Loading...
HomeMy WebLinkAbout76525D - Meyers_ _ & • !,Y• LOLU >,c;'r r , — *4CAMA / DREDGE & FILL N t.1 `%(}� 21 � A B C GENERAL PERMIT Previous permit# KNew Modification 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 I SA NCAC Rules attached Applicant NameAAnLS9 V' w kos 9 P,1,1C4ftrVr1 Project Location: CounryAv HAfl0wJ- Address 1* ?tC4A 4 VQ f)VL Street Address/ State Road/ Lot #(s) A&wt * iian ho ll City 1J1��mt�� StateA zip Z,Q403 Ped 1DrR056a0-m1-o33-0P0 Phone # (91, ) 3q2 3560- E-Mail �yuA�-I Sac, rr.mo Subdivision S fMowl �^/U494 i�ll✓J' fW5 6d1l gals LLG City W'1#1t ZIP 'Ag403 Authorized Agent h Affected GW XEW xPTA ES PTS P ne # 910 )pp�dy- 7.?% River Basin � AEC(s): PEA HHF IH UBA WAAdl. Wtr. Body &*c4e �;�man unl, PWS I ',/ ORW yes / (T PNA (9 /no Closest Mal. Wtr. Body A / wr Type of Project/ Activity down. co, 6c Pier (dock) length r �' l,_ T Fixed Platform(s) lC, x 16i , Floating Platform(s) R VV%t Finger pier(s) — Groin length number , i Bulkhead/ Riprap length e�t r , avg distance offshore — Z, 1M .rv;d�ItQ' max distance offshore -� (� r' cfo r! Bann, channel cubic yards Boat ramp — Boathouset Boatkft Beach Bulldozing Other Shoreline Length *15 / SAV not sure yes (25 .F ,ter Py fk Dh f? m w, (Scale: t cd Kglt;(@1 9 IW-U KV+ f ew rtxt �. ,viK na�nyab� P='mow —•---A can,S.c�Q _ � v .. I I LAI— ` ... Moratoriumn,/a yes Photos, yes f�o Waiver Attached �e no ;/- A building permit may be required by: s,l L�1�l�Y'/11 WAI a / See note on back regarding River Basin rules. ( Note Local Planning Jurisdictior� e1 /��' p I__ j1 Notes/ Special Conditions p irQ35'7H Ri 0gig- b!M lAw 1`6 _!llf�� y{/4h 44*f)0// iA�[it �CAMA / ❑ DREDGE & FILL N9 76525 A B 3ENERAL PERMIT Previous permit# kNew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued irized by the State of North Carolina, Department of Environmental Quality coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 7 H. 1200 y��-" ❑ Rules attached. it Name�n 6 9 V4 VA Il O'S 9 PAVI atu ron Project Location: CountyAf t,,v l &oc v�,r I�h Paw) � VQ twc Street Address/ State Road/ Lot #(s) &kUAt IN�lm��gijm State NC ZIP j 9056do-Aoi-033_b00 (I,#) 392 3560 E-Mail Ir"I" W-1 QCI, U./ Subdivision ced Agent Salk kwk LLC City W114/Oh ZIP /2%4Q- I ❑ CW LWEW b'PTA ❑ ES ❑ PTS >,yPhonne�#�( 10) ad D- ?p AS River Basin ice+ 4 ElOEA ElHHF ElIH ElUBA 0 N/A dY�� P // �na1! /i Adj. Wtr. Bo- 0�A K PWS: yes / 6? PNA ye /no Closest Maj. Wtr. Body �WW f Project/ Activity rrb 0 `,ep 0l 1'vn, up-lel &'0 /,-f, xk) length �k i latform(s) I �x LI Xj iY Platform(s) AfD A �- �ngth ember _....... .............-- ►d/ Riprap length t- - ,g distance offshore ax distance offshore — I :hannel it. ibic yards mp use/ Boatlift iulldozing ne Length AJ not sure yes rium: n/a yes yes Attached: iJ no P/.4lyran A/ i (Scale: W ling permit may be required by: /�eN/�%�r � b � � _ 0_ _M ❑See note on back regarding River Basin: I nral Plannina Inricrlirtinnl i "1 v 1 �-6FV,d %y C'q-e� r- le-, RF-CEIVED MAY 18 2020 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION 1 Name of Property Owner Requesting Permit: \l� Mailing Address: Phone Number:© Email Address: e c- , C o I certify that I have authorized a',\- R. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits ` t � necessary for the following proposed development: L,o ':o at my property located at � �� �e.c.n.� ��� �o Cc * ko9b20 - ooI ,-IJ 3 in hSCounty. 4 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: Signature Print or Type Name Lai. 01upler Title AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: tacz Zs �j Mailing Address: �03�3 C�oS Z) t� L a(g 03 Phone Number: Email Address: I certify that I have authorized 7g0t �O•�C c�,`Ct�'S dim �� I 1 c. \O to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: IJ pC� at iy property located at t -2 in �D,�o�P S County. 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: Signature Print or Type Name ^ Title ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to�r ,, property located at ;l Yq- C C r, on ` ('�. (Address, Lot, in (Wat rbody) men of perty wner) C Roa } ty/To and/or County) C-U ,S N.0 The applicant has described to me, as shown below, the development proposed at the above location. i have no objection to this proposal. 1� 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) WAIVER SECTION I understand that a pier, dock, mooring pilings, 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. �OA I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Si nature ,, s t All 1/1 e✓S Print or Typ6 Name J �� pica.. t4U X�&I� QIC --1419-W, Signature" Pnnt or Ty03 Name / --)Co 6 cca n A u� ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to i7"'r. ? V C �� o' `'N tv 's property located am o raperty Owne \\ (Address, Lot, 1 k, Ro , etc.) on �0, e CV. in N.C. ( aterbody) (City! wn and/or County) The applicant has described 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) ,t WAIVER SECTION I understand that a pier, dock, mooring pilings, 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 s bac , 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. (Prope Owner Information) (Adjac nt Property ner Information) e 11r 1�ti Signature �,(yc�ignatureT ` -' & o c Je p�10., Toi �oS�Sor dM� Print or Type Name Print or ype Name (�� \ ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to ae t5 P + V i cr ;a - tip. ;^ (� e rS I (Name of Property Owner) property located at j N c_ (Address, Lot, Block, R ad, etc.) on 3 Ef �., Cf in u; ; L.� f�,. N.C. (V aterbody) (City own and/or County) The applicant has described to me, as shown below, the development proposed at the above location. Y2� 1 have no objection to this proposal. F, 3 1 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) 5t c r "te"Is. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, 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. AkU I do not wish to waive the 15' setback requirement. (Property Owner information) Signature Print or Type Name (Adjacent Property Owner Information) Signature N orb, (L!Z I,'L.-1 o 7- hV'/ Aq,.Vs Print or Type Name 3y u � I V.-t i, t A'v Ew961T OF A 15 Ft. Private Access Easement over the property of Virginia Mitchell Ayers City of IMmington, New Hanover County. North Cardtna Reference. Book 1266 Page 60. Book 1455 Page 1072 Date: December i2, 2019 BEARING — Lt 1 N T1318 11. 1-2 N 26 2 W 1 72 L3 S 58 6 8.48 L4 N 1 '4 00 0.28 23'23 0 E 80.7 L6 N 18 50 / 9 19. 7 N 31-0030 E .54 L8 02'07 28 W 4.4FE L9 12'27 01. E 4 . _ L10 N 1 32 4 11 N 46 42 E 24.01 Lt 50 7 E 15. 5 L13 N 07.41 51 26.37 VIRGINIA IATCHELL MYERS BK 1266 PG 60 BK 1455 PG 1072 Centerline of the 15 Ft. Private Access Easeme BRADLEY 20' PUBLIC R MB 42 PG 39 HIGH WATER LINE OF BRADLEY CREEK SANITARY SEVER ' MANff01E l v jr AVE. 7 ///� / CONCRETE MONUMENT l' / DANIEL ROSS CAMERON. A. DONNA SOUTHERLAND CAMERON 8K 8238 PG 2591 E)(ISTi4 ``��NruirtUtrr` IRONS// SEAL Di•�7v _.ei�'� LOCATION MAP NOT ro SCALE ) A 'DR l � RIB SANITARY SEVER / MAIJHOLF / J N NC GRID / NRD 83 w s / s 0 50, EXHIBIT or A 15 Ft. Private Access Easemeni over the property of Virginia Mitchell Myers City of WUmington, New Hanover County, North Carolina Reference: Rook 1266 Page 60, Book 1455 Page 1072 Date. December 12, 2019 DISTA L1 N S7'1318 w 11.15 12 N '2s 22 W 10.72 L3 58'26 22 E 8.46 50.2B L4 N 14'48 00 E L5 N 23'23 03 E 60.77 L6 N 16'5019 E 19.63 L7 N 31'00 30 E 31.54 L8 N 02707 28 W 24.47 L9 N 12'27 01 E 41.36 L10 N 1731 32 E 22. 4 1-7 1 N (Y48 42 IrE 24.01 L 12 N 35"01 7 E 15.45 L13 N 07'41 51 26'37 BR,gD��,rCREFK HIGH WATER LINE OF BRADLEY CREEK i SANITARY_ SEWER MANHOLE EXISTTNGZ IRON �O P/ ARGINIA MITCHELL MYERS i BK 1266 PG 60 BK 1455 PG 1072 Centerline of the 15 Ft, Private Access Easement BRADLEY AVE. J IF "0j^ 1 20' PUBLIC R\W MS 42 PG 397 �/� ��"� V (Z CONCRETE MONUMENT II I�2 / 2 DANIEL ROSS CAMERON, JR. DONNA SOUTHERLAND CAMERON BK 6238 PC 2591 EXISTING "'o%1tn1ill" IRONS/ SEAL = / LOCATION MAP ( NOT TO SCALE ) S)re pR �£S / /l �NITA'RY -- �y4-- SEVER MANHOLE / r / N NO GRID NA 83 w a / 3 L-3391 = , So' 25' 0 50, �o BK: RB 8274 IIICII�gI lll�lall�llll� PG: 2152-2161 RECORDED: 20200000TT NC FEE 526.00 01-02-2020 NEW HANOVER COUNTY, NC 01:44:11 PM TAMMY THEUSCH BEASLEY BY: ANGELA ENGLISH REGISTER OF DEEDS DEPUTY NEW HANOVER COUNTY -F; NORTH CAROLINA ACCESS EASEMENT AND MAINTENANCE AGREEMENT WHEREAS, the following parties have an interest in adjoining real estate situated in the City of Wilmington, New Hanover County, North Carolina and described, respectively, as follows: Daniel Ross Cameron, Jr. and Donna Southerland Cameron ("Cameron") are the owners of property having a New Hanover County tax parcel identification number of Ro-620-002-007-000, being known as and located at 6323 Circular Drive, Wilmington, North Carolina, and being more particularly described in that deed recorded in Book 170, Page 2 in the New Hanover County Registry ("Cameron Lot"); and Dennis Page Myers and Virginia M. Myers ("Myers") are the owners of property having a New Hanover County tax parcel identification number of Ro5620-001-033-0oo, being known as and located at 126 Pecan Avenue, Wilmington, North Carolina, and being more particularly described in that deed recorded in Booky , Page ',.� in the New Hanover County Registry ("Myers Lot"). WHEREAS, the Cameron Lot does not currently have access to Bradley Creek; and hold harmless the Beneficiaries with respect to any Claim which is the result of the wantonness, willfulness, or reckless of Myers or Myers' heirs or assigns. 6. The covenants recited herein shall be inserted in all deeds by reference that may be delivered by Myers or Myers' heirs or assigns granting and conveying all or any portion of the Myers Lot. 7. The Easement shall commence on the latter of (i) January 1, 2020 or (ii) the date on which this document is recorded. H. The Easement shall terminate the sooner of (i) fifteen (15) years from the date of commencement of the Easement, or (ii) in the event that the entire Cameron Lot is acquired in fee simple by an acquiree who is not a biological or adoptive child, grandchild, or sibling of Camerons, the date upon which said acquire revokes the Easement in writing to Cameron or any subsequent owner of the entire Cameron Lot. g. So long as the Easement is not terminated or expired, Myers and any subsequent owner of the Myers Lot shall cooperate with Cameron or any subsequent owner of the Cameron Lot in applying for and obtaining all governmental approvals which are necessary for the approval, construction, maintenance, or replacement of a non -floating dock on Bradley Creek, including providing signatures on governmental documents, for instance, the Adjacent Riparian Property Owner Statement. Provided, however, Cameron and any subsequent owner of the Cameron Lot shall be solely responsible for the cost of obtaining any such governmental approvals. io. This document is intended to be binding on the heirs, successors, and assigns of Cameron and Myers. IN WITNESS �k� WHEREOF, the�parties have hereunder affixed their hands and seals on this the day o 1 ec� 2o1g. [SIGNATURES TO FOLLOW] By; 04A- �� �k"'Af^-?SEAQ Print Name: Donna Southerland Cameron ACKNOWLEDGMENT STATE OF N4 G dz Tt C.ha-U COUNTY OF N �' tt V ' I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Donna Southerland Cameron, individually. Date: _ � '�C' , -2-0 t vl Official Signature of Notai3r Notary's Printed or `hyped Name: i?� r2r✓ wzgLCNV o Public My Commission Expires: U.�r✓rCS�t �� 20 ZO -- fficiM My Fubil -WEBS ggjj tary Pubitc New Hanover County North Carolina My Commission Expires Aug 30, 0020 [SIGNATURES COMMVUED ON THE FOLLOWING PAGE] By: -�- (sue-) Print Na e: Virginia M. Myers ACKNOWLEDGMENT STATE OF taoe m cm,t 4 n- COUNTY OF min N4kmovo- I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Virginia M. Myers, individually. Date: tz.12>o � i 9 Official Signature of Notary:�_� Notary's Printed or Typed Name: cwxi ne Y wyA6 , Notary Public My Commission Expires: s a z- Zit https://outlook. office3 65.com/maii/sentitems/id/AAQ RE: Applicant requesting DMF approval for a general permit application off Circular Drive, Wilmington Deaton, Anne <anne.deaton@ncdenr.gov> Thu 5/7/2020 8:51 PM To: Amico, Patrick J <Patrick.Amico@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> I think that's fine for that location. Sorry for the delayed response and thanks for the reminder. Anne From: Amico, Patrick 1 Sent: Thursday, May 7, 2020 1:19 PM To: Deaton, Anne <anne.deaton@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: Re: Applicant requesting DMF approval for a general permit application off Circular Drive, Wilmington Hi Anne: Resending this request below for DMF feedback on a boat lift for a General Permit application. It is new construction- not a pre-existing slip, and the agent has provided water depths of 15'-32" across the lift area. They are requesting to build a fixed pier and boat lift with stops. Please see the pictures in the email below for site location and depiction of the channel. Patrick Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax patrick.amico(cDncdenr goy 127 Cardinal Drive Ext Wilmington, NC 28405 Date Received Ceaaanl I Data CCae1001 Check FYera OdWW Cohi o/ Pw it Holder Colu-4 verldol Columns ctw Nrtmoer colimma emounr CasewilF Columns 6/112020 Leona Bryan _ ,same FCB _ -- Jerry Ennett - 'Andy Darden Coastal Bank and Trust Lighthouse Marne Construction Inc. _ Douq Jackson Coastal Bank and Trust _ -__; Weekend Dance Party Inc. Sherman Sandlin Four Oaks Bank Charles Fox Homes, LTD Patrick and Claire Joyce Branch Banking and Trust AMW Docks and Marine Construction LLC Charles Campbell BBBT CLTMC, Inc. Joseph Lyone _ FCB _ P Marine Construction _Jerry Cobb First Palmetto s Bank Coastal Marine Piers Bulkheads LLC May at$ and CameronWells Farqo Coastal Marine Piers Bulkheads LLC William Rhea Taber III Wells Faro E020 t 200.00 GPi76505D GP•76504D 3121 200.00 6/112020 __. 3146 1622-1 27042 200.00 GP0755840 GM12020 200.00 GP1F78287D 6/11=0 >i 200.00 GP f74582D 6/112020 6/112020 58M 6 200.00 GP V M10D 1082 f 200.00 GP i784 d112020 5350 3 200.00 GP s78413D 61112almetto 020 23359 S T00.00 GP /76525D 8/112020 8 0 _ https://outlook.office365.com/mail/sentitems/id/AAQk-i From: Amico, Patrick J Sent: Tuesday, April 21, 2020 6:02 PM To: Deaton, Anne <anne.deaton@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: Applicant requesting DMF approval for a general permit application off Circular Drive, Wilmington Ms. Deaton: I hope this email finds you doing well. Please see the two attachments- one, a snipped screengrab depicting the proposed project area, and two, a drawing from the applicant's agent depicting what is proposed. This is new work, not a modification of an existing facility, and they are proposing to install a fixed pier with a boatlift, into the edge of the channel area. There is apparently 15"-32" of water @ NLW in the area that they are proposing to be occupied by the boat lift. This is a PNA. No floating structures are proposed. They are requesting a DMF approval of this design to be used in a general permit application. Thanks for your thoughts on this! Patrick Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax patrick.amicona.ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. `11 Hanover Design Service. RA. Land Surveyors, Engineers, Land Planners December 12, 2019 Re: Description of the "Centerline" of a 15 ft. Private Access Easement over the Property of Virginia Mitchell Myers recorded at book 1266 page 60 and book 1455 page 1072 records of the New Hanover County Register of Deeds, in the City of Wilmington, New Hanover County, North Carolina and being more particularly described as follows: Said "Centerline of the 15 ft. Private Access Easement is located on the northern right of way of Bradley Avenue (20 ft. Public Right of Way), said point being located the following bearing and distances from the intersection of the northern right of way of said Bradley Avenue and the western right of way of Circular Drive (45.3 ft. Public Right of Way), N 57-13-18 W 11,15 ft. to an iron, thence N 58-26-22 W 10.72 ft. to the beginning point: Proceed from said beginning point N 14-48-00 E 50.28 ft., thence N 23-23-03 E 60.77 ft., thence N 16-50-19 E 19.63 ft., thence N 31-00-30 E 31.54 ft„ thence N 02-07-28 W 24.47 ft., thence N 12-27-01 E 41.36 ft., thence N 17-31-32 E 22.04 ft., thence N 40-46-42 E 24.01 ft., thence N 35-01-17 E 15.45 ft., thence N 07- 41-51 E 26.37 ft. to a point on the "High Water Line" of Bradley Creek. Said 15 ft. Private Access Easement being 7.50' to the east and west of the above described "Centerline" All bearings are N.C. Grid NAD 1983 2�L�40? �l nathan L. Wayne PLS 3391 By: Print Name: Dennis Page ACKNOWLEDGMENT STATE OF MbV- CAPLtN�1 COUNTY OF �Agw w+tA,3vcL I certify that the following persons) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dennis Page Myers, individually. Date: I'- Official Signature of Notary: te,�, or Typed Name: os✓KrsrcPuLf11 �y W�a ,Notary Public ���pires: s as zozy Z% ♦ •• o� 0 F•. - Z i Z L. BOO r �: ATupES CONTINUED ON THE FOLLOWING PAGE] �Ifffill t By: i Print Name: Daniel Ross ACKNOWLEDGMENT STATE OF i' EA CA � + .f r4 COUNTY OF N 5W 1-,A�j 0 V a(Z- (SEAL) Jr. I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Daniel Ross Cameron, Jr., individually. Date: 3t) I 2-0' q Official Signature of N N or Notary Public (O cial Sea`" Hanover County North Carolina My Comn'lisslon Expires Aug 1:7[4j ^� Name: , Notary Public 2020 [SIGNATURES CONTINUED ON ME FOLLOWING PAGE] other purposes, ingress, egress, and regress to and from Bradley Creek over the Myers Lot. WHEREFORE, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, and the sum of $i.00 paid by Cameron to Myers and other good and valuable consideration, all of which the parties hereto agree and acknowledge has been received and is sufficient consideration for the covenants and obligations contained hereinbelow, the parties agree as follows: 1. Myers grants to Cameron as well as Cameron's heirs and assigns (the Beneficiaries") an easement over Myers Lot (the "Easement") for the purposes (i) of ingress, egress, and regress from Bradley Creek; (ii) for the construction, maintenance, and use of a non -floating dock on Bradley Creek; (iii) the erection, maintenance, and use of one or more gates or other access barriers over the Myers Lot, the location which the Beneficiaries may select in the Beneficiaries' discretion, and (iv) any other right which the Beneficiaries deem reasonably necessary for the use and enjoyment of the Easement for the purposes stated above. The Easement shall benefit the Cameron Lot and shall run with the land. This Easement is superior and paramount to the rights of either of the parties to this agreement in the respective servient estates so created. 2. The Easement shall consist of a fifteen (15) foot wide path that meanders over the Myers Lot from the Cameron Lot and terminates in Bradley Creek. A more particular description of the Easement is attached hereto as Exhibit A. 3. It is agreed that the Beneficiaries may construct, maintain, and replace any improvement with the Easement (the "Improvements") in such a manner and with such materials as the Beneficiaries see fit. The construction, use, maintenance, reconstruction, or otherwise improvement of any Improvement shall not be limited or constrained by the initial construction of such Improvement. 4. At any time prior to the termination of this Easement, neither Myers nor Myers' heirs or assigns shall erect or construct, or cause to be erected or constructed, any fence, wall, curb, or other barrier over the Myers Lot, or do or omit or cause to be done or omitted any action, which in any way interferes with or restricts the Rill and complete use and enjoyment by the Beneficiaries of this Easement. 5. The Beneficiaries shall assume full responsibility for their use of the Easement and shall hold harmless Myers as well as Myers' heirs and assigns for any obligation or liability whatsoever associated with the Beneficiaries' use of the T---- ----� ml-- r-----L-- -- —L-71 '---3 ---3 s_r__-1 .ef------ -- ---11 _..