and including the plank marked with a paint dot by Wayne Long and running eastward to the eastern end of the dock and pier as the same was located prior to the installation of the connector. The plank marked with a paint dot is the 28`h plank westward of the eastern end of the dock and pier as the same was located prior to the installation of the connector, located and shown on the survey prepared by Sherwin D. Cribb attached hereto as Exhibit "C" and further described on Exhibit "E," Description of Pier Agreement Line. b. To the extent that any portion of the dock and pier described in Paragraph 2(a)(i) above is located within Defendant's riparian corridor, Defendant does hereby give, grant and convey unto Plaintiffs, their licensees, agents, successors and assigns, a perpetual casement over and across that portion of the original dock and pier located westward of that plank marked with a paint dot by Wayne Long, said plank marked with a paint dot being the 28ih plank westward of the eastern end of the dock and pier as the same was located prior to the installation of the connector, located and shown on the survey prepared by Sherwin D. Cribb attached hereto as Exhibit "C" and further described on Exhibit "E," Description of Pier Agreement Line. 4 RECEIVED JAN 0.3 2019 DCM WILMINGTON, NC 2006 III I I II II IIIIII III II IIII III Rober P�za ln'0n 39 000 Brunswick County, NC Register of Deeds page 9 of 20 To the extent that any portion of the dock and pier described in Paragraph 2(a)(ii) above is located within Plaintiffs' riparian corridor, Plaintiffs do hereby give, grant and convey unto Defendant, her licensees, agents, successors and assigns, a perpetual easement over and across that portion of the original dock and pier beginning with and including the plank marked with a paint dot by Wayne Long and running eashvard to the eastern end of the dock and pier as the same was located prior to the installation of the connector. The plank marked with a paint dot is the 28`h plank westward of the eastern end of the dock and pier as the same was located prior to the installation of the connector, located and shown on the survey prepared by Sherwin D. Cribb attached hereto as Exhibit "C" and further described on Exhibit "E," Description of Pier Agreement Line prepared by Sherwin D. Cribb. i. To have and to hold the above described easements unto the Parties, their successors and assigms, forever and in perpetuity; it being agreed that the easements hereby conveyed are appurtenant to and run with the Plaintiff's' and Defendant's property. ii. The Parties hereby bind themselves, their successors and legal representatives to warrant and forever defend title to said easement granted, unto each, and their successors and assigns, against the claims of all persons whomsoever lawfully claiming or to claim the same, or any part thereof. 5 RECEIVED JAN 0.3 2019 DCM WILMINGTON, NC I II II I(II �I I II III I Illl I I I I B2 er ?�29 so"-3a °°° Brunswick County, NC Register of Deeds oage 6 of 29 c. The Parties mutually agree to maintain their respective docks and piers in good repair for pedestrian ingress and egress. This covenant does not, however, constitute a requirement that either party may require the other to rebuild their respective portion of the dock and pier in the event said facilities are destroyed. d. The Parties mutually agree to cooperate with respect to CAMA issues about the connector or other improvements made to the entire dock and pier prior to the date of this Agreement. e. To the extent that the Parties desire to make improvements to that portion of the dock and pier under their ownership and control subsequent to the date of this Agreement, each party shall deliver to the other plans or drawings of the proposed improvements as well as any permit applications to be submitted for the proposed improvements. The plans and applications shall be delivered to the other party not less than 10 days prior to their submission to governmental or regulatory agencies. Neither party shall unreasonably object to or unreasonably withhold consent to the proposed improvements. However, each party shall have the right to object or withhold consent to any proposed improvements that would impair the use or value of their respective portion of the dock and pier. f The Parties further agree that each shall have the absolute right (but not obligation) to rebuild their respective dock and pier within the footprints described in paragraphs 2 (a) and (b) above. 3. Non-exclusive Easement to Use Pier and Dock. The Parties hereby give, grant and convey to each other, their licensees, agents, successors and assigns, a limited, non-exclusive 6 RECEIVED JAN 0.3 2019 DCM WILMINGTON, NC ifiiii i i iui i il�if illll �� �� III R.,5 "t I R- 13 o�-3a o0© Brunswick County. NC Register of Deeds .age 7 of 2E easement to use each other's property as described herein, and pier and dock for pedestrian ingress and egress. The limited right applies only to pedestrian access on, over and across their respective piers and docks and such portion of their respective properties as is required to gain access to the respective docks and piers. This pedestrian access easement applies to the Parties, their customers, and their invitees, but does NOT allow one party to make other commercial use of the other's dock and pier. Further, the Parties agree not to block access on, over and across each other's dock and pier by erecting a fence or other dividing structure. a. To have and to hold the above described easements unto the Parties, their successors and assigns, forever and in perpetuity; it being agreed that the easements hereby conveyed are appurtenant to and run with Plaintiff's' property and Defendant's property. b. The Parties do hereby covenant that they are seised of their respective premises in fee simple, have the right to convey the interest conveyed and bind themselves, their successors and legal representatives to warrant and forever defend said easements granted, unto each other, and their successors and assigns, against the claims of all persons whomsoever lawfully claiming or to claim the same, or any part thereof. 4. Right of First Refusal. Plaintiffs hereby give, grant, bargain, sell and convey unto Defendant a right of first refusal to purchase Plaintiffs' property. If Plaintiffs receive a bona tide offer to purchase from any third person that they are willing to accept, they shall provide written notice to Defendant of the offer along with a copy of the offer. Defendant shall provide written notice to Plaintiffs exercising the right of first refusal to purchase Plaintiffs' property on 7 RECEIVED JAN 03 2019 ®CM WILMINGTON, NC Jill II III I II I IIIIII IIII IIII II III B2502 P09Rob 31,n,Son 3206 6 000 Brunswick County. NC Register of Deeds page 8 or 20 the same terms contained in the offer within 30 days of receipt of the written notice and offer from Plaintiffs. In counting the 30 days, day one is the date following actual receipt of the written notice and offer by Defendant, and the offer expires if not accepted or rejected in writing at 12 midnight on day 30. If Defendant does not respond or agree in writing to purchase the Plaintiffs' property on the same terms, Plaintiffs shall be free to sell the property to original offeror on the terms offered, immediately following expiration of the 30 day right of refusal period. a. This Right of First Refusal may NOT be assigned without the written consent of all Parties, but if assigned by agreement, this Right of First Refusal shall be binding on the assignee and his heirs and successors. b. This Right of First Refusal may be waived by Defendant at any time by a statement in writing, duly executed and notarized, suitable for recording at the Brunswick County Registry. c. if not terminated at an earlier time either by written waiver by Defendant or by the events described in the preceding paragraph, this Right of First Refusal shall terminate and become null and void from and after October 31, 2026. d. This Right of First Refusal shall inure to the benefit of and be binding upon the respective successors, assigns and heirs of the Parties and shall run with the Plaintiffs' property and the Defendant's property 5. Bathroom Facilities. The parties acknowledge and agree that Plaintiffs will be constructing Bathroom Facilities on their property, in accordance with applicable local and state building codes and other applicable ordinances. Plaintiffs shall locate the bathroom facilities on S RECEIVED JAN Q 3 2019 CCM WILMINGTON, NC III1IIIIII IIII IIIIIIIIII�IIII IIII RobertB2502 PJ. Rob 0932 �';o07-2006 n:3B NO Brunswick County, NC Register of Deeds page 9 of 2E their property, across and on the northern side of Nance Street ("up the hill") unless precluded from building the Bathroom Facilities on the northern side of Nance Street by municipality or local government agency. In that event, Plaintiffs must provide Defendant with evidence that they are precluded by municipality or local government agency from constructing the Bathroom Facilities on the northern side of Nance Street. After providing such evidence to Defendant, Plaintiffs may construct the Bathroom Facilities on their property on the southern side of Nance Street but shall construct the Bathroom Facilities on the western half of the Plaintiffs' property. The Parties mutually agree to cooperate with respect to permitting issues about Plaintiffs Bathroom Facilities. h. Insurance Agreement. So long as the Parties to this Agreement (or their heirs or devisees) are the owners of the properties concerned, the Parties agree to maintain liability insurance for the benefit of their respective customers and invitees on the docks and piers, in the minimum amount of $1,000,000.00 and agree to provide proof of coverage to the other party upon request. 7. Agreement Not to Disparage the Other Party's Business. In the recognition that each can benefit from encouraging business for the other, the Parties mutually agree not to disparage, by words or actions, the other party or the other party's businesses, not to dissuade others from patronizing the other's businesses, and not to take actions which tend to jeopardize the profitability of the other's businesses. 8. Cash Payment. Plaintiffs agree to pay to Defendant in settlement of the disputed claims between the parties and in consideration for the above agreements the sum previously 9 RECEIVED JAN 03 2019 DCM WILMINGTON, NC II I II I I I I I N I II I I II I'll I I III II M NI L J. Robinson 380000 Brunswick County, NC Register of Deeds pegs 10 of 20 agreed to by the Parties. The sum shall be paid by Plaintiffs to Defendant in cash or cash equivalent at the time of the execution of this Agreement by the Parties. 9. Documents and Timetable. a. Promptly upon execution of this Settlement Agreement, the Parties shall prepare, execute and file with the Court such Stipulations. Notices or other documents as are necessary to dismiss and terminate with rP eLdicc all claims and counterclaims in the above -described Civil Action. b. Additionally, the parties agree to promptly record this Agreement at the Brunswick County Registry. c. The Parties agree to prepare such other and further documents as are necessary and appropriate to effectuate the terms of this settlement. M Release of All Claims. All Parties hereto fully understand and agree that upon all Parties' execution and recording of this Agreement, and the payment required by Paragraph 8, this Agreement shall constitute a mutual, full, complete and final release, settlement, satisfaction, and compromise of any and all claims, losses, demands, damages, causes of action, whether in law or in equity. of whatsoever kind and nature, from the beginning of time up to and including the date that this release of claims becomes effective, arising from or concerning the Dock Dispute or claims asserted or that could have been asserted in the Litigation (except for the performance and promises contained herein), for or against the Parties and their affiliates, heirs, executors, beneficiaries, administrators, representatives, officers, directors, shareholders, members, managers, employees, successors and assigns and respective insurers. 10 RECEIVED JAN 03 2u'iy DCM WILMINGTON, NC 111111 II I I II'IIIIINIIIII 1152502 P0934 an,sa5 38 300 8—nswick County, NC Re9keter of Deeds page 11 of 20 H. Dispute Resolution. If a dispute arises out of or relates to this Agreement or any of the Documents described in paragraph 9 above, or the breach of any of them, the Parties shall endeavor to settle the dispute first through direct discussions between the parties. If the Parties are not able to settle the dispute within thirty (30) days after written Notice of the dispute, the Parties shall submit the dispute to mediation as follows: a. Mediation. If the dispute cannot be settled as set forth herein above, the Parties shall endeavor to settle the dispute by mediation under the current rules for Forth Carolina Court Ordered Mediation before recourse to any other dispute resolution procedures. Once one party files a written request for mediation with the other party, the Parties agree to conclude such mediation within sixty (60) days of tiling of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate shall be delivered in person by the patty to the other party and the mediator. b. Litigation. If the dispute cannot be settled by mediation within sixty (60) days, the Parties may file an action in Brunswick County Superior Court or the federal district court for the Eastern District of North Carolina. 12. Notices. All written notices provided for in this Agreement or in the Documents called for herein shall be deemed given if delivered personally to a responsible representative of the party or if sent by facsimile (with written confirmation copy following) or by certified mail to the party at its address specified herein. Either party may from time to time, by written notice to the other, as herein provided, designate a different address to which to send notices. Notices shall be provided in the most expeditious manner possible. RECEIVED JAN a3 2019 0CM WILMINGTON, NC 06 IIIIIII IIII IIIII IIIIN Lill I�I Illr of Daeds pa� j,� 12 ne�20 Brunswick County, Mr. and Mrs. Robert E. Taylor Ms. Doris W. Nance 635 Bennett Trail SW 1381 Thomasboro Road SW Calabash, North Carolina 28467 Calabash, North Carolina 28467 13. It is understood and agreed that this settlement is a compromise of disputed claims and that any payment and concessions made hereunder is not to be construed as an admission of liability on the part of the persons, each of whom expressly denied liability. 14. All Parties hereto agree to pay and bear their own attorneys' fees, experts' fees, mediator's fees, and all other costs and expenses in connection with all matters, things and documents referred to herein, and the negotiation, preparation, execution and performance of this Agreement. 15. In entering into this Agreement, the Parties represent that the terms of this Agreement are fully understood and voluntarily accepted and that this Agreement contains the entire agreement between the Parties hereto, that all prior understandings, representations and agreements are merged into this Agreement, and the terms of this Agreement are contractual and not merely recital. 16. In addition to all other remedies at law or in equity pertaining to any breach hereof, specific performance shall be available to compel a Party's performance of this Agreement. 17. All warranties, representations, covenants, agreements and releases contained herein shall survive the execution of this Agreement. 12 RECEIVED JAN 03 2019 DCM WILMINGTON, NC 11 [ j 1 i 1111 I IN � � I III B2502 P0936 _07_2008 tl 35: 38 000 Robert J. Robinson Brunswick County, NC Register of Oeed5 p—je t3 of 20 18. This Agreement shall not he modified or amended except by an instrument in writing signed by all Parties hereto affected by said amendment or modification. 19. This Agreement shall be governed and interpreted by the laws of the State of North Carolina, without giving effect to conflicts of laws principles. IN WITNESS WHEREOF, the Parties have caused this instrument to be executed in their names, and the individual Parties hereto have set their hands and seals and adopted as their seal the typewritten word "SEAL" appearing beside their names. _ r ,L I (SEAL) Robert Taylor, Plaintit (SEAL) Serina Taylor, Plaintitt" 13 U(,J—1 �.c% �^ '---9 _ _ (SEAL) Doris W. Nance, Defendant RECEIVED JAN 0.3 2019 DCM WILMINGTON, NC Illnl I III I I III IIIIII►IIIIIIIII III B2 2 3. Rob 390000 Brunsuiok County, NC Rsglsker of Deeds page 14 of 20 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, /CLlf//c M- 1",11h!e a Notary Public for said County and State, do hereby certify that Robert E. Taylor personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the day of IV",v <p{L. 2006. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTARY PUBLIC •eww�ww.� M. �re, _ �pTAR ►- pUBL\G • •,��pFk C�� •++ wYs wM•• 1, &4h e-l/c-of , e , a Notary Public for said County and State, do hereby certify that Serina Ann Taylor personally appeared before me this day and acknowledged the due execution of the foregoing instrument. ^^ // WITNESS my hand and notarial seal, this the of `1/0` Alle , 2006. My Commission Expires: c-owo Id, � "// Act f�- NOTARY PUBLIC 14 •'� M. , oTAR }- z jOUBL\,- r •'r�►�FR C�J,•', RECEIVED JAN Q 3 2019 DCM WILMINGTON, NC I IIIII IIII I IIIIIII I IIIII III Robert P09 o ,r'so�-38000 Brunswick County, NC Register of Deeds oage 15 of 20 STATE OF NORTH CAROLINA COUNTY OFS-�R brunSwiCK 1, T� & 46Cr _ ____ , a Notary Public for said County and State, do hereby certify that Doris W. Nance personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 2 of NOVeMW , 2006. My Commission Expires: 3-30- 201c7 10AtIAOR-U—BLIC ------------- OFFvJ ",.L SEAL ' BRU�15YJi�K COU�!TY rARA S. F AZ(i _ {ER _ . EX ves W RECEIVED JAN 03 2019 DCM WILMINGTON, NC B2bert 17 39i' o�-3ae00 Brunswick County, NC Register of Deeds page 16 of 2e TAX PARCEL ID NO: 2550005801 Those certain lands and premises, lying and being in the County of Brunswick, North Carolina and more particularly described as follows: Being all of Parcel A as shown on that map prepared by Bobby M. Long, RLS, dated October 16, 1997. a copy of which is attached to the deed recorded in Book 727 at Page 226 of the Brunswick County Registry, and which is also shown as the 0.26 acre parcel on that survey by James R. Tompkins, PLS, dated March 1, 2005 and revised April 22, 2005 and recorded in Map Cabinet 33 at Page 47 of the Brunswick County Registry. Earline Nance Jones was the sole devisee under the Will of Joseph L. Nance, Sr., who died testate in Horry County, South Carolina on April 25, 2001. An exemplified copy of the Will is filed in File No. 02 E 258 in the Office of the Clerk of Superior Court of Brunswick County, North Carolina. For back reference, see deeds recorded in Book 727 at Page 226, Book 402 at Page 786, Book 338 at Page 874, Book 343 at Page 268, Book 343 at Page 266, Book 451 at Page 690, Book 466 at Page 916, Book 346 at Page 836, Book 339 at Page 526 AND Book 51 at Page 512, all of the Brunswick County Registry. EXHIBIT q RECEIVED JAN U 3 2019 0CM WILMINGTON, NC I I I I III II I IIIIIIIIII��IIIIIIII una'b-1 POMJ. R..2502 ;son 3a�j°a Brunswick County, tglster o4 D. eds pnge 17 of 20 TAX PARCEL [D NO: 25500057 Those certain lands and premises, lying and being in the County of Brunswick, North Carolina more particularly described as follows: Being all of Parcel B as shown on that map prepared by Bobby M. Long, RLS, dated October 16, 1987, a copy of which is attached to the deed recorded in Book 744, Page 222 of the Brunswick County Registry, which is also shown as Tract 1 and Tract 2 on that map recorded in Map Cabinet 33 at Page 430 of the Brunswick County Registry. '9 EXHIBIT 9 13 RECEIVED JAN 03 2019 OCM WILMINGTON, NC �I��IIIIII II 'IIIIIIII'llllllli'of 20 Brunswick County, NC RR llillllr of pssd � �.��� w lA CwCVNFI YWx_9 / Y1[tnu r . Ul � Mn a l•a .,��.W.li aM rtWxWh or ,�x \ � WWI aF,r[t•x. P� ` CA�BASH R,VEft .� TRACT : LEGEND w �qw TRACT I ry fOH J [IlwUt � •,� 1 x w•zenr c 4F Y OAK $TB66T w V� I cows a `a n alu ,� Y1wN. 01 r� SUE ■ 11 EXHIBIT n. AGREEMENT LINE DORIS NANCE VgMl9 U� xC NIOIQ9pW Wq A/N.1W t-EOM M 1.w110 •y R OK K Ayb- • EXHIBIT RECEIVED JAN 0 3 2019 OCM WILMINGTON, NC II I III I I II 11 I II Ifl IIII I' I I I RB2502obert J Ro ; =o� 3e°°°° Brunswick County t4C R*gister of Oeeds page 19 of 20 Shenvin D Cribb N C Professional Land Surveyor L-1099 1 144 Shipyard Blvd. Wilmington, N. C. 28412 Phone 910-791-0080 fax 910-791-6710 October 30, 2006 Description Of Easement Area Which Contains That Portion of Captain Nance Seatood Restaurant Which Lies West of the Dividing Line Between Doris Nance And Robert Taylor Beginning at the intersection of the center -lines of Oak Street (40 foot right-of- way) and River Road (60 foot right-of-way), also known as SR 1 166 in Calabash, North Carolina. Go thence South 29 degrees 18 minutes 35 seconds East 128.46 feet, along the center -line of said River Road to an old "PK" Nail. Go thence South 21 degrees 12 minutes 15 seconds East 31.65 feet. a tie line, to an old railroad spike. Go thence South 62 degrees 22 minutes 53 seconds West 30.37 feet to an old iron rod at the northernmost comer of Tract 1, as described in a deed to Doris W Nance recorded in Rook 2278 at Page 619 of the Brunswick County Registry. Go thence South 62 degrees 17 minutes 46 seconds West 87.98 feet, along the northerly line of said Nance Tract to an old iron rod. Go thence South 18 degrees 28 minutes 44 seconds East 162 00 feet, along the westerly line of said Nance Tract and the easterly line of a tract deeded to Robert E. Taylor and wife Serina A Taylor by deed recorded in Book 2207 at Page 1219 of the Brunswick County Registry, to an old iron rod THE TRUE POINT OF BEGINNING. Running thence from said beginning point: South 18 degrees 28 minutes 44 seconds East 25.21 feet, along the dividing line between said Nance and said Taylor Tracts to a point; thence North 32 degrees 34 minutes 15 seconds West 24.48 feet. along a new line to a point. thence 3. North 57 degrees 26 minutes 45 seconds East 6.14 feet, to the point of beginning. The above described easement contains 75 square feet. more or less. The same being a portion of said Taylor Tract. EXHIBIT RECEIVE[ JAN 03 2019 CCM WILMINGTON, NC 0 • IBrunswick I II�i'llN���i)Illr of D�sdJ. s pobiage 20n f 200 Sherwin 1) Cribb N C Prolessinnal Land Surveyor I -1099 1144 Shipyard Blvd. Wilmington, N. C 28412 Phone 910-791-0080 October 30, 2006 Fax 910-791-6710 Description Of Pier Agreement line For Doris Nance Beginning at the intersection of the center -lines of Oak Street (40 foot right-of- way) and River Road (60 foot right -of -sway) also known as SR 1 166 in Calabash. North Carolina. Go thence South 29 degrees 18 minutes 35 seconds East 128.46 feet, along the center -line of said River Road to an old "PK- Nail Go thence South 21 degrees 12 minutes 15 seconds East 31 65 feet, a tie line, to an old railroad spike. Go thence South 62 degrees 22 minutes 53 seconds West 30.37 feet. to an old iron rod at the northernmost comer of Tract 1. as described in a deed to Doris W. Nance recorded in Book 2278 at Page 619 of the Brunswick County Registry. Go thence South 62 degrees 17 minutes 46 seconds West 87.98 feet, along the northerly line of said Nance Tract to an old iron rod. Go thence South 18 degrees 28 minutes 44 seconds East 263.27 feet, along the westerly line ofsaid Nance Tract to an old iron rod. Go thence North 52 degrees 32 mir•-• 51 seconds East 16.62 feet, leaving the westerly line of said Nance Tract to a new iron pipe. Go thence South 37 degrees 27 minutes 09 seconds East 53.63 feet, to a new "PK" Nail on the northerly edge of a pier. THE TRUE POINT OF BEGINNING. Running thence from said beginning point: South 37 degrees 27 minutes 09 seconds East 5.24 feet, to a "PK" Nail on the southerly edge of said pier. The above described 5.24 foot line is the agreed line. on an existing pier, between Doris Nance and Robert Taylor. Doris Nance's interest lies East of said line and Robert Taylor's interest lies West of said line. RECEIVED JAN 03 2019 CCM WILMINGTON, NC