20132D - Mothorpe

CAMA AND DREDGE AND FILL
.. ti.7 •
GENERAL '. N® O`i 132r-
^ 1
pERmIT
as authorized by the State of North Carolina
Department of Environment, Health,and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC 7 • 9+.
�A� I (�� Q 2-2 33
Applicant Name 11110. 6 f 40 44O r1 e Phone Number 1P) .9/0 �'
Address �j O< <� e P'� ��`{ �� /
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sPro'ect Loc tion (C , State Road,Water Bo ,etc ) 3flI
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PROJ ECT DESCRIPTION SKETC1H (SCALE: ND..• 7-; C c,,rt•)
Pier(dock)length
Groin length
Al/k"-) Cr-r t k
number „Et_ I
Bulkhead length l
! / L 14r, P F A ' w \v -?______ .
max.distance offshore
Pr'posecl
Basin,channel dimensions
6'X 1 3 ' r/L ,.,. .
p pow
cubic yards Pr.1.f a 5( C
VAL)v(reCI tr---xi5t,^)
Boat ramp dimensions 1 1I 1 X /k ► `. ;-.; l HN SF
L i pa
Other 130(Atli �-t- M �) 1 r s
, i —I*.
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, plicant's�ignature
imprisofrent or civil action; and may cause the permit to be-
come null and void. a
c2 This permit must be on the project site and accessible to the ' Ci-k permit officer's signature
permit officer when the project is inspected for compliance. 0 �_ .. ��
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from n ! ( / ��
adjacent riparian landowners certifying that they have no /( �-{
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that C t 49
5(1° 7
this project is consistent with the North Carolina Coastal application fee
Management Program.

ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete , A. Received by(Please Print Clearly) B. Date of Deliver
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you... C. Signature
• Attach this card to the back of the mailpiece, X r7 ` ElAgent
or on the front if space permits. • AI(t 5 0 Addresse
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to:
If YES,enter delivery address below: 0 No
3 / OBE �o, -�
��/11�� �� 3. rvice Type
rtified Mail ElExpress Mail
Registered 0 Return Receipt for Merchandis
` S/3 ❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label) 0 3 ref
PS Form 3811,July 1999 Domestic Return Receipt (� 102595-99-M-178f

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MAY-22-2000 16:06 KEN SHANKLIN ATTORNEY 9102511773 P.01i11
• ' KENNETH A. SHANKLIN
• ATTORNEY AT LAW
214 MARKET 5-1-Ktt,
Posr OFFICE Box 1347
WILMINGTON.NORTH CAROLINA 28402-1347
E-MAIL:SHANKLpwewlLMJNGTON.NE1
TELEPHONE[phone] BOARD CERTIFIED $PEe1A4.13T IN
REAL PROPERTY LAW•RESIDENTIAL.
• BV51Nl55. COMMERCIAL AND
TELEFAX(910)251-1773 INDUSTRIAL TRANSACTIONS
May 22,2000
VIA TELEFAX: 350-2004 Ft'
7 C 7 -"VAND VIA U.S.FIRST CLASS MAIL MAY 2 2 2000
Mr. Jerry Parker
N.C.Division of Coastal Management DIVISION OF
127 Cardinal Drive Extension COASTAL MANAGEMENT
Wilmington,NC 28405
Re: CAMA Minor Permit Application
W. Mothorpe,301 Olde Point Road, Hampstead,NC 28443
Our File No. 00042.001
Dear Mr. Parker:
Please be advised that I represent Paul E. Lillis and wife, Leslie Lillis,who reside
at 311 Olde Point Road in Olde Point Subdivision in Hampstead, North Carolina. My
clients have received a certified letter undated from W. Mothorpe and wife, Joyce B.
Mothorpe, the Lillis' neighbor and adjoining riparian property owner. At this point, my
clients must lodge an objection to the proposed request by the Mothorpes and request that
more information is given to them before giving their consent.
First, my clients are the owners of a Sight Distance Easement across the
Morthorpes' property. The Sight Distance Easement is recorded in Book 704 at Page 61
of the Pender County Registry. A copy of this instrument is enclosed for your ready
reference. Essentially, this instrument prohibits any obstacle created by a man or nature
which hinders or otherwise obstructs the Lillis' view of the waterway. The sketch
submitted with the certified letter does not delineate sufficient information necessary to
determine whether the proposed dock improvements would constitute a violation of the
Sight Distance Easement. So until this issue is resolved, my clients must lodge this
protest. A copy of my clients' signed objection to the project is attached.

MAY-22-2000 16:06 KEN SHANKLIN ATTORNEY 9102511773 P.02/11
Mr. Jerry Parker
• May 22,2000
•
Page-2-
With best regards,I remain
V y yours,
Kenneth A. Shanklin
KAS/klv
Enclosure
cc: Mr. Paul Lillis
Mrs. Leslie Lillis
Mr. W.Mothorpe
Mrs.Joyce Mothorpe

MAY-22-2000 16:06 KEN SHANKLIN ATTORNEY 9102511773 P.03/11
/' * . •
filed for!Widmann on tks--�•
—�=•
7y1Alt . 1ar A aa.a]ort• �' U
and Y+e stexed in the office of the Register of Deeds
6 County in Book No� /
STATE OF NORTH CA i ` •
COUNTY OF FENDER 1CT;ON$ AND
PaiDgrani EASii(M
•
THIS AORERNEET, made and entered into this Ilth day of
January, 1988, by and between PAUL E. LILLIS and wife, LBSLIE
LILLIS, hereinafter called "Lillie", parties of the first part;
Ht1GO BELTRONB and wife, CONSTANCE MATRONS, hereinafter called
"Beltrone", parties of the second part; and L3ST!R._ H. MATTISON
and wife, JANET MATTISON, hereinafter called "Mattison", parties
of the third part, all of Pender County, North Carolina.
WITNESSETH:
A.
RECITALS:
1. The parties hereto are lot owners in olde Point, a
residential subdivision located in Pender County.
2. By deed recorded on November 24, 1970, in Book 434
at Page 136 of the Pender County Registry, (herein "the Cherry
Deed") , Floyd M. Hutham and wife, Marie S. Aufham conveyed to
H.W. Cherry and wife, Eloise R. Cherry, a tract of land adjoining
the Hufham homeplace in Olde Point Subdivision, containing 2.4
acres, described by metes and bounds (herein the "Cherry tract") .
The property was subsequently shown as Lot 35 on the map of Olde
Point Subdivision, Section II , recorded by Olde Point
Development, Inc. in the Pender County Registry on July 22, 1971
in Map Book 11 at Page 50.
3. The Cherry Deed contained certain restrictions as
to the use of the Cherry tract, among which, was the following:
"3. No lot as shown by the Official Plan of this
subdivision shall be resubdivided unless such part
of the subdivided lot becomes a part of another
lot. "
4. By deed recorded on April 16, 1971 in Book 436 at
Page 98 in .the Pender County Registry, (herein "the Waller
Deed") , Olde Point Development, et al. , conveyed to James Waller
and wife, Marilyn I. Waller, by metes and bounds, all of •Lot 36,
Olde Point.
5. The Waller Deed was " [s]ubject to restrictions of
record applicable to Section I, Olde Point Subdivision. "

h1AY-22-2000 16:06 KEN SHANKLIN ATTORNEY 9102511773 P.04/11
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6. By plat recorded in the Pender County Registry on .
July 22, 1971 in Plat Book 11 at Page 50, Olde Point Development
recorded a plan of development and survey of lots 35 through 61 _ •
of Section II of Olde Point. The plat designated the property
described in the Waller Deed as •Lot 36 and designated the Cherry
tract as Lot 35.
7. Through mesne conveyances, lot 36 of Section II of
Olde Point, was acquired by Paul Lillis and wife, Leslie Lillis,
in October of 1981. .
•
•
8. Through mesne conveyances', the Cherry Tract was
acquired by James K. Evans and wife., Marjory K. Evans, (herein
"the Evanses") in September of 1986, by deed recorded in Book 677
at• Page 38 of the Pender County Registry.
9. By deed recorded in. the Pander County Registry on
August 24, 1987, in Book 697 at Page 67, the Evanses conveyed the
Cherry tract to J.S. Evans Coastruetion Co. , Inc. , (herein the
"Evans Company") .
10. By deeds recorded in the Pender County Registry on
August 24, 1987, in Book 69.7 at Pages 68 •and 69, the Evans
Company subdivided the Cherry Tract and conveyed to the Evanses
the northern and southern portions separately.
11. The deeds in the Cherry tract chain of title were
subject. to restrictions similar to the restrictions in the Cherry
deed, except the deed to the Evans Company (paragraph 9 above)
which was made subject to restrictions of record.
12. By, correction deed recorded in the Pender County
Registry on November .3, 1987 in Book 701 . at Page 1, Floyd M.
Hufham and wife, Marie S. Hufham, confirmed that it was their
intention that the Cherry tract could be considered as . two
separate• lots designated as Lot 34 and Lot 35 as shown on a new
map designated as Section lA of •Olde Point, recorded on October
27 , 1987 , in Map Book 23 at Page 94 of the Pender County
Registry.
13. By deed recorded in the Pender County Registry on
November 3, 1987 in Book 701 at Page 2, the Evanses sold and
conveyed to Hugo Beltrone and wife, Constance Beltrone, Lot 34 in
Section lA of Olde Point.
•
14. By deed recorded .on November 3, 1987 in Book• 701
at Page 3 in the Fender County Registry the Evanses conveyed to •
Lester H. Mattison and wife, Janet Mattison, Lot 35 in Section lA
of Olde Point.
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MAY-22-2000 16:07 KEN SHANKLIN ATTORNEY 9102511773 P.05/11
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15. Lillis has raised the question as to whether the
Cherry tract constitutes once lot or two and whether the
restrictive covenants contained in the Cherry deed should be
applicable and to what extent.
16_ The parties hereto have resolved their differences
and Lillis is now satisfied that the Cherry tract should
constitute two lots which can be separately owned and conveyed,
provided they are subject to the restrictions hereinafter set
forth.
•
B.
ASRE MMIT :
Now, THEREFORE, in consideration of the premises and
the further sum of $1.00 in hand paid by each party to the other,
the receipt and sufficiency of which is hereby acknowledged, the
parties do hereby agree as follows:
1. Division of Cherry neat: It is hereby agreed and
understood by the parties that the division of the original 2.4
acre Cherry Tract into 2 lots designated as Lots 34 and 35 in
Section 1A of Olde Point as shown on the map thereof duly
recorded in Map Book 23 at Page 94 of the Pender County Registry,
does not constitute a violation of the restrictions contained in
the Cherry Deed.
2. Application of Restrictive Covenants. Record_ad . n
Deed &ook 434 atPeas 13 f of the ?endear Counts:Reentry. Lots 34
and 35 in Section lA of Olde Point shall be subject to the
restrictive covenants found in the Cherry Deed recorded in Hook
434 at Page 136 of the Pender County Registry, subject, however,
to the modification hereinafter stated.
3. Additional Restrictive Covenant' Runnina in Favor
of Lot 36 of Election of Olde Point. In addition to the
restrictive covenants found in Hook 434 at Page 136 of the Pender
County Registry, Lots 34 and 35 of Section 1A of Olde Point shall
be further subjected to the following restrictive covenants and
conditions:
A. Dwelling Size. Any dwelling erected upon lot
34 and lot 35 of Section lA of Olde Point shall
contain not less than 3000 square feet, outside
measurement, of enclosed heated area, exclusive of
open porches and garage.
-3-

MAY-22-2000 16:07 KEN SHANKLIN ATTORNEY 9102511773 P.06i11
•
B. Dwelling Quality and Design. The design of
the residential dwellings to be built on lot •34
and lot 35 of Section lA of Olde Point Development
shall be in harmony with the architectural design
of residential dwellings in Section II of Olde
Point and the design of all dwellings shall be
subject to the approval of the Architectural
Committee of Olde Point or its nominee (a
committee of the developer of Olde Point) . Upon
written request by each lot owner for approval of
his plans, the Architectural Committee or its
nominee shall have 10 'days to approve or
disapprove the •plans. • In the event of failure to
approve or disapprove the plans within the 10 day
period, such approval shall not be required
provided the design of the proposed residential
dwelling is in harmony with the existing
structures in Section II of Olde Point.
C. Side Setback for Lot 35, Section lA of Olde
Point. The residential dwelling to be located
upon lot 35 of Section 1A of Olde Point shall be
setback at least 30 feet from the common boundary
line between lot 35 of Section 11. aid .lot 36 of
Section II of Olde Point.
D. Rear Setback for Lot 34 and Lot 35 of Section
IA of Olde Point. Any residential dwelling to be
constructed upon lot 34 and lot 35 of Section lA
of Olde Point shall be constructed outside the
sight distance easement described below and
hereinbelow conveyed to Lillis_
. 8. Water Runoff Control .on Lot 35 of Section lA
of Olde Point. The lot owner of lot 35 in Section
1A of Olde Point shall take appropriate action to•
control the runoff of surface water from lot 35 so
that it does not wash upon and cause erasion to
lot 36 in Section II of Olde Point since lot 35
has a higher grade than lot 36. Cost of this
control measure shall be borne by the owner of lot
35.
P. Time . These covenants set forth in this
paragraph 3 are to run with the land and shall be
binding on all persons acquiring title to lot 34
and lot 35 of Section lA of Olde Point for as long
as Lillis shall own lot 36 , Section /I, Olde
Point• and for a period of ten (10) years
thereafter.

. MAY-22-2000 16:07 KEN SHANKLIN ATTORNEY 9102511773 P.07/11
•
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G. Restrictive Covenants appearing in Book 434 aft
Page •136 of the Pender County Registry. To the
extent that the covenants appearing in Book 434• at
Page 136 of the Pender County Registry are either
inconsistent with or less restrictive than, the
. covenants set forth herein, the covenants of
paragraph 3 of this Agreement shall prevail over
the covenants recorded' in Book 434 at Page 136 of
the Pender County Registry.
H. - Enforcement. If the owners of lot 34 and lot
35 of Section lA of Olde Point, or either of them •
or their heirs or assigns, shall violate any of '
the covenants set out in paragraph 2 or 3 •herein,
it shall be lawful for (i) Paul Lillis and wife,
Leslie Lillis, if they shall still be the record
owner of Lot 36. or (ii) their heirs or assigns if
they shall be the record owners of the property
within ten (10) years after the death of the
Lillises, or (iii) all grantees within ten (10)
years after the conveyance of Lot 36 by the
Lillises, to prosecute a proceeding at law, or in
equity against the person or persons violating any
of such covenants, and either to prevent him from
• so• doing or to recover damages for such violations
or both.
I. Severability. Invalidation of any one of
these covenants or conditions by judgment or order
of any court shall in no way affect any of the
other provisions which shall remain in full force
and effect.
4. grant oftAiaht notgnee Easement. In
consideration of the premises and resolution of iesuea provided
herein and the further sum of $1.00 in hand paid to Beltrone and
Mattison by Lillis, the receipt and sufficiency of which is
hereby acknowledged, Beltrone and Mattison do hereby grant, give
and convey to Lillis, their heirs and assigns, a perpetual right-
of-way and easement for purposes of sight and view over, across
and upon an area of lot 34 and lot 35 in Section lA of Olde .Point
as marked in diagonal lines on the attached plat of lot 34 and
lot 35 in Section lA of Olde Point Development prepared by Johnie
Garrason, R.L. S . , which plat is marked Exhibit "A" and
incorporated hereby by reference. This sight distance easement
shall run with the land and inure to the benefit of lot 36 of
Section II of Olde Point for as long as said lot 36 is owned by
Lillis and for ten (10) years thereafter. All trees and other
obstacles (blocking the view of Lillis) located within the sight
-5-

MAY-22-2000 16:08 KEN SHANKLIN ATTORNEY 9102511773 P.08i11
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' distance easement shall be removed by Mattison and Beltrone from-
their respective lots on or before March 1, 1988. It is the
purpose and intent of this sight distance easement to provide
Lillis and their heirs and . assigns with a view of the
iatracoastal waterway from their residential dwelling located
upon lot 36 in Section II of Olde Point.
Shrubbery and other ornamental gardens shall be
the ..sight distance easementpermitted within
infringed upon or provided Lillis view is not •
p prohibited by the growth. Lillis shall have
the absolute right to compel - removal of any obstruction within
the sight dietance easement created by man or nature which
hinders or otherwise. obstructs the view. If any obstruction is
not removed within 30 .days of written notice 'by Lillis to the
owner of the lot where the obstruction lies, Lillis can prosecute
a proceeding at law, or in equity, •against the lot owner or
owners not removing said obstruction .and to recover damages and
cost of litigation, including, without limitation attorney's
fees.
To have and to hold the above granted and described
easement unto Lillis, together with all rights, privileges and
appurtenances thereunto belonging, and subject to the terms and
conditions herein set forth.
•
To the extent that said easement affects their lots,
Mattison and Beltrone, for themselves, their heirs and assigns,
do covenant to and with Lillis, their heirs and assigns, that
they are seized in fee of the above granted, and described
easement; and they have good right to sell and convey the same
. in fee simple; that the same is free and clear from any and all
deeds of trust 'and that they will and their successors and
assigns shall forever warrant and defend the title to then same
against the lawful claims and demands of any and all persons
whomsoever.
5. Miscellaneous. .
A. This Agreement shall be construed and
interpreted under the laws of the State of North Carolina.
B. Except as otherwise provided herein, all
rights , powers and privileges conferred hereunder upon ' the
parties shall be cumulative but not restrictive to those given by
law.
C. The failure of either, party to exercise any
power given either party hereunder or to insist upon strict
compliance by either party of their obligations hereunder, and no
custom or practice of the parties at variance with the terms
hereof, shall constitute a waiver of either party's right to
demand exact compliance with the terms hereof.
•
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MAY-22-2000 16:08 KEN SHANKLIN ATTORNEY 9102511773 P.09/11
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E. This Agreement shall be binding upon and.
shall inure to the benefit of the parties hereto and their •
• respective heirs, executors, administrators , personal •
representatives, successor or assigns.
•
F. The captions and headings throughout this
Agreement are for convenience and reference only, and they shall
not define, limit, modify or add to -the interpretation or meaning
of any provisions of this Agreement or in any way affect the
scope, intent or effect of this. Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement, under seal, all as of the day and year- first
above written. _
A �
(SEAL)
• PAUL E. LILLIS
L.',U (SEAL)
LI8 LILLI
At --(SEAL)
HU DELTA.1s
S 'i f'�.� (SEAL)
CONSTAR = BELTR
(SEAL)"
LESTER R. MATTISON
(SEAL)
J 1ST MATTISON
STATE OF NORTH CC '!�OOLINA
COUNTY OF �e 'A4,,�•••�h J -
•
•I, ~ , , v1r./ J'.•rr�•` ._/ '�, a Notary Public in and for
' County = e do . ereby certify that PAUL E.
'. ..' ;` LESL E LILLIS personally appeared before me this
41- , .1('a &edged the execution of the foregoing instrument.
s•. ;,•; rr k, 4 SS my hand and notarial seal, this the add day of
•
•
'` ' '` Notary Public
•" Y 'slon'Expj.res:
(Notarial -Seal)
-7-

MAY-22-2000 16:08 KEN SHANKLIN ATTORNEY 9102511773 P.10/11
•
STATE OF NORTE CAROLINA
COUNTY OF NEW COVER
1, Kathryn A. Counter , a Notary Public in and for •
the aforesaid County and State do hereby certify that HUGO
BELTRONE and wife, CONSTANCE BELTRONE personally appeared before
me this day and acknowledged the execution of the foregoing
instrument.
•
WITNESS my hand and notarial seal,. this the 12th day of
January, 1988.
• 444.4y4-4.--. L-44.
• • Notary Public
•
• My Commission.Expires:
• • o■m. MY Ca.eislee Emi l:345.ee
•
•
�yN ' Ov
kl %OTA Rr ?, • •
I * **e
PUBLIC 4' •
S t@F•a �% CAROLINA
COUN eta HAN0VER
•
•
, Kathryn.A. Counter . , a Notary Public in and for
the aforesaid County and State do hereby certify that LESTER H. -
MATTISON and wife, JANET MATTISON personally appeared before. me
this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and notarial seal, this the 1 day of
January, 198.8.
kaiLvaL .LAA.A.CuL-•. .
• • - Notary Public
My Commission Expires:
My Commaslo+i Erphos 342549
•
(Not' 1) .
t\OYA Ry ` •
*** _!
�� PUBLIC ?u
'• *oveR coy a`.
-8-

1AY-22-2000 16:09 KEN SHANKLIN ATTORNEY 9102511773 P.11/11
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301 Olde Point Road
Hampstead,N. C.28443
May 12,2000
Dear Paul and Leslie,
This letter is to notify you that as an adjacent riparian landowner we plan to construct a boat lift
on our property,known as lot 35,section lA Olde Point The attached sketch accurately depicts the
proposed construction.
If you have no objections to this proposal,please check the statement below,sign and date this
letter in the space provided and return it tome as soon as possible.
If you have an objection to the proposal,please send your written comments to N C. Division of
Coastal Management,ATtN:Mr.Parker,127 Cardinal Drive Extension,Wilmington,N. C. 28405.
Written comments must be received within 10 days of receipt of this letter.
Failure to respond within 10 days will be interpreted as no objection_
Sincerely,
•
i r
I/we have no objection the project as presently proposed and hereby waive that right of
objection as provided in General Stature 113-229.
Signature
•
Signature
Date
s/I/we have an objection to the project. •
ignatur Date
•
PSI1(0 L t k/ - 1 7 r 0.,bol/
Signature Date
TOTAL P.11

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• In board Ski Boats
Protected by U.S.Patents#5,529,013;#5,682,833;
• Catrnnrna',s
� #5,931,113;and#5,947,050 and other
ig?'
t c!c etc , eic,
pending U.S.and International Patents.
--. 'See Lifetime Limited Warranty

00000 —I DOCI
ALMOST ANYTHING
IS POSSIBLE
WITH JET DOCK
It's the only dry docking system that's
completely modular, so you can add
- on for-more-crafts, move it-with ease -
or reconfigure it as your needs change.
1-800-JET-DOCK
www.jetdock.com
fax: [phone]
e-mail: [e-mail]
Protected by U.S.Patents
#5,529,013;#5,682,833;
#5,931,113;and#5,947,050
and other pending U.S.and
©2000 Jet Dock Systems,Inc. International Patents.

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• ,-2000 MON 09:24 AM NC DIV OF COASTAL MGMNT FAX NO. 2522473330 P. 02/02
•
New Bern— Craven Co. Public Library (*)
Auditorium (across the lobby from the main circulation desk)
400 Johnson Street
Parking/Walking Directions _
• The library is a one-story brick building located on the corner of Johnson and
Middle Streets in the historic district.
• Parking is available behind the library in a small lot accessed from Johnson Street
or along many of the side streets. Please be aware that some of the side street
parallel parking is time limited pay attention to the signs to avoid tickets.
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WILLIAM E. MOTHORPE
JOYCE B. MOTHORPE 66-85/531 1544
301 OLDE POINT RD. 0276179056
HAMPSTEAD, NC 28443 DATE 5
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