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HomeMy WebLinkAbout62-19 Zimmer, LowellPermit Class Permit Number NEW 62-19 STATE OF NORTH CAROLINA � Department of Environmental Quality and Coastal Resources Commission for X Major. Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Lowell Zimmer, II I Princess_ Street, Wilmin¢ton, NC 28401 Authorizing development in New Hanover County at adi. to Lee's Cut. at 62 Pelican Drive Wri,ghtsville Beach , as requested in the permittee's application dated 01/28/19, inc. attached workman dwgs. (3), two (2) plan view dwgs. dated 01/28/19 & dated received at DCM Wilm 06/14/19 & 4 of 4 dated 01/28/19 This permit, issued on _ July 18, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to benull and void. Dockin¢ Facilitv 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No son -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. A11O aH IN-WGa (See attached sheets for Additional Conditions) 6lOZ 5 ti lflf This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEg t qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. G3A13 This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 —X�� vos-- Braxton C. D vrs, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Lowell Zimmer Permit No. 62-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should the property to the east be sold prior to the initiation of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15-foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 4) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches. and knee walls are.permitted. Lattice is specifically. excluded from being used under this authorization. 6) The roof of the covered platform shall not be designed for second story use. 7) The permittee shall maintain the authorized work in good condition and in conformance with the.terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) The permittee shall.install and maintain at his expense.any signal lights or signals prescribed by the U.S, Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) This permit authorizes two (2) additional formalized slips for a maximum of four (4) formalized boat Slips. 10) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Wrightsville'Beach pier head line. General 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. .12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. Lowell Zimmer Permit No. 62-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800056 (Action ID No. SAW-2019-01105). NOTE: The NC Division of Water Resources assigned the project DWR Project No. 2019-0815. NOTE: An application processing fee of $250 was received by DCM for this project. uic) aHw-w0a 6W 5 Z _V a3AI303a 7/8/2')19 New Hanover County 4 CWTACT US I IUM f111"Ofte" ftewwdomb Profile Sales Recldonlial r nnw ml 1.111. Land values Agricultural Sketch Full Legal Exemptions Sub-parceks) Info Original Parcel Ink Parcel Map PARID: R06715-002-010-000 GRIFFIN MATTHEW SCOTT HOLLY 64 PELICAN DR W Sakts Sal. Dab Sak Prig Granks Grantor Book P.P. S olio :2134 01-APR-19$2.917.500 PDM EQUITY LLC GRIFFIN MATTHEW 2899 582733 SCOTT HOLLY 25-NOV-08 $3,625.000 GRIFFIN MATTHEW LUMINAACQUISITION LLC 5361 201 438804 SCOTT HOLLY 01-MAR-06 $2.350,D00 LUMINA ACQUISITION GRIFFIN RALPH H JR 4986 547 398404 LLC KATHY 03-JAN-89 $150,000 GRIFFIN RALPH H JR COUPLAND HOWARD W 1"1 1353 205411 KATHY ETHELT 01JUL-83 $0 COUPLAND HOWARD W TRASK RAIFORD G SR 1228 D661 205410 ETHELT MABEL 01-MAY-80 $32,5D0 TRASK RAIFORD G 'NOT IN SYSTEM 1167 1900 205409 MABEL H Sek Dekik tots Sala Date 01-APR-19 Sale Key 592733 Sale Price $2,917,500.00 Grantee POM EQUITY LLC Grantor GRIFFIN MATTHEW SCOTT HOLLY Sale Source - Book 6204 Page 2899 Sale Type IMPROVED Sale Validity - Sale Flag STIES Instrument # Instrument Type Trustee's Dead Adj. Reason Adj. Price Adj. Amount Link Click Here to view the deed for this penal Location 11Go igle Map Contact Us Site links 230 Govemment Center Drive, Suite 190 E Phone: (910) 798-7300 NHC Tax Home Wilmington, NC 28403 Fax: (910) 798-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 07/3UL/2019 I Powered by iasWodtl Public Access i ol1 Actions Printable Version Custom Report Builder Reports Residential PRC' Commercial PRC r Go Links Sales Verification F.. Property Owner Ouestionnsim clrocs A110 GHW-W00 610Z 5 9 TV 03AI3303a httpsY/etax.nhcgov.conVpt/datalets/datalet.aspx?mode=sales&UseSearch=no&pin=R05715-002-010-000&jur—NH&taxyr-2019&LMparent=20 7/1 7/8/2119 ` North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name PDM Equity, LLC Information Sosld: 1346315 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 11/4/2013 Registered Agent: Mills, Paul Addresses Mailing 418 Forsyth St Raleigh, NC 27609-6316 Reg Mailing 418 Forsyth St Raleigh, NC 27609-6316 Company Officials Principal Office 418 Forsyth St Raleigh, NC 27609-6316 Reg Office 418 Forsyth St Raleigh, NC 27609-6316 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Paul Daniel Mills 418 Forsyth St Raleigh NC 27609 https:/Iw .sosnc.gov/online_sewices/search/Business_Registration_ResuIts RECEIVED 'JUL 2 5 a"19 DCM-MHD CITY 1/1 6/20/2 019 North Carolina Secretary of State Search Results Mks • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • VieW Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name SKIV HOLDINGS. LLC Information Sosld: 1827284 Status: Current -Active Annual Report Status: Current Citizenship: Foreign Date Formed: 4/4/2019 State of Incorporation: DE Registered Agent: Kiviat, Shaun Addresses Principal Office 60 Pelican Drive Unit A Wrightsville Beach, NC 28480 Mailing PO Box 1216 Wrightsville Beach, NC 28480 Company Officials Reg Office 60 Pelican Drive Unit A Wrightsville Beach, NC 28480 Reg Mailing PO Box 1216 Wrightsville Beach, NC 28480 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. hftps://w .sosnc.gov/oniine_services/search/Business_Registration_ResuIfs RECEIVED JUL 2 5 2019 DCM-MHD CITY 1/1 pAt -rhe Rodgers LAW F�RM June 6, 2019 To Whom it May Concern 1213 CULBRETH DRIVE WILMINGTON, NC 28405 (910) 726-3600 (TEL.) TAME ENA•SN ERMAN•ND AD DOERS. CO Re: 60 Pelican Drive, All Units and Condo Association As of May 6, 2019 it is my legal opinion that Shaun Kiviat and entities solely owned and managed by Shaun Kiviat constitute 100% of the ownership of "The Palms Condominiums," including all Units, limited common areas and common areas. In support of this Opinion, please see the attached: • Declarations of Unit Ownership and Covenants, Conditions and Restrictions of The Palms Condominiums (See Exhibit "A" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Keith M. Beatty, unmarried, Grantor, to Shaun Kiviat, Grantee recorded on May 6, 2019 at 4:07:08pm in Deed Book 6213 at Page 541 of the New Hanover County Registry (See Exhibit `B" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 5. Pelican B Series, Grantee recorded on May 6, 2019 at 04:07:10pm in Deed Book 6213 at Page 549 of the New Hanover County Registry (See Exhibit "C" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun .Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 6. Pelican C Series, Grantee recorded on May 6, 2019 at 04:07:12pm in Deed Book 6213 at Page 557 of the New Hanover County Registry (See Exhibit "D" attached); • Certificate of Formation of SKIV Holdings, LLC (a Delaware Limited Liability Company) filed with the Delaware Secretary of State on March 12, 2019 at 02:52PM at File Number 7321560 which includes a certification from the Delaware Secretary of State and a "Statement of Authorized Person" denoting that Shaun Kiviat is the sole Member -manager of SKIV Holdings, LLC (See Exhibit"" attached); Yours truly, 1 RECEIVED RECEIVED t JUL' 2 5 2019 JUN U 6 2019 Richard T. "Chip" Rodgers, Jr. DCM-MHD CITY The Rodgers Law Firm, PLLC DCM WILMiNGTON, NC THE RonGExsLawFnt<x, PL _Cts.aFFn. 4TED WITH SHERMAN,srm RojxERs PLW t� h9 .y � / a Boo,, Prew�qb 2,270 0 7A 9 EXHIBIT A 'Ste q F,Sie e 9KEastwcodr-6ad, Ste: 5 �Vifiitriiiitg" it NG ZS4p3, STATE OF NORTH CAROLINA COUNTY OF NEW HANO'VER ' 97 NQ(i 0. OPT 10 90 RECORDED & VERIFIED MART SUE DOTS REGISTER OF __EDS ttEil I}AJJOVE�; .. 40 DECLARATIONS OF UNiT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF T PALMS CONDOMINIUMS 'MIS DECLARATION OF'UN7 OWNERSHIP, made This fMY , day of IVQVEMbER, f9.9'Y by FRED I, MATIi, of 44400 FALLS OF NEUSE ROAD; SUITE Zp, RALEIGH, NC 27604, hereinafter called "Deep &dnt"; 000011 WITNESSETH: WHEREAS, Declarant is ifie owner 6F certain real propertyi located iw the City of WrigFitsvillr Beaclfi., New Hanover Coumyt NortlrCaro hnai which ismore particularly descnbed in -Exhibit °A", attached hereto and] incorporated heiein liy, reference. WHEREAS, Declarant hasp constructed imptoved-Whfs, more fully doW beij hereafter, desires to submit to; condominium ownership; 60 will constiiict on this real property, certain w�i}ch real estate Auld improvements Declarant NOW, THEREFORE 0mlazant declares its intention, b}r<the-filing of this Declaration, to;submit; and -Aces hereby submit; the abov"acrib[ real p-Rert}t and improvements thereon to the prdMions of the North Carolina Condomiitiiam Act; Chapter _47.C:of the North Carolina General Statutes; as:a uni ownership project to be mmeth.THE PALMS CONDOMINIIWO; and .further publishes and deviates that ail of the ]rope[ ty; de_scrbW herein is, held andshall be hel0, conveyed; hypotbeeated, encumbered; leased; rented; used, occupied, and improved, subject to the -following covenants, conditions, restrich6aI uses, Iimitat on !d obligatlonsi all; .. of which ate declared' aad a�reeid t9 tie in furtherance of .a plan for the. conversion of said; _.d property into a condominium -,facility, and -shall be deemed to run with the lam and shall lie s harden and a benefit to Declarant, its successors aNd assigns and any person acquiring::or owning an infieresi in the real property and improvements; their grantees; successors, heirs, executors, administrators, devisees ands assigns. 1. DEFINITIONS. ;Certain terms in this Declaration' and in the Artidles gf [nci ,poratibh'and Bylaws appended hereto shal}'be defined as follows, unless: the context clearly indicates a different meaning therefor: a. "Act" means the, provisions of the: North Carolina Condominium Act, Chapter 47C of the, General Statutes 'of the State{ of North Carolina, as such may be su0IEfi nte:0 or a_rimended from time tg time. RECEIVED JUN 0.6 '019 RETURNED TO DCM WILMINGTON, NC E=l PAGE 2270 0707 b. "Allocated interests' means the undivided interests in the common elements, the common expense liability and votes in the association allocated to each unit. C. "Association" means THE PALMS UNITOWNERS ASSOCIATION, INC., which is an entity comprised of all owners of units in THE PALMS CONDOMINIUMS. d. "Assessment" means a share of the funds required for the payment of common expenses, late fees and fines which from time to time is assessed against a unit owner by the Association. e. "Building" means the building currently existing or to be built upon the real property described in Exhibit "A" and which houses the condominium units. f. "Board of Directors" or "Board" means the Board of Directors of the Association or its agents, which shall be the executive board of the Association, as defined in N.C.G.S. 47C-1-103(13). "Director" means a member of the Board. g. "Bylaws" means the bylaws of the Association providing for the government and administration of the Association. "Articles" means the Articles of Incorporation of the Association. h. "Common Element" means the portion of the condominium property owned in common by all of the unit owners,as more specifically set forth herein. i. "Common expenses" means the expenses incurred by the Association the administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a capital reserve for repair, maintenance, and replacement) of the common areas and facilities as well as any other expense incurred by the Association which is and declared to be a common expense by the Association, this Declaration, the Bylaws of the Act. j. "Common surplus" means the balance of all income, rents and revenues of the Association remaining after the deduction of the common expenses. k. "Condominium project" or "Project" means the entire proposed development consisting of all the land, the building and other 'property" as that term is herein defined. I. "Declarant" means FRED J. MATT, his successors and assigns. M. "Declaration" means this instrument as it may from time to time be lawfully amended or supplemented. n. "Limited Common Element" means those common areas and facilities which are reserved for the use of a certain unit or units to the exclusion of other units, as more specifically identified herein. RECEIVED RECEIVED JUL 2 5 2019 JUN 0.6 Z019 DCM-MHD CITY DCM WILMINGTON, NC 4 c4cli", PACE L. 11 2 �:dliT q "Reriod�of Declarmt Coataot" mew—W tKi Qei[od commencing Qn_tl►�i 'f'ereof.and�contmuingwunttT-alLthe unitsare solda p. erson" means aa individual; corporation, partnership; association, trustee, -or other legal eriityt q °tropeq, meansmnd includes the land, the bt ildtng„ Atli mtprcn!emen and s uctdres thereon 40 aft art@o of personal �ropertyi inle�eti for use m cotuiection-, therewith which) are submitted to condominium owner#lrby tha Declaration? r. "Real! Property," shall mean and refer -to all of the real' property degrt@ is Exhibit "Al" attached hereto. s "Umfr or "Condorhinmm Unit" shall mean that encloiiad space with a the building Us shown on the fiilldcng, plans described in the, Declaration; together with any additional area, or space accompanying) the same and described herein, which, A irltende4 for Private ownership and to be soil anal dwelhn untt?pursttant fb the Declaration and_the Act~ The enclosed space representing each unit be bounded by the interior surface material of its perimeter walls, ceilings and'floors. Each dnit ii defined to include: (a) all non -load bearing{ partition walls located etitiiely within tfie above -defined enclosedi space; (b) all: interior, finished s"ui'fi of the perimeter walfszand ceilings; (c) all -carpet, tile, vinyl, wood floor or other decorative floor covering; (d) :allwindows; including screens, window'frames,_eztaiioidoors; ao3' exterior door frames; v e all heating and air condihonirig egutpmpnt and accompanying ducts and. components (if separate for each unit); (f) l wines, ducts pipes; lines and`other_faci.ttres for; the furnishing; of utility services located;within the above dedned-enclosedspace, but=speciflcalty excluding all] wires, ducts; pipes andother faetlitieswhioh ltewithin the a6ove•defned enclosed spacesbi%t.are ' for the common usesof one or more other units in the project: t. "Unit Designation" means the number thereof which designates a units within the condominium. y: "UnitQwner"-"means.aperson, corporation; partnership; association, trust, other legal entity, or. -any combination thereof; in whose name or names the title to or an iri_ t& t in the title to any unit is vested, excluding those who own; or hDid'such title or. interest.under under the; terms of any mortgage or deed of trust or .others similar instrument for the purposes of securing the-paymenrof are indebtedness. or the performance 6f ait obligation: RECEIVED 3 JUN 0.6 2019 DCN WILMINGTON, NO e00 % PACE 2270 0709 2. DESCRIPTION OF REAL PROPERTY The real property on which the building and improvements are or are to be located is described in Exhibit "A", attached hereto and incorporated herein by reference. 3. DESCRIPTION OF BUILDINGS. The buildings in which the units are located is described in building plans which are attached hereto as Exhibit "B" and incorporated herein by reference. The buildings will consist of two stories. 4. UNIT DESIGNATION AND DESCRIPTION The unit designation of each unit and a description of its location, area, floor plan and number of rooms, are shown on the building plans attached hereto as Exhibit "B". 5. DESCRIPTION OF COMMON ELEMENTS AND FACILITIFS The common elements and facilities shall consist of all the real property described in Exhibit "A", which is subjected to the terms of this Declaration, and all of the improvements and facilities thereon which are not units as defined herein and which are not items of personal property owned, held, or maintained by unit owners. Without in any way limiting the scope thereof, the common elements and facilities shall include the following: a. Ail foundations, columns, girders, beams, supports, roofs, exterior walls, interior load bearing walls, ventilation fans and vents of the building; b. All stairways, stairwells, halls, passageways, corridors, lobbies, exits and entrances which give access to the units, except as designated on Exhibit "B" for a specific unit; C. All yards, gardens, parking areas, driveways, and other amenities; d. All installations for the provision of utility services, including, but not limited to, electricity, water, gas, refrigeration, telephone, heating, air conditioning, sewer, trash disposal, incineration, and television which are for the common use and benefit of the unit owners and which are not defined as being a part of the units; e. All tanks, pumps, motors, fans, compressors and control equipment existing for common use. 6. ALLOCATED INTERESTS, Unless and until this project shall be expanded as herein provided, the percentage of each unit owner's undivided interest in the common elements of THE PALMS CONDOMINIUMS is set forth in Exhibit "C", attached hereto and incorporated herein by reference. This percentage is based on the relation that the total volume in square feet of each unit bears to the aggregate square feet contained in all units as of the date of this Declaration. 7. LIMITED COMMON ELEMENTS. The decks or porches adjacent to each unit and any storage space allotted to each unit, designated in Exhibit "B" attached hereto as "limited common areas" are limited common areas for the sole use of t�prunit owner of a unit to which the same are adjacent or allocated as indicated on said RECEIVED 4 JUL 2 5 2019 PIN 0,6 2019 DCM-MHD CITY DCM WILMINGTON, NC 2270 O'710 8. NATURE AND INCIDENTS OF UNIT OWNERSHIP a. Naturetof Cnmrest.. Ever"t}, tints, fi%_91 i i with its 4ndryW4 interest in the e4mmon elements shalll Or aff purposes be treated as a.separate parcel of teal property with all the incidents thereof. Each unit mar be individually] conveyed; Ieased arid' encumliered;and may tale infiertted' or devi§ed ¢y Will as if it were -solely and,entirely independentof the other units in he building of which it formsMa parts Each unit may be heidi and oviiiedj b"y, more than .one persona either a1s fez in common or tenants by the entirety; or in any other, manner recognized; under State law. b. &rtitionine: No unit may be divided orsubdivide&into a small- u lit or t approval iportionhereof be aiWeed to oil i0gMpraW into any other unit unless units, nor=shall an un it or portion written first, obtained1rom the board of Directors of the Association. The common elements shall remain undivided and no unit owner or any- otFier person shall Uriig an action for, parutivri or diyisiftn of any part thereof, unless; the property has, been removed from the provisions of the Unit;Ownershipi Act. C. Common Elemer><s Appurtenant to Unit, The undivided interest in the common elements shall not tie comieyed„ e'ncumkred; ar ot9emise separated from the unit to. wliicfi it appertains and shag be- deemed conveyed-or_enewnbered with.the•unit=even though such interest is not expressly mentioned or descrilied±.i i tfte conveyapce or ow instrument. d. Taxes. Each unit and its percentage of undivided interest in the;coinmona elements shall be deeri,erl to lid a sepal ato p`arcell and shall,+ be separately. assessed and taxed for a!i types oftaxes authorized 6y;law, including; but not limited to, special ad valorem levies' and special assessments.. Each unit owner shall be liable `solely for the amount Qf taxes on tiffs individual unit and shall not be affected by the consequences resulting --from the�tax delinquency o'f_other unit holders. Neither the buildings; the property, not any of the common cgements shall be deemed to tie a, separate pucel for purposes• of taxation, 9. USE RESTRICTIONS. a. Each unit' shall be used for single family, residential purposes only, which shall include -the rental and long term leases of individual units by the owner. b. No immoral; improper, offensive; noxious -or unlawful use;shall be --made of any:unit or of the common elements; and -all applicable laws, zoning ordinances and regulatiani ofla[I goverrurtegtal authorities shall' be observed: No owner of any unit shall permit or suffer anything to beAone or. -,kept in his unit, or onrthe'common elements, which will increase the lard of'insurance on the unit. or which will obstruct or interfere with the riglits of other occupants of the other units or annoy or embarrass them; nor shall any owner undertakes any use or practice which shall constitute a nuisance to any other ownet of a unit, or which interferes with the peaceful possession. and proper: use of any other unit or the common elements;. C. No owner ofa unit shall permit any structural modification or alteration to be made to the: unit without, first obtaining the written -consent of the Board of Directors of RECEIVED 5 ____ _JUN OA 2019 BOOK PAGE 2270 0711 the Association, nor alter nor cause any changes to be made to the exterior of the building (including painting, installing television or radio antenna or installing signs), or in any manner alter the appearance of the exterior portion of the building without obtaining such consent. No unit owner shall fix any object to the common elements (including fences, flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common elements or limited common elements without first obtaining the written consent of the Board of Directors of the Association. d. The Declarant or its agent shall have the right to maintain a sales office or model unit in any of the units of its choice for the sole purpose of selling the remaining units in the project. This right will terminate upon the sale of the last unit by the Declarant. e. No cooking or use of grills or similar devises shall be allowed on the stairways, porches or decks within 10 feet of the building. f. No boats, trailers, motor homes or similar vehicles may to stored on the property or common areas, except as designated by the Unitowners Association. g. No satellite dishes may be placed on any unit without the written approval of the Unitowners Association. h. The Unitowners Association shall have the exclusive right to assign parking spaces and designate their use. i. The Unitowners Association shall have the right to require the Unit Owner to remove any pet from their Unit if it is determined that the pet is nuisance. j. The use of the property shall be subject to any restrictions contained in the Bylaws of the Association and to any Rules and Regulations established by the Board of Directors of the Association. These additional use restrictions shall have the same force and effect as the restrictions contained herein. 10. EASEMENTS. a. In case of any emergency originating in or threatening any unit, regardless of whether the owner is present at the time of such emergency, the Declarant, the Board of Directors of the Association, or any other person authorized by it, or the manager, shall have the right to immediately enter the unit for the purpose of remedying or abating the cause of the emergency. b. Each unit owner shall have an easement to use all pipes, wires, ducts, cables, conduits, public utility lines and other such facilities which are located in another unit and serve his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other such facilities which are located in such unit and serve other units. The Board of Directors of the Association shall have a right of access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or replace the common facilities contain fill iW 641sewhere `tt 69. 6 JUL 2 5 2019 JUN 0.6 2019 DCM-MHD CITY,^^ 1A111 ■/1KI/+ nkl uuvn VAG!_ 2'7a 0?12 C. T6d Board o-Rifectom may grant or, assume.easements, leases- an licenses for utility.:purposes for the -,benefit of the property, including :the right to install, lay, >nam`ta k repait, a;ndrdi-_L@,c water linespipesmain, ., sewer Imesi gas teleplione-and television wires and equipment and electrical conduits and wires over,' under.; along and on ally portion of ttr ]mils or contn5on eletnefitts. Each unit owner tigretiY_granis ro tTte $card ot)reetors, or the manager, an OTevoca&e power of attorney ttcr execute, acknowledge and&records for or lin=the namb ofthe Association or each univowner such1nstrument4 as may to necessary to effcctgake the foregoing. d. In the -event that any, unit shall encroach upon any of the common elements, og a_y� atfigr anti or utiiCs� for any reason not. -caused by the purposefuloDr negligent act of the, unit owner, or -agents of. such owner, then -an easement appurtenant to sucb wig sjtatl! exist :for the continuance of such ettccoachment upon tl ee_common elements or upowa unit for so long as such encroachment shall naturally exist. Itrthe-event thacany portion of the common elemgntl shall encroach upon any snit, an easement shall exist for the continuance ofsucll encroachment vE the common elements upon any unit, for so long as such encroachment shall naturally exist: If any unit or any portion of the Common element's shall be part%allj+ or fotaljy destroyed ass a result of fire; or other casualty, or as a result of condemnation or eminent domain proceedings,, and if upon reconstruction of the unit or the common elements' in accgcdancg with this D�U&Rlon, poition8 of th_e' common elemeaLs encroach upon any unit; or any unit encroaches then suclrencroachmentshail be permitted and a valid -easement for the maintenance theieef shall exist so long as the a eroachment naturally remains. . 11. MANAGEMENT. a Generallyi The management of the affairs of the projects shall be the right and responsibility, of the Association and said rnanagemei$ duties shall be carried out in accordance with iite terms andxonditions of this Declaration, the Articlesi of Incorporation and the Bylaws of the Association, copies of=wfiicfi aze attached herefa ands' tneorpgrated herein by, reference; piovid�ed, however, that die Association ;shall not be :authorized to take over management rights and_responsibilities until conveyance of -management respbnsibrhtkes to tk Association, as provided in tfie DO&Iitiog Arid in the Bylaws. b. Conveya control aril tnanageinebt res have been conveyed to unit G"onveyance of .all; of the units] c. Manager. The Board of Directors of the Association shall have -the right to contract with or employ a manager for. the purpose of operating, supervising, inaimaming and: managing, tt o property. All the management powers ;and duties of the Association may be: delegated to the:manager by the Board:of Directors, except those which are speciftaally resirved to the Boaro of Directors by tfiis Declaration•, the Articles; and Bylaws, or th'e Act: 12. MAINTENANCE. They respective responsibilities of the unit owners and the Association to.mainta n; repair and replace the property shall be as setforth in the Bylaws. 13. COMMWEXPENSES AND ASSESSMENTS. Ttie'_umt owtiecs are bound to, contribute, according., -to their;allocated interest- in the commonareas=and facilities as orth= RECEIVs 7 --- _— JUN BOOK PAGE 2270 0713 herein, toward the common expenses of the Association. No unit owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common areas and facilities or by abandonment of the unit belonging to him. The common profits of the property, if any, shall be distributed among the unit owners according to the same percentage undivided interest. Each unit owner shall be subject to an assessment from the Board of Directors for his share of the common expenses. The manner of computing and collecting this assessment is set forth in the Bylaws. 14. INSURANCE. a. Hazard Insurance. The Board of Directors of the Association, or the manager, shall obtain insurance upon the property for the benefit of the unit owners and their mortgagees against (1) loss or damage by fire and other hazards covered by the standard extended coverage endorsement and (2) such other hazards or risks covered for similar projects, including those covered by the standard "all risk" endorsement. Such policies shall make provision for the issuance of certificates of insurance or mortgagee endorsements to the mortgagees of unit owners, and if the companies writing such policies will agree, the policies shall provide that the insurer waivers its rights of subrogation as to any claims against unit owners, the Association and their respective servants, agents and guests. In addition to the above, the Board of Directors may obtain such other insurance coverage as they deem necessary and desirable. All liability insurance shall contain cross -liability endorsements to cover liability of the unit owners as a group to a single unit owner. Each unit owner may obtain insurance, at his own expense, affording coverage upon his own unit, his personal property and such other coverage as he may desire. All hazard insurance shall meet the minimum requirements and standards of the Federal National Mortgage Association. b. Amount of Coverage. The Board of directors or the manager shall insure all buildings and improvements upon the land and all personal property included in the common areas and facilities in an amount equal to their maximum insurance replacement value as determined annually by the Board of Directors, or manager, with the assistance of the insurance company or companies providing coverage. This insurance coverage amount shall never be less than the total principal balance due on all mortgages outstanding on the property. c. Premiums. All premiums on insurance policies purchased by the Board of Directors or manager and any deductibles payable in the event of loss shall be paid by the Association and chargeable to the Association as a common expense. d. Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board of Directors or manager as insurance trustee for the unit owners and their mortgagees. The insurance trustee shall have authority to deal with the insurer in the compromise and settlement of claims and to execute and deliver releases to the insurer upon the payment of claims. The insurance trustee's duty upon receipt of any insurance proceeds shall he to hold the same in trust for the benefit of the unit owners and their mortgagees. e. Distribution of Insurance Proceeds. PrQv - ance policies shall be distributed by the insurance trustee to or for the benefit of 4ie�eneftcial unit eMfrF Eoe S JUL 2 5 2019 PJN 0,6 1019 DCM-MHD CITY DCM WILMINGTON, NC BOOK PAGE ?270 0714 following manner: (i) Expenses of the insurance trustee. All expenses of the insurance trustee shall be paid first. (ii) Reconstruction or repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the proceeds remaining after deduction of the insurance trustee's expenses shall be paid to defray the cost of such repair or reconstruction. Any proceeds remaining after defraying such costs shall be distributed to the unit owners, in accordance with each unit owner's percentage undivided interest in the common areas and facilities, as set forth in Exhibit "C". In the event a mortgagee endorsement has been issued for a condominium unit, any proceeds remitted under this section shall be payable jointly to the unit owner and the mortgagee. (iii) Failure to reconstruct or repair, If it is determined as provided below that the damage for which the proceeds are paid will not be reconstructed or repaired, the remaining proceeds shall be distributed to the unit owners in accordance with each unit owner's percentage undivided interest in the common areas and facilities, as set forth in Exhibit "C", f. Damage and destruction. (i) Determination to reconstruct or repair. Damage to or destruction of the buildings and improvements, except that which is solely the responsibility of the unit owner, shall be promptly required or restored by the Board of Directors or manager, using the proceeds of insurance on the building for that purpose, and unit owners shall be liable for assessment for any deficiency in accordance with their percentage undivided interest in the common areas and facilities; provided, however, if the buildings shall be more than two-thirds destroyed and the owners of three -fourth of the units resolve not to proceed with repair or reconstruction, then in that event, the property shall be deemed to be owned as tenants in common by the unit owners and shall be governed by the provisions of Chapter 47C of the North Carolina General Statutes and any amendments thereto. No mortgagee shall have any right to participate in the decision to reconstruct or repair the damaged property. 00 Plans and specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications of the original building and improvements unless other plans and specifications are unanimously approved by the unit owners, g. Flood Insurance. If any part of the project is in a special flood hazard area, as defined by the Federal Emergency Management Agency, the Unitowners Association must maintain flood insurance on all units at the unit owners expense. The amount of insurance should be at least equal to the lesser of: (i) t00% of the current replacement cost of the Unit; or (ii) the maximum coverage available for the property under the National Flood Insurance Program. RECEIVED 9 DCM WILMINGTON. NC 6 0 0 K PAGE 2270 0715 h. Liability Insurance, The Association must maintain a comprehensive general liability insurance policy covering all common areas, public ways and any other areas that are under its supervision. The policy should provide coverage of at least $1,000,000 for bodily injury and property damage for any single occurrence. The liability insurance should provide coverage for: (i) bodily injury and property damage that results from the operation, maintenance or use of the projects common areas; and (ii) any legal liability that results from law suits related to employment contracts in which the owners' Association is a party. 15. COMPLIANCE WITH DECLARATION BYLAWS AND REGULATIONS. a. Binding Nature of Declaration. Bylaws and Regulations. The restrictions and obligations imposed by this Declaration and the Articles and Bylaws of the Association are intended to and shall constitute covenants running with the land and shall constitute an equitable servitude upon each unit and its appurtenant undivided interest in the common areas and facilities. Each unit owner, his tenants, invitees, guests, employees, agents, grantees, successors and assigns, shall comply strictly with the covenants set forth in this Declaration, the Articles and Bylaws of the Association, and any Rules and Regulations adopted by the Association as the same may be lawfully amended from time to time, the acceptance of a deed of conveyance, the entering into a lease, or occupancy of a unit shall constitute an agreement that the provisions of this Declaration, the Articles and Bylaws, and any Rules and Regulations are accepted and ratified by the grantee, tenant, or occupant whether or not these provisions are referred to in the deed of lease. b. Remedies for Violation. Failure to comply with the covenants and restrictions set forth in this Declaration, the Articles, Bylaws and the Rules and Regulations shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the Board of Directors or manager on behalf of the Association or by an aggrieved unit owner. The Board of Directors shall also have authority to enforce such covenants and restrictions by denial of the use of the common areas and facilities to violators, by levying fines for infractions in an amount not to exceed one hundred fifty dollars ($150.00) per day, and by such other means as are provided in this Declaration, Bylaws, and Rules and Regulations or by law. c. Liability for Expenses. Each unit owner shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by his act, neglect, or carelessness, or by that of any member of his family, or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include liability for any increase in fire insurance rates occasioned by the use, misuse, occupancy, or abandonment of a unit or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. d. Waiver. The failure of the Association, any unit owner, or other person to enforce any right, provision, covenant, or condition which m FX;;by thilqp"olD t0 JUL 2 5 2019 JUN 0.6 2019 DCM-MHD CITa°CM WILMINGTON, NC uuvi% PAGE 21 tI71 . o_r the ottiei ab4yeWniiemtioti documents shall not constitute a waiver of the right o the x, Amciation=.or of the°=unit-owner tv ettifaztc such Fight, provtsiah� cnyel anfs, 4is condttl¢ tit the futiva� e. Remedies Cumulative. All; fights; remediewands privileges granted to the'. Assodiation or the owner or,awners of'a unit pursuant to any terms, 9M !Ldioiis3 coyenants; or conditions ofdthis'Dectaratfoii or the ot3dr above;mentoned'iiocttments, shall be deededito be camulat vei am l the exercise of any one or more7shall not -be deemed to coi fitute as a%cliotc, of remedies, oar shall it preclude the pity thus exercising file same f a -in exercising such other and additYoiial rigkts, remedl6On privileges as may, be: available to such party at 14w or in :equity. . 16. PARTY WALLS. a; Tiie walls and flooring connecting adjacent units! ate "patty walls" and are situated on or. about the° bodnda ltnd se`aratl%g"s_uct� «ititsl b: All finish flooring and any other mate Wi constitutifig any part of thep, walls, floors; of ceilings are a part 'of ttie common elements, pursuant to G S. 47C-2-102(1). To th& extent any duct, wire, condttlt; or any otherfixture lies partially: within -and partially outside the designated boundaries of_a unit, any portion thereof serving only that unit is a limited common element allocated-IFx— glusive-T y to tha .unit; and any -portion thereof serving d "'t r ,_y portion of the., commomelementsi i& a part of the common element$` more than on um o, an pursuant to G S 47',G-2-102{(2). Any decks, porches, balconies, patios=and all other exterior dg&4 annd windows,, or, other fixtures -designated to'-serve1 a sing[c unit lint locate outside the unit' ttoundaz�ies are limited common elements allocated, exclusively ; to that unit ( ...�..,... _ n y , pursuant to G.S. 47C-2-202 4) c. Fact; wail wfiieh'is built as part of the original construction of a unit and], placed; on the dividing line between the units shall, constitute a party call, and; tq the extent not inconsistent with: the provisions of this Article, ttie general rules .of law regarding party walls: and liability for proPerty damage due to negligence or, wiltful'acts or omissions shall apply thereto. d: The cost of reasonable repair, and maintenance of a party wall shall tie shAi6d by the.owners wha' make use of the wall in propoStion to such use; e Notwithstanding any other ptovtsions of this Article, an owner wfio by his, negligent or willWact causes a" party, wall to be exposed'_to the elements shall bear the — whole —cost —of fiirnish4 the. necessaryprotection.against'such elements. f ! The tight of any awner.:to contribution -from any other --owner under this Article-shalltbe appurtenant to the'land`and shall pass to such owner's successors to tine. g: -If any -.owner desires to sell his unit" such oivner tnay,'iit OtAF-fardVED 11 _SUN _t1.6 2019 DCM.WILMINGTON, NC BOOK PAGE 2270 0717 prospective purchaser that no adjoining unit owner has a right of contribution as provided in this Section, request of the adjoining unit owner a certification that no right of contribution exists, wereupon it shall be the duty of the adjoining unit owner to make such certification immediately upon request and without charges; provided, however, that where the adjoining unit owner claims a right of contribution the certification shall contain a recital of the amount claimed. h. In the event of any dispute arising concerning a party wall, or under the provisions of this Section, such dispute shall be settled by arbitration as provided by the laws of North Carolina as then existing. 17. PROCESS AGENT. FRED.1 MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, NC 27609 is hereby designated to receive service of process in any action which may be brought under the Act. The Board of Directors may change the process agent by filing a Declaration of Change of Registered Agent in the office of Register of Deeds of New Hanover County, North Carolina. 18. MORTGAGE OF UNITS. Any unit owner may give a deed of trust or mortgage on his unit without prior notice to or authorization by the Declarant or the Board of Directors of the Association. Any rights the Association may have to place a lien upon the property of the unit owner shall be subordinate to and inferior to any deed of trust or mortgage that said unit owner has placed on his property. 19. TERMINATION. The condominium may be terminated and removed from the provisions of the Unit Ownership Act only by written agreement of all the owners of units expressed in an instrument to that effect and duly recorded, provided that the holders of all liens affecting any of the units must consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest in the property which the unit owner owns after termination. The termination shall become effective when the above instruments have been duly recorded in the public records. After termination of the condominium, the unit owners shall own the property as tenants in common in undivided shares and the holders of mortgages and liens against the units formerly owned by such unit owners shall have mortgages and liens against the respective undivided shares of the unit owners. The undivided share or interest in the property owned as tenants in common which shall appertain to each unit owner shall be the percentage of the undivided interest previously owned by such unit owner in the, common areas and facilities. 20. ASSOCIATION. The Association shall be formed in accordance with Articles and Bylaws attached hereto as Exhibits "D" and "E". The Association shall have all the powers and duties set forth in the Act as well as all of the powers and duties granted to or imposed upon it by this Declaration, the Bylaws attached hereto as Exhibit "E". and the Articles attached hereto as Exhibit "D" as the same may be amended from time to time. Each unit owner, by the acceptance and recording of the deed to such unit owner's unit, appoints irrevocably the Association as herein provided, including the right to execute in such unit owner's name any and all instruments or documents necessary or reasonably required in regard thereto. The operation of the Association shall be governed by the Bylaws and Articles. No modification or amendment of the Bylaws or Articles shall be valid unless set forth in or annexed to an amendment to this Declaration, certified by the President and Secretary of the Association and i$lp*e 12 UN 0.6 2019 AtlL 2 5 2019 ®CM -MHO CITWhA wit MINrTON. NC f 004 prA QQLF 2 27 0 0718 ice of tfie gogister of Deeds of New Hanover County. The Assl?prattott ]eretiy is gralited •, authori and direcW to become cif re' " " matt a mernlb_er o� the Master Association, to pay such dills and a—mmme. nts as may be levied against the Association by'the=Hostel Associ on, :and to include such dumand assessmetifs as part Of the common expenses: 2.1. AMENDMENT OF DECLARATION, 'Fla DecLtrarion may be,amended by the Declarant.'at any tinre Pilk t9 the,, conveyance. of ail units without the necessity qF tise permissioo, consent or joinder of any, other. person or IgW, and t4jreafter at any regular or special meeting of the Association, a"r and convened -in accordance with the=Bylaws, by the affirmative vale of or written agreement sigpedby unit owners ofl-units tq Which at least 75% of the votes in the Association are' allocated Any holder of a. first mortgage on as Unit whd received a written request from the Association to approve any proposed iriadfication and does not deliver on post to the Association a negatp a response within thirty (30Fys following, receipt oflsuc r'eguest st all lie deemed to have:approved same Notwithstatfding, did aft qwa, no amendments shalt change, affect or alter the alipcated geresc. in, alai common Area ypurtenant to a unity a unit owner's proportionate share of -the common expenses or crimmon pofits, or fhe voting rights appurtenant to:any umt create of increase special Declarant rights, increase the number of units, cW& the boundaries of any unit, or the;usesi to which a3 unit .is mortgages on units,, Further, no amendment sfiall be effects ie until 'certified holders es first T red, in the, absence of unanimous consent of the unit; owners and ed bya the president and Secretary of ttie Association and recorded .in the office of the Register of Deeds of New Hanover County. _wW 22.yEl2ABILITY. The invalidity. of any provision of this Declirafion shall, not impair or affect the validity and euforceabdtty, of the remainder of this,Declaration and, hysuch everu, all of tfie other provisions of ihiss Declaration shall continue in full force and effec_ f as if suds invalid provision ha& never beers- included. 23. I A`7V CONTROLLING This, declaration; the Bylawsi and; any Rules and Aegulatigp idopted'thereundec sh'all.be construed under;andxontrotled by the laws of the, Slate of North Carolina. 24. WARRANTIES. The: Declarant disclaimsi any warranty or representat o_4 in connection -with the condominium project, excgpt as specificall"y;set forih herein; and, no —person shall rgly upon any, warranty or, representation not specifically made herein. Any estimates of commom-expenses, taxes, or other charges are' deemed accyfatg, Guy; no warranty or guaranty is made or intended, gd may one be relies upon. 256 The rights of any owner, as provided Herein, shall not include mortgagees of any property wlthin: the project unless said mortgagee obtains title :to the property 'by means of foreclosure or other legal methods. IN TESTIMONY WHEREOF, the Declara�tj�s caused this Declarati--" to be signed in f iN, name and duly attested and sealed; this the day of /V6 e r' , 1997. RECEIVED 13' JUN 0.6 2019 DCM WILMINGTON, NC KM 6F NOi t"H CAROLINA 22 7 S 0711 COUNTY! OF NEW HANOVER 1 STEVEN F. SIEGEL, a Notary Public for the ailojM M M certify thatt'FM J MATT, pei idn came before me this day exmution of the fam1ping instrument. Witness my hand and official stamp or seal, this t N - day of /V0V f --1 be.^ 1997. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public (Notarial Seal STEVEN f Sb fic State of North Earohns New Hanover County Commission Expires August 29, 2000 The Foregoing Certificate of _:5AL Pn/ f� 6.P 22Z Notary Public is certified to be correct. This the day of A1d), 1997. MARY SUE OOTS REGISTER OF DEEDS, NEW HANOVER COUNTY Qquq/Assistant RECEIVED RECEIVED 14 JUL 2 5 2uiJ JUN Q6 2019 DCM-MHD CITY DCM WILMINGTON, NC BOOK PAGE '2 7 0 0 7 2 "EXHIBIT "A" ALL Old LOT 5 OF CHANNEL ACRES AS SHOWN ON ME MAP -OF SAIID'SUBDIVISION ,RECORDED IN MAP- BOOK 91AT ?A9E 2-71N THE QFFICEj QF THE REG ISTER, 0 DEEDS 0 _-7. F p New KAMM co-timff, AND ALSO AS SHOWN ON THE -PLAT OF THE PALMS! CONbOMNIUMS; RECORDED IN UNIT dk�HIR BOOK 11, AT PAGES 114 AND 115, IN . THE OFFICE OF THU REGISTER OF DEEDS, OF NEW IJA __ U R., aq STY. le RECEIVED JUN 0..6'2019 I)CM WILMINGTON, NC 9 w Cp CV Q C` d TYPICAL HEICHT. t3'-e t-31,-. rl3l'-♦ 1 I Y'-a 1/2- U. 32'-6 ,n NNN� I� HE i A - • r 9•-4 1/2� � h =YL9AgfER="WTLDCAICBfiF�8TFi11T BUCHPUTe Nb RIVNC ANo IAYOIlfe, a.g o�w�r M �Ba wl�+a'r Mi c�w.�t� UNRPw- CEL D RnM6Y MMIM, I N6, Nana NO NAOR NtAW N"BA M M NUMlRg, AND WIBI6ONS OF UN111q AM McURT. ANef w emNS i" •le4 pi SNMkEe mi »wry NN• pgnl aiE M to N NwrN! ua +P.w p w W U !iJ ^' o � _J U = G W > W W m O cc o Z z Z I6ARKER/C ^UIORY AR ITECTS INC - „-,AL T� SIGN? MITI . WIJNWICK W I BIG mrll a R. Rea .i4 r �PtG .q i M ,1 pY ARCH/ `C7 Q OH�YEGTUq, rlC�l%. C G90 Z a P C n m CERT. NO. ; Cl e eTb If. lb �NCAPOt� G' - /NrZTMA N LEGEND ® UNIT AS DESIGNATED THE PAA6 FURRED DOWN CEILING OpNO0M0 PW DOCOMRM ® AREA 7'-0" HEIGHT vollimmm N.O. eCCONo Roan zi AFICHITIME; CMMFIMTKU KCHWMI AND - PUMPIALVANDACMWAMY6aVtYWLI#YotyMd Mielft"WOOLOO Ufar, Nny. z 0 LU oN > 0 m M Z_ c ) :z 2 cl ci RARI&R/a_UiD_Ry ARCHITECTS JINC SURE it Enos si.aeEe' -NO. 675 LTGEND UNIT AS DESIGNATED TURRED qqWN CE_U�QcoNoaNaw ARFA'7'-O`AH2IrHT' EXHIBIT "C" UNIT A B C &OOK PACE 2270 0724 PERCENTAGE INTEREST 35.70% 32.15% 32.15 % RECEIVED JUL 2 5 2019 DCM-MHD CITY RECEIVED JUN 0.6 2019 DCM WILMINGTON, NC E0011 PAGE EXHIBIT "D" 22'PI ARTICLES OF INCORPORATION .OF THE PALMS UNITOWNEBS' ASSOCIATIOKi INC. 0 f'25 The undersigned, Wfift d the age of eighteen y`, &g of ii r, ,dies hereQy make and acknowledge these Articles of Incorpora& fir the purpose of forming -a non-profiucorporatton; under and by, virtue -of Chapter SSA of the General Statutes of North Carolina and the taws of tiie State of North Carolina. ARTICLE 1 rNAME THeiname of,dt e=corporation-is,TH�PALMS UNLTOWASSOCIATION, INC. ARTICLE II DURATION The. period' oeduration of-tfieacoTomtion is?perpetual. ARTICLE lff7 PURPOSES AND POWERS The purposes: and powers for -which the corporation is" organized are a§ follows: (I) To operate and manage a planned unit: subdivision development known as THE PALM& CONDOMINIUMS, located itf WRIGHTSVILLE BEACH, NEW `11ANOVEl2 COUNTY, NORTH CAROL[N�A. (2) To undertake the pisrformanre of, and caI out tEe acts and duties m11 d nt;to the ,adininistrationi of the, -,operation and management: of, THE PALMS. UNITOWNERS ASSOCIATION; INC. in accordance with tk-terhis, provisions conditions and authofization contained Ih bot4 tLese Ai t04 and'tnI]tf a Declaration of Covenants, Conditions and Restriction& which shall be recordedi in the Public Records of New Hanover County, North Carolina, at such time as the real" ro r '" and the im rovem a p pe ty r ,p "ents thereon" are sulmttied tp said Declelrafon; (3) To make, establish an&enforcelreasonable rules and regulations.governing the use- of stil dnvtsion development common elements, Iand, and other real and petsonal,property which., may., he owned by the Associations itself; (4) To. make, levy and colfect assessments against lot owners; to provide the funds to pay for common expenses of the Association as provided' in the Declaration' of Covenants, Conditions, and Restrtcttops and to use and,expe» a the proceeds: of assessments, in the exercise '.given F. Siegeh of the powers and -duties of the Association; to use said assessments'. to. promote the recreation,' N'fORNEY w3 LAw , ••• - acquisition, improvement and niaintenange of,--propert'-' services and facilities devoted to rHis �tINNA STAl10N jP EAS1 o ROAD Sam 5 _ - i RECEIVED :Wdi&i�3NC 28403 JUN 0.'6 2019 DCM WILMINGTON, NO men F. Siegel no...E• .r L . ljmlw Sur"A 7 E/s1W Ro.. suaE 5 bTOM. NC 264n3 B001i 2270 PAGE 0726 purpose and related to the use and enjoyment of the common areas, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof, the maintenance of insurance in accordance with the Bylaws, including the employment of attorneys to represent the Association when necessary for such other needs as may arise; (5) To maintain, repair, replace and operate the properties for which the Association is responsible; (6) To enforce by any legal means, the provisions of the Declaration of Covenants, Conditions and Restrictions, the Bylaws of the Association, and the rules and regulations for the use of the Association property; (7) To contract for the management of the recreational property and to delegate to such manager or managers ail powers and duties of the Association except those powers and duties which are specifically required to have approval of the Board of Directors or the membership of the Association; (S) To have ail of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration of Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS and all powers reasonably necessary to implement the purposes of the Association. (9) Upon dissolution, the assets of the Corporation shall be distributed as set forth in G.S. Section 55A-14-03. ARTICLE IV MEMBERSHIP A. The membership of THE PALMS UNITOWNERS ASSOCIATION, INC. shall consist of the owners of units in THE PALMS CONDOMINIUMS, the Developer, and the owners of any other lands which may he added thereto by the Developer. Membership shall be established by acquisition of fee title to a unit in THE PALMS CONDOMINIUMS whether by conveyance, devise, descent, or judicial decree. A new owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership* of the prior owner as to a lot designated shall be terminated. Each new owner shall deliver to the Association a true copy of such deed or instrument of acquisition of title. B. Neither one's membership in the Corporation nor a member's share in the funds and assets of the Corporation may be assigned, hypothecated or transferred in any manner except as an appurtenance to THE PALMS CONDOMINIUMS. C. There shall be one class of members in the Association as provided for in the Declaration RECEIVED JUL 2 5 Z019 RECEIVED DCM-MHD CITY DCM WILMINGTON, NC eveniF. Siegel ✓roRRET AT LAW �CUMIRA STATOR b Ewa o RO SuR 9 ypc,ow 14G26403 60014 PAGE 2270 0727 ARTICLE V DIRECTORS A; The Ctnn ber of; Directors and the method of election of the Directors shall tie fined by, the Bylaws; however, the number of Direcfor9 shall nod i d less 44 throe. Directors shall be etecte°d 4t l#& fh4m the t pm*r4b p. B. The -first electron IV, the mertiliers of the Associationi for Directors -.shall norbe held until after, the lav_eloper has relinquished control ofthe Association as=seEout id th qie lat 04 of Covenants, Conditions and Restrictions. Thereafter, th@ 4leefton of-DIrectors stall take place at the annual meeting of the membership as provided in thet Bylaw& After the DectaianFtias relinquished control, there shalb be a special meetmg1 of the membRq— ip for the purpose of electing a Bind of Directors to serve, until the next. -annual meeting and until new Directors arc elected and qualified ARTICLE VI INITIAL BOARD OFiDIRECTORS NAME ADDRESS 1: FRED J. MATT 4400 FALLS OF'NEUSE ROAD' VMUINGTON,, NC 2840 2. KEITH M. BEATTY 60=1TELICAN DRIVE WRtGHTSVILLE BEACH, NC 28489, 37, STEVEN R SIEGEL 803 NORTH LUIvIIN - AVENUE WRIGHTSVILLE BEACH, NC 2$48f1 ARTICLE VK TAX STATUS The Corporation;shall haee all the powers granted non-profit corporations under the haws of the State of North Car6lit5a. N6 it§stapiihg,apyj oilier provision of'tl ese, Articles; this Corporation hereby elects tax-exempt status under Section 528 of the internal RevenueCodeof 1486. This Corporation shall not carry on any activities profiitiited liy, a Corporation electing fax -exempt status under'Seetion 528, or any corresponding -sections oc.provisions of any future United States Internals Revenue -law. It is further provided that --no distributions of income af"tl e Co poration are to be made, to members, dhr-ecfors or officers o-' the corporation; provided; however, that members ;of the Corporation may receive a rebate of any excess, dues and assessments previously paid. 3, RECEIVED JUN 0,.6 2019 DCM WILMINGTON, NC even F. Siegel 'CA.EY AT LAW LL.I.. $TPTICM O E S.0o RcA. BOOK PAGE 2270 G728 ARTICLE Vill REGISTERED OFFICE AND AGENT The address of the initial registered and principal office of the corporation in the State of North Carolina is 60 PELICAN DRIVE, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA 28480, and the name of its initial registered agent at such address is KEITH M. BEATTY. ARTICLE IX INCORPORATOR The name and address of the incorporator is FRED J. MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, WAKE COUNTY, NORTH CAROLINA, 27609, ARTICLE X FINANCE The Association is not organized for pecuniary gain, nor shall it have any power to issue Certificates of stock or pay dividends. No part of the net earnings or assets of the Association shalt be distributed upon dissolution, or otherwise, to any member, director, or officer of the Association. ARTICLE XI AMENDMENTS Any amendment to these Articles of Incorporation shall require the assent of one hundred percent (100%) of the voting members of the Association IN WITNES WHEREOF, the incorporator has hereunto set his hand and seal this _ 104k day of OVe -i La e e-- , 1997. 5„ITE 5 RECEIVED amo.. NC 2&403 JUL ,2 5 2019 JUN 0,6 2019 RECEIVED DCM-MHD CITY __ DCM WILMINGTON, NC EXHIBIT "E" BOOK PAGE BYLAWS _, . 2219 072- OF TM, PALMS IIIYITOWi` ER$ AS50CkATION; IIYel. ARTICLE I GENERAL 1, Name" and Location, The name of the Association is THE PALMS UNITOWNER� ASSQCIATION; INC.. The.principal-office of the Association shall tie loarf� at=60 Pelican Drive, Wriglifsville Beach, IVortli Carol'na 28490 or:at such other place as may be s6bsequently designated by the Board of Directors of the Association. 2. A Iieability, TheiProxisions of these Bylaws are binding on all owners ofuniis in HE PALMS ^ - - ,-_ (herein'called condominium project )., their tenants; guests, inyttges; agents; employees, grantees, shccessors and assigns. `. 3. Fiscal Year. The Escal year of tfie eSssoeuitiin shall lie the calhndar year. 4. Definitions. The definitions of k-etdiijLs used herein shall, tie the same as3 the definitions set forth 3n the Deelaratiog ,to which ;these Bylaws aze attached: ARTICLE II MEMBERSHIP Every, owner of &.unit.ifiall bewa member, of'the. Association and membersh g in tee Association --shall berlimited io�; umt ARTICLE III MEETINGS OF MEMBERSHIP 3 1. Place. All meetings of members&hall beheld -at such place as�may=be designated in the notice of they meeting_a try Annual Meeting: The:firsva shall be held withm'thirty (30) :days froin;,tlie, 'project is: turned over, by the D'eclaratirto - ubsequenf annual meehngs RQI be held it in` the Deolaratii Fed by the Bond RECEIVED a I 2270 0730 Directors of the Association. At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting. 3. Special Meetings. Special meetings of the members may be called at any time by the President of the Association or by the Board of Directors or at the written request of the members entitled to vote one-fourth (1/4) of all of the votes of the Association. Business transacted at all special meetings shall be confined to the objects stated in the notice of the meeting. 4. Notice of Meetings. Written notice of each annual and special meeting of the members shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the Association, at least ten (10) days, but no more than fifty (50) days, before the meeting. The notice shall specify the place, day, time and purpose of the meeting. Waiver in writing of the notice required herein, signed by the member before, at, or after such meeting, shall be equivalent to the giving of such notice. Each member shall notify the Secretary of the Association of any address change, and the giving of notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary. 5. Mernimship List. At least ten (10) days before every election of directors, a complete list of members entitled to vote at the election, showing the unit owned by the member and the residence address of each, shall be prepared by the Secretary. Such list shall be open to examination by any member throughout the ten (10) day period preceding the election, until the election is completed. 6. Voting Rights. Each owner shall be entitled to vote in accordance with the owner's percentage interest in the common areas and facilities, as that percentage interest is reflected in the Declaration of Unit Ownership and Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS (herein called "Declaration"). If more than one person or entity owns a unit, they shall file a certificate with the Secretary naming the person authorized to cast the vote for the unit. If no certificate is filed, the co -owners must designate, at the time of the meeting, the person authorized to cast such vote. 7. Proxies. At all meetings of the members, every member shall have the right to vote in person or by proxy. All proxies shall be executed in writing by the member or by his duly authorized attorney -in -fact and shall be filed with the Secretary. No proxy shall be valid after eleven (11) month from the date of its execution, unless otherwise provided in the proxy. 8. Quorum. The presence at a meeting of members entitled to cast, or of proxies entitled to cast, fifty-one percent (51 %) of the votes of the Association on the basis of common area ownership shall constitute a quorum for any action, except as otherwise provided in the Declaration or these Bylaws. If, however, such quorum is not present or represented at any meeting, the members present and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. If adjournment extends thirty (30) days past the originally scheduled meeting date, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided. RECEIVED RECEIVED 2 JUL 2 5 2019 SUN 0-6 2019 DCM-MHQjQ. ITY DCM, WILMINGTON, NC 227p g731 Q. Voting Required to:TransM 13usinM!. When a qubritm ig ILesent at 4",,.meeting, a ma;Loritg of-M Voolo etitiffe I to lie st N i the members present or represented b�y proxy shales decide any, question brought before the meeting unless the question B one 5—p@ wlCich, Ey, exp r 69§1 provision of the Declareiy par these 13plavts, a different vote_:is required, in which,case . such express prowision shall govern and controb the decision] of such question. 10. Q der o6_13_1 siness. Tie order of business at annual members' meetings and gs far, as practical at other members' rneeti511, will fie: A. Roll call and -certification of proxies; B. •P,roaf ofrnatice,o_meeCn Or_vva�ver o n ft e C. Reading.of minutes Oprior meeting, D. O'_fficers ir`eporis; E. Committee reports; F. Appotntmenf-bye Cfiaiinan' of lnspectois::of Eleotibn; (s. Approval o€'budget,, if refit u>redr H. Elections of':directots'=an , officers; I. Unfinished business; J. New business; K. Adjournment. ARTICLE IV BOARD OF DIRECTOR 1,. Number. The.affaurs.of the Association shall be managed by a Board of--Duectgrs consisting, of three (3) directors, The three directors, shall each be unit owners of the: condominium. Until sixty per cent (60°%) of the units are:sold, the Developer shall have the right to select the Directors. 2: Term: The term; of office of a director selected" by the Developer shall tie' one year. The term of, office of a director selected i y unfit owners shall be two, years. 1 Nomination and be made by a Nom►_nat g ComEmection. rNominario'it for elei uon to the Board of Directors shall ' ominations may also be.made from: the floor at the annual meeting: T11e NominatingJCommrttee_shall_consist of'a Cha¢man ,wlio shallcbe a: RECEIVED 3 JUN o.s-MT- COOK Pace 2270 0732 member of the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members only. Election to the Board of Directors shall be by voice vote unless secret written ballot is demanded by the owners of at least 50% of the votes of all Association members. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. 4. Vacancy. Any vacancy occurring in the Board of Directors by reason of transfer of ownership, death, resignation, retirement, disqualification, removal from office or other reason, may be filled by the remaining Board of Directors. A director appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. 5. Removal. Any director may be removed from the Board of Directors, with or without cause, by a majority vote of the total membership of the Association. 6. First Board of Directors. The first Board of Directors shall consist of those named in the Articles of Incorporation of the Association. The first Board of Directors shall serve until the first annual meeting. 7. Compensation. No director shall receive compensation for any service he may render to the Association in his capacity as a director. However, each director shall be reimbursed for actual expenses incurred in the performance of his duties. 8. Powers. The Board of Directors may exercise all corporate powers not specifically prohibited by statute, the Articles of Incorporation or the Declaration to which these Bylaws are attached. The powers of the Board shall specifically include, but not be limited to, the following: a. To make and collect regular and special assessments and establish the time within which payment of such assessments are due. b. To use and expend the assessments collected to maintain, care for, manage and preserve the units and condominium property, except those portions thereof which are required to be maintained, cared for and preserved by the owners. c. To insure the common areas and facilities of the condominium project in the manner set forth in the Declaration against loss from fire and other casualty, and to insure the unit owners against public liability, and to purchase such other insurance as the Board may deem advisable. d. To employ and compensate such personnel as may be required for the maintenance and preservation of the property. e. To make and amend rules and regulation, patting the usR-Lt"-�p�ton 4 JUN 0,6 2019 JUL 2 5 2019 DCM-MHD CITY DCM WILMINGTON, NC 'h PAGE �70 07313 area; and fac]ffities-ani-the;conduc of=tfie unrtwownersi thii tta t9 and_guegis. Y To acquirelreni�tir leasg a-eondominiu untt in then ne,o€ tttc i4ssociatiom of ifs designee. g. To contract for management of the condominium project and toodelegate to such manager, employee on contractor all, powers and duties of the As'i dgdw on except those specificalij regiiired by th— Declaration th haue specific approval of the Boards of Directors or file membership of the, Association. 4, To enforce the provisions of these Bylaws, the,Deelarntiori and tt�e rar and regulations promulgated thereander:by any? IER— means; ihcluding the denial of a unit owner's right to pse * common areas and factlities; and, assessment of penalties as defined m the Declaration. L To-desipatel as the Board de emsappropriatel assigned parking sLaces, for each unit 9, visitors+, 'service vehicles, and othal vehicles. t To;propase`and,adoQc ari anrmaT-6udgej Lei the prcipe'ry ARTICLE V MEETINGS OF DIRECTORS 1. Rye *-ular Mbetinpg: The firsti regular; meeting of each newly effected BWd of Directors shall bei held .immediately+ upon adlournirient of'the meeting at which they; were, elected, piovrdeil a cjuoruM is present, or as soon thereafter maybe practicable. Subsequent' regular _meetings_of the J o arc L of Directors shalI beheld, at such,pIk—& and Hour as may Be fixed from! time to time by resolution df the Boardi. after n_d't less than three (3) days notice to each: difecior. 2. Special. Meetifigs Special meetings of theBoard ofD:irectors shall! be held when called by the President of the,, Association, or by anyi one (1) director, after riot less than three (3) days notice to each director. 3: Quorum. A majority of the Board of DirWors shall constitute a quorum far the tfansactioir of business. The act of=tlie majority of die Directors present af.a meetingattwhich a quorum is -present shall be regarded as the act of the Board. 4, Waiver of Notice; Attendance,of a director at any -meeting -shall constitute waiver of notice of the meeting except where a drrector attends a meeting, for the express purpose, of ol)ecttng to the transae[i4�t of any business because the, meeting is not lawfully called or convened. If a meeting of directors otherwise valid is held without proper CW1, or nottc, action taken at such a idd6tinn is deemed ratified by, a director who did not attend unless promptly; after having knowledge of the;action taken and of the.impropriety in question, he'frles, with the Secretary of the Association his written objection to the holding,of the meeti qr to any specific action so. taken. `° RECEIVED 5 JUN V 2019 DCM WILMINGTON, NC LOOK PAGE 2270 0734 5. Action Without a Meeting. Any action taken by a majority of directors without a meeting is nevertheless effective if written consent to the action is obtained from all the directors and filed with the minutes of the proceedings of the Board, whether done before or after the action so taken. 6. Attendance by Telephone. Any director may participate in a meeting of the Board, by means of a conference telephone or similar communications device which allows all persons participating in the meeting to hear each other. Such participation by a director in a meeting shall be deemed presence in person by the director at such meeting. ARTICLE VI OFFICERS AND THEIR DUTIES 1. Executive Officers. The executive officers of the Association shall be a President, Vice -President, Secretary and Treasurer, all of whom shall be elected annually by the Board of Directors from the membership. Any two offices may be held by the same person, except the offices of the President and Secretary. 2. Special Officers. The Board of Directors may from time to time elect such other officers as the affairs of the Association require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may prescribe. 3. Term. The executive officers shall hold office for one year, unless they resign or are replaced. 4. Removal or Resignation. Any officer may be removed from office with or without cause, at any time, by action of the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of the notice, unless a later time is specified therein. The acceptance of the resignation shall not be required to make it effective. 5. Vacancy. A vacancy in any office may be filled by the Board of Directors. An officer appointed to fill a vacancy shall serve for the unexpired term of the officer he replaces. 6. Duties. The duties of the officers are as follows: a. President. The President shall preside at all meetings of the members and board of Directors; shall have general and active management of the business of the Association; shall see that all orders and resolutions of the Board are carried into effect; shall have general superintendence and direction of all the other officers of the Association and shall see that their duties are performed properly; shall be an ex-officio member of all committees, and shall have the general powers and duties of supervision and management usually vested in the office of the president of a corporation. b. Vice -President. The Vice -President shall act in the place and stead of the President in the event of his absence, inability or refusal to act an Ihall exerq0tl'�rge �ECEIVCL 6 !UN 1i 6 2019 JUL 2 5 2019 ncnn wll_MINGTON, NC EOOK PAGE 2270 0735 sitc�li other=dunes as may b`d.prescrtbea�b� ttie:l3oard� Seeretarvt ThT,Secretary shall tecord the_ notes and keep the mmutes-of alt mi etmgs of:thee' members atul of tt►e) oard.of➢tractors m one or more books g�ovtided fo tFtaG Association and shat�see tlis a eaj of theme soaom�reoon and q th Seal of ° p fr these: Ytaws of as required I2 la�u, t _ affi all documents requ►rmg gam seal;, shah) keglE the tec_ocds of `the Association; except those of the Treasurer, in] general; shah°periarne all--dutie§ w4rom Ume to -€line may aq acsigued to hiifl by lire Prestent sot by ilia 13oaA Of -LB- % dTreasurer. 'Thai Treasurer, Shari! re etve and !depositafl-,monies and t okeether � 0' . dF Associatron irtsuch depositories as maybe designated by the, Board, shalp ] proper, books of account, shall disbursg the Ni* of the Associattori as oreered by the Board; tarring prop_e`,r vogehe>s for snch disbursements, and shall render to the Presidegiand WE of I)i"r'ecthrs, nor whenevee they�mayrrequire it,•ai1 °adcount`_of.`all iiistr"aiisacitons ac�Pa�„r�,��n, be open to at the"rA`ssa a bond satisf Wq-, ffi--the iiaazd;�o2 the > - � rd restoB ranoi to ;the Associataoni iirc amof books, papers; vouchers; money or other be presented to the:members at their regular annuals meeting, shall, with th'e approval Wthe Board,a be author xea to deiegatej alli_oi part cif liisrresponslbilraes to competent accoutltin; ctillectioagr management personnel) but in such 'event, the Treasurer' sffall retain supervisory' responsibilities, and, in generat shall pefform all datie'' mcrdent:to the ofh'ce°.of'Treasurer and; assigned to him by the 1'residefit,.or the_liiard 7. Indetnnifi Lion; Any.pe son other than one wiL-Whom the-corpotattori has centracte3 for the:management;of_the.condommmtn pmaect or any portion Wereof, who�at�anyI time serves or hasIse>ved as a d¢ector Q.- Rer; employee or ago t.of the.corporadon, or.:insuch� OR- at the, request: of the corporation; for arty: other corporation; partnership; joint vei f ft trust or other enterprise, shall be indemnified by the corpiwii n to the fullest extent permitted by-',Ik agaihs i(j1 reasonable expense�� including, attorneys' fees; factually and fly inquired:by..'himµin.connectionwwith any threatened or pending or completed actwnn` .ar _proceeding; whether d h' itud,' admmistiative' ar`, investtgative and wl ether,oc nottiroughttiy or on_;behalf of;;tfie corpo anon seeking to.hol&him=liable by:reason,of'the fact that he is or'was acting in such capacity, and, (b) reasonable payments ifiW by, him m satisfaction :of'aiiy judgment;; money deoiee; fine; penalty, or settlement for which;he may -:become liable m any such action, suit or ---proceeding.. The 73oard of Directors .of the corporation shaif take all such actin i asi may be necessa and appropriate to authorize the corporation to,pay the indemnification repuired by tbislB ii ineluding without lirttation, tothe extentneeded;,making a good faith evaluation ofthe:mannt in which he claimant^,for mdemmty acted and of the reasonable amorist of tndetnnity'_di;e h and gii+in`g notice toi-and obtaining -approval by,Ahe membets of-..:tlie corporation: RECEIVED 7 JUN Q61019 DCM WILMINGTON, NC GOOK PAGE 2270 0736 Any person who at any time after the adoption of this Bylaw serves or has served in any of the aforesaid capacities for or on behalf of the corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this Bylaw. 8. Fidelity Bond. The Association may provide blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. A management agent that handles funds for the Association should also be covered by its own fidelity bond. Except for fidelity bonds that a management agent obtains for its personnel, all other such bonds shall name the Association as and obligee and their premiums shall be a common expense and paid by the owners' Association. The fidelity bond shall cover the maximum funds that will be in the custody of the owners' Association or its management agent at any time while the bond is in force. In addition, the fidelity bond coverage must at least equal the sum of 3 months' assessment on all units in the project, plus the Association's reserve funds. The bonds must include a provision that calls for 10 days' written notice to the Association, any insurance trustee, or any servicer that services a FNMA -owned mortgage in the condominium project, before the bond can be canceled or substantially modified for any reason. ARTICLE VII COMMITTEES The Board of Directors shall appoint a Nominating Committee and such other committees as they may from time to time deem appropriate. ARTICLE VilI MAINTENANCE 1. Association's Maintenance Responsibility_. The Association, as a common expense, shall be responsible for the maintenance, repair and replacement of the common areas, limited common areas and facilities, and for any incidental damage caused to any unit by virtue of such maintenance, repair and replacement. The Association shall have the right to make alterations or improvements to the common areas and facilities and to assess unit owners for the same, provided these alterations are without prejudice to any unit owner and are approved by the Board of Directors; provided, further, that if any alterations or improvements are exclusively or substantially for the benefit of a small fraction of the unit owners who request the same, then the cost of such alterations or improvements shall be assessed against the unit owners benefitted in such proportion as the Board of Directors determine. Any unit owner, or their guest or assigns, who damages the commom areas or limited common areas, the unit owner will be responsible for the cost of the repair of said damage. 2. Unit Owners' Maintenance Resoonsibbly. Each unit owner shall be responsible for all maintenance and repair work within his unit, incl ddt but not limited to wiring, I RECEIVED 8 JUL 2 5 2019 JUN 0-6 Z019 MTY 600K PAGE 22-70 0737 fjfi3iiibitfg, cohdrtirtnin$ :+ice heating egtajpment, appliances, interior .wall and eeilinip surfdc ca:' floors, exterior doors, and windows. Each unit owner is' aced w47po sihile fbr k'eepjng all poi ts,. of the dffit in If clean and, safz c onli"on, flea of nuisance and for prompJtly complying with an: a revs of the comiiCod area—§. and faoiCt'tCds 1hen.so y requirements of the insurers requested by the Bt3aid or the 'tnattaer.h unit owner is tj>®r responsible for ray loss+ or da nnge to tlfea common arose and, facilitimocpsioned by his acts or by tlt-0 at of It W-lly, guests, employees or agents, provided; that if su sfi loss or damage is covered by.any insurance tisatntained by tli"ea antlon> tii proceeda,of the insurance shah be£used for siren Thalttte arrcez repair; or replacemetttand theunit a shad dilly bg required t© Payi tljeamountby which the i�sta t�fl tnatii et'�ttGe,i repaid, oI replacement exceed the insurance proceedsr itrclitdin� ally deductible, They unioowner's maintenaiee responsibility tt'iist i� esoref$eyl pr_rttnpxly, ii3 failure, . . ft3 undeiKake such inair3te5 nee and regasr would endanger or impair the value of the co utoon areas ands facilitiesi or the, other unitas Y. Association's: Right to Ikiepair. Should aj unit owner Edith to dimply with, th, mai ntenance and gepair responsibilities, the Associatiot, upon wn_en notice, to the unit owner, may�make the re mired re ait and assess the unit owner; for the expense. 4 Apniaval-of Payment -for Reoairs The;Board of Directors or the manager shall establish ,a mechanism for approving payment for the ezpeisses of maintaat iig, repait%ng and replacing the common area's and faddiiiee. ARTICLE CX; ASSESSMENTS pal__ a Board of Directors of the Assodiatioti shall establish a 1 annual LLbnd et fopee9 fisea g y._ p g This budget proposed g t ear 4 a Ivan os the annual mecdm shall ect all common ex _ . for the forthco n year required for the roper operation, management; and maintenance of the condominium pro eet, mdludmg a retyjM" allowance for dontingencies anda reserves, At [eft ten days prior to the annual meeting, copies of the proposed b,4dget .shall be delivered to each, member of the Association, together iyith tie proposed assessments against each unit. At"tlie annual mee>ng, the budget shall be submitted to the metnbersh for approysi. As approved; the: budget shall constitute they basis for all _..y . regularassessments• for common expenses against unit owners Should the Booard of Directors at any time determine, in its sole descretipn, that the assessments levied area ors may prove to 6e, insufl cient to pay the costs -of operadon and management -of the candoininlibn project, th Board of Directors shall have the authority to levy such additional assessments as may, be necessary, not to ex is fifteen percent (1510) increasejover the previous years assessment, without approval of the membership. Any, increase in' the annual assessments 9f greater than: fifteen per (l5%) shall require approval of the membership, 2. Qvital Imp civenie`nts. The Board of Du'eeti d the Association, in. establishing+ the annual budget for operation, management, and maintenance of the condominium, may, designate therein a sum tote collected and maintained as a reserve hind for" replacement of and CA" 'improuemenis to the; common areas and facilities, which, capital improvememi and; replacement fund (capital improvement fund) shall be sabjpet to the approval ofRffd F*ip g' JUN 0„6 2019 DCM WILMINGTON, NC. BOOK PAGE '?70 0738 at the annual meeting. The amount collected for the capital improvement fund shall be maintained in a separate account by the Association and shall be used only to make capital improvements to common areas and facilities. Any interest earned on monies in the capital improvement fund may, in the discretion of the Board of Directors, be expended for current operation and maintenance. Each initial purchaser of a unit will pay a working capital contribution equal to two (2) months unitowners association dues, at closing. 3. Apportionment of Assessments. Assessments shall be apportioned among the unit owners on the basis of their proportionate undivided interests in the common areas and facilities, as set forth in the Declaration. 4. Unit Owner's Interest in Assessment. All assessments collected by the Association shall be treated as the separate property of the Association, and such monies may he applied by the Association to the payment of any expense of operating and managing the condominium project. As monies for any assessment are paid unto the Association by any owner of a unit, the same may be co -mingled with monies paid to the Association by the other owners of units. No member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest in the monies collected by the Association, except as an appurtenance to his unit. When the owner of a unit ceases to he a member of the Association by reason of transfer of ownership of the unit, the Association shall not be required to account to the owner for any share of the funds or assets of the Association which may have been paid to the Association by such owner. 5. Time of Payment. Assessments shall be payable in annual, monthly or other installments, as determined by the Board of Directors. 6. Default. Assessments shall be in default if not paid within thirty (30) days of the due date. Delinquent assessments shall bear interest at the maximum permissible legal rate until paid and late fees assessed by the Association. Any unit owner in default shall be obligated to pay such interest and late fees, together with all costs of collecting such assessments, including reasonable attorney's fees. 7. Remedies for Default. If an assessment against a unit owner is not paid when due, the unpaid assessment shall constitute a lien against the unit and its appurtenant undivided interest in the common areas and facilities, which lien shall secure the unpaid assessment, and interest thereon, any expenses incurred in collecting the assessment, and any advances for taxes, and payments on account of superior mortgages, liens or encumbrances required to be advanced by the Association in order to preserve and protect its lien. This lien shall be enforceable from the time it is filed in the public records of New Hanover County, North Carolina in the manner provided by Article 8 of Chapter 44 of the North Carolina General Statutes. The lien maybe foreclosed in the manner provided by North Carolina General Statutes 47A-22 and, in any such foreclosure proceeding, the Association shall be entitled to collect a reasonable rental for the unit from the unit owner and to appoint a receiver to collect the sarne. in addition, and without waiving its right to foreclosure, the Association shall have the right to maintain a suit to recover unpaid assessment or to exercise any other remedies provided in these Bylaws and the Declaration. RECEIVED 'RECEIVED to JUL 2 5 Z019 JUN 0.6 2019 DCM-MHD CUM WILMINGTON, NC EO:IjK PAGE ?2Ttl (�739 S! Fes. 'Fhd Associatioh shall have tfie power tP 014 on the; unit at the foreclosure; sale] and to acquire and hold, lease, mortgage; and convey the same. If they Association becomes the owner of a unit by reaaoii of fq 1psure, it shall Offer said unit .for sale, At such time as, a sale i eonsuntmated, the Association sham deduct from the proceeds of said sale all sums of money due iCfor assessments ant, charges, the a "` _" iiwiffeti' in tflg`b. ingg ng s. of the f6rWId§ure siiic i oliadtng, reasti_ hro atwrzey's fees; fundsKnecessary to discharge any, liens or mortgages of record; and any and al, expenses incurred in the resale of the unit wliicli illiail incifidd, bff, tie fififfiTed toy, gvgrtlsiitg eat rises; real -;estate brokerage fees attd expenses necessary fdr the; repairing and refurnishing ,of the unit in question. All "surplus inOM0 remainiisg after deducting the foregoing itgins,of eapensp9, casts ftrtd other deductions shall be retu to, tfie formers oar of the subject unit, or paid to the: Clerk of Superior ,Court in accordance with the general trrortgage foreeft—ure IA*is of North Catalina;. 9. - Liability of Purchaser at IOSM Sal . when- the mortgagee of a first iortgage of record of oltter,piucliaser of a unit obtains dtto, the unit -as axesuk of foreclosure ofthe'A mt<mortgage, such purchaser, his•successors and -assigns, shall uorbe liable for the aha_te of common expenses or hs stnenta cTtarSeable to spelt unit Aici hecxme due prior to the acquisition of title to they unitby such purchaser. The unpaid share of thei comrtfon exjlei*es of assessments shall'be absorbed 'and plaid by the owners of ail the unl}s, including the purchaser, li successors and assigns„ as common expenses; on the basis of their proportionate interest in the common auras and facilities. 14. Liabik of Grantee imVoluntarry Conve Iwany voluntaq conveyance of al unit, the purchaser shall be jointly and severalij liable with the seller for, all .unpaid a`ssessmepis against the seller up to the time:of the grant -or conveyance,, without prejudice°to the purchaser's right to recover from the seller the amounts poi¢ by the j4rc6aser thercfgr;. 11. Noticenf Unpaid Assessments to Prospective Purchase,; Tenont' �* M ftagee. Whenever any, unit, ig leased; sold, air mQrtgagetl b, the owner thereof, the Board- of Directors of the manager, uponjwratteti request of tlic unit caner, shall furnish to -the proposed purchaser, tenant or mortgagee; a statement verifying the amount of ditpatd+assessments chargeable to the unit The purchaser, tenant or mortgagee may rely, upon such =statement in concluding the proposed purchase; lease or mortgage transaction, and thei Association shall be bound by such statement. A+ 12: Common Profits. If, in any year, there is An excess of assessments a�a ether income over common expenses, the excess (common .profits):shall, uwess.otherwise determined by thelBoard of Directors; be applied to payment of the next year's assessments BIttiINP*.11 FINANCES 4 Checks All checks and notes of the. Association shall be signed bythe Preside Vice President, Secretary dr' Treasuter or by such other persons; as the.,' Board of„ Direc designate. _ RECEIVED 11 JUN k62019 DCM WILMINGTON, NC._. 2, Depositoa. The Association shall deposit its moniTdpi�9uch bank or banks as the Board of Directors designate. 00 PAGE ARTICLE XI 2 2 7 0 0 7 y 0 RECORDS 1. Receipts and Expenditures. The Board of Directors or the manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities and any other expenses incurred. Both said book and the vouchers accrediting the entries thereupon shall be available for examination by all unit owners, their duly authorized agents and attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good and accepted accounting practices. 2. Other Records. The Board of Directors or the manager shall keep correct and complete books of records of account, minutes of the proceedings, and a record of the names and addresses of the members entitled to vote, which latter records must be kept at the Association's principal office. Any member, his agent or attorney may examine these books and records for any proper purpose at any reasonable time. 3. Inspection of Records. The Association shall snake available to unit owners, lenders, holders, insurers or guarantors of any first mortgage, current copies of the Declarations, Bylaws or other rules concerning the project and the books, records and financial statements of the Association. Available means available for inspection upon request during normal business hours and under reasonable circumstances. Furthermore, upon written notice, any holder of a first mortgage on any unit of the condominium project shall be entitled to a copy of the Association's financial statement for the immediately preceding fiscal year. 4. Request for Notice. Upon written request to the Association, any mortgage holder, insurer or guarantor will be entitled to timely written notice of (a) any condemnation or casualty loss that affects either a material portion of the project to the unit securing its mortgage, (b) any sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds the mortgage, (c) a lapse, cancellation or material modification of any insurance policies or fidelity bond maintained by the Association, (d) any proposed action that requires the consent of a specified percentage of mortgage holders. ARTICLE XII RULES AND REGULATIONS The Board of Directors shall have the right to enact administrative rules and regulations regarding the use of the common areas and facilities and conduct of the members and assess fines for infractions. RECEIVED RECEIVED 12 JUL 2 5 2019 JUN U.,6 2019 DCM-MHD CI'DCM WILMINGTON, NC 266K 2 2 770j, A&TICI:B XIH AMENDMENT , PACE 0741 These, ayliw& may Be amended at a duly called meetinguof the members, ,following an affirmative vote on the amendmenvby it amaldrmty of the Beard of=Dkegto Timms q tiffs ,qf the me�d6ets' mmedng small couwt a, fA statementof the proposed amendment. Amendments must be approvefty amrafftrmative vote of mmajority of, the of all Assgcmation� Mem6ersm votg►g �..v. @ )l0�!� or bj proxy. No am_ en _ent &bald become, operative until its has been set fortis in an amended declaration and duly recorded in -the office of the Register of Deeds 6f New I aEw--dr Conniy, No-O Cdfblin3 All, mputj owners s 11 be bound :to abt'de 6y any amendment upon the ame being passed and duly sev forth in mumnended--dez laradon, duly recorded. The foregoing were, adoptech as the Bylaws of -the THE PALMS UNITOWNERS ASSOCIATION, INC., a non-pr©flt eocporaddh under tfih Iaws of ttfe Statg ofNosth Corollas, _, a' the fiat meeting, of £he IQatd of T5irectorsa Cdrtifed to 49 O#itit t1w we jj2ZL day of OV 2vi 6 e r , 1997. N s RECEIVED '13` JUN Q.6'2019. DCM WILMINGTON, NC i It{I EXHIBIT .B BK: RB S213 llilloolI"Il Ill o4m 3 2019013179 xc rsasxeaa ��c'a 05-07:08 NEW sa..�y xo � WAM PM PI errxanam aY:6(EPHAtNE f+EAF1 gEnffilOi eP nEEIIa WATGH OEPIIIY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,414-00 Parcel Identifier No. R05715-002-012-M Verified by County on the — day of -20_ By: Mail/Box to: . This instrument was prepared by. Fuss lAw Fim PC without title 9MMinigim or certification Brief description for the Index: UNIT A. The Palms Condominium THIS DBBD made this f Cm day of 20M by and between Keith M. Beatty, unmarried 1120 Ullewaterf.ane Wilmington,NC29405 Shaun Kiviat 60 Pelican Drive #A Wrightsville Beach, NC28480 Esser in appropriate block for each Grantor and Grantee: name, meiliug address, and, if appropriate, character of entity, e.g. cotpomtion or partnership. The designation Grantor and Grantee as used herein shall include said parties, theubeim, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by cotxett. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receiptofwbich is hereby acknowledged, bas and by time presents does grant, bargain, sell and convey unto the Grunce in fee simple, all that certain lot, parcel of land or condominium unit situated in the,City of Wtlmmodon Township, New Hanover County, North Carolina and more particularly described as follows: BEING all of UnitA, The Palma Condominium as the same is shown on the plats thereof, recorded in Unit Ownership Book I Pages 114 to 115,New Hanover County Registry, reference to said map being hereby made for amore particular description. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2271 page 490 All or a portion of the property herein conveyed _ includes or X does not include the primary teaidenos of a Grantor. A map showing the above described property is recorded in Plat Book 1i page 114 Page I oft NC By A�&d. Farm Na 3 0 1976, Revised 01977, 2= 2013 nut s=dmd ream has bee approval by Priu2 by Agreement with the NC Bar Avadatiou-1981 •. - II Nmfi Cmdiva Bar A..Uiou-NC Bar Porn No.3 Return to: a....�9 Ind—QavraE�-S Pew RECEIVED RECEIVED JUN 0:6 2019 JUL 2 5 2019 DCM-MHD CITY DCM WILMINGTON, NC TO HAVEANI) TO HOLD the aforesaid lot orparcel ofland and allprivileges and appurtenances thereto belonging to the Grandee in fee simple And the Grantor covenants with the Orentee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee aimple, that title is marketable and free and elm of all encumbrances, and that Orantor will warrant and defend the title against the lawful claims of all persona whomsoever, other than the following exceptions: Restrictive covenants recorded in Book2270, Page 706,New Hanover County Registry. 2019 ad valorem taxes. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. / /' (SEAL) (Entity Name) - Frinnype Name: Keith M Beaux pnmartied PrintType Name & PmvType Name: By: Pritd/Pype Name & Title: Prinu ype Name: By,- (SEAL) . Print/Typo Name & Title: Print/Type Name: State of North Carolina-Countyof. Cityof New Hanover I, the undersigned Notary Public of the County car City of New Hanover and State aforesaid, certify that the purposes 9 -11, ZI ? ,Notary Public My Commission Expires: New Hanover Cc (Affix Seal) My C=n-dsslon Er State of North Carolina - Cow I, the undersigned Notary Public of execution of the foregoing instrument 20 . and Notarial stamp , yaa(r�c ry j""ff/S Notary's Printed orTyped Name State aforesaid, certify that afore me this day and acknowledged the due d Notarial stamp or seal this _ day of My Commission Expires; Notary Public (fix Seal) Notary's. Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of _ and State aforesaid, certify that personally came before me this day and adcrowledged that -he is the of. —a North Carolina or corporation/limited liability company/general patmership/limtted partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its tome an its behalf nits act and deed. Witness my hand'and Notarial stamp orseal, this —day of 20— My Commission Expires: (Affix Seal) Pag2af2' NC Ba<Associatt®Forrallo. 301976, Redaed.01977,2002,2013 rffitai by Asixmentwith the NC Bar Aaeodadon-1981 Notary Public Notary's Printed or Typed Name This staedardfrffiha bamaptawed by: North CmdivaBar Assadedon-NC BarF=No,3 RECEIVED JUN 0.6 2019 DCM WILMINGTON, NC 40ONTY.H �YSCHBEANew Hanover County Reoter of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 a WILMINGTON, NORTH CAROLINA 28401 Telephone 9I0.7984530 a Pax 910.798-7716 •a••.u•a.aaa......a...a.aaa.a....a+aa..ae.aa.r.a.aa... asr aa..au ua.a.a....u.....a...a...uaaa.a... uaaaa State of North Carolina, County of NEW HANOVER Filed For Registration: 05/06/2019 04:07:08 PM Book: RB 6213 Page: 541-543 3 PGS.$2,440.00 Real Property $26.00 Excise Tax$1,414.00 Recorder: STEPHANIE PEREZ Document No: 2019013179 DO NOT REMOVE! This =s ification sh t is a. vital Pant of y "000ded dogosent. Plesse "fain with osiginsl doauawnt and avhmit When "-segosdinq. RECEIVED RECEIVED JUL 2 5 2019 JUN 0.6 2019 DCM-MHD CITY DCM WILMINGTON, NC M IBIT C RB6213 �IIIB��n�I1011��Q01�n -65 DE 2 2019013181 NC FEE$MOD ,2019 NEW HANOVER COUNTY, No ':10 PM TAMMYTHEUSCH BEASLEY . EPHANIEPEREZ REGISIEROF DEEDS STATE OF NORTH CAROLINA . NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: WE HAVE NOT PROVIDED ANY TAX P DVICE IN CONNECT ON WITH THE PREPARATION OF THIS DEED WE HAVE PREPARED THIS INSTRUM NT USING THE LEG L DESCRIPTION PROVIDED AND HAVE NOT EXAMINED TITLE TO THIS PROPERTY AND, THEREFORE,; I XPRESS NO OPINION AS TO THE QUALITY OF THE TITLE OF THE PROPERTY CONVE ED HEREIN. WE DID NOT ACT ASSETTLEMENT AGENT INCONNECfI N WITH THE CONVEYANCE HEREIN DESCRIBED AND THEREFORE HAVE NOT AND WI NOT ISSUE TAX EPORTING DOCUMENTS. PREPARED BY AND RETURN TO: Richard T. "Chip" Rodgers, Jr. Parcel I.D. No.: R05715-002-012-002 The Rodgers Law Firm, PLLC 1213 Culbreth Drive Revenue Stamps: $0.00 Wilmington, NC 28405 THIS DEED made and entered into th KIVIAT, an unmarried man, 60 Pellca GRANTOR and said designation of th masculine, feminine or neuter as req SERIES, PO Box 1216, Wrightsville BE designation of the term GRANTEE as assigns, and shall include the singula the Ziday of I 2019, by and between SHAUN Drive, #B, Wrights ville deach, NC 28480, hereinafter referred to as tern GRANTOR is used herein shall Include the singular, plural, !red by the conte L and SKIV HOLDINGS, LLC, SERIES S. PELICAN B ch, NC 28480, hell inafter referred to as GRANTEE and said sed herein shall i(T lude said parties, their heirs, successor and plural, masculine,, feminine or neuter as required by the context. Drive — Unit B — Page 1 Warranty Deed RECEIVED JUN 0.6'2019 DCM WILMINGTON, NC The GRANTOR, for valuable consid hereby acknowledged, has and by GRANTEE in fee simple, all that cei Carolina and more particularly de: WITNESSETH: ion paid by the IMANTEE, the receipt and sufficiency of which is ,e presents does g nt, bargain, sell and convey unto the 10 lot or parcel of la d situated in New Hanover County, North ed as follows: BEING ALL OF UNIT B, THE P LMS CONDOMINIU S AS THE SAME IS SHOWN ON THE PLATS THEREOF, RECORDED N UNIT OWNERS4 BOOK 11 AT PAGES 114 TO 115, NEW HANOVER COUNTY REGISTR , REFERENCE TO W ICH IS MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TOTHEDECLARATI NOFUNIT OWNER HIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE P MS CONDOMINI MS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HA OVER COUNTY RE' ISTRY. (R05715-002-012-002) 60 PELICAN DRIVE, UNIT B WRIGHTSVILLE BEACH, NC 2 80 (oZ►3 The prop rty herein above described was acquired by G NTOR by instrument recorded in Book _ at Pagf the New Hanover Coun Registry. TO HAVE AND TO HOLD the aforesai lot or parcel of Ian together with all rights, privileges, easements, tenements and appurtenances there o belonging unto a GRANTEE in fee simple. And the GRANTOR covenants with th GRANTEE, that G NTOR is seized of the premises in fee simple, has the right to convey the same in a simple, that title i marketable and free and clear of all encumbrances, and that GRANTOR w II warrant and defe d the title against the lawful claims of all persons whomsoever except for the ceptions hereina r stated. Title to the property hereinabove des ribed is subject to he following exceptions: THIS PROPERTY IS SUBJECT TO AD VA OREM TAXES. THIS PROPERTY IS CONVEYED AND A EPTED SUBJECT T ALL EASEMENTS OF RECORD AFFECTING SAID PROPERTY. THIS PROPERTY IS CONVEYED AND A EPTED SUBJECT T THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL, ING, DEVELOPME , BUILDING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN D ES NOT INCLUDE T E PRIMARY RESIDENCE OF AT LEAST ONE OF THE GRANTOR(S) PURSUANT TO N.C. EN. STAT. 105-317 2. RECEIVED 60 Pelican rive — Unit B — Ge eral RiiGR\" Page 2of3 JUN 06 )019 JUL 2 5 2019 DCM WILMINGTON, NC DCM-MHD CITY IN WITNESS WHEREOF, the written. has hereunto sett ieir hand and seal the day and year first above (SEAL) cumu*d rowiwr I STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, Richard T. Rodgers, Jr., Notary Pub is of the county anq.State aforesaid,' certify that SHAUN KIVIAT, GRANTOR R personally appeared befor me this day and aJr knowledged the.execution of the foregoing instrument. Witness my hand and official stamp c r seal this-CW—�ayof AA4,-A .,2019. L N PUBLIC: OTA Richard T. Rodgers, Jr. (SEAL OR STAMP) My commission expires: 9/30/2023 LSCd mia3lonlExp1res o tem ber30,2023 I 60 Pelican )rive - Unit B - General warranty Deed Page 3 of 3 RECEIVED JUN Q 6 2019 DCM WILMINGT6 N, NC I THY THEYsCHB.EASLENew Hai, County Register of Deeds IZe 0 er of Deeds ; 320 CHESTNUT ST S 102 WILMINGTON, NORTH CAROLINA 28401 Tel 910.7984530 • Fax 910-799-7716eWSNda K T+Y a WL +�4 I a f#*�ii.+iR#tiff+R41####fi###f iftf tit#RR#f#fff#t#1fi#4f#�ff�tiiif#R#fi�#Y#ffi##t44##f##+#f##ifff##ikifi##iff# State of Nor Ca glaa, County of NEW HANOVER Filed For Regi tration: O5/06/2019. 04:07:10 PH Book: RBI Page: 549-55 j8 PGS $26;00 Real Pro�erty $26.00 coder: STEPHANIE PEREZ Doc No; 2019013181 i DC i ##+fit♦#+f.##tfaff##ff###ff##fwas###at#+# of##+ titfffffi##f:i##t+fr##kixixk�fx#xftft*#ff#ix#t##t##:ff�ff#ff#+t NOT REI6OVE This cartlfimation aheat -is a vital part of I orded dooumant. Pliarg' ratiin with original document an¢ submit 1A1ati re-raaordng. i RAC IVED }DECEIVED ' I ; JUL 25 2019 JUN 4..6 2019 I DCM-MID CITY DCM WILMINGTON, NC I EX I IBIT D BK: RIB 6213 �IIII��WI��I�����1lIIIII� FIG'557560 • I RECORDED: 2019013183 NG FEE$26.00 0&O6.2D19 NEW HANOVER COUNTY, NC . 04:07:12 PM TAHNY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTEROFDEEDS _ . DEPUTY STATE OF NORTH CAROLINA NORTH, CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: WE HAVE NOT PROVIDED ANY TAX ADVICE IN CONNECTION WITH THE PREPARATION OF THIS DEED WE HAVE PREPARED THIS INSTRUMENT USING THE LEGAL DESCRIPTION PROVIDED AND HAVE NOT EXAMINED TITLE TO THIS PROPERTY AND, THEREFORE, EXPRESS NO OPINION ASTO THE QUALITY OF THE TITLE OF THE PROPERTY CONVEYED HEREIN. WE DID NOT ACT AS SETTLEMENTAGENT IN CONNECTION WITH THE CONVEYANCE HEREIN DESCRIBED AND THEREFORE HAVE NOT AND WILL NOT ISSUE TAX REPORTING DOCUMENTS.' PREPARED BY AND RETURN TO: Richard T. "Chip" Rodgers, Jr. Parcel I.D. No.:. R05715-002-012-003 The Rodgers Law Firm, PLLC 1213 Culbreth Drive Revenue Stamps: $0.00 Wilmington, NC 284.05 THIS DEED made and entered into this the & rHday of M19-f. 2019, by and between SHAUN KIVIAT, an unmarried man, 60 Pelican Drive, #B, Wrightsville Beach, NC 29480, hereinafter referred to as GRANTOR and said designation of the term GRANTOR as used herein shall include the singular, plural, masculine, feminine or neuter as required by the context and SKIV HOLDINGS, LLC, SERIES 6. PELICAN C SERIES, PO Box 1216, Wrightsville Beach, NC 28480, hereinafter referred to as GRANTEE and said designation of the term GRANTEE as used herein shall include said parties, their heirs, successor and assigns, and shall include the singular, plural, masculine, feminine orneuter as required by the context. RECEIVED 60 Pelican Drive - Unit C-General Warranty Deed JUN Q 6 2019 Page 1 of 3 DCM WILMINGTON, NC WITIN ESSETH: The GRANTOR, for valuable consideration paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: BEING ALL OF UNIT C, THE PALMS CONDOMINIUMS AS THE SAME IS SHOWN ON THE PLATS THEREOF, RECORDED IN UNIT OWNERSHIP BOOK 11 AT PAGES 114 TO 115, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TO THE DECLARATION OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PALMS CONDOMINIUMS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HANOVER COUNTY REGISTRY. (R05715-002-012-003) 60 PELICAN DRIVE, UNIT C WRIGHTSVILLE BEACH, NC 28480 (pZ13 The pro erty herein above described was acquired by GRANTOR by instrument recorded in Book _ at Page�f the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land together with all rights, privileges, easements, tenements and appurtenances thereto belonging unto the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR 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 GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: THIS PROPERTY IS SUBJECTTO AD VALOREM TAXES, THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO ALL EASEMENTS OF RECORD AFFECTING SAID PROPERTY. THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL ZONING, DEVELOPMENT, BUILDING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF AT LEAST ONE OF THE GRANTOR(S) PURSUANT TO N.C. GEN. STAT. 105-317.2. RECEIVED RECEIVED 60Pelican Drive — Unit C— General W rfan�R"9 JON Q.61O19 Page 2 of 3 DCM-MHD CI;& WILMINGTON, NC y4. + IN WITNESS WHEREOF, the GRANTOR has hereunto set their hand and seallthe day and year first -above written. (SEAL) SHAUN KIVIAT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER j I, Richard T. Rodgers, Jr., Notary Public of the county and State aforesaid,Icertifythat SHAUN IOVIAT, GRANTOR personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal this 611+ day of IMI 2019. NOTARY k'BLIURIIard T. Rodgers, Jr. (SEAL OR STAMP) j My commission expires: 9/30/2023. i RICHARD T. RODGERS, JR Notary Public, North Carolina New Hanover County My Commission Expires Septeinber 30, 2023 RECEIVED 60Pelican Drive—UnitC—GeneralWarrantyDeed JUN 0,6'?019 Page 3 of 3 DCM WILMINGTON,_N_C _ TAhftIY'n1EVSCM BEASLEY New Hanover County RegisW of Dee& Register ' of Deeds 320 CHESTNUT ST SUM 102 - WMMINGTON, NORTH CAROLINA 28M Telephone 910-7984530 o Fax 910-798-7716 State of North Carolina, County of NEW HANOVER Filed For Registration: 05/06/2019 04:07:12 PM Book: RB 6213 Page: 557-560 4 PGS $26.00 Real Property $26.00 Recorder: STZPHANIE PEREZ Document No: 2010013193 DO NOT R]MOVE! This certification @host is a vital part of your recorded document. Please retain with original document and submit when ru-rscording- RECEIVED I RECEIVED JUN 0.6.119 IUL 2 5 2019 QrM DCM-MHD CITY EXHIBIT E CERTIFICATE OF FORMATION OF SlaV 11OLDINGS, LLC (A Delaware Limited Liability Company) EIEW. The name of the limited liability company is: SKIV HOLDINGS, UC Second*. Its registered office in the State'qf Delaware is located at 16192 Coastal Highway, Lewes, Delaware 1995.8., County of Sussex. The registered: agent in charge thereof is Harvard Business Services, Inc. ThirdrAe limited iiiibilityc'o.mponyisestablishc4 pursuant to Section 184f 5 6fthe Limited Liability.Company Actand may establish;separate and distinct series. ofraembers, managers; and interests, each. having separate -right& powers or duties with .respect to specified property or obligations of the. limited. liability company or profits .and losses associated with s0ecifiedprop&ty dtbbftg4tiohs. Tire debts,11abilides, o6iigatibhsatid.eo.emds.adwedcontracte(ifor'orotherwise . c cisting: wiih mpotto a particular- series -shall be enforceable against the assets of such series only, and not against the: assets of the limited liability company generally or any'othor series thereof, and -none of -the debts, liabilities, obligations and expenses inured; contracted or 6thdrwise existing with respect to the limited liability company generally or any other series thereof shall be efforceable against the assets ofauch.series. IN WITNESS WHEREOF, the undersigned, ' . being fully authorized to execute and file this document have signed below and executed this Certificate offonnation on this March 12,2019; Harvard Business Servico, Inc., Authorized Person By. Michael J. Bell, President RECEIVED JUN 0,6 20.19 DCM WILMINGTON, NC . SR Delaware Pagel The First State I, 7EFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SKIV HOLDINGS, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FOURTEENTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "SKIV HOLDINGS, LLC" WAS FORMED ON THE TWELFTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN ASSESSED TO DATE. �pnvw.e�a«c,e.a«.yxs+M... \\�� Yf f3*Q RECEIVED 7321560 8300 0 � ° cation:202444780 REC�`IE%E'� SR# 20191987166 5 2D19 Date:03-14-19 You may verify this certificate online at cor .delaware. ov authver.shtmi JUL 2 P 6 / JUN 0.6 ?019 DCM-MHD CITY DCM WILMINGTON, NC C STATEMENT OF AUTHORIZED PERSON IN LIEU OF ORGANIZATIONAL MEETING FOR SKIV HOLDINGS, LLC March 12, 2019 We, Harvard Business Services, Inc., the Authorized Person of SKIV HOLDINGS, LLC -- a Delaware Limited Liability Company -- hereby adopt the following resolution pursuant to Section 18-201 of the Delaware Limited Liability Company Act: Resolved: That the Certificate of Formation of SKIV HOLDINGS, LLC was filed with the Secretary of State of Delaware on March 12, 2019. Resolved: That on March 12, 2019 the following persons were appointed as the initial Managing Members of the Limited Liability Company until their successors are elected and qualify: Sbaun Kiviat Resolved: That the undersigned signatory Hereby resigns as the authorized person of the above named Limited Liability Company. This resolution shall be filed in the minute book of the company. Harvard Business Services, Inc., Authorized Person By: Michael J. Bell, President *** This document is not part ofthe-public record. Keep it in a safe place. *** RECEIVED JUN 0,6 ?019 DCM WILMINGTON; NG=— r e7 _1A 0� Processing Notes IAPPlicant: LowetI �Ljw1 au r EndPN/Comment Deadline:-+pOtiCA 75 day deadline: 30 Day Comment Period: on hold: off hold: 150 day deadline: 1 Dln� aUt b'G%c [ �o Gi,t S u�l C S d v✓r�h, .crfL�i� pl< I'1QUXU hl Wpcf o 4U tkz- FR W. VPWVI K-"Ak— Lm-AA-vt.A- f w nth k4g-j b,k+ OwKzKwv p o n 6t S Sl S ola crG Owh,t,Y_ � � ev►n.a-i (— ��-}� 'ram �fzt�.t 5�� �1vi a� G,S � % aw r�,rL, �o-��,-, IR.a P�Li �- I%►'�e ���-�r✓1w1��-.,i��-, Ytv► v�v"ed I�:clvt �j � "•�.•.J�c`L�-. yptU.twbt 11.1N1�= 1vY .�-y'n,W�Q.R'fS Issued: - t e RECEIVED JUL 2 5 2019 DCM-MHD CITY K Gl Spears, Courtney From: Goebel, Christine A Sent: Thursday, July 18, 2019 2:31 PM To: Spears, Courtney Cc: Davis, Braxton C; Wilson, Debra Subject: RE: Lowell Zimmer project issues Hi Courtney - I've had time to look at the ownership of 60 Pelican Drive in WB per your request below. 60 Pelican is the adjacent riparian owner to Mr. Zimmer at 62 Pelican, and we're checking on ownership to make sure the right person at 60 Pelican waived the 15' riparian setback. This is a 3 unit condo complex (A,B,C) plus the Palms Unit Owners' Association which owns the common area property (basically everything not an inside unit), so there are 4 tax parcel numbers associated with the lot. On the New Hanover GIS, it pulls the PUOA parcel number (R05715-002-000) but you have to go to the tax office page to search for the unit owners by address (when you search 90 Pelican, the 4 parcels are listed). From that list, you can click on each account, and from that screen, can click on the "sales" tab on the right to see the sales history. Over the course of May 2019, each of the three units was transferred to Shaun Kivat (A from Beatty; B from Bostrom; C from Cook), and right after, units B and C were transferred to SKIV Holdings, LLC (a Delaware LLC). Per the NC SOS Website, fife•///C•/Users/caaoebel/Downloads/ib 50815700 c3baOf41c70a4d8da5eOa00cba29f841.pdf This DE LLC has to file with the NC SOS if it holds real property in NC. This form indicates that the registered agent is Mr. Kiviat and he is also the Manager of the LLC (only one). Additionally, the mortgage document (Deed of Trust) recorded after all the related deeds has Mr. Kiviat signing as himself for all 3 units, plus him as Manager of the LLC for B and C on the loan doc. Since this is a condo and the riparian common area is what's riparian, usually we would need sign -off from the Palms UOA as the owner of the land for the 15' waiver, but in this case, since he owns/controls all three units (and that ownership is what controls for the PUOA), I'm comfortable with him signing off (technically he should be signing off on behalf of the PDA entity). Finally- I'm no handwriting expert, but the sign off on the adjacent riparian form and on the deeds, etc. I looked at are similar. So- I would suggest that the riparian waiver document (pdf p. 2) is sufficient and signed by the right person to waive the 15' riparian setback. Please let me know if you have any questions - Christy From: Spears, Courtney Sent: Monday, July 8, 2019 11:35 AM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Subject: Lowell Zimmer project issues RECEIVED Hi Christy, JUL 2 5 2019 DrCM-MHD CITY Just wanted to give you some background before I call you on this project. Lowell Zimmer, of 62 Pelican Dr., Wrightsville Beach, proposed to reconfigure/expand his existing dock.and encroach into the riparian area of his neighbor at 64 Pelican (Scott Griffin). When Mr. Zimmer originally submitted in January 2019, his proof of notification to the neighbor at 60 Pelican was returned undeliverable, and he sent it to the address listed with NH Co. GIS. I'm not sure what communication there was between the field rep (Debbie) and the applicant, but Mr. Zimmer called sometime in May or June asking about the status of the application. The application was never accepted as complete because there was no green card for 60 Pelican. So, in May or June, it turns out that both neighboring properties had sold. 64 Pelican is now owned by PDM Equity, LLC (Paul Mills) who did not wish to waive and 60 Pelican (apparently) sold to SKIV Holdings LLC (Shaun Kiviat). Mr. Kiviat is willing to waive, so they moved the encroaching left from the 64 Pelican side to the 60 Pelican side. NH Co. GIS still shows Palm Unitowners as the owners of 60 Pelican, not SKIV Holdings, LLC. Ed Flynn submitted some documentation (attached) showing SKIV Holdings LLC (managed by Shaun Kiviat) is the owner of 60 Pelican, but I was hoping you could take a look because it's not something I've seen before and I want to make sure we are covered in the even there is an appeal. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears(ncdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 DIVISION OF COASTAL MANAGEMENT U ` -1 1 APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Lowell Zimmer c,10 Ed Flynn PROJECT NAME: Zimmer Docking Facility COUNTY: New Hanover LOCATION OF PROJECT: 62 PeUcan Drive, Adj to Lee's Cuy Wrightwl k Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-14-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Wilson DISTRICT OFFICE: WILMINGTON �7 DISTRICT MANAGER REVIEW: �Y " ?� B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE RECD: 6-19-19 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 8-28-19 MOLDS: MAIL OUT DATE: 6-17-19 PERMIT FINAL ACTION: ISSUE 11 DENY FEE RECD: $250#7614 END OF NOTICE DATE: 7-10-19 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 7-10-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM-Field Rep 1 Local Permit Officer DCM .j DCM - LUP Consistency Determination �5 Rural Development Division DEMLR - Stormwater & Sed/Erosion ( X DWR-401 DOA — State Property Office -1-Ie I l,,� soil — OMIT — DW — Shellfish Section NCDOT DMF — Habitat & Enhancement DWR—Public Water Supply USACE—Regulatory DNCR — Archives & History DNCR—NaturalHeritage Program L X RECEIVEQ��j ARC — Wildlife Resources Commission / K JUL Z a JU19 DCM-mi c CITY ROY COOPER r/oonn"r MICHAEL S. REGAN Spy NORTH CAROLINA Enwronnanital Qowhij• June 14, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.soears .ncdenr.00v SUBJECT: CAMA Application Review Applicant: Lowell Zimmer BRAXTON DAVIS !AwcMr, lkvlaka, er('�atund AiMnlglMls'!!I Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by JKWO, 2019. If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. * Additional comments may be attached" !// This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments, Stale of Noah Carolina I Enwomseulal Quality I Coastal Managenent 127 Cardinal Drive Eat., Wilmington, NC 2&105 919 796 7215 RECEIVED DCM WILMINGTON, NC JUN 2 12019 RECEIVED JUL 2 5 2019 Drr,".P OrN ^ITy MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District PlannePnowell Subject: Consistency Determination, Major Permit Applicati Zimmer, Wrightsville Beach — New Hanover County Date: July 15, 2019 The applicant proposes to install a new pier, gazebo, two floating docks and a boatlift. The project is located at 62 Pelican Drive in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Wrightsville Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation/Resource Protection. In general, the Town of Wrightsville Beach allows development in Conservation/Resource Protection classified AECs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies are applicable to this project. This project is consistent with the Town of Wrightsville Beach Land Use Plan. Cc: File RECEIVED JUL 2 5 2019 DCp4. nsur-, ^1rY RECEIVED .IUL 15 2019 cc�i W11 nA-±NGTON, ":� ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS June 14, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) cou rtnev. s pea rsno. ncde n r. gov SUBJECT: CAMA Application Review Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Courtney Spears at the address above by . If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ® M a r k, ze,,� I C,-- i NL b �hf, (a /K rbj,t,"('t- RECEIVED JUL 2 5 2019 DCM-MHD CITY RECEIVED JUL 0 1 2019 DCM WILMINGTON, NC State of North Carolina I Environmental Quality J Coastal Management 127 Cardinal [hive Ext., Wilmington, NC 28405 919 7967215 W� ROY COOPER (nnvmar MICHAEL S. REGAN �e�om NORTH CAROLINA Environmenwi Qualm June 14.2019 MEMORANDUM. FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC'28405 Fax:910-395-3964 (Courier04-16-33) courtnev. soearsancdenr.pov SUBJECT: CAMA Application Review BRAXTON DAVIS Dirennr, llrvArirm rJ ('lwRUl Marw,�>rmern Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by . If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "'Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Dan Sams zb.w". on June17 2019 Stare of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NC 29405 919 796 7215 RECEIVED !UN 17 2019 DCM WILMINGTON, NC RECEIVED JUL 2 5 2019 to+tr' PITY DocuSign Envelope ID: SDEE815F-25CC-4C73-9571-BCEE3ED4644F L_ ROY COOPER (Imemar MICHAEL S. REGAN 5re,t�a NORTH CAROLINA Environmental Oualin- June 14,2019 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(o)ncdenr. eov SUBJECT: CAMA Application Review BRAXTON DAVIS Uircemq lNvLrim nl C'�arm( .Mormgemenr Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lees Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the roposed roject and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. - Chad - DWR L lD,ocu/sptw/t/a,•Ey: 2 7/18/2019 State of North Carolina I Environmental Quality [ Coastal Management 127 Cardinal Dnvc Ext., Wilmington, NC 29405 919 796 7215 RECEIVED JUL 18 P01g CC.a.! WI! MINGTON K''- REdEIVF_D JUL 2 5 2019 -- _ Dn44_1/dJR NORTH CAROLINA Environmental Qualin June 14,2019 MEMORANDUM ROY COOPER irmmnr MICHAEL S. REGAN 4uerarp BRAXTON DAVIS D4vcmo Div .... m,y Cwvm/ Afanagemew FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soears(Mir cdenr.Qov SUBJECT: CAMA Application Review Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Courtney Spears at the address above by � If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "`Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments - Shannon Jenkins NC DMF - Shellfish Sanitation 7/5/19 for Shannon Jenkins RECEJVED JUL 2 5 2019 DCM-MHD CITY RECEIVED JUL 0 8 2019 DCM WILMINGTON, CSC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est, Wilmington, NC 28405 919 7% 7215 I w ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS June 14, 2019 T MEMORANDUM:., 17 ` u t. ,' " : FROM: Courtney Spears, Assistant Major Permits Coordinator lfla►gr NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28406 Fax:910-395-3964 (Courier04-16-33) courtnev.spearsAncdenr.00v 0- *cc v SUBJECT: CAMA Application Review sr" w xie: Applicant: "I#t Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 10, 2019. if you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** s This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. t`y V14W This agency objects to the project for reasons described in the attached comments. RECEIVED rm-e I AGEN(S SIGNATURE DATE JUL 2 5 2019 DCM—MHD CITY RECEIVED 1U1. 09 2U19 DCM WILWNGTON, ";C State of North Carolina Emv oral Quality: coastal Alanag loo l 127 Cardinal Drive En. Wilmington, NC 29405 919 796 7215 JA,VP ROY COOPER o,„"' MICHAEL S. REGAN NCR rH CAROUNA nenrrn n.; h. un6r. June 14,2019 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev spears( ncdenr.00v SUBJECT. CAMA Application Review BRAXTON DAVIS ITrv.ux, Ibcr,orm rt/r 1xrrral bHrrxgmmon Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the ro sed roject and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: %� This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ® P Eq - Pub N. (bk/ kwily RECEIVED JUL 2 5 2019 RECEIVED aN"MHD CITY JUN 21 2019 MP SECTION WIRO Sum ofNmnh Carolina Enironmenml Qoaliry Consul Management 127 Cardinal Dace Ea., Wilmington, NC 28405 919 7%7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 26, 2019 Regulatory Division Action ID No. SAW-2019-01105, General Permit No. 197800056 Mr. Lowell Zimmer 111 Princess Street Wilmington, North Carolina 28401 Dear Mr. Zimmer: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to Applicant proposes to remove the existing pier and install a new 6' by 50' fixed pier, a 14' by 22' Gazebo, and add two 6' by 24' floating docks and a 15' by 14' boatlift at 62 Pelican Drive, in Wrightsville Beach, New Hanover County, North Carolina. Coordinates are: 34.217947 N,-77.802594 W. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: All work authorized by this permit must be performed in strict compliance with the submitted plans received on 14 June, 2019, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for your cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170. RECEIVED RECEIVED Sincerely, 2019.06.28 JUL 2 5 2019 JUN 2 S 2019 " �" �-1706:10-04'00' i/ DCM-MHD CITY DCM WILMINGTON, NG Tyler Crumbley Project Manager Wilmington Regulatory Field Office -2- Enclosure: GP 56 conditions Copy Furnished: Mr. Ed Flynn F&S Marine Construction P.O. Box 868 Wrightsville Beach, NC 28480 Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Ms. Debbie Wilson NCDEQ/DCM; Ms. Courtney Spears NCDEQ/DWR; Mr. Chad Coburn NCDEQ/DWR; Ms. Karen Higgins I T4 Received: 06/17/2019 State Historic Preservation offk t -OOPER 1141RT11( MICHAEL S. REGAN Yavrun BRAXTON DAVIS Direrur IArtruw of Clmnu ER 19-1956 June 14,2019 MEMORANDUM' Due -- 7/2t19 FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management A- t� 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnay.soear�� 1(�jcdenr.aov SUBJECT-. CAMA Application Review Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adi. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by JWY If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office 1 SIGNATURE i 11 • DATE 141 I smre9et�aca9tiot C Gmwnma1661 rcaolu Mil 127 CE1f1itldl tkrveF>h,Was�On.T11.291W 919"67215 RECEIVED JUL 12 2W9 MP SECTION WIRO RECEIVED JUL 2 5 r' JUN 1 8 2818 nrwiIANrj y M^ U NORTH CAROLINA Environmental Quadry, June 14, 2019 MEMORANDUM: ROY COOPER Govenmr MICHAEL S. REGAN secrerary FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soearsOncdenr.aov SUBJECT: CAMA Application Review BRAXTON DAVIS Dnetror, Dry vion of'Coanal Management Applicant: Lowell Zimmer Project Location: 62 Pelican Drive, adj. to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Courtney Spears at the address above by � If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: _XXX_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: Rodney Butler AGENCY: NC Natural Heritage Program SIGNATURE: R.A.B. DATE: 6/25/2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9I9 796 7215 RECEIVED JUL 0 3 2019 Del .^ WILMINGTON, NC RECEIVED IU17 9.5 2019 Milli-A46 i ITY VA( ROY COOPER (%(/VktiK,l MICHAEL S. REGAN ,e W BRAXTON DAVIS thrcpnr. lfmiyi,m rN L'rYbMl Ifinwpm,eenr June 14, 2019 MEMORANDUM_ FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 25405 Fax: 910-395-3964 (Courier 04.16-33) courtney.spearsoncdenr.gov SUBJECT CAMA Application Review Applicant: Loweli Zimmer Project Location: 62 Pelican Drive, ad). to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: construction of a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 10, 2019. It you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAMEyj(yl0. 7 ' ),vn n AGENCY N WRC SIGNATURE DATE -4-5-i0 RECEIVED JUL 0 5 2019 MP SECTION WIRO RECEIVED JUL 2 5 2019 smeorNonh Carolina i Envi=e taiQuelityi C."Mmege t DCM-MHD CITY 127 Ca ml Rive En., Wilm®9t� NC 28405 919 796 7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Lee's Cut Fee: $257614 CDAITS _ MHC cc Applicant: Zimmer, Lowell Agent/Contractor: F & S Marine Contractors Project Site County: New Hanover Staff: Debbie Wilson District: tMlmington Project Name: Zimmer Docking Facility Rover File: We River Basi � O Initial date of application submittal: 1-29-19 Date application "received as complete" in the Field office: Permit Authorization: A ❑ Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes PNA: Yes o Photos Taken: Yes ❑ No Setback Required (riparian): Yes No Critical Habitat: Yes No LJNot Sure 15 foot waiver obtained: 15kYes ❑No Hazard N tification Returned: []Yes Ao SAV: []Yes o []Not Sure Shell Bottom: []Yes XNo ❑ Not Temporary Impacts: ❑Yes KNo Sure Sandbags: ❑Yes figt4o ❑ Not Sure Did the land use cla sification come from LUPs []No Mitigation Required (optional): []Yes Alo county Moratorium Conditions: Environmental ssessmenf Done: Length of Shoreline: []Yes []No IJ�NA ❑Yes ❑N90kA � L/) FT s Shellfish Area Desi ,on: Project Dgscription: (code) Development Area: (code) Open -or- P Q - Ql� ogcle Q SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 4144 can be applied - $400 REECERIED ❑ Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 Yf I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQagreement -$400 DCM-MHD CITY Zimmer, Lowell Date: 1-29-19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name - Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ ❑ Y ❑ N s New Wo Replace r 6 _ Maint ❑ ❑ Y ❑ N New Work, Replace Maint ❑ ❑ Y ❑ N U 7 `I New Worl Z Replace Maint ❑ ❑ Y ❑ N 22 _ New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace - Maint ❑ ❑ Y ❑ N New work❑ I Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount O t� Dredge ❑ Fill ❑ Both ❑ Other G �j 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 ❑ .. 919-733-2293 :: 1-888.4RCOAST :: www.nccoastaimanaaement.net revised: 02/26118 Major Permit Fee Schedule Project Name: County: /Yee✓ Al-e)VP/Z Check No & Amount 7(46Y DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development i that does not involve the filling or U" excavation of any wetlands or open water i areas: 250 100% ($250) 0% ($0) It. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. for development that involves the fling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff etermined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) 111(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) RECEIVED JUN 2 5 2019 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 2/4/2019 F and S Marine Lowell Zimmer PNCBank 7614 $250.00 major fee, 62 Pelican Drive, DW rct.- Contractors Inc Wrightsville Beach NHCo ❑ 589 y NO Split W p W 7:D U RECOMMENDATIONS FOR Lowell Zimmer 6/14/2019 The total area of shaded impacts to the docking facility was calculated as follows: Shoreline Length 60' x 8' = 480 ft2 Allowable Proposed 6' x 24' Floating dock = 144 ft2 (one floating dock not counted due to alignment) Proposed 22' x 14' Covered Platform = 308 ft2 Total = 452 ft2 As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas, as set forth in 15A NCAC 07H .0208 (b)(6). This office has no objection to the proposed work, provided that it is consistent with all other local, state, and federal permitting requirements. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard docking facility development. RECEIVED JUN 2 5 2019 DCM-MHD CITY 0 NORTH CA MUNA bniran..... t!uaAn June 14, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Lowell Zimmer / New Hanover County ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Hello Angie: Please publish the attached Notice in the Wednesday, June 19, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7427. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. ipport & Customer Assistance cc: MHC file Courtney Spears - WiRO Tyler Crumbley - USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 RECEIVED JUN 2 5 Z019 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 14, 2019, Lowell Zimmer proposed to install a new private docking facility at 62 Pelican Drive, adjacent to Lee's Cut, Wrightsville Beach in New Hanover County. A copy of the application can be examined or copied at the office of Debbie Wilson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 10, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUN 2 5 2019 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lowell Zimmer c/o Ed Flynn 2. LOCATION OF PROJECT SITE: 62 Pelican Dr, adjacent to Lee's Cut, Wrightsville Beach, New Hanover Co. PHOTO INDEX: 2006; 24-7411, U-V, 22-23 LATITUDE: 34'13.04'61"N LONGITUDE: 77'48.09'34" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: 6. 7 8. PROCESSING PROCEDURE Date of Site Visit: March 6, 2019 Applicant/Agent Present: NO Application Received: January 29, 2019 Application Completed: June 14, 2019 Office: Wilmington SITE DESCRIPTION: (A) Local Land Use Plan: Town of Wrightsville Beach Land Classification From LUP: Conservation (B) AEC(s) Involved: F,W & PTA Water Dependent: YES (C) Intended Use: Private Residential Docking Facility (D) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (E) Type of Structures: Existing — Single-family residence under construction, bulkhead and private residential docking facility Planned — New pier, gazebo, 2 floating docks and boatlift (F) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A N/A 3,612 sq. ft. (INCORPORATED) (D) Total Area Disturbed: 3,612 sq. ft. (0.08 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SB Open: NO PROJECT SUMMARY: The applicant is proposing to install a new pier, gazebo, 2 floating docks and boatlift. RECEIVED JUN 2 5 2019 DCM-MHD CITY Zimmer Page 2 9. PROJECT DESCRIPTION The project site is located at 62 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take US Hwy 74/76 to Wrightsville Beach. Travel across the drawbridge and turn left onto W Salisbury Street and travel approx. 0.26 miles to the 21 cut thru on the left and then take a right onto Pelican Drive. Travel approx. 0.08 miles and 62 Pelican Drive will be on the left. The project site is approximately 0.18 acres in size with approximately 60 lineal feet of shoreline which is stabilized with a bulkhead. The elevation averages approximately 6' above normal high water (NHW). A new single-family residence is currently under construction and upland vegetation consists of sparse lawn grasses and ornamental landscaping. Waterward of the bulkhead is an area of Coastal Wetlands, measuring approximately 15' to 18' in width consisting primarily of Smooth Cordgrass (Spartina alterniora) which extends the entire length of the shoreline. An existing access pier, measuring approximately 33' in length by 6' in width extends waterward from the existing bulkhead and terminates into a 16' by 16' fixed "L head" platform. Extending from the north side of the platform is an existing ramp which connects to a floating dock measuring approx. 33' in length by 6' in width and extends perpendicular to the shoreline. There are also 4 existing tie pilings, 2 on each side of the floating dock. Based on aerial photography, it appears there has been a docking facility at this location since 1993, however, no permit history could be located. The Wrightsville Beach CAMA Land Use Plan classifies the area as Conservation. There are no known archaeological sites located within the immediate vicinity of the proposed project. The waters of Lee's Cut are classified as SB by the NC Division of Water Resources (DWR). The area is Not designated as a Primary Nursery Area by the NC Division of Marine Fisheries (DMF), and they are Closed for the harvesting of shellfish. 10. PROPOSED PROJECT The applicant is proposing to install a new pier, gazebo, 2 floating docks and boatlift. The application states the existing docking facility would be removed. As proposed, a new pier measuring approx. 50' in length by 6' in width would extend from the existing bulkhead and would connect to a new 14' by 22' covered fixed platform creating an "L head" configuration and would be centrally located along the shoreline. Extending from the terminal end of the pier would be an access ramp leading to a 24' by 6' floating dock extending perpendicular to the shoreline. As proposed, a 2' 24' by 6' floating dock would extend perpendicular to the shoreline via access ramp from the northeast side of the proposed covered platform. Located on the east side of the floating dock would be a new 15' by 14' boatlift. According to the application, water depth in the vicinity of the proposed boatlift and floating docks is approximately -6' @ (NLW). The structures would extend approximately 86 feet into a waterbody that averages approximately 368 feet across at this location, however, they would not extend beyond Town of Wrightsville Beach's established pier -head line. As proposed, the docking facility would provide dockage for a total of four (4) vessels. As proposed, the boatlift would encroach into the adjacent 15' riparian corridor setback area to the east however, a signed waiver has been obtained from that neighbor. 11. ANTICIPATED IMPACTS As proposed, the new docking facility would incorporate approximately 3,612 sq. ft. of Public Trust Area and Estuarine Waters at this location. The proposed structures would be located within the applicant's riparian corridor and the proposed boadift would encroach into the adjacent 15' riparian corridor setback to the east however, a waiver has been obtained. The structures would extend approximately 86 feet into the waterbody averages approximately 368 feet across in this location. This distance does not conform to the'/4 width rule however, it would not exceed the Town of Wrightsville Beach's established pier -head line and would not extend beyond the existing facility's footprint. Minor increases in turbidity should be expected during construction. RECEIVED Submitted by: Debra Wilson Date: June 14, 2019 Office: Wilmington JUN 2 5 Z019 DCM-MHD CITY F & 5 Marine Contractors, Inc. • :.: Wrightsville Beach, N.C. 28480 Phone/Fax : 910-256-3062 28 January 2019 NCDEQ Wilmington, N. C. Capt. Ed Flynn Durwood Sykes Email : efly@msn.com The enclosed CAMA Major Permit application for Mr. Lowell Zimmer, 62 Pelican Dr., Wrightsville Beach, N. C. 28480 is to install a new pier, gazebo and docking facility for his single family residence. It includes a fixed pier walkway, covered gazebo, two floating docks and one boatlift. The old existing dock will be removed. There are a total of four boat slips proposed. RECEIVED JUN 2 5 2019 DC"-MHD CITY Complete Marine Construction Service for Over 42 years Piers — Bulkheads — Floating Docks — Boatlifts — Pilings — Repairs OCM 1110-1 APPLICATION for Major Development Permit (last revised 12,27,06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner M(ormadon Business Name Project Name (if applicable) Applicant 1: First Name � 0 L4 / 1 MI Last Name 2A M �YL Applicant 2: First Name MI Last Name!^/ ff additional applicants, please attach an additional page(s) with names listed. Marling Address I ,Dl� cans 57 PO Box city Odillo&-W,, State 1 Nit, Zip ;910) Country a Phone No. D -6 6 -tv a FAX No. - - Street Address (d different from above) City State ZIP Email o el Zimm C ez4c, cow 2. AgentfContractor Information Business Name Agent/ Contractor 1: First Name Ld Mt lest Name Agent/ Contractor 2: First Name MI Last Name Mating Address PO BOX 866 City /r,sv I,�/rGrl �Ic, ZIP Z S y8o Phone No. 1 /v -a5' 3v� ext. Phone No. 2 WCL FAX No 4l�-asb��o�z Contractor # Street Address (If dfferent from above) city State ZIP Email At,- LL ✓h54, um) RECEIVED RECEIVED <Form continues on back> DCM WILMINGTON, NC -"C, U A5, r DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can balmultiple) �olt'1L Street Address State Rd. # L /t�Nama j lttb�'�l�l� State m� �p;9y86 Phone No. -1 Lot No.(s) ff many, attach additional page with list) y 10 - � -30 64- -0*141L Lot C% 'irlimpl Ante a In which NC river basin is the project located? b. Name of body of nearest to proposed proje ct Cm?� Fi-> 4..,1, Ca n Is TINfural water body identified in (b) above, natural or manmade? ❑Manmade ❑Unlinovn d. Name the dosest major water body to the proposed project site. 15L oi'� e. Is osed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit Me proposed ym ❑ No work fees wi hm. 4. Site Description a Total length of shoreline on the tract (R.) b. size d entire tract (sq.fL) 01911%1 sP,F, c Sae of individual lolls) i J 66 X t d. Approximate elevation of tract above NNW (normal high wader) or NWL (normal water leveo J / ❑NHW (#many lot sizes, please such add#ionalpage with a list) o 4/NWL e. Vegetation on tract /Aowa f. Man-made features and uses now on tract sA td�y1n� g. Identify and describe the existing land uses adjacent to the proposed project site. �L3(lJe"dtl I}rI h. Now does local government zone the bast? project consistent with the applicable zoning? i. Is;esz;ONg,' i inompliance certificate, if appli de) ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? oyes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yee rlo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it Involve a Dyes VNo DNA National Register listed or eligible property? <Form continues on next page> RECEIVED RECEIVED DCM WILMINGTON, NC JAN 2 9 2019 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are mere wetlands on the she? Ves []No (ii) Are mere coastal wetlands on the site? ❑No (hi) If yes to either (i) or (ii) above, has a delineation been conducted? � //" Yes ❑No tbC 11"M 114i (Attach documentation, if available) ilbwAi lildv= n. Describe existing wastewater treatment facilities. nn JLUEK o. Describe existing drinking water supply source. P. Descrfbe existing storm water management or treatment systems. AI s S. Activities and Impacts a Will the project be for commercial, pudic, or private use? ❑ mercial Public/Government rivatwatim aMb b. Give a brief description of purpose, use, and daily operations of the project when complete. _I d"L) 61 �vw SdNG�13 Y/Nril7 ���srn�)u,J c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activitles you propose. )�ii s/7r11 new fi dv IIItn w,W 4(1 02D) fkv RZJ44�/nG AAL4 di-V PI.Jundr-ir e. Are the proposed activities maintenance of an existing project, new work, or both? �A4 y/ kltl f. What is the approximate total disturbed lend area resulting from the proposed project? v❑Sq.Ft or ❑Acres -- g. Wig the proposed project encroach on any public easement, pudic aceessway or other area ❑Yes Oft ❑NA that the pudic has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. /VoM� I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑ NA If yes, wig this discharged water be of the same salinity as the receiving water? Dyes ❑ ❑NA J. Is mere any mitigation proposed? ❑Yes UNo ❑NA If yes, attach a mitigation proposal. t D DCM WILMINGTON, NC <Form continues on back> RECEIVED JAN 2 9 2019 DCM-MHD CIT'v Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Roir GQ( In Phone No. Address Gy Oc"&-1 G/�tsdf3 i3� NILr � Name, %-Zfl/ All Phone Na Z,0 ool—VO.3 Address /lio ul�bulMlla �I aa4iZi.,, Nac. -zegbr Phone No. g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. h. Signed consWlant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), d necessary. If the project involves expenditure of pudic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further cely that the information provided in this application is truthful to the best o my knowledge. Date o?f3 Jlpt %til9 PdMName RECEIVED Signature JUN 2 5 2019 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑VCM MP-3 Upland Development CM MP-4 Structures Information DCM-MHO CITY RECEIVED DCM WILMINGTON, NC JAN 2 9 2019 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) is the docking facilitytmarina: J drivatel b. (!)Will the faci i, be open to the general public? ❑Commercial ❑Publtr/Goverrtment ienenwety ❑Yes c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? Yes []No (it) Number / (ill) Length If yes: (k) Number (iv) Width r 9—IL7 (ill) Length (v) Floating ❑Yes (Iv) Width (v) Floating es ❑ '"� e. (i) Are Platform included? Yes ❑No f. (1) Are Boadifts included? es ❑No If yes: (II) Number If yes: (li) Number ' (il) Length tv (rk) Length (iv) Width (iv) Width (v) Floating ❑Yes No Note: Roofed areas are calculated from dripfine dimensions. g. (i) slips proposed h. Check all the types of services to be provided. A—fom/ ❑ Full service, including travel lift and/or red, repair or (it) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: D/yy storage; number of boats: _ �❑ IJ ybat temple); number of boat ramps: _ [170ther, please describe: IVA: i. Check the proposed type of siting: I. Describe the typical boats to be served (e.g., open runabout, ❑ d cut and access channel charter boats, sail boats, m� types). ❑ water; dredging for basin and/or channel :yl j7ueMStxe 1 pen water; no dredging requiredRECEIVED ❑Other; pease describe: JUN 2 5 2019 k. Typical boat length: dlthe fsc' eo opentothegeneralpublic?DCM-MHDCITY � I. (i)W M. (i) Will the f dity have tie pilings? ❑Yes ❑Yes No RECEIVED (11) If yes number of tie pilings? DCM WILMINGTON, NC JAN 2 9 2019 Form DCM MP-4 (structures, Page 2 of 4, 2 DOCKING FACILITY/MARINA OPERATIONS / ®"l 0 This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (li) Give the location and number of "Pumpout Available" signs proposed. f. Describe the spew design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed on h. Give the number of channel markers and "No Wake" signs proposed. _ I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the madnardocking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NO ❑Yes ONO RECEIVED JAN 2 9 2019 JUN 2 5 2019 DCM-MHD CITY Form DCM MP-4 (Structures, Page 3 of A) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yee ❑No o. Is the marinaldocking facility proposed within a adjacent to coastal weeandslmarsh (CW ), subrhaged aquatic vegetation (SAV), sheN bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (irldudktg covered lift) " 71' Mlbs section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑PrKgdelCommunby (ii) Number (III) Length _ (iv) Width Note: Rooted areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetptle, etc. If a rock grain, use MP-2, Excavation and FN.) 1 /j (QThis section not applicable a. (i) Number (ii) Length (w) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 170 k6his section not applicable a. Length b. Average distance from NHW, NWL, a wetlands c. Maximum distance beyond NHW, NWL a wetlands & AfOORWG PILINGS and BUOYS //r CYThis section not applicable a. Is the structures): b. Number []Commercial ❑PublicGovernment ❑PrivatelConmunity C. Distance to be placed beyond shoreline d. Description of buoy (cola, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, ff present. e. Arc of the swing 7. GENERAL RECEIVED RECEIVED JUN 2 5 2019 DCM WILMINGTON, NO JAN,292019 DCM-MHD CITY Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Ohl✓�l[D�IrtTNI✓J�IUL�IL.�6dtit(;'HSI S/�C t3�rn�r-Sr t�v';�cmi Note: For buoy or mooring piling, use am of swing inGuding length of vessel. c. Width of water body f 360 e. (1) Will navig�a�tii nal aids be required as a result of the project? ❑yes V ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward and of structure at NLW or NW L - - 6 `,pad 8. OTHER ❑This section not applicable a Glue compete description: - lzemUu(s'IA-41rlln6 /))L-�,, �L5 S A �� Date Project Name Appl' t r a Applicant Signade RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN ,2 9 2019 V]CINITY MAP NO SCALE NOTES 1.) THIS LOT 15 LOCATEO IN AN AREA OF 100 YEAR FLOOD. 2.) OWNERSHIP OF FENCE ALONG IF IS UNKNOWN TO SURVEYOR. Survev Reference _ BOOK 2181 PAGE 596 MAP BOOK 9 PAGE 17 O n � I I RECEINIFD JUN 2 5 'Z019. DCM-NIMD CITY R/_W 120. 00_F 2J0' TOWN OF NRIGHTSNLLE BEACH PIER HEAD LINE MAP _ e — e GLEE'S CUIT- 7` � � l a I A Wc.E,TA ITON uNE a Q BUU z O CROWS FOOT W SCRIBED IN Z CONCRETE W R U STAIRS_ mWOOD WALK— lu S 78• C9 ADJOINER'S HOUSE LINE 0 CK 6�l �llu,n COLUMN N LOT J W. PELICAN DRIVE IRON PIPE AT NORTHEAST CORNER TRACT 1 SHOWN ON A MAP SHOWING PROPERTY OF STATE OF NORTH CAROLINA RECORDED IN MAP BOOK =7 PAGE 40. SEE M.B. 9 PG. 27 — — 60. 00' Q+ SL,I1 V£GETA 77�N LINE d V I IN•SCRIBED CONCRETE d n•F 60.031 LOT 4 8,067t Sq. Ft. COVERED rmrtmrnm l H, PORCH P��ILwrJ O Q I ^ PA T70 LOT 5 h � 3 � i e S In W w� 3 N N, 2 e P WOOTWOD FRASTORY ME N � :�. BRICK `+ COL M t �/ r yY • 6o P�liu� R/I •• E.I.P. AT t."- - BASE OF . '.�'..._..:.'•. PALM TREE CONCRETE DRIVEWAY R 11 &LEI � TWA Y #74(SEE M. B. 9 PG. 27) DCM WILMINGT g6LISBURY STREET JUN142019 -- —1� 76-411 )�z,`,„,," 2 PE em oL, 14kT3 661' kL ffsjev AIL4 ACYL I 621 A C)LIf1 Tn�so 024 FI°tir G F&S Marisa Coetraaters, lee. Complete Marine Construction Service For Over 27 Years CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, ' Boat Lifts, House Nings, Repairs P.O. Box 868 Phone'Faxr(9101 256-3062 Wnghtsv,lle Beach. N.C. 2848C email: e!ly&msr.com LEOS , ` Imo, 1 5upt 61434 ,,ufj ,J.w� zz RECEIVED DCM WILMINGTON, NC � Q e-W JUN 14 2019 ql—/1-T4,ja ;i RECEIVED JUN 2 5 2019 it 60 DCM-MHD CITY 4b(41 � Z1AIV499X- 6a PLl« 04. w1w6d-&A- t?�g)u,�. Z & 5L'fl--w U1-- FsS Marine Contractors, Inc. Complete Marine Construction Services For Over 40 yeorsl CAPT ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box868 Phone/Fax:(910)256.3062 Wrightsville Beach, NC 28480 email: efly@msn.com %-' Fj l1'tiG� -aLk) RECEIVED RECEIVED Zed )/1►r �� DCM WILMINGTON, NC 'N 2 5 2019 JAN 2 9 2019 VO4 Yet_ M-MFiD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN seerwary June 14, 2019 BRAXTON C. DAVIS Director F & S Marine Contractors, Inc. c/o Ed Flynn P. O. Box 868 Wrightsville Beach, NC 29480 Mr. Flynn, The Division of Coastal Management (DCM) hereby acknowledges receipt of your application, as acting agent for Lowell Zimmer, for State approval for installation of a private residential docking facility at the subject property located at 62 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County. It was received as complete on June 14, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 28, 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 14, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Debra Wilson District Manager cc: Courtney Spears, DCM Tyler Crumbley, ACE Doug Huggett, MHC Chad Coburn, DWR Tony Wilson, LPO Lowell Zimmer, Applicant D Q�� RECEIVED JUN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 W N LM 44 S ':'{{ i.d CAMA PERMIT APPLIES FOR - ' - �\ !J �J \ ►�S! \ f \ T�.I ��I i &w M •'1w1 ■ [•1 Il! ►w1 W! � ■ ►ti'�'- univ. COMMENTS ACCEPTED THROUGH 491Y 10, 2019 APPLICANT: Lowell lmmer rmcess Street Wilmington, NC 28401 Agent: Ed Flynn (910) 256-3062 to FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOWNC DIV. of CoaStal Management i1 127 Cardinal Dr. Ext. Wilmington, NC 28405 Debbie Wilson (910) 796-7266 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit. Mailing Address �✓ Itu,wEm�nt Nt C, ���ai Phone Number: i Email Address: + �e?lI ZN+mat�rc P 24/ C. 4rm I certify that 1 have authorized L GI 1-1 ,I11 (r �f�ll�4tfttfl�{� ` vY(' Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 'S///1% lmd ' )a ffiiuyu �r�z,l,. ��„ ili)t61L` j'htuiLl �r�l:�rl1 at my property located at �Lfl �Lron /Jib r /�.faG�hl�l�rf�imr�j X/t �, s in /ttvld'- County. I furthermore certify that I am authorized to grant and do in fact grant permission to Division of Coastal Management stall the Local Permit Officer and their agents to enter 1 on the aforementioned lands in connection with evaluating information related to this \ permit application. Property Owner Information: Signature Print or Type Name Title � 1 /1 ►1� Date This certification is valid through l I // I Y66 RECEIVED JUN 25 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 2 9 2019 `oAL/ ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that 1 own property adjacent to 0(✓EL - L, miocs� s (Name of Property Owner) property located at k2 /�e�iG�-✓ /%iZ (Address, Lo Block, Road, etc. on /EES in v /e e- chi _, N.C. (Waterbody) (CityiTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. U_ 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) 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.) Ll�l do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Print or O/ Telephone Date (Adjace operty Owner Information) Signature /µ Prin�pe Narpa--- �5 / Mailing Addresqqs zP / C /t/C 2-766 0 / City/State/Zip 1-11 Telephone Number D -- 19- Date 4- /'7'/ 7 RECEI\t (Revised V49tdtl}i i=i JUN 2 5 2019 ,SUN 17 2019 y,......Y.. :eyL sue.,.,... .,.. .. DCM-MHD CIT 'CM WILM'INGTON, NC We a 2 64 K woo , w.. FEUCAAI M.ItE LOT 3 a,&. w WM Nem DCM UYILMINGT qwnoom --7 Fug +a $• M.O. s K 27 JUN 14 2011 *4 -1V-4 AT ar ME CoNewit M', WAI' Y174(S'E M,9- 9 P—a 77) 413aURY STM7 t Q IF=rr= 1!Fr 9 UN 25 zu1 L)CM-MHD CIT F & 5 Marine Contractors, Inc. P.O. Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fax : 910-256-3062 Email : efly@msn.com �,►�i S6NCN��/Qu�suC ii`s�/ RECEIVED OIL G, � fZuJr�ri l�, MAY 10 1 4�o�c� WiLMir �J '"I RECEIVED JUN 2 5 2019 DCM-MHD CITY Complete Marine Construction Service for Over 42 years Piers — Bulkheads — Floating Docks — Boatlifts - Pilings - Repairs MAY 10 2uib j ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to /- OG✓Ge,_ 2� /7)/;', (Name of Property Owner) property located at 2 {eL>�;�,� Pe, 1Mvareazi onEES Ct1j ,in (Waterbody) County) N.C. 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) 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 I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (Property Owner Information) (AdjaceA Property Owner Information) Signature Pnnt or Type Name Mailing Address City/Statelzip Telephone Number Date Name 7-- i�-7/ 09 Telephone Number & Dare__�� l 9 (Revised 6/1W0f2f;EIVED IUN 2 5 2019 DCM-MHD CITY Wilson, Debra From: Paul Mills <paulm@yourairexperts.com> Sent: Thursday, June 06, 2019 11:17 AM To: Wilson, Debra Subject: [External] RE: 62 Pelican Dr Attachments: Boat Dock proposal 62 Pelican.pdf Debbie, I have signed the attached as NOT approved. This would be right in our line of sight while the balance of his Lot is unobstructed. Thank you for contacting me but I can not agree to this. Thank You, Paul D. Mills President Air Experts Heating, Cooling Inc. Raleigh Heating & Air, Inc. 919-890-7789 www.YourAirExperts.com From: Wilson, Debra <debra.wilson@ncdenr.gov> Sent: Thursday, June 6, 2019 10:53 AM To: Paul Mills <paulm@yourairexperts.com> Subject: 62 Pelican Dr Mr. Mills, Attached are the drawings that were submitted by your adjacent property owner, Mir. Zimmer for his proposed new dock. Please let me know if you have any questions. Debbie Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 796-7266 Fax: (910) 395-3964 debra.wilsonkncdenr.gov RECEIVED JUN 2 5 2019 - DCM-MHD CITY ■ �— %Ttot" Compares.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. CERTIFIED MAIL • RETURN RECEIPT REQUtSTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner. 4 Address of Property: / �i� (Lot or Street�heet or Road, City R Cou )� 'ry�,�/ [�,��( Agent's Name N: 6�P ` !i Mailing Address: I tl0, N�/�J t�•`�-}^c�H/�i�f Agent's phone*. O' lL' 31 It&6&S4m Agn-4 AL. I I hereby certify that I own property adjacent to the above referenced property. The individual applying are proposing. permitwas described 70.,me as shown an havob attached awirtq, the development the are 5' �� 'Auillil 5� I have nob) [ions this proposal. )e to this proposal. if you have olgecdons to what Is baln9proposed, you must notify the Olvialon of C01stalMan69emom (DGe) in writing within 10 days o/ rees/pl or this matte. Canespondence should be maned to 127 cardinal On" Est., wllmrngion, NC, 25I06-3815. OCM ialomsentadvns can also be contacted at (910) 796-7215. No response Is WAIVER SECTION l 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 most initial the appropriate blank below.) \31 �I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement G4 \, (Property Owner Information) +Y A n ;,x1pature /x0ed Pnnt or Type Name /n ?Akt¢51. w. Wiling Address ciity/statee�/ip q1D- tMb//" 0i7dr0) Telephone Number Date (AdjJWt Property Owner informat!9n) Signature Print or Type Name b1) &rra, MaMng Address ty� ,411,- tINZIP S1� j Telephone Number _ 114 CEIVED JUN 2 5 2019 Date 0"M-MHD CITY Revlsetl6H82012 RECEIVED DCM WILMINGTON, NC JUN 14 2019 ts, CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner Address of Property: V a r Wit oy. 64-, IV/, (Lot or Street Or, Street Agents Name # or Road. City ti Mailing "J! . 28 U. 14 x (366 V I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development / they are proposing. A description or drawing with dimensions must be provided with this letter.,, ilk i-ln -k— I have no objections to this proposal. 1 have objections to this proposal. ki If you have objections to what is being proposed, you must notify the Division or Coastal Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ex[., Wilmington, NC, 28405-3845, DCM representatives can also be contacted at (910) 796.7215. No response Is considered the same as no objection If you have been notified by Certilled Mall, 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.) A —1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) 01rature /I of a)1 hiltrk 1pt/ Print or Type Name /// iil"fku7s5 it Mailing Address CrJtlircla ETun, Ni C. 7, Y LY oi 614 // J #n. �'J Dare (Adjacent Property Owner Information) PA Signaturt %uIr (,/ft f iil Print orrType Name 6yMk n/h Mailing Address t'.t 6443,klS &7ftl, /Ji.C. 2>3Yd0 Ci1y/S1afeg0 RECEIVED JUN 2 5 2019 DCM—MHD CITY Telephone Number 1l .6h. Dare RECEIVED ReviseoMAILMINGTON, NC JAN 2 9 2019 Book 6206 Page 1279 THIS INSTRUMENT PREPARED BY & RETURN TO: BROCK & SCOTT, PLLC C/O BROCK & SCOTT, PLLC 5431 OLEANDER DRIVE WILMINGTON, NC 28403 NORTH CAROLINA NEW HANOVER COUNTY BK: RB 6206 PG: 1279 -1279 RECORDED: 01I0812019 2019009882 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY ND FEE 3NDO 01:49:16 PM EXTX 60.DO REGISTER OF DEEDS BY: KELLIE GILE9 DEPUTY ELECTRONICALLY RECORDED File No.:10-07820 NOTICE OF FORECLOSURE I, the undersigned Attorney for or Authorized Agent of Trustee Services of Carolina, LLC, Substitute Trustee, certify on this April 8, 2019 that the debt or other obligation in the amount of $3,304,772.43 secured by the Deed of Trust executed by Matthew Scott Griffin and Holly E. Griffin, Grantor(s), Jackie L. Miller, Trustee(s), SunTrust Mortgage, Inc., Beneficiary and dated November 25, 2008 and recorded on November 25, 2008 in Book 5361 at Page 205 and rerecorded/modified/corrected on December 23, 2010 in Book 5535, Page 1659, in New Hanover County, was foreclosed on by an Order to Allow Foreclosure Sale entered in Special Proceeding No. 17 SP 401 to PDM Equity, LLC at public sale for the sum of $2,917,215.00, and is evidenced by Deed recorded in New Hanover County Registry on April 1, 2019. Trustee Services of Carolina, LLC Substitute Trustee By:e�/� - RECEIVED Aaron B. Anderson, Member/Manager JUN 2 5 2019 DCM-MHD CITY Submitted electronically by "Brock d Scott, PLLC FC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. 6 T ne Rodgers LAW F�RM June 6, 2019 To Whom it May Concern 1213 CULBRETH DRIVE WILMINGTON, NC 28405 (910) 726-3600 (TEL.) TAME E KA• S HER MANA N O RD UGE RS. CO Re: 60 Pelican Drive, All Units and Condo Association As of May 6, 2019 it is my legal opinion that Shaun Kiviat and entities solely owned and managed by Shaun Kiviat constitute 100% of the ownership of "The Palms Condominiums," including all Units, limited common areas and common areas. In support of this Opinion, please see the attached: • Declarations of Unit Ownership and Covenants, Conditions and Restrictions of The Palms Condominiums (See Exhibit "A" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Keith M. Beatty, „nmatried, Grantor, to Shaun Kiviat, Grantee recorded on May 6, 2019 at 4:07:08pm in Deed Book 6213 at Page 541 of the New Hanover County Registry (See Exhibit `B" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 5. Pelican B Series, Grantee recorded on May 6, 2019 at 04:07:10pm in Deed Book 6213 at Page 549 of the New Hanover County Registry (See Exhibit "C" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 6. Pelican C Series, Grantee recorded on May 6, 2019 at 04:07:12pm in Deed Book 6213 at Page 557 of the New Hanover County Registry (See Exhibit "D" attached); • Certificate of Formation of SKIV Holdings, LLC (a Delaware Limited Liability Company) filed with the Delaware Secretary of State on March 12, 2019 at 02:52PM at File Number 7321560 which includes a certification from the Delaware Secretary of State and a "Statement of Authorized Person" denoting that Shaun Kiviat is the sole Member -manager of SKIV Holdings, LLC (See Exhibit "E" attached); RECEIVED Yours truly, JUN 2 5 2019 RECeWED DCM WILMINGTON, NCITY Richard T. "Chip" Rodgers, Jr. JUN 14 2019 The Rodgers Law Firm, PLLC RS LR CEIV JUN r 7014 THE RODGEAWFnwI, PLL.0 LT AFFILdATED WITH SHERMANAND RODGERS, PLLC \ `Y DCM NC I J �1 n r a B00{( Prepaz Pb,XiEi 2270 07`0� EXHIBIT A Steven P,Stegel 1900.9stwood A6adr Ste: 5 Wiimmgto NC; '24403' STATE OF NORTH CAROLINA COUNTY' OF ^NEW HANOVER J '97 NOU:120 HP110 20 RECORDED & VERIFIED =' MART SUE COTS REGISTER OF _-...EDS f£41 liANOVE,; . . A0 DECLARATIONS OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND .,_., RESTRICTIONS OF THE PALMS CONDOMINIUMS THIS DECLARATION OFI UNIT OWNERSHIP, made "this 10TR, day of MVEMEERi, 199T by FRED J; MATT, of 4400 FALLS OF NEUSE ROAD-, SUITE 203, RALEIGH, NC 27609,1ereinafter called "Ddelffaant"; 000017 WITNESSETH: WHEREAS, Declamiit is the owner of certain real propertys located in: the City.: of Wrightsville Beach, New Hanover County; North -Carolina which:is`more particularly described in: Exhibit "A", attached hereto and incorporated 4ereitt by reference. WHEREAS, Declarant has constructed improvements, more fully described Hereafter, desires to submit to; condominium ownership; or- will construct on this real property certain which real estate:and improvements Declarant NOW, THEREFORE,, Declarant declares ,its intention, by the.filing of this Declaration„ to;submit; and.does hereby submit; the abov"escribed real property and improvements thereon to the provisions of the North Carolina Condominium Act4 Chapter. 47C.of the North Carotins General Statutes; as_ a unit ownership project to be .namede THE PALMS CONDOMINIUMS; and further publishes 'and declares tfiat ail of the property, described herein, is, held and shall be heid, conyew0l, hypothecated; encumbered; leased; rented; .used, occupied, and improved, subject to.the1ollowing covenants, conditions, restrictions, uses, limitations and obligations; all of which are declared and agreed to` tie_ in furtherance of a plan for the! conversion of said: property into a condominium_ facility, and -shall be deemed to run with the' land and shall be a ,burden and a benefit to Declarant, ds successors and assigns and any, person acquiring or owning an interest in the real property and improvements; their grantees successors, heirs; executors, administrators, devisees and assigns. 1. DEFINITIONS. Certain terms in this Declaration and in the Articles m4f Incorporation and Bylaws appended hereto sha! be defined as follows, unless -the-context clearly indicates a different meaning 'therefor: a "Act" means the, provisions of the; North Carolina Condominium Act, Chapter, 47C of then General Statutes of the State+ of North 'Carolina, as such may be supplemented or amended from rime to time. RETURNEI) TO E00ill PAGE 2270 0707 b. "Allocated interests" means the undivided interests in the common elements, the common expense liability and votes in the association allocated to each unit. C. "Association" means THE PALMS UNITOWNERS ASSOCIATION, INC., which is an entity comprised of all owners of units in THE PALMS CONDOMINIUMS. d. "Assessment" means a share of the funds required for the payment of common expenses, late fees and fines which from time to time is assessed against a unit owner by the Association. C. 'Building" means the building currently existing or to be built upon the real property described in Exhibit "A" and which houses the condominium units. f. 'Board of Directors" or "Board" means the Board of Directors of the Association or its agents, which shall be the executive board of the Association, as defined in N.C.G.S. 47C-I-103(13). "Director" means a member of the Board. g. "Bylaws" means the bylaws of the Association providing for the government and administration of the Association. "Articles" means the Articles of Incorporation of the Association. h. "Common Element" means the portion of the condominium property owned in common by all of the unit owners,as more specifically set forth herein. i. "Common expenses" means the expenses incurred by the Association the administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a capital reserve for repair, maintenance, and replacement) of the common areas and facilities as well as any other expense incurred by the Association which is and declared to be a common expense by the Association, this Declaration, the Bylaws of the Act. j. "Common surplus" means the balance of all income, rents and revenues of the Association remaining after the deduction of the common expenses. k. "Condominium project" or "Project" means the entire proposed development consisting of all the land, the building and other "property" as that term is herein defined. "Declarant" means FRED J. MATT, his successors and assigns. m. "Declaration" means this instrument as it may from Lime to time be lawfully amended or supplemented. n. "Limited Common Element" means those common areas and facilities which are reserved for the use of a certain unit or units to the exclusion of other units, as more specifically identified herein. ,Kci;EivLC7 RECEIVED 2 JUN 14 niq JUN 2 5 2019 DCM-MHD CITY DCM WILMINGTON, NC G ao 11V PAGE t ? _0 0..17;_0 ff o. Teriod'of Declarant Control" means the pcommencing.oh.I e_crate hereof -and continuing until all the units_are sold-: p. "Person" means an individual; corporation, partnership, association, trustee, or other legal entity,. q. "'Property means and includes the land; the=building„ At improvements, and structures thereon and all articles of personal propertyrintended.for use in connection, therewith which are-suBmitted_to:condominium ownership -by this Declaration: r. "Real: Property" shall mean and refer to all of the real property described in Exhibit! "A," attached hereto. s: "Umt" or "Condominium Unit" shall mean that enclosed space within the building as shown on Elie building, puns described in ihei Declaration; together with any additional. area, or space accompanying the same and described herein, which is mtepded for private ownership and -to be sold as a dwelling unit pursuant to the Declaration and the Act: The enclosed space representing each unit -.shall be bounded by the interior surface material oP its perimeter walls, ceilings and -floors. Each unit is defined to include: (a) all non -load bearing partition walls located entirely within the above -defined enclosed space; (b) all interiorfinished surfaces of the,perimeter walls:and ceilings; (c) all carpet, tile, vinyl, wood floor or other decorative floor covering; .(d) alfwindows, includingscreens, window frames, exterior doors; -and. exterior door- frames; (e) all heating and air conditioning equipment and accompanying ducts, and components (if separate for each unit); (f) all wires)' ducts pip Imes and'other faciltties,for the furnishing ,of unlitg services located within.the above -defined enclosed space, butspegifically excluding-a{lj .wires, ducts; pipes -and other facilities -which lie within the above defined enclosed space but are, for the common use of one or more otfiei• units in the project. t. "Unit Designation" means the number thereof which designates a unit, within the condominium. u. "Unit Owner"I.means-aperson, corporation; partnership, association, trust, other legal entity, or -any combination thereof; in whose name or names the title to or an interest in the title to any unit is vested, excluding those who own, or hold such title or, interest under the; terms of any, mortgage or deed of trust. or .other: similar instrument for the purposes of securing the payment -of an indebtedness or the performance of an obligation. c00i11 PACE 2270 2. DESCRIPTION OF REAL PROPERTY. The real property on which the building and improvements are or are to be located is described in Exhibit "A", attached hereto and incorporated herein by reference. 3. DESCRIPTION OF BUILDINGS. The buildings in which the units are located is described in building plans which are attached hereto as Exhibit "B" and incorporated herein by reference. The buildings will consist of two stories. 4. UNIT DESIGNATION AND DESCRIPTION. The unit designation of each unit and a description of its location, area, floor plan and number of rooms, are shown on the building plans attached hereto as Exhibit "B". 5. DESCRIPTION OF COMMON ELEMENTS AND FACILITIES The common elements and facilities shall consist of all the real property described in Exhibit "A", which is subjected to the terms of this Declaration, and all of the improvements and facilities thereon which are not units as defined herein and which are not items of personal property owned, held, or maintained by unit owners. Without in any way limiting the scope thereof, the common elements and facilities shall include the following: a. All foundations, columns, girders, beams, supports, roofs, exterior walls, interior load bearing walls, ventilation fans and vents of the building; b. All stairways, stairwells, halls, passageways, corridors, lobbies, exits and entrances which give access to the units, except as designated on Exhibit "B" for a specific unit; C. All yards, gardens, parking areas, driveways, and other amenities; d. All installations for the provision of utility services, including, but not limited to, electricity, water, gas, refrigeration, telephone, heating, air conditioning, sewer, trash disposal, incineration, and television which are for the common use and benefit of the unit owners and which are not defined as being a part of the units; e. All tanks, pumps, motors, fans, compressors and control equipment existing for common use. 6. ALLOCATED INTERESTS. Unless and until this project shall be expanded as herein provided, the percentage of each unit owner's undivided interest in the common elements of THE PALMS CONDOMINIUMS is set forth in Exhibit "C", attached hereto and incorporated herein by reference. This percentage is based on the relation that the total volume in square feet of each unit bears to the aggregate square feet contained in all units as of the date of this Declaration. 7. LIMITED COMMON ELEMENTS. The decks or porches adjacent to each unit and any storage space allotted to each unit, designated in Exhibit "B" attached hereto as "limited common areas" are limited common areas for the sole use of the unit owner of a unit to which the same are adjacent or allocated as indicated on said plans. RECEIVED 4 RECEIVED JUN 14 2019 IUN 2 5 Z019 DCM WILMINGTON, NC 2 21 7 0 07110 8. NATURE AND INCIDENTS OF UNIT OWNERSHIP 1. Naturelof Interest.. Every"unit, together with it_ss undwided interest in the common elements shall for al( purposes be -treated as a°separate parcel of real property with all the incidents thereof. Each unit may be individually conveyed; leased and encumbered and may be inherited or devrs'ed l y will as if it were solely and entirely independent.of the other units in the building of which, it, forms -a part. Each unit may be field' and owned' l y more than one person, either as tenants in common or tenants .by the entirety; or in any other., manner recognized under State law. b. Partitioning: No unit may be divided orsubdivided into a smaller unit or units; nor -shall any unit or portion thereof be added to or incorporated into, any other unit unless whiten approval is'f ist obtained :from the Board of Directors of the Association. The common elements shall remain undivided and no unit owner or aoy other person shall bring, an action for partition or division of any part thereof, unless the property_ has, been, removed from the provisions of the Unit -Ownership Act. C. Common Elements Appurtenant to Unit The undivided intergj in the common elements, shall not lie conveyed; encumbered, or otherwise separated from the --unit to which ii appertains and shall be -deemed conveyed or:encumbered withahe uniteven though sach interest is ---not expressly mentioned or describedI.in the 4q*y4iice; or other instrument. d. Taxes. Each unit and, its percentage of undivided interest in the; com cell and shall be separately mon; elements shall be deerned to be a separate partaxed for all types oftaxes authorized bylaw, including; but notlimited to, special ad valorem levies and special assessments. Each unit owner shall be liable solely for moun the at of taxes on his ofdividual unit and shall ncc be affected; by the consequences resulting from the.taxAelinquency other unit holders. Neither the buildings; the property, nor any of tiie common elements shall be deemed to be a separate parcel for purposes; of taxation 9. USE RESTRICTIONS a. Each unit; shall be used for single-fsmily residential purposes only, which shall include the rental and long term leases of individual units. by the owner. s b. No immoral; improper, offensive; noxious:or unlawful use -.shall be.made'of any unit or of the common elements; and:all applicable laws, zoning ordinances and regulat,ons of all governmental authorities shall' be observed. No owner of any unit shall permit or suffer anything to be:done orkept in his unit, or on -the common elements, which will increase the rate dUinsufance on the unit,. or which will obstruct or interfere with the rights of other occupants of the other units .or annoy or 'embarrass them; nor shall any owner undertake any use or practice which shall constitute a nuisance to any other owner of a di it; or which interferes with the peaceful possession; and propen use of any other unit or the common elements: C. No owner of 4 unit shall rpermii any ;structural modification or alteration to be made to the, unit without first obtainingi the written'wnsenti of the Board of Directors of c00K PAGE 2270 0711 the Association, nor alter nor cause any changes to be made to the exterior of the building (including painting, installing television or radio antenna or installing signs), or in any manner alter the appearance of the exterior portion of the building without obtaining such consent. No unit owner shall fix any object to the common elements (including fences, flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common elements or limited common elements without first obtaining the written consent of the Board of Directors of the Association. d. The Declarant or its agent shall have the right to maintain a sales office or model unit in any of the units of its choice for the sole purpose of selling the remaining units in the project. This right will terminate upon the sale of the last unit by the Declarant. e. No cooking or use of grills or similar devises shall be allowed on the stairways, porches or decks within 10 feet of the building. f. No boats, trailers, motor homes or similar vehicles may to stored on the property or common areas, except as designated by the Unitowners Association. g. No satellite dishes may be placed on any unit without the written approval of the Unitowners Association. h. The Unitowners Association shall have the exclusive right to assign parking spaces and designate their use. i. The Unitowners Association shall have the right to require the Unit Owner to remove any pet from their Unit if it is determined that the pet is nuisance. j. The use of the property shall be subject to any restrictions contained in the Bylaws of the Association and to any Rules and Regulations established by the Board of Directors of the Association. These additional use restrictions shall have the same force and effect as the restrictions contained herein. 10. EASEMENT a. In case of any emergency originating in or threatening any unit, regardless of whether the owner is present at the time of such emergency, the Declarant, the Board of Directors of the Association, or any other person authorized by it, or the manager, shall have the right to immediately enter the unit for the purpose of remedying or abating the cause of the emergency. h. Fach unit owner shall have an easement to use all pipes, wires, ducts, cables, conduits, public utility lines and other such facilities which are located in another unit and serve his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other such facilities which are located in such unit and serve other units. The Board of Directors of the Association shall have a right of access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or replace the common facilities contained therein or elsewhere in the b*#%ftiVED 6 UN 1 4 2019 JUN 2 5 2019 DCM-MHD CITY DCM WILMINGTON, NC uuvn VAGE 2Z'70 071'2 c. The Board of Directors may grant or, assume easements, leases; on licenses for utility. purposes for the -benefit of the property, including the, right to install, lay, maintain,; repair, and'replace water lines_ „pipes, sewer lines; gas mains; telepHone:and television wires and equipment and electrical conduits and, wires over, under; along and on any portion of the units or common elements. Each unit owner hereby -grants to th'e,Board of -Directors, or the manager, an iirevocable power of attorney to execute, acknowledge and record! for or in --the name of -the Association or each unit owner'suck such- instruments ai may bdnecessary to effectuate the foregoing. .-1 d. In the -event that any, unit shall encroac' upon any of the common elements, of an'y other unit or units; for any reason not.caused by the purposeful -or negligent act of the. unit owner, or-agents<of such owner; then -an easement appurtenant to such unit shall! exist for the continuance of such e_n_croachment upon the common elements or upon:a unit for so long as such encroachment shall naturally exist. In--the-event that any portion of the common element's shall encroach upon any unit, an easement shale exist for the continuance of'such encroachment .... -..... of, the common elements upon any. unit for so Jong as such; encroachment shall naturally exist. If any unit or any portion of the common elements shall be partially or totally destroyed as; a result of £ue or other casualty, or as a result of -condemnation or eminent domain proceedings; and if upon reconstruction of .the unit or the common elements in accordance with this Declaration, portions of the common elements encroach upon any unit; or any unit encroaches [hen such -encroachment shall be permitted and a valid easement for the maintenance thereof shOl exist so long, as the encroachment naturally remains. 11. MANAGEMENT. a. Generally: The management of the affairs of the project shall lie the right and; responsibility of the Association and said management duties shall be carried out in accordance with the: terms and conditions of this Declaration, the Articles, of Incorporation and the Bylaws of the Association, copies of which are attached hereto and; incorporated herein by, reference; provided, however, that the Association shall not be authorized to take over management rights and responsibilities until conveyance of -management responsibilities io the Association, as provided in the Declaratiori and in the Bylaws. b. Conveyance of Controls g _ pm_ control and mana' ement res' onstbilities to have been conveyed to unit purchasers. c , Conyeyance of when all of the units c: Manager. The Board of Directors of the Association shall have the right to contract with or employ a manager for the purpose of operating; supervising, maintaining and managing, ttie property. All the management powers and duties of the Association may be delegated to the manager by the Board of Directors, except those which are -specifically, reserved to the Board of Diiectors by this Declaration; the Articles; and Bylaws, or the Act. 12. MAINTENANCE. The respective responsibilities of the unit owners and the Association to maintain; repair and, replace the property shall be as set -forth in the Bylaws. 13. COMMON EXPENSES AND ASSESSMENTS.-The'_uniCowners-are bound -to; contribute', according, to their allocated -interest in the common areas and facilities as`set-forthi BOOK PAGE 2270 0713 herein, toward the common expenses of the Association. No unit owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common areas and facilities or by abandonment of the unit belonging to him. The common profits of the property, if any, shall be distributed among the unit owners according to the same percentage undivided interest. Each unit owner shall be subject to an assessment from the Board of Directors for his share of the common expenses. The manner of computing and collecting this assessment is set forth in the Bylaws. 14. INSURANCE. a. Hazard Insurance, The Board of Directors of the Association, or the manager, shall obtain insurance upon the property for the benefit of the unit owners and their mortgagees against (1) loss or damage by fire and other hazards covered by the standard extended coverage endorsement and (2) such other hazards or risks covered for similar projects, including those covered by the standard "all risk" endorsement. Such policies shall make provision for the issuance of certificates of insurance or mortgagee endorsements to the mortgagees of unit owners, and if the companies writing such policies will agree, the policies shall provide that the insurer waivers its rights of subrogation as to any claims against unit owners, the Association and their respective servants, agents and guests. In addition to the above, the Board of Directors may obtain such other insurance coverage as they deem necessary and desirable. All liability insurance shall contain cross -liability endorsements to cover liability of the unit owners as a group to a single unit owner. Each unit owner may obtain insurance, at his own expense, affording coverage upon his own unit, his personal property and such other coverage as he may desire. All hazard insurance shall meet the minimum requirements and standards of the Federal National Mortgage Association. b. Amount of Coverage_ The Board of directors or the manager shall insure all buildings and improvements upon the land and all personal property included in the common areas and facilities in an amount equal to their maximum insurance replacement value as determined annually by the Board of Directors, or manager, with the assistance of the insurance company or companies providing coverage. This insurance coverage amount shall never be less than the total principal balance due on all mortgages outstanding on the property. c. Premiums. All premiums on insurance policies purchased by the Board of Directors or manager and any deductibles payable in the event of loss shall be paid by the Association and chargeable to the Association as a common expense. d. Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board of Directors or manager as insurance trustee for the unit owners and their mortgagees. The insurance trustee shall have authority to deal with the insurer in the compromise and settlement of claims and to execute and deliver releases to the insurer upon the payment of claims. The insurance trustee's duty upon receipt of any insurance proceeds shall be to hold the same in trust for the benefit of the unit owners and their mortgagees. e. Distribution of Insurance Proceeds. Proceeds of insurance polices' t NED distributed by the insurance trustee to or for the benefit of the beneficial unit owners 8 JUN 14 2019 JUN 2 5 Z019 pCM WILMINGTON, NC DCM-MHD CITY PooK PAGE 2270 07114 =followmgrtnanner -� (i) Expenses of the insurance trustee All expenses' of the insurance; trustee shall -'be paid frsit. (n)l R ' ns ctio -or. rdnhin, .If the damage for wfiiiih the_praceeds a -e paid is t4,be,-repaired. or.recomstcucted, the proceeds:: remaining after deduction of thei insurance -trustee's expenses shall be paid to defray the cost of such tepait or reconstruction. Any proceeds remaining rafter defraying such -costs- shall be distributed to the -unit owners; in accordance) wiili each unit-owner.'s percentage undivided-' interest In. the cotdmon-aieas.-and' facilities, as -set forth in Ezhiliit "C". In: Che,event,a mortgagee_endorsement.has been issued for a condominium unit,,any proceeds remitted under this section shall be -payable Io ntly_ to.thelunrt., owner and the mortgagee. - (ui) Failure to reconstriict or-renair „j If it is deteimined'-as:providedbelow that the ydainage fdr which. -the proceeds. are paid--willnot be reconstructed�or repaired,; the remaming•proceeds:shalI be distributed`to-the`unitowners in accordance with each unit.ow" 'r -�. � .. _ percentage undivided interest tn. the' comtnon_areas:;and.facilities � a&.set:forth_in Exhibit "C"_ f. Damage and destruction. i a tleterminatiori to"-' u—c ' O nstruct or repair"� Damage; -.to-; or destruction of the bmldings and improvements, exceptthat-which.is solely the -responsibility -of the unit owner, shall .be.promptly,-required or restored by the Board';of Directors`.oc manager, using thepioceeds of insurance on the_bylding,fo[,tliatpurposey and-unitawners-shall be liable for assessment for any deficiency.:in-accordance-.with their percent age -undivided nit&rest i the common areas.and facilities; provided,! however,, if the buildings shall, be more;.than.,two-thirds destroyed' and the owners of three -fourth ofahe units resolve not °to proceed) with repair or,, reconstruction; then in that event,, the property. sUl be deemed' to be owned! as tenants in common=bye the unit owners and shalt be governed by the provisions of Chapter 47C' of ;the) h: Caroli Nortna: General Statutes -and -any amendments thereto No. --_tg g 'e hall Have ar y; to right participate in° -the decision to reco truct of repo)) the diiiiu d.property. (u) Plans and speciftcations Any reeonstrucUon] or-_repar,must_bea 'substantially inj accordance with the plans and! -specifications of the original- building iand, improvements unless; other plans and specifications are unanimously approved by, the uni.1 owners: g,. Flood Insurance. If --any pazt of -the project is in a special flood hazard area; as defined by the Federal Emergency Management Agency, the Unitowners Association must maintain flood insurance oreall units -at the unit owners expense. The amount of insurance should be at least equal to the lesser of: (i) '10{I% of the current replacemeiit cost of thi: Unit; or (ii) the maximum coverage available for tho property nndei "the, National ;Flood insurance Progr*.; 9 OOCi: PAGE 2270 0715 h. Liability Insurance. The Association must maintain a comprehensive general liability insurance policy covering all common areas, public ways and any other areas that are under its supervision. The policy should provide coverage of at least $1,000,000 for bodily injury and property damage for any single occurrence. The liability insurance should provide coverage for: (i) bodily injury and property damage that results from the operation, maintenance or use of the projects common areas; and (it) any legal liability that results from law suits related to employment contracts in which the owners' Association is a party. 15. COMPLIANCE WITH DECLARATION BYLAWS AND REGULATIONS a. Binding Nature of Declaration Bylaws and Re ulations, The restrictions and obligations imposed by this Declaration and the Articles and Bylaws of the Association are intended to and shall constitute covenants running with the land and shall constitute an equitable servitude upon each unit and its appurtenant undivided interest in the common areas and facilities. Each unit owner, his tenants, invitees, guests, employees, agents, grantees, successors and assigns, shall comply strictly with the covenants set forth in this Declaration, the Articles and Bylaws of the Association, and any Rules and Regulations adopted by the Association as the same may be lawfully amended from time to time, the acceptance of a deed of conveyance, the entering into a lease, or occupancy of a unit shall constitute an agreement that the provisions of this Declaration, the Articles and Bylaws, and any Rules and Regulations are accepted and ratified by the grantee, tenant, or occupant whether or not these provisions are referred to in the deed of lease. b. Remedies for Violation. Failure to comply with the covenants and restrictions set forth in this Declaration, the Articles, Bylaws and the Rules and Regulations shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the Board of Directors or manager on behalf of the Association or by an aggrieved unit owner. The Board of Directors shall also have authority to enforce such covenants and restrictions by denial of the use of the common areas and facilities to violators, by levying fines for infractions in an amount not to exceed one hundred fifty dollars ($150.00) per day, and by such other means as are provided in this Declaration, Bylaws, and Rules and Regulations or by law. c. Liability for Expenses Each unit owner shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by his act, neglect, or carelessness, or by that of any member of his family, or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include liability for any increase in fire insurance rates occasioned by the use, misuse, occupancy, or abandonment of a unit or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. d. Waiver. The failure of the Association, any unit owner, or other persp�}4p,EIVED enforce any right, provision, covenant, or condition which may be p[(gdEy this Declafaton to ti ��VV DD 14 20119 JUN 2 5 2019 DCM WILMINGTON, DCM-MHD CITY uuun PAGE ?, 2 7 ,0? 017 1 6 or the other above_tnentioned documents shall not constitute a waiver, of the--rightl of=the- Association.orof the -unit owner -to -enforce stick=right,_provision, covenants; oc ' ition_in the future - e. Remedies Cumulative All rights; remediesi ands privilege& granted to, the Association or the owner or.owners o£a unit pursuant to any terms, provisions, covenants; or YJ - - be conditions ofl this Declaration or the other above. -mentioned documents, hall be deem n to cumulative; and the exercise of anone or more:shall not -be deemed to constitute an election of remedies, nor shall it precluddAlid.pany thus exercising the same from exercising such-othen and additional riglits, remedies; or; privileges as may be! available to such party at law or in equity. 16. PARTY WALLS. -a, The walls and I ooring connecting adjacent units, are "party walls" and are situated -on oral " the. A-Y lme separating "such unitst b: All finish flooring and any other materials constituting any part of the)walls, flWCS or ceilings are a part of the common elements, pursuant to G.-S. 47C-2-102(1). To the extent atiy duct, wire, conduit; or any, other fixture lies partially within and partially outside the, designated boundaries of -a unit, any portion thereof serving' only that unit is a limited common element allocated -exclusively to that unit; and anyportion thereof serving more than one unit or any portion of the common: elementsi is a part of the common elements, p to G.S. 47C-2-102(2). Any decks, porches, balconies, patios -and all other exterior doors and windows, or other fixtures designated to -serve', a single unit but located outside, the unii's=boundaries are limited common elements allocated exclusively, to that unit, pursuant to G.S. 47C-2-102(4). c. Each wall which is built as, part of the original construction •of a unit and placed -on the dividing line between the units shall. constitute a party wall,, and, to the extent not inconsistent with, the provisions of this Article, the general rules of law regarding party walls; and theretobtltty for property, damage due to negligence or willful acts or omissions shall apply ; d•. The cost Of -reasonable repair and maintenance of a party wall shall be shared by the owners who' make use of the wall in proportion to such use. e: Notwithstanding -any other provisions; of -this Article!, an owner who _by his negligent or wilifuGact causes -a' party , wal! to be exposed'to the elements shall bear the whole ' cost -of furnishing the. necessary protection :against such elements. lThe 'right_ any. n- Y_ -owner under this Article -shall be appurtenant totheand, and shallpass to`such ower s successo s in title. g! 'If any owner desires to sell his unit; such -owner may,; in order to. -assure 11 CIO 0K PAGE 2270 0717 prospective purchaser that no adjoining unit owner has a right of contribution as provided in this Section, request of the adjoining unit owner a certification that no right of contribution exists, wereupon it shall be the duty of the adjoining unit owner to make such certification immediately upon request and without charges; provided, however, that where the adjoining unit owner claims a right of contribution the certification shall contain a recital of the amount claimed. h. In the event of any dispute arising concerning a party wall, or under the provisions of this Section, such dispute shall be settled by arbitration as provided by the laws of North Carolina as then existing. 17, PROCESS AGENT. FRED 1. MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, NC 27609 is hereby designated to receive service of process in any action which may be brought under the Act. The Board of Directors may change the process agent by filing a Declaration of Change of Registered Agent in the office of Register of Deeds of New Hanover County, North Carolina. 18. MORTGAGE OF UNITS. Any unit owner may give a deed of trust or mortgage on his unit without prior notice to or authorization by the Declarant or the Board of Directors of the Association. Any rights the Association may have to place a lien upon the property of the unit owner shall be subordinate to and inferior to any deed of trust or mortgage that said unit owner has placed on his property. 19. TERMINATION. The condominium may be terminated and removed from the provisions of the Unit Ownership Act only by written agreement of all the owners of units expressed in an instrument to that effect and duly recorded, provided that the holders of all liens affecting any of the units must consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest in the property which the unit owner owns after termination. The termination shall become effective when the above instruments have been duly recorded in the public records. .After termination of the condominium, the unit owners shall own the property as tenants in common in undivided shares and the holders of mortgages and liens against the units formerly owned by such unit owners shall have mortgages and liens against the respective undivided shares of the unit owners. The undivided share or interest in the property owned as tenants in common which shall appertain to each unit owner shall be the percentage of the undivided interest previously owned by such unit owner in the, common areas and facilities. 20. ASSOCIATION. The Association shall be formed in accordance with Articles and Bylaws attached hereto as Exhibits "D" and "E". The Association shall have all the powers and duties set forth in the Act as well as all of the powers and duties granted to or imposed upon it by this Declaration, the Bylaws attached hereto as Exhibit "E", and the Articles attached hereto as Exhibit "D" as the same may be amended from time to time. Each unit owner, by the acceptance and recording of the deed to such unit owner's unit, appoints irrevocably the Association as herein provided, including the right to execute in such unit owner's name any and all instruments or documents necessary or reasonably required in regard thereto. The operation of the Association shall be governed by the Bylaws and Articles. No modification or amendment of the Bylaws or Articles shall be valid unless set forth in or annexed to an amendment, ?6 VED Declaration, certified by the President and Secretary of the Association and recorded int e 12 lUN 14 2019 JUN 2 5 2019 DCM WILMINGTON, NC BOOK,, PAGE 2270 0718 office of the Register of Deeds of. New.Hanover County. The As9ociation hereby is granted authority -and directed to become and remain a merRier of tfie Master Association, to pay such dues and assessments as may be levied against the Association ty the'Ma Let Association, ;and to include such dues -and assessments as piift of die common expenses: 21. AMENDMENT OF DECLARATION This Declaration may be_amended•by the Declarant at any, timii prior to the, conveyance of all units without the, necessity of" the permission, consent or joinderrof any other person or party„ and tliftafter.at anyi regular or special meeting of the �ciattop, called and convened -in accordance with the=Bylaws, by the affiimat ve vote of or written agreemenvsigned-by unit owners of units to which at least 7S%; ref tthe votes in the Association are allocated, Any fiolder of a first mortgage on a3 unit who" cerve_s a written request from the Association to approve any, proposed modification and doesi not deliver on post to the Association a negative response. within thirty (30) days following receipt of such request shall li'e deemed to have approved same: Notwithstanding) the aforesaid, noamendment, shall change, affect- or alter the allocated interest in; ihei common :areas appurtenant to a unit„ a unit owners proportionate share of the common expenses or common piofiis, or the voting rights appurtenant -to -any unit create or increase special Declarant rights, increase the number of units, change the boundaries of any unit, or the:uses to which ai unit is restrtc[ed, in the, absence of unanimous consent of the unit, owne?s, and all 'Holders of 'first mortgages on units: Further, no amendment sfiall be effective until certified by, the President Ianoand vPer C unt1.y. the Association and recorded in the office of the Register of Deeds of New 22. SEVERABILITY The invalidityof any provisioh of this Declaration shag; not impair or affect the validity and enforceability ofthe remainder of this -Declaration and, in such event, a1T of the otfier progisions of this Declaration shall continue in full force and effect as if suchl invalid provision hadi never been included. 23 LAW.. CONTROL .LN , _ . This.... Declaration, the 'B.ylaws and any, Rules' and ....... Regulationladopted thereunder 'sh'all, be construed under and:controlled by the laws of the State of.Nortli Carolina. 24. WARRANTIES The Declarant disclaims anyi warranty of representation in connectionr with the condominium project, except as specifically,,set forth herein; and no:person Wall rely upon any warranty on representation notspecifically made herein. Any estimates of common -expenses, taxes, or other charges are'dee`ined accurate, Bpg no warranty or guaranty made or intended, no may one be relied upon. 25' The rigY ownhts of auy er, as P. rovied Herein, shall not include mortgagees W any _ -properly wkliin the p ro wt unless said mortgagee obtains title to the property by in -cans op foreclosure or other legal methods. IN: TESTIMONY WHEREOF, the Declarant s caused this-DecWa-tiq"n to be signed in,: his, name and duly attested andsealed; this the li day of 1997. 1,3' FRED J. M TT 7 2 7 PAGE STATE OF NORTH CAROLINA 7 1 s COUNTY OF NEW HANOVER 1, STEVEN F. SIEGEL, a Notary Public for the aforesaid County and State, certify that FRED 1. MATT, personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of /V0VC�1 bel' 1997. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public (Notarial Seal) STEVEN F SIEG EL Notary PGblie State of North Carolina New Hanover County Commission Expires August 29. 2000 The Foregoing Certificate of �%E'i.?A1 Notary Public is certified to be correct. This the W� day of AIAPI , 1997. MARY SUE OOTS REGISTER OF DEEDS, NEW HANOVER COUNTY ty/Assistant RECEIVED RECEIVED 14 JUN 2 5 2019 JUN 14 2019 DCM-MHD CITY DCM WILMINGTON, NC GOOK, PAGE 270 0720 "EXHIBIT "A" ALL OF LOT 5 OF CHANNEL ACRES AS SHOWN ON THE:MAP'OF SAIMUBDI-VISION RECORDED IN MAP BOOK 9 AT PAG DEEOF NEW HANOV.ER E 27 IN THE OFFICE OF THE REGISTER OF DS COUNTY. AND ALSO AS SHOWN ON THE PLAT OF TIM PAL-IVIS' CONDOMINIUMS; RECORDED IN UNIT OWNERSHIP BOOK 11, AT PAGES 114 AND 115, IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER, COUNTY. m s, 9 W (rl f\J C C� d l�fS`S` l�� i0R19� _ I�9 13'-4 oM11YLBAghTt ARCI®T[CT, OERTM07FAT BUCK FIATS MID TMNB FiA1Y AND ACCURATELY DIVWT THE LAYOUTS, UOCATICNS. CMUNG AND ROM RMTKM LIMIT NUMBERS, AND DRAENBKM OF UNITS ARE AS SIXT. a M BeMr/OWb1 IMMHI� lueN a enoYE I. Nde pN. R's Mbk Re m ary NMI pyrtl an0 b b 11 relymM ipen >- Z LLI / W N 1J z 0 Q LU LLJ U IY - O z mi U 0 17'-B LEGEND ® UNIT AS DESIGNATED ®FURRED DOWN CEILING AREA 7'-0" HEIGHT BARKER/GUIDRY ARCHITECTS INC NORM IAW TI s m > RUIRk'ION. NC 510 9f0 T3 310 CERT. b NO. 'y"4 C',37 w CL L� L— W DAMM UMMI; ARMn=F CUMFm TWIT SUCH PLATS AND RAMS FL LYANDAOOURAWDEPICTTHE1AMMLJ NUM79MAND DIMB1�gMUM ARESMAT. RCDP SLDPE: 4:121 T LEGEND I UNIT AS DESIGNATED! 'FURRED DOWN CEILING AREA '7'—D" HEIGHT BARKER/GUIDRT ARCHITECTS ;INC 9 NOR19H LNf Man SM 7 A9MSX OR :eat 919 79IS7155°. 'CERT.°ND: 575 711E PAIAIS: I _. CONDp/N0.AN ftm.G:' SECIIDN UNIT A B C m EXHIBIT OU BOOK PAGE 2270 0724 PERCENTAGE INTEREST 35.70% 32.15% 32.15 % RECEIVED JUN 2 5 2019 a DCM-MHD CItY RECEIVED JUN 14 2019 DCM WILMINGTON, NC H 01i PAGE EXHIBIT "D" 2 7np ARTICLES OF INCORPORATION OF. THE PALMS UNITOWNERS' ASSOCIATION; INC. a79$ The undersigned, Being; o6he age of eighteen years of more, does hereby, make and acknowledge these Articles; of Incorporation for the purpose of forming a non=profit.corporation' under and by virtue -of Chapter 55A, of the Generat Statutes of, North Carolina and the laws of tfie State, of North Carolina. ARTICLE_ I NAME _. - ._.-._. ._ -....__ ._ _, The -name of the=corporation isi THE PALMS UNITOWNERS ASSOCIATION, INC. ARTICLE II DURATION The:, period':ofduration of tie corporation -is -perpetual. ARTICLE Ili' PURPOSES AND POWERS The purposes: and powers for which the corporation is organized are as follows: (1) To operate and manage a planned, unit subdivision development known as THE P-ALMSi CONDOMINIUMS, located: 'in WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA. (2) To undertake the perforinanc@ of, and carry out the acts and duties incident.to the :administration of the; operation and management of, THEi PALMS UNITOWNERS ASSOCIATION; INC. in accordance with the -terms, provisions, conditions and authorization contained ih both these Articles and p,the;D_'edaradon of Covenants., Conditions•and Restrictions; which shall be recorded! in the Public Records of New Hanover County, North Carolina, at such time as the real, property ands the improvements thereon' are submitted to said Declaration; (3) To make, establish and enforce reasonable rules and regulations governing the Use of subdivision development comiiion elements, land. and other real and personal property which may be owned by the. Association itself; (4) To, make, levy and collect assessments against lot owners; to provide the funds to pay for common expenses of the Association as provided in the Declaration of Covenants, Conditions,; and' Restrictions and to use and,expend the proceeds of assessments, in the exercise oven F. si wle of the powers and duties of the Association; to use said assessment& to promote the recreation, M?!P.EY AT LFW •_ . improvement _ _ _ • _ �. - •� � acgutsttian, improvement and maintenance of -properties, services and facilities devoted to this 4V MIIW STRiIOM ' ip EASi 0 Ro D Sum 5 1 iAmar F NC 28403 0001; PAGE nen F. Siegel '!()RNEY wT LAW �1MN4 51w(IQN 7 EwSM'OOO NOAC SUITE' tl . NC 28403 2270 0725 purpose and related to the use and enjoyment of the common areas, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof, the maintenance of insurance in accordance with the Bylaws, including the employment of attorneys to represent the Association when necessary for such other needs as may arise; (5) To maintain, repair, replace and operate the properties for which the Association is responsible; (6) To enforce by any legal means, the provisions of the Declaration of Covenants, Conditions and Restrictions, the Bylaws of the Association, and the rules and regulations for the use of the Association property; (7) To contract for the management of the recreational property and to delegate to such manager or managers all powers and duties of the Association except those powers and duties which are specifically required to have approval of the Board of Directors or the membership of the Association; (8) To have all of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration of Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS and all powers reasonably necessary to implement the purposes of the Association. (9) Upon dissolution, the assets of the Corporation shall be distributed as set forth in G.S. Section 55A-14-03. ARTICLE IV MEMBERSHIP A. The membership of THE PALMS UNITOWNERS ASSOCIATION, INC. shall consist of the owners of units in THE PALMS CONDOMINIUMS, the Developer, and the owners of any other lands which may be added thereto by the Developer. Membership shall be established by acquisition of fee title to a unit in THE PALMS CONDOMINIUMS whether by conveyance, devise, descent, or judicial decree. A new owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership'of the prior owner as to a lot designated shall be terminated. Each new owner shall deliver to the Association a true copy of such deed or instrument of acquisition of title. B. Neither one's membership in the Corporation nor a member's share in the funds and assets of the Corporation may be assigned, hypothecated or transferred in any manner except as an appurtenance to THE PALMS CONDOMINIUMS. C. There shall be one class of members in the Association as provided for in the Declaration 2 RECEIVED RECEIVED JUN 25 2019 UN 1 4 2019 0C:rJ-MHD CITY DCM WILMINGTON, evenF. Siegel: JMRNeT At LAw tUMIW STATON E f b EA9 CD Row Suite 5 SYcion� NCj28403 i Boot, Pace ARTICLE ?270 0727 DIRECTORS A: The number of Directors and the method of election of the Directors shall be fined byl the Bylaws; however, the number of Directors shalt not M less than three. Directors shall be elected at large from the membership. B. The -first election by the members of the Association: for Directors -shall not held until after, the Developer has relinquished control of the Association as -set -out in the Declaration of Covenants; Conditions and Restrictions. Thereafter, the election of Directors shall take place at the annual meeting of the membership as provided in the Bylaws. After the Declarant has relinquished control, there shall, be a special meeting; of the membership for the purpose of electing a Boafd of Directors to, serve until the next -annual meeting and until new Directors' are elected and qualified: The-numtier naives and addfess' c NAME L FRED 1. MATT 2. KEITH M. BEATTY 3: STEVEN. F: SIEGEL' ARTICLE VI INITIAL BOARD OFI DIRECTORS Directors:are ADDRESS 4400 FALLS OF NEUSE ROAD_ WILMINGTON,, NC 28463 60 PEL_ICAN DRIVE WRIGHTSVILLE BEACH, NC 28480, 803 NORTH LUMINA AVENUE WRIGHTSVILLE BEACH, NC 28480 ARTICLE V16 TAX STATUS. The Corporation shall have all the powers granted non=profit corporations under the laws of the State of North Carolina. Ntwtthstandng any other provision of these; Articles, this Corporation herebyelects tax-exempt status under Section 528 of the -Internal Revenue Code of 1986. This Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding. sections or provisions of any future United. States Internal Revenue law. It is further provided' that no distributions of incoime of the Corporation are to be made to members., diiectbrs or officers of the corporation; provided, however, that members of :the Corporation :may receive a rebate of :any excess, dues, and assessments previously paid. BOOT: PAGE 2270 0 7 2 a ARTICLE VIIl REGISTERED OFFICE AND AGENT The address of the initial registered and principal office of the corporation in the State of North Carolina is 60 PELICAN DRIVE, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA 28480, and the name of its initial registered agent at such address is KEITH M. BEATTY. ARTICLE IX INCORPORATOR The name and address of the incorporator is FRED J. MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, WAKE COUNTY, NORTH CAROLINA, 27609. ARTICLE X FINANCE The Association is not organized for pecuniary gain, nor shall it have any power to issue Certificates of stock or pay dividends. No part of the net earnings or assets of the Association shall be distributed upon dissolution, or otherwise, to any member, director, or officer of the Association. ARTICLE XI AMENDMENTS Any amendment to these Articles of Incorporation shall require the assent of one hundred percent (100%) of the voting members of the Association IN WITNES WHEREOF, the incorporator has hereunto set his hand and seat this _ L04LA day of 1997. even F. Siegel IT9NNCT ♦t LAW Snno. <0 ee5r 00 Ro+o �� S,,,,E 5 4 uc,ou. NC 2eaJJ RECEIVED WN 2 512019 DGM-MHD CIT) RECEIVED JUN 14 2019 DCM WVILMINGTON, NC EXHIBIT %? BOOT: PAGE BYLAWS 227i0 072°9j OF THE PALMS UNITOWNERS ASSOCIATION; INC. ARTICLE I GENERAL I Name and, Location; The; name, of the Association is THE PALMS UNIT(*NERS ASSOCIATION; INC.. The.principal.office of the Association shall be located at 60 Pelican Drive, Wrightsville Beaach North Carom' 284_SO or at such other place as may be subsequently designated by the Board of Directors of the Association. 2. Applicahilfty: Theiprovisions of these Bylaws are binding on all owners oflunits (herein -called kTHE PALMS "condominium project"), their tenants, guests, invitees; agents; employees', grantees, sbcc6sors and assigns. 3. Fiscal Year, The" fiscal year of "the. Association shall be the calendar yeaz 4. 'Definitions The definitions of the terms used herein shall, tie the same as; the definitions set foith ''lii the Declaration, to, which .these Bylaws are attached: :_ ARTICLE II MEMBERSHIP Every owner of_a_-unit.shall be.a member of'_the Association••and'membership in the; Association -shall be;7imited to unit ARTICLE III MEETINGS OF MEMBERSHIP 1. Place. Ali meetings of members shall be held'atsuch place as -maybe designated in the notice of=the, meeting.; i Annual Meetin t The first -annual meetin _of the -members ofthe Association g shall be_held within,thirry_(30)_days from he date on whicli,the. managemenbof the con lominiu= project is :_turned over by the Declarant" -to the Association, as -.provided in the Declaration. Subsequent annual meeting"s shall be }field a't a date and�time to. be determined by the Board of,. 2270 0730 Directors of the Association. At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting. 3. Special Meetings. Special meetings of the members may be called at any time by the President of the Association or by the Board of Directors or at the written request of the members entitled to vote one-fourth (1/4) of all of the votes of the Association. Business transacted at all special meetings shall be confined to the objects stated in the notice of the meeting. 4. Notice of Meetings. Written notice of each annual and special meeting of the members shall he served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the Association, at least ten (10) days, but no more than fifty (50) days, before the meeting. The notice shall specify the place, day, time and purpose of the meeting. Waiver in writing of the notice required herein, signed by the member before, at, or after such meeting, shall be equivalent to the giving of such notice. Each member shall notify the Secretary of the Association of any address change, and the giving of notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary. 5. Membership List. At least ten (10) days before every election of directors, a complete list of members entitled to vote at the election, showing the unit owned by the member and the residence address of each, shall be prepared by the Secretary. Such list shall be open to examination by any member throughout the ten (10) day period preceding the election, until the election is completed. 6. Voting Rights. Each owner shall be entitled to vote in accordance with the owner's percentage interest in the common areas and facilities, as that percentage interest is reflected in the Declaration of Unit Ownership and Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS (herein called "Declaration"). If more than one person or entity owns a unit, they shall file a certificate with the Secretary naming the person authorized to cast the vote for the unit. If no certificate is filed, the co -owners must designate, at the time of the meeting, the person authorized to cast such vote. 7. Proxies. At all meetings of the members, every member shall have the right to vote in person or by proxy. All proxies shall be executed in writing by the member or by his duly authorized attorney -in -fact and shall be filed with the Secretary. No proxy shall be valid after eleven (11) month from the date of its execution, unless otherwise provided in the proxy. 8. Quorum. The presence at a meeting of members entitled to cast, or of proxies entitled to cast, fifty-one percent (51 %) of the votes of the Association on the basis of common area ownership shall constitute a quorum for any action, except as otherwise provided in the Declaration or these Bylaws. If, however, such quorum is not present or represented at any meeting, the members present and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. If adjournment extends thirty (30) days past the originally scheduled meeting date, notice of the date on which the adjourned meeting is to be reconv"Mt given as herein provided. RECUVEL JUN 14 21119 JUN 2 5 2019 DCM WILMINGTON, NC DCM-MHD CITY I MUC, 2270 0731 9. Voting Required to Transact Business. When a quorum is present at any meeting, a majority of the votes entitled to be cast by the members present or represented by, proxy shall decide any, question brought+ before the meeting unless the question is one upon wfiizh. 6y, express, provision of the Declivatton or these Bylaws, a different vote; is required, in which -case ! such express provision shall govern and controb the decision) of such question. 10. O'r&r, of Business: Tile order of+business at annual members? meetings and as far as practical at other members' meetings, will ba: A. Roll call and -certification of proxies, B. .F.roof'of notice.of-meeting-or-•waiver of notice; C. Reading "of minutes of`prior meeting; D., ;Officers' reports; -E. Committee reports; F. A pointmenf ti rCii irman� of Ins actors .of Election PP _ _ _ _ yl p , 1 G. Approval of-budget,,if-requtred; H. Elections of directors -and offleersf I. Unfinished business; J. New business; K. Adjournment. ARTICLE IV BARD OF DIRECTOR 1 1. Number. The -affairs of the Association shall be managed by a Board of Directors consisting, of three (3) direct6rs. The three directors shall each be unit owners of thei condominium. Uniil sixty per cent (60%) of the units are sold,.the Developer shall have the right to select the Directors. 2: Term: The term of oi&e of a director selected' by'the Developer "shall be: one year. The term of, office of a director selected, liy unit owners shall be, two years. 3; Nomination and Election. Nomination for election to the Board of Directors shall be made .by a Nominating Committee: Nominations may also be made from, the floor at the annual meeting. They Nominating _Coft miitee, hall' consist of'a .Chairman; .who shall .be..a 3 COOK PACE 2270 0732 member of the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members only. Election to the Board of Directors shall be by voice vote unless secret written ballot is demanded by the owners of at least 50% of the votes of all Association members. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. 4. Vacancy. Any vacancy occurring in the Board of Directors by reason of transfer of ownership, death, resignation, retirement, disqualification, removal from office or other reason, may be filled by the remaining Board of Directors. A director appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. 5. Removal. Any director may be removed from the Board of Directors, with or without cause, by a majority vote of the total membership of the Association. 6. First Board of Directors. The first Board of Directors shall consist of those named in the Articles of Incorporation of the Association. The first Board of Directors shall serve until the first annual meeting. 7. Compensation. No director shall receive compensation for any service he may render to the Association in his capacity as a director. However, each director shall be reimbursed for actual expenses incurred in the performance of his duties. 8. Powers. The Board of Directors may exercise all corporate powers not specifically prohibited by statute, the Articles of Incorporation or the Declaration to which these Bylaws are attached. The powers of the Board shall specifically include, but not be limited to, the following: a. To make and collect regular and special assessments and establish the time within which payment of such assessments are due. b. To use and expend the assessments collected to maintain, care for, manage and preserve the units and condominium property, except those portions thereof which are required to be maintained, cared for and preserved by the owners. c. To insure the common areas and facilities of the condominium project in the manner set forth in the Declaration against loss from fire and other casualty, and to insure the unit owners against public liability, and to purchase such other insurance as the Board may deem advisable. d. To employ and compensate such personnel as may be required for the maintenance and preservation of the property. e. To make and amend rules and regulations governing the use of�� d RECEIVED Jl1N 14 2019 JUN 2 5 Z019 DCM WILMINGTON, NC BOOK PAGE 91 7.01 Q733. areas and -facilities -and -the conduct of the unittoowners; their tenants and.;ghe' To aFqu!re,,:rent_or lease a condamtntgm unit in the name -of the Association, or its designee. g. To connect for management of thecondominium project and to delegate to such manager, employee on contractor alb powers' and duties of the Association exMpt-those specifically required by the Declaration to have specific approval of the Board of Directors or the, membership of the Association. h. To enforce the provisions: of these Bylaws, the, Declaration and the rates and regulations promulgated thereunder by any, legal means; including the denial, of a unit owner's right to use the common areas, and, facilities and assessment of penalties as defined in the ecl Daration. i. To designate; as the Board deems. appropriate; assigned parking spaces for seen unit,, visitors, service vehicles, and other vehicles. t To'propose=and adopt_an itn'nual flu lget for the -property:, ARTICLE V MEETINGS OF DIRECTORS 1. Regular Wetings: The firsts regular, meeting of each newly elected Board of Directors shall be, held immediately, upon' adjournment of the meeting at which theyi were, elected, provided a quorum is present, or as soon thereafter as maybe practicable. Subsequent regular meetings.of the Boardof Directors.shall be held, at such placer and hour as may tie fixed from time to time bye resolution of the Board; after not less. than three (3) days notice to each director. 2. Special Meetines, Special meetings of the:Board of Directors shall. be held when called by the President of thel Association, or by any, one (1) director, after not less than three (3) days notice to each director. 3. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of liusihes "s, The act of the majority of, tde Directors present at.a meeting. at. which a quorum is -present shall be regarded as the.act.of the Board. 4. Waiver of Notice; Attendance of a -director at any meeting shall constitute. waiver of notice of the meeting except where a director attetids a meeting for the express purpose of objecting to the transaction of any business because the; meeting is not lawfully called or convened. If a meeting of directors otherwise valid is held without proper call' or notice, action taken at such a nieetink is, deemed ratified by a director who did not attend unless promptly, after having knowledge of the -action taken and of the -impropriety in question, he files with the Secretary of the Association his written objection to'the holdi"' of the meeting or to any specific action so taken. `" 0001S PAGE 2270 0734 5. Action Without a Meeting. Any action taken by a majority of directors without a meeting is nevertheless effective if written consent to the action is obtained from all the directors and filed with the minutes of the proceedings of the Board, whether done before or after the action so taken. 6. Attendance by Telephone. Any director may participate in a meeting of the Board, by means of a conference telephone or similar communications device which allows all persons participating in the meeting to hear each other. Such participation by a director in a meeting shall be deemed presence in person by the director at such meeting. ARTICLE VI QFFICERS AND THEIR DUTIES 1. Executive Officers. The executive officers of the Association shall be a President, Vice -President, Secretary and Treasurer, all of whom shall be elected annually by the Board of Directors from the membership. Any two offices may be held by the same person, except the offices of the President and Secretary. 2. Special Officers. The Board of Directors may from time to time elect such other officers as the affairs of the Association require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may prescribe. 3. Term. The executive officers shall hold office for one year, unless they resign or are replaced. 4. Removal or Resignation. Any officer may be removed from office with or without cause, at any time, by action of the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of the notice, unless a later time is specified therein. The acceptance of the resignation shall not be required to make it effective. 5. Vacancy. A vacancy in any office may be filled by the Board of Directors. An officer appointed to fill a vacancy shall serve for the unexpired term of the officer he replaces. 6. Duties. The duties of the officers are as follows: a. President. The President shall preside at all meetings of the members and board of Directors; shall have general and active management of the business of the Association; shall see that all orders and resolutions of the Board are carried into effect; shall have general superintendence and direction of all the other officers of the Association and shall see that their duties are performed properly; shall be an ex-officio member of all committees, and shall have the general powers and duties of supervision and management usually vested in the office of the president of a corporation. b. Vice -President. The Vice -President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, €E>�IlEexercise ani"fie YES 6 JUN 14 2019 JUN 2 5 2019 DCM-M►ID CITYDCM WILMINGTON, NC EOOK PAGE 2270 0735 suchTotherduties as may lie -prescribed. -by itic=Board-: c. errs The Secretary `shall record the notes.and keep the —minutes —of all meetings oftte members and:ofthe-Board:of Directors in -,one -or more books provided for than Bylaws. or as. required by law; ' are,=folly given! m accordance ,with the provisions of theses u ose, shall see that all notices shall be:custodian-of the Association's=records and ofthe seal of She Association an&shallIsee tharthe_seal of the Association°is affxed to all' documents:requiring said seal;; shalli keep; the records -of th'e Association; except those of the Treasurer; and ins ,general, shall -perform --all duties as -from time"to=time may be assigned: to him by the Presidents or by the Board of-Directoi••s_: d. Ireasurer. Tfie'Treasurershall'receive_and-deposit_all_monies and other property of -the Ass ociation.in-such=depositories as=maybe=designated-by didBoard•, shall keeps proper'books of account; shall -disburse the funds of the Association as.ordered-by: the Board; taking proper vouchers for such disbursements; and shall render to•the President and Board of Directors, -or whenever they may require it, iari'account of all his transactpns as, Treasurer and s of the financial condition _of the Association which records shall be open to inspection by members at.reasonable ttmes;_shall, if - required give the Association at the Association's -cost; a bond satisfactory to the Board,_W, the faittiful.performance_of the -duties -of his -office, and the - _ restoration to the -Association; in--case-of his -death, resignation or removal -from office;_of all books, papers, vouchers, money or other property of whatever kind in his:possession belonging to-the.Asspccation;=shall prepare an -annual budget.and.sta-tement of income and expenditures to be presented to the members: artheir regular annual meetin shall'; wid'the.-approval of -the _ "I Board,, be authorized to; delegate all or part of his• responsibilities to competent accounting, collection" -or management -personnel, but in such event,. the Treasurer shall :retain supervisory responsibilities; and,,in general; shall perform all dutiesi in_c_Iidenf to the.office_of Treasurer, and assigned' to him by; the i- esident:or the Boazd: 7. Indemnification. Any person other.tfan one with -whom the -corporation has ! �I contracted for the-managementof the-condommium project o� any portion thereof; who at any, time serves or has served as a director, officer; employee -or agent of the corporation, or:insuch capacity at the request_of the corporation -for any_other corporation; partnership, joint venture,IrUt rise, shall e dor"biatio-ri to rp zact bncsur incurred bye h mnst ( in on- ----- csonableonnection wtpp any. threats ed penattorneys ror coin llatedand- t on esu la. proceeding; whether criminal; admtni_strative or investigative, and whetherro- notlirougl t.by or on behalf of the corporation; seeking to Bold him liable by reason of the fact that he -is or was acting -An such capacity, and (b) reasonable payments made' by; him iq satisfactioii, of`any judgment,,. money decree; fine; penalty., of settlement for _which he may become liable in any , such action, suit or -proceeding. The Boazd ofDirectors of the corporation shalf take all such action as-mayCbe necessary, _. _ _ and,appropriate to authorize the corporation to pay them .qmm iication:required by this Bylaw; including without limitation, to the extent:needed, making a good faith evaluation:ofthe manner, in which -the claimant for indemnity acted and, -of the reasonable amouht of indemnity due him and giving notice to; and.obtainirig-approval by', members -of -the corporation: 7 000K PAGE 2270 0736 Any person who at any time after the adoption of this Bylaw serves or has served in any of the aforesaid capacities for or on behalf of the corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this Bylaw. 8. Fidelity Bond. The Association may provide blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. A management agent that handles funds for the Association should also be covered by its own fidelity bond. Except for fidelity bonds that a management agent obtains for its personnel, all other such bonds shall name the Association as and obligee and their premiums shall be a common expense and paid by the owners' Association. The fidelity bond shall cover the maximum funds that will be. in the custody of the owners' Association or its management agent at any time while the bond is in force. In addition, the fidelity bond coverage must at least equal the sum of 3 months' assessment on all units in the project, plus the Association's reserve funds. The bonds must include a provision that calls for 10 days' written notice to the Association, any insurance trustee, or any servicer that services a FNMA -owned mortgage in the condominium project, before the bond can be canceled or substantially modified for any reason. ARTICLE VII COMMITTEES The Board of Directors shall appoint a Nominating Committee and such other committees as they may from time to time deem appropriate. ARTICLE VIII MAINTENANCE 1. Association's Maintenance Responsibility. The Association, as a common expense, shall be responsible for the maintenance, repair and replacement of the common areas, limited common areas and facilities, and for any incidental damage caused to any unit by virtue of such maintenance, repair and replacement. The Association shall have the right to make alterations or improvements to the common areas and facilities and to assess unit owners for the same, provided these alterations are without prejudice to any unit owner and are approved by the Board of Directors; provided, further, that if any alterations or improvements are exclusively or substantially for the benefit of a small fraction of the unit owners who request the same, then the cost of such alterations or improvements shall be assessed against the unit owners benefitted in such proportion as the Board of Directors determine. Any unit owner, or their guest or assigns, who damages the commom areas or limited common areas, the unit owner will be responsible for the cost of the repair of said damage. 2. Unit Owners' Maintenance Responsibility. Each unit owner shall be responsible for all maintenance and repair work within his unit, including, but not limited to, RECEIVED JUN 2 5 2019 �019 DCM-MHD CITPCM WILMINGTON, NC BOOK PAGE 2270 0737 plumbing, air cogdittoriing and' heating equipment, appliances, interior .wall and ceilings; ., surfaces, floors, exterior doors, and windows. Each unit owner is also responsible for tree in P g all parts of the unit ih good, clean and' safe condition, free of, nuisance and for promptly complying with any requirements of the insurers of the common areas and facilities when -so requested by the Boards or the managei . Each unit owner is further responsible for any lossi or damage to the, common areas and facitities.occasioned by his acts or by the acts' of his family, guests, employees or agents, provided; that if such loss or damage is covered by..any insurance tnaintaiued by the Association, the proeeeds of the insurance shall be used for such maintenance; repair., or replacement -and the=unit owner shall only lie fequiied to pay, the amount:by which the deductible:., Thei unit -ow er's maintenance responsibility must b Pexecised promptly, i ffa any, costs of maintenance re air, or replacement exceed the insurance proceeds, -including if failure to undertake such maintenance and repair would endanger or impair the value of the common areas; and, facilitiesior die -other units= may maintenance make the ressociion's� Right to Repair. Should a� unit owner fail to comply with tliej pa it responsibilities,, the A"ssociattice ton, upon written noto the unit owner, y ..___ _q_ ed repair and assess, the unit owner for the expense. 4. Apnrova!-of Payment -for Repairs: The Board of Directors or the manager shall establish a mechanism for approving payment for the expenses of inaigtainiffg; repairing, and replacing the common areas and facilities. ARTICLE IX ASSESSMENTS 1. Annual ANsessments. The Board of. Directors of the Association shall establish a proposed annual budget for each fiscal year in advance of the annual meeting. This; budget shall project all common expenses ,far, the forthcoming year required for the proper operation, ror Deed bud' a an& s delivered ci each mum project, including a reasonable ie of the ance fporP contingencies and reserves. At least ten days prior to the annuah meeting, copies of the management's anmaintenance of the condominium ember of the Association, together with the - - proposed assessments against each unit. At -the annual meeting, the N. get shall be submitted to the membership for approval. AW approved, the, budget shall constitute the: basis for all regular.assessments for common expenses against unit owners. Should the Board of Directors t at any time determine, in its sole discretion; that the assessments levied are, or. may prove to be; insufficient to pay the costsof operation and managemenrof the condominium project, the l l Board of Directors shall have the authority to levy such additional assessments as may be necessary, not to exceed_a fifteen percent (15%) increase -over the previous year-'-s assessment, '. without approval of the membership. Any, increase in the annual assessments of greater than, fifteen percent (15 %) •shallrequire approval of the membership. 2. Capital Improvements. The Board of pirectors; of file Association; in establishing; the annual budget for operation, management, and maintenance of .the condominium, may designate therein a sum to be collected and maintained as a reserve fund for replacement of and capital improvements to, the; common areas and facilities; which, capital improvements and, replacementfund (capital improvement fund) shall be subject to the approval of the, membership a `001 PAGE ? 2 7 0 0736 at the annual meeting. The amount collected for the capital improvement fund shall be maintained in a separate account by the Association and shall be used only to make capital improvements to common areas and facilities. Any interest earned on monies in the capital improvement fund may, in the discretion of the Board of Directors, be expended for current operation and maintenance. Each initial purchaser of a unit will pay a working capital contribution equal to two (2) months unitowners association dues, at closing. 3. Apportionment of Assessments. Assessments shall be apportioned among the unit owners on the basis of their proportionate undivided interests in the common areas and facilities, as set forth in the Declaration. 4. Unit Owner's Interest in Assessments. All assessments collected by the Association shall be treated as the separate property of the Association, and such monies may be applied by the Association to the payment of any expense of operating and managing the condominium project. As monies for any assessment are paid unto the Association by any owner of a unit, the same may be co -mingled with monies paid to the Association by the other owners of units. No member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest in the monies collected by the Association, except as an appurtenance to his unit. When the owner of a unit ceases to be a member of the Association by reason of transfer of ownership of the unit, the Association shall not be required to account to the owner for any share of the funds or assets of the Association which may have been paid to the Association by such owner. 5. Time of Payment. Assessments shall be payable in annual, monthly or other installments, as determined by the Board of Directors. 6. Default. Assessments shall be in default if not paid within thirty (30) days of the due date. Delinquent assessments shall bear interest at the maximum permissible legal rate until paid and late fees assessed by the Association. Any unit owner in default shall be obligated to pay such interest and late fees, together with all costs of collecting such assessments, including reasonable attorney's fees. 7. Remedies for Default. If an assessment against a unit owner is not paid when due, the unpaid assessment shall constitute a lien against the unit and its appurtenant undivided interest in the common areas and facilities, which lien shall secure the unpaid assessment, and interest thereon, any expenses incurred in collecting the assessment, and any advances for taxes, and payments on account of superior mortgages, liens or encumbrances required to be advanced by the Association in order to preserve and protect its lien. This lien shall be enforceable from the time it is filed in the public records of New Hanover County, North Carolina in the manner provided by Article 8 of Chapter 44 of the North Carolina General Statutes. The lien maybe foreclosed in the manner provided by North Carolina General Statutes 47A-22 and, in any such foreclosure proceeding, the Association shall be entitled to collect a reasonable rental for the unit from the unit owner and to appoint a receiver to collect the same. In addition, and without waiving its right to foreclosure, the Association shall have the right to maintain a suit to recover unpaid assessment or to exercise any other remedies provided in these Bylaws and the Declaration. RECEIVED RECEIVED to JUN 2 5 2019 :% 1 4 2019 DCM-MHD CITPCM WILMINGTON, NC BOOK PAGE 2 2 T 0 Gi739 81. Foreclosure. The Association shall have the power to bid on the, unit at =the 9foreclosure sales and to acquire and hold, lease, mortgage, andii convey the same. If 1the, Association becomes thei owner. of,a: unit by' reason of foreclosure; it shall offer said unit for sale: At such time as, a sale is consummated, the Association shall deduct from the proceeds of said sale all sums, of money due it for assessments and charges, the costs incurred' io trig t&ging•i of the fofeclosure suit, including reasonable attorney's fees; funds necessaryi to discharge any:i liens or mortgages of record; and any and all: expenses incurred, in the resale of the uoit,_whidli shall include, buf not=tie limited! to, advertising expenses; real:estate brokerage fees and expenses necessary,for the. repairing and refurnishm of the unit in question. All surplus monies returned to, the former owner of the subject u f expenses, costs and other deductions shall be P g g remaining after deducting the fore oin items o nit, or, paid to the, Clerk of Superior Court in accordance with the general mortgage foreclosure laws of Nofth Carolina; 9. Liabilfty, of Purchaser at Foreclosure Sale. When the mortgagee of a first nortg"a'ge of record or other purchaser of a unit obtains title,.to; the, unit -as a result -of foreclosure of'rthe first -mortgage, such purchaser, his suecessors and assigns, shall not be liable for die share of common expenses or assessments chargeable ib such unit ;which became .due prior to the acquisition of title to the unit -by suchmpurchaser. The unpaid share of the, common expenses or assessments shall be absorbed and paid sy the owners ofall the units, including the purchaser, his successors and asstgas„ as common expenses on the basis of their proportionate interest in the common areas and facilities. 10. Liabilay of Grantee inNoluntaly, Conn In -any voluntary; convey"_apce of a+ unit, the purchaser shall be jointly, and sevgially, liable with the seller for all unpaid assessments against the seller ,up to the timeof the.granvor conveyance; without prejudice:to the purchaser's right to .recovers from °the seller the amounts paid by the pureha'sei therefor. -11. Notice of Unpaid Assessments to Prospective Purchaser. Tenaht or Mortea ee. Whenever any, unit is leased, 'sold, or mortgaged by the owner thereof, the l'oardi of Directorsi or the manager, upon;written request of the unit owner., shall furnish to .the proposed purchaser, tenant or mortgagee; a statement verifying the amount of unpaid! assessments chargeable to the; unit. The purchaser, ti: * or mortgagee may rely, upon sueh (statement in concluding thei proposed purchase; lease or mortgage transaction, and they Association shall be bound by such statement. M 12, Common Profits. If, in any year, there is an excess of assessments and 6 er income over common expenses; 'the excess (common profits) shall, unlessotherwise;determined by the -Board of Directors, be applied to payment of the next year's assessments. ARTICLE X FINANCES 1 Checks. All checks and notes of the Association shall -be -signed by. the President; ._-. Vice President, Secretary'of Treasurer ,or by siicl other persons! as :the Board of Directors designate. 2. pe osit r . The Association shall deposit its moniTdpi�uch bank or banks as the Board of Directors designate. 00N PAGE ARTICLE Xi 2 2 7 0 0 7 4 0 RECORDS 1. Receipts and Expenditures. The Board of Directors or the manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities and any other expenses incurred. Both said book and the vouchers accrediting the entries thereupon shall be available for examination by all unit owners, their duly authorized agents and attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good and accepted accounting practices. 2. Other Records. The Board of Directors or the manager shall keep correct and complete books of records of account, minutes of ttte proceedings, and a record of the names and addresses of the members entitled to vote, which latter records must be kept at the Association's principal office. Any member, his agent or attorney may examine these books and records for any proper purpose at any reasonable time. 3. Inspection of Records. The Association shall make available to unit owners, lenders, holders, insurers or guarantors of any first mortgage, current copies of the Declarations, Bylaws or other rules concerning the project and the books, records and financial statements of the Association. Available means available for inspection upon request during normal business hours and under reasonable circumstances. Furthermore, upon written notice, any holder of a first mortgage on any unit of the condominium project shall be entitled to a copy of the Association's financial statement for the immediately preceding fiscal year. 4. Request for Notice. Upon written request to the Association, any mortgage holder, insurer or guarantor will be entitled to timely written notice of (a) any condemnation or casualty loss that affects either a material portion of the project to the unit securing its mortgage, (b) any sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds the mortgage, (c) a lapse, cancellation or material modification of any insurance policies or fidelity bond maintained by the Association, (d) any proposed action that requires the consent of a specified percentage of mortgage holders. ARTICLE X11 RULES AND REGULATIONS The Board of Directors shall have the right to enact administrative rules and regulations regarding the use of the common areas and facilities and conduct of the members and assess fines for infractions. RECEIVED RECEIVED 12 JUN 2 5 2019 JUN 14 2019 DCM-MHD CMPCM WILMINGTON, NC BOOK PAGE 2 ARTICLE XIII AMENDMENT i These gylaws; may be amended at a duly called meeting of the members, .following an affirmative vote on the amendment-byy a majority of the Board of Directois. The nci&z of the members' meeting shall contain a full statement:of the.proposed amendment., Amendments must be approved.by auaffirmative vote of a -majority of the votes of all Association' Members; voting � iil person dr sy proxy. No_ amendment shaill become operative until its has been set forth in an amended declaration and -duly recorded in -the' office of, the Register of Deeds cif -New Hanover i County, North Carolina. All unit owners shall be bound to, abide by, any amendment upon the ,same.being passed and duly -set forth in an.amended:declaration, duly recorded. The, foregoing were adopted, as the Bylaws of the THE PALMS! UNITOWNERS. ASSOCIATION, INC., a non-profit"corporation dnd& the laws of the State of North Carolina, at. the first meetpgi of the Board of Directorsr Certified to bd correct, this the _LO_4�_ day of /'V O''t/ewi 6 e r 1997. It 3:. 141 EXHIBIT '.. BK:RB6213 IIIIII�IIfIII�IIIIIIIIII PG:6N-543 2019013179 KMEfram 05.W2n. 508-2018 NEW NA COUNTY, NC STATE OF 0/:07:08 PM TAMIY TNiIISCH BEASIEY TH W aTx S1.1ATE F3ixfaum a..BTSP IE%E gEaa OFOEEOa ME w NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,414.00 Parcel Identifier No. R05715-002-012-00/ Verified by County on the _ day of . 20 This instrument was prepared by. Fuse law Firm PC, without title examination or certification Brief description for the Index: UMT A. The Palms Condominium THIS DEED made this (0-m day of AW j , 204, by and between GRANTOR Keith M. Beatty, unmarried 1120 Ullswater lane Wilmington, NC 28405 UKAN'IM Sham Kiviat 60 Pelican Drive qA Wrightsville Beach, NC 29480 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. The designation Gramm and Gram ss as used herein shall include said parties, theirbeirs, successors, and assigns, and shall include singular, plural, masailine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Granme, the receipt of which is hereby acknowledged, has andby these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the.City of Wilminkiton Township, New Hanover County, North Carolina and more particularly described as follows: BEING all of Unit A, The Palms Condominium as the saw is shown on the plats thereof, recorded in Unit Ownership Book I I Pages 114 to 115,New Hanover County Registry, reference to said map being hereby made for a more particular description. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2271 page 490 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Gramm. A reap showing the above described property is recorded in Plat Book I I page 114 Pegs 1 of 2 NC Ba ANodeGm Pam Na 1 O 1976. Revbed O 1977.2d0; 2013 ]bl. saode farm hew Gan approved by. PrmNd by Ag..t with the NC By ANodedoo -1981 r Nosh Cemaea Bar All.i91oe-NC Bar F. No 3 Return to: a ..hffFi�r4RrJ RDvC�EI�S ObW RECEIVED JUN 2 5 2019 RECEIVED DCM-MHD CITY JUN 14 12019 DCM WILMINGTON, NC TO HAVE AND TO HOLD the aforesaid lot otparcel ofland and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Granter, that Grantor 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 Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book 2270, Page 706, New Hanover County Registry. 2019 ad valorem taxes. - IN WITNESS WHEREOF, the Grantor has duly executed the foregoing ash of the day and you first abo_vee w�ritt'en. LL`�"� / /• 4! Ls(SEAL) (Entity Name) PrintrIWe Name: Keith M. Beetl unmarried Print/Type Name & Title: Print/T)pe Name: Print/type Name & Title: Pmu ype (SEAL) Name & Title: Printl'lype Name: State of North Carolina - County orCityof New Hanover L the undersigned Notary Public of the County or City of New Hanover and State aforesaid, certify that Keith NC Beatty, unmarried personally appeared before me this day and acknowledged the due don of the foregoing instrument for the purposes therein ex�ressed. Witness my hand and Notarial stamp or seal this._ day of 9 -'g. Z� Notcry Public My Commission Expires: New Hanover Cot (Affix Seal) S MY Commission Exi State of North Carolina - G I, the undersigned Notary Public execution of the foregoing instrument for the ptuposes therein expressed. Notary's Printed or Typed Name _ and State aforesaid, certify that r appeared before me this day and acknowledged the due my band and Notarial stamp or seal this _ day of My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that -he is the of a North Carolina or corporatiooAimited liability company/general parmership/hmited partnership (strike through the inapplicable), and that by authority duly giveP and as the act of such entity, --he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp m seal, this _ day of . 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name Page2of2 NCB.AssariM.Fm Na. 301976,ReAod01977,2002,2013 Ihisstavdmdfmmhasbeeoapproed by: Primedby Ag.e twiWthe NCBm'Associadon-1981 North C.U.Bar Msaiedoe—NCB.Pa Nm3 0 �ORTY. BEASLEY New Hanover County e` '1£ Register of Deeds R f D d e6RWLCr o ee s 320 CHESTNUT ST SUITE 102 • WRMNGTON, NORTH CAROLINA 28M Telephone 9I0.798.4630 • Fax 910.798-7716 �11i'L�Y State of North Carolina, County of NEW HANCVER Filed For Registration: 05/06/2019 04:07:08 PM Book: RE 6213 Page: 541-543 3 PGS $1,440.00 Real Property $26.00 Excise Tax $1,414.00 Recorder: STEPHANIE PEREZ Document No: 2019013179 u a a a u a a a a a• u a a„a, u u u u, u a u a, a �, N a a a a ........ a, a,,,,, u„u a u„u u, a, a •„u a• u u, a r, u• u• a u n DO NOT REMOVE! This w iwtlm ahset Is a vital Part of your recortl d aocuvent. Plow raisin with original domusnt and sut•it Man ra-iemrdinq. RECEIVED JUN 2 5 2019 RECEIVED JUN 14 2019 DCM-MHD CITY DCM WILMINGTON, NC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: WE HAVE NOT PROVIDED ANY TAX I WE HAVE PREPARED THIS INSTRUM EXAMINED TITLE TO THIS PROPERTY THE TITLE OF THE PROPERTY CONVE WE DID NOT ACT AS SETTLEMENT A AND THEREFORE HAVE NOT AND W PREPARED BY AND RETURN TO: Richard T. "Chip" Rodgers, Jr. The Rodgers Law Firm, PLLC 1213 Culbreth Drive Wilmington, NC 28405 THIS DEED made and entered into 0 KIVIAT, an unmarried man, 60 Pelica GRANTOR and said designation of th masculine, feminine or neuter as req SERIES, PO Box 1216, Wrightsville BE designation of the term GRANTEE as assigns, and shall include the singula BIT C : RE1 6213 HIIBIINI1IIIII1IIIn 11111II )Roeo-552. 2019013181 )6-2019 NEW HANOVER COUNTY, NC )7:10 PM TAMMY THEUSCH BEASLEY iTEPHANIEPEREZ REGISTrROFDEEDS NC FEE $29.00 CAROLINA GENERAL WARRANTY DEED IN CONNECTION WITH THE PREPARATION OF THIS DEED USING THE LEG L DESCRIPTION PROVIDED AND HAVE NOT D, THEREFORE,; XPRESS NO OPINION AS TO THE QUALITY OF 1 HEREIN. :NT IN CONNECTION WITH THE CONVEYANCE HEREIN DESCRIBED - NOT ISSUE TAX R PORTING DOCUMENTS. is the ��day of i Drive, #B, Wrigh term GRANTOR z wired by the Conte ach, NC 28480, he used herein shall plural, masculinf 60 Pelicarj Drive — Unit B — Page 1 I.D. No.: R05715-002-012-002 Stamps: $0.00 2019, by and between SHAUN ellle each, NC 28480, hereinafter referred to as used herein shall include the singular, plural, and SKIV HOLDINGS, LLC, SERIES S. PELICAN B inafter referred to as GRANTEE and said :lude said parties, their heirs, successor and feminine or neuter as required by the context. Warranty Deed WIT NESS,ETH: The GRANTOR, for valuable consider'ion paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has and by th se presents does giant, bargain, sell and convey unto the GRANTEE in fee simple, all that certa n lot or parcel of lad situated in New Hanover County, North Carolina and more particularly descri ed as follows: BEING ALL OF UNIT B, THE P LMS CONDOMINIU'VIS AS THE SAME IS SHOWN ON THE PLATS THEREOF, RECORDED N UNIT OWNERSHIP BOOK 11 AT PAGES 114 TO 115, NEW HANOVER COUNTY REGISTR , REFERENCE TO WINCH IS MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TO THE DECLARATI N OF UNIT OWNER HIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE P LMS CONDOMINI MS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HA OVER COUNTY RE ISTRY. (1105715-002-012-002) 60 PELICAN DRIVE, UNIT B WRIGHTSVILLE BEACH, NC 2 480 (ozl 3 The prop rty herein above described was acquired by G ANTOR by instrument recorded in Book _ at Page �ftheNewHanoverCoun Registry. TO HAVE AND TO HOLD the aforesai lot or parcel of Ian together with all rights, privileges, easements, tenements and appurtenances there o belonging unto tf Ie GRANTEE in fee simple. And the GRANTOR covenants with th GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in a simple, that title is marketable and free and clear of all encumbrances, and that GRANTOR w 11 warrant and defend the title against the lawful claims of all persons whomsoever except for the xceptions hereinafter stated. Title to the property hereinabove des ribed is subject to the following exceptions: THIS PROPERTY IS SUBJECT TO AD VA OREM TAXES. THIS PROPERTY IS CONVEYED AND A EPTED SUBJECTTO ALL EASEMENTS OF RECORD AFFECTING SAID PROPERTY. THIS PROPERTY IS CONVEYED AND A EPTED SUBJECT TO THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL ZO ING, DEVELOPMENT, BUILDING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF AT LEAST ONE OF THE GRANTOR(S) PURSUANT TO N.C. PEN. STAT. 105-317.2. 60 Pelican rive— Unit B — Gegeral Warranty Deed Page 2 of 3 RECEIVED JUN 2 5 2019 JUN 14 2019 DCM WILMINGTON, NC IN WITNESS WHEREOF, the written. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Richard T. Rodgers, Jr., Notary Pub GRANTOR personally appeared befo instrument. Witness my hand and official stamp (SEAL OR STAMP) My commission expires: 9/30/2023 60 Pelican has hereunto set: SHAUN hand and seal the day and year first above of the county ani State aforesaid, certify that SHAUN KIVIAT, me this day and acknowledged the.execution of the foregoing i i seal this EE + ay of 2019. NOTA PUBLIC: Richard T. Rodgers, Jr. ICHARD T. RODGERS, JR Dtary i Ubllc, NorWCsrolina No WW Hanover County My Commlaalon Expires i I i i — Unit B — General Warranty Deed Page 3 of 3 TAMMY THEUSCH Ne` BEASLEY Register of Deeds n 320 CHESTNUT ST S State of Filed For Book Real This certification sheet is a vital part of when re-recording. gNTY.��� Hanover County z = Oster of Deeds s 2 i T 102 • WILMINGTON, NORTH CAROLINA 28401 )ne910-798-4530 • Fax 910-798-7716 eisNcr Carolina, County of NEW HANOVER ;tration: 05/06/2019' 04:07:10 PM RB, 6213 Page: 549-552, 4 PGS $26.00 Pro}Derty $26.00 Lecorder: STEPHANIE PEREZ iment No: 2019013181' xx*4x ix;x++##w+w;;xx#+#+x**•x�xxxxx4###+w##xxx;;*w#x#xw#xxx####+4# DO NOT REMOVE! mr recorded document. Pleased retain with original document and submit :EJVED RECEIVED 25 2019 JUN 14 2019 HD CITY DCM WILMINGTON, NC f Imo(/ EX IBIT.D IIIII�NNIIdNNiIINIIIIINIIIIIIII SK: RB 6213 PG: 557,60 RECORDED: 2019013183 RC PEE $26.00 05-06-2019 NEW HANOVER COUNTY, NC 04:07:12 PM TAMMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGSTER OF DEEDS DEPUTY STATE OF NORTH CAROLINA NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: WE HAVE NOT PROVIDED ANY TAX ADVICE IN CONNECTION WITH THE PREPARATION OF THIS DEED WE HAVE PREPARED THIS INSTRUMENT USING THE LEGAL DESCRIPTION PROVIDED AND HAVE NOT EXAMINED TITLE TO THIS PROPERTY AND, THEREFORE, EXPRESS NO OPINION AS TO THE QUALITY OF THE TITLE OF THE PROPERTY CONVEYED HEREIN. WE DID NOT ACT AS SETTLEMENT AGENT IN CONNECTION WITH THE CONVEYANCE HEREIN DESCRIBED AND THEREFORE HAVE NOT AND WILL NOT ISSUE TAX REPORTING DOCUMENTS. PREPARED BY AND RETURN TO: Richard T."Chip" Rodgers, Jr. Parcell.D. No.: R05715-002-012-003 The Rodgers Law Firm, PLLC 1213 Culbreth Drive Revenue Stamps: $0.00 Wilmington, NC 28405 THIS DEED made and entered into this the it day of AA-t. 2019, by and between SHAUN KIVIAT, an unmarried man, 60 Pelican Drive, #B, Wrightsville Beach, NC 28480, hereinafter referred to as GRANTOR and said designation of the term GRANTOR as used herein shall include the singular, plural, masculine, feminine or neuter as required by the context and SKIV HOLDINGS, LLC, SERIES 6. PELICAN C SERIES, PO Box 1216, Wrightsville Beach, NC 28480, hereinafter referred to as GRANTEE and said designation of the term GRANTEE as used herein shall include said parties, their heirs, successor and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by the context. 60 Pelican Drive — Unit C—General Warranty Deed Page 1 of 3 WITIN ESSETH: The GRANTOR, for valuable consideration paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: BEING ALL OF UNIT C, THE PALMS CONDOMINIUMS AS THE SAME IS SHOWN ON THE PLATS THEREOF, RECORDED IN UNIT OWNERSHIP BOOK 11 AT PAGES 114 TO 115, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECTTO THE DECLARATION OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PALMS CONDOMINIUMS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HANOVER COUNTY REGISTRY. (R05715-002-012-003) 60 PELICAN DRIVE, UNIT C WRIGHTSVILLE BEACH, NC 28480 Gz)l The pro erty herein above described was acquired by GRANTOR by Instrument recorded in Book _ at PageA�f the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land together with all rights, privileges, easements, tenements and appurtenances thereto belonging unto the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR 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 GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: THIS PROPERTY IS SUBJECTTO AD VALOREM TAXES. THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO ALL EASEMENTS OF RECORD AFFECTING SAID PROPERTY. THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL ZONING, DEVELOPMENT, BUILDING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF AT LEAST ONE OF THE GRANTOR(S) PURSUANT TO N.C. GEN. STAT. 105-317.2. RECEIVED 60 Pelican Drive — Unit C— General Warranty Deed Page 2 of 3 JUN 2 5 2019 DCM-MHD CITY RECEIVED JUN 14 2019 DCM WILMINGTON, INC IN WITNESS WHEREOF, the GRANTOR has hereunto set their hand and seal'.the day and year first above written. (SEAL) SHAUN KIVIAT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER j I, Richard T. Rodgers, Jr., Notary Public of the county and State aforesaid, certify that SHAUN KIVIAT, GRANTOR personally appeared before me this day and acknowledged the execution of the foregoing instrument. i Witness my hand and official stamp or seal this dray of 2019. NOTARY - BLI i and T. Rodgers, Jr. (SEAL OR STAMP) My commission expires: 9/30/2023 RICHARD T. RODGERS, JR Notary Public, North Carolina New Hanover County My Commission Expires Septeinber30,2023 60 Pelican Drive —Unit C—General Warranty Deed Page 3 of 3 I GopNTY,N TAMMY'THEUSCH o o� BEASLEY New Hanover County Register of Deeds o Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 aei,iNiri �)NTY �91 3 12 C' fftf Httffi*fH#tlH ftt4f rttl Rfffiiftt ttR4Rttf Yf tt ltfff4tf if*4rtrtRffffiti H 4#f tY ff *f *tt4ttffiiH H#f tf*ftYf**t State of North Carolina, County of NEW HANOVER Filed For Registration: 05/06/2019 04:07:12 PM Book: RB 6213 Page: 557-560 4 PGS $26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2019013183 *i###*#tikfkftf##4#*44}fffftf#t#*t#4#fit#tf#!4}4f4##4**4###*{#1t4t#ik*h*ii#44#ft4ff 4*f R#4#4#4*#}##*#*iii{*f* DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED RECEIVED lUN 14 9019 DCM-MHD CITY DCM WILMINGTON, NC EXHIBIT E CERTIFICATE OF FORMATION OF SW HOLDINGS, LLC (A Delaware Limited Liability Company) Ekg: The name of the limited liability company Is: SKIV HOLDINGS, LLc Second: Its registered of in the State -of Delaware is located at 16192 Coastal Highway, Lewes, Delaware 1995% County of Sussex. The registered: agent in ch Barge thereof is Harvard usiness Services, Inc. Third: the limited liability company is. established blished pursuant to Section 184B of the Limited Liability Company Adand may establish -separate . anddistinct series.of membersi manager&, and interests, each having separate -rights,, powers or duties With respect to - specified property or obligationsofthe limited. liability company or profits and losses associated with specifiedpropcity or obligations. The debts,11abilitids, obligations and.expensesinctured, cdntracted.ior'cir otherwise existing: with respectio a particular series shalt be ed6rceable against the assets of such series gamst the onlyj and not against the: assets of the limited liability company generally.- or any other series ftrwf, and none of the debts., liabilities, obligations and expenses incurred; contracted for or otherwise existing With respect to the limited liability company generally or any other. Series thereof shalt be enforceable against the assets of such series. IN WITNESS WHEREOF; the undersigned, being fully authorized to execute and file this document have signed below and executed this Certificate ofFormation on this March 12,1019. Harvard.B.tisiness Services, Inc., Authorized Person By Michael J. Bell; President State of Detawalv...; of. 2, .:.ops D&,ered 02:52A1014019 TIED 0 :52,91 03/12401i :: SR ioiqvl6346 t[eW �-.4321%560 Delaware Pagel The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SKIV HOLDINGS, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FOURTEENTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "SKIV HOLDINGS, LLC" WAS FORMED ON THE TWELFTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN ASSESSED TO DATE. \ SR# 20191987166 \uw" You may verify this certificate online at corp.delaware.gov/authvecshtml YT) ;Q ) army W. ewar;e "&y MAM, Authentication:202444;w EIVED RECEIVED Date:03-14-19 )UN 14 )019 ,JUN 2 5 2019 DCM WILMINGTON, NC DCM-MHD CITY STATEMENT OF AUTHORIZED PERSON IN LIEU OF ORGANIZATIONAL MEETING FOR SKIV HOLDINGS, LLC March 12, 2019 We, Harvard Business Services, Inc., the Authorized Person of SKIV HOLDINGS, LLC -- a Delaware Limited Liability Company -- hereby adopt the following resolution pursuant to Section 18-201 of the Delaware Limited Liability Company Act: Resolved: That the Certificate of Formation of SKIV HOLDINGS, LLC was filed with the Secretary of State of Delaware on March 12, 2019. Resolved: That on March 12, 2019 the following persons were appointed as the initial Managing Members of the Limited Liability Company until their successors are elected and qualify: Shaun Kiviat Resolved: That the undersigned signatory hereby resigns as the authorized person of the above named Limited Liability Company. This resolution shall be filed in the minute book of the company. Harvard Business Services, Inc., Authorized Person By: Michael J. Bell, President ***This document is notpart of the public record. Keep it in a safe place.*** TF)e Rodgers LAW F�RM June 6, 2019 To Whom it May Concern 1213 CULBRETH DRIVE WILMINGTON, NC 28405 (910) 726-3600 (TEL.) TAMEEKA•SNERMANANDRODGERS.COM Re: 60 Pelican Drive, All Units and Condo Association As of May 6, 2019 it is my legal opinion that Shaun Kiviat and entities solely owned and managed by Shaun Kiviat constitute 100% of the ownership of "The Palms Condominiums," including all Units, limited common areas and common areas. In support of this Opinion, please see the attached: • Declarations of Unit Ownership and Covenants, Conditions and Restrictions of The Palms Condominiums (See Exhibit "A" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Keith M. Beatty, unmarried, Grantor, to Shaun Kiviat, Grantee recorded on May 6, 2019 at 4:07:08pm in Deed Book 6213 at Page 541 of the New Hanover County Registry (See Exhibit "B" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 5. Pelican B Series, Grantee recorded on May 6, 2019 at 04:07:10pm in Deed Book 6213 at Page 549 of the New Hanover County Registry (See Exhibit "C" attached); • North Carolina General Warranty Deed dated May 6, 2019 from Shaun .Kiviat, an unmarried man, Grantor, to SKIV Holdings, LLC, Series 6. Pelican C Series, Grantee recorded on May 6, 2019 at 04:07:12pm in Deed Book 6213 at Page 557 of the New Hanover County Registry (See Exhibit "D" attached); • Certificate of Formation of SKIV Holdings, LLC (a Delaware Limited Liability Company) filed with the Delaware Secretary of State on March 12, 2019 at 02:52PM at File Number 7321560 which includes a certification from the Delaware Secretary of State and a "Statement of Authorized Person" denoting that Shaun Kiviat is the sole Member -manager of SKIV Holdings, LLC (See Exhibit "E" attached); Y"UrS t1111V- 1 RECEIVED RECEIVED 1 Richard T. "Chip" Rodgers, Jr. JUN 2 5 2019 JUN 0 6 2019 The Rodgers Law Firm, PLLC DCM-MHD C111XM WILMINGTON, NC THE RODGERS L 4wFIRM, PLLC isAFFjuATED WITH SHERMANAND RoDGEAC, PLLC EXHIBIT A r E00:� PreparedFI?XE Steven F.Siegel 1900 Eastwood Road Ste. 5 2 2 7 0 0 7 0 6 Wilmington, NC 28403 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER '97 NOU 20 RBI 10 20 RECORDED & VERIFIED MARY SUE DOTS REGISTER OF _..EDS NEVI HAiJCVE,; . ;JC DECLARATIONS OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PALMS CONDOMINIUMS THIS DECLARATION OF UNIT OWNERSHIP, made this LOTH day of NOVEMBER, 1997 by FRED 1. MATT, of 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, NC 27609, hereinafter called "Declarant"; 000017 WITN_ESSETIf: WHEREAS, Declarant is the owner of certain real property located in the City of Wrightsville Beach, New Hanover County, North Carolina, which is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. WHEREAS, Declarant has constructed or will construct on this real property certain improvements, more fully described hereafter, which real estate and improvements Declarant desires to submit to condominium ownership; NOW, THEREFORE, Declarant declares its intention, by the filing of this Declaration, to submit, and does hereby submit, the above -described real property and improvements thereon to the provisions of the North Carolina Condominium Act, Chapter 47C of the North Carolina General Statutes, as a unit ownership project to be named THE PALMS CONDOMINIUMS; and further publishes and declares that all of the property described herein is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved, subject to the following covenants, conditions, restrictions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the conversion of said property into a condominium facility, and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees and assigns. I. DEFINITIONS. Certain terms in this Declaration and in the Articles of Incorporation and Bylaws appended hereto shall be defined as follows, unless the context clearly indicates a different meaning therefor: a. "Act" means the provisions of the North Carolina Condominium Act, Chapter 47C of the General Statutes of the State of North Carolina, as such may be supplemented or amended from time to time. RECEIVED RECEIVED 1'UR2q-EL? TO I JIIN 0,6 ,01` � I�� JUN 2 5 2019 �C LL , DCM WILMINGTON, NC DCM-MHD CIT ?270 0701 b. "Allocated interests" means the undivided interests in the common elements, the common expense liability and votes in the association allocated to each unit. C. "Association" means THE PALMS UNITOWNERS ASSOCIATION, INC., which is an entity comprised of all owners of units in THE PALMS CONDOMINIUMS. d. "Assessment" means a share of the funds required for the payment of common expenses, late fees and fines which from time to time is assessed against a unit owner by the Association. e. 'Building" means the building currently existing or to be built upon the real property described in Exhibit "A" and which houses the condominium units. f. 'Board of Directors" or "Board" means the Board of Directors of the Association or its agents, which shall be the executive board of the Association, as defined in N.C.G.S. 47C-1-103(13). "Director" means a member of the Board. g. "Bylaws" means the bylaws of the Association providing for the government and administration of the Association. "Articles" means the Articles of Incorporation of the Association. h. "Common Element" means the portion of the condominium property owned in common by all of the unit owners,as more specifically set forth herein. i. "Common expenses" means the expenses incurred by the Association the administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a capital reserve for repair, maintenance, and replacement) of the common areas and facilities as well as any other expense incurred by the Association which is and declared to be a common expense by the Association, this Declaration. the Bylaws of the Act. j. "Common surplus" means the balance of all income, rents and revenues of the Association remaining after the deduction of the common expenses. k. "Condominium project" or "Project" means the entire proposed development consisting of all the land, the building and other "property" as that term is herein defined. 1. "Declarant" means FRED I. MATT, his successors and assigns. m. "Declaration" means this instrument as it may from time to time be lawfully amended or supplemented. n. "Limited Common Element" means those common areas and facilities which are reserved for the use of a certain unit or units to the exclusion of other units, as more specifically identified herein. RECEIVED RECEIVED JUN 0.6 2019 JUN 2 5 2019 DCM WILMINGTON, MGM-MHD CIT E0Qi11 P40"", '?70 0708 o. "Period of Declarant Control" means the period commencing on the date hereof and continuing until all the units are sold. P. "Person" means an individual, corporation, partnership, association, trustee, or other legal entity. q. "Property" means and includes the land, the building, all improvements and structures thereon and all articles of personal property intended for use in connection therewith which are submitted to condominium ownership by this Declaration. r. "Real Property" shall mean and refer to all of the real property described in Exhibit "A" attached hereto. S. "Unit" or "Condominium Unit" shall mean that enclosed space within the huilding as shown on the building plans described in the Declaration, together with any additional area or space accompanying the same and described herein, which is intended for private ownership and to be sold as a dwelling unit pursuant to the Declaration and the Act. The enclosed space representing each unit shall be bounded by the interior surface material of its perimeter walls, ceilings and floors. Each unit is defined to include: (a) all non -load bearing partition walls located entirely within the above -defined enclosed space; (b) all interior finished surfaces of the perimeter walls and ceilings; (c) all carpet, tile, vinyl, wood floor or other decorative floor covering; (d) all windows, including screens, window frames, exterior doors, and exterior door frames; (e) all heating and air conditioning equipment and accompanying ducts and components (if separate for each unit); (f) all wires, ducts pipes, lines and other facilities for the furnishing of utility services located within the above -defined enclosed space, but specifically excluding all wires, ducts, pipes and other facilities which lie within the above -defined enclosed space but are for the common use of one or more other units in the project. t. "Unit Designation" means the number thereof which designates a unit within the condominium. U. "Unit Owner" means a person, corporation, partnership, association, trust, other legal entity, or any combination thereof, in whose name or names the title to or an interest in the title to any unit is vested, excluding those who own or hold such title or interest under the terms of any mortgage or deed of trust or other similar instrument for the purposes of securing the payment of an indebtedness or the performance of an obligation. DECEIVED RECEIVED 3 JUN 0.6 Z019 JUN 2 5 2019 DCM WILMINGTON, NCbCM-MHD CITY D00;; PAGE 2270 0709 2. DESCRIPTION OF REAL PROPERTY. The real property on which the building and improvements are or are to be located is described in Exhibit "A", attached hereto and incorporated herein by reference. 3. DESCRIPTION OF BUILDINGS The buildings in which the units are located is described in building plans which are attached hereto as Exhibit "B" and incorporated herein by reference. The buildings will consist of two stories. 4. UNIT DESIGNATION AND DESCRIPTION, The unit designation of each unit and a description of its location, area, floor plan and number of rooms, are shown on the building plans attached hereto as Exhibit "B". 5. DESCRIPTION_OF COMMON ELEMENT AND FACILITIES The common elements and facilities shall consist of all the real property described in Exhibit "A", which is subjected to the terms of this Declaration, and all of the improvements and facilities thereon which are not units as defined herein and which are not items of personal property owned, held, or maintained by unit owners. Without in any way limiting the scope thereof, the common elements and facilities shall include the following: a. All foundations, columns, girders, beams, supports, roofs, exterior walls, interior load bearing walls, ventilation fans and vents of the building; b. All stairways, stairwells, halls, passageways, corridors, lobbies, exits and entrances which give access to the units, except as designated on Exhibit "B" for a specific unit; C. All yards, gardens, parking areas, driveways, and other amenities; d. All installations for the provision of utility services, including, but not limited to, electricity, water, gas, refrigeration, telephone, heating, air conditioning, sewer, trash disposal, incineration, and television which are for the common use and benefit of the unit owners and which are not defined as being a part of the units; e. All tanks, pumps, motors, fans, compressors and control equipment existing for common use. 6. ALLOCATED INTERESTS, Unless and until this project shall be expanded as herein provided, the percentage of each unit owner's undivided interest in the common elements of THE PALMS CONDOMINIUMS is set forth in Exhibit "C", attached hereto and incorporated herein by reference. This percentage is based on the relation that the total volume in square feet of each unit bears to the aggregate square feet contained in all units as of the date of this Declaration. 7. LIMITED COMMON ELEMENTS. The decks or porches adjacent to each unit and any storage space allotted to each unit, designated in Exhibit "B" attached hereto as "limited common areas" are limited common areas for the sole use of the unit owner of a unit to which the same are adjacent or allocated as indicated on said plans. yLD RECEIVED JUN 2 5 2019 JUN 0,6 2019 DCM-MHD CITY DCM WILMINGTON, NC 2270 0710 8. NATURE AND INCIDENTS OF UNIT OWNERSHIP a. Nature of Interest. Every unit, together with its undivided interest in the common elements shall for all purposes be treated as a separate parcel of real property with all the incidents thereof. Each unit may be individually conveyed, leased and encumbered and may be inherited or devised by will as if it were solely and entirely independent of the other units in the building of which it forms a part. Each unit may be held and owned by more than one person, either as tenants in common or tenants by the entirety, or in any other manner recognized under State law. b. Partitionine No unit may be divided or subdivided into a smaller unit or units, nor shall any unit or portion thereof be added to or incorporated into any other unit unless written approval is first obtained from the Board of Directors of the Association. The common elements shall remain undivided and no unit owner or any other person shall bring an action for partition or division of any part thereof, unless the property has been removed from the provisions of the Unit Ownership Act. C. Common Elements Appurtenant to Unit. The undivided interest in the common elements shall not be conveyed, encumbered, or otherwise separated from the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. d. Taxes. Each unit and its percentage of undivided interest in the common elements shall be deemed to be a separate parcel and shall be separately assessed and taxed for all types of taxes authorized by law, including, but not limited to, special ad valorem levies and special assessments. Each unit owner shall be liable solely for the amount of taxes on his individual unit and shall not be affected by the consequences resulting from the tax delinquency of other unit holders. Neither the buildings, the property, nor any of the common elements shall be deemed to be a separate parcel for purposes of taxation. 4. USE RESTRICTIONS a. Each unit shall be used for single-family residential purposes only, which shall include the rental and long term leases of individual units by the owner. b. No immoral, improper, offensive, noxious or unlawful use shall be made of any unit or of the common elements, and all applicable laws, zoning ordinances and regulations of all governmental authorities shall be observed. No owner of any unit shall permit or suffer anything to be done or kept in his unit, or on the common elements, which will increase the rate of insurance on the unit, or which will obstruct or interfere with the rights of other occupants of the other units or annoy or embarrass them, nor shall any owner undertake any use or practice which shall constitute a nuisance to any other owner of a unit, or which interferes with the peaceful possession and proper use of any other unit or the common elements. C. No owner of a unit shall permit any structural modification or alteration to be made to the unit without first obtaining the written consent of the Board of Directors of RECEIVED 5 JUN 2 5 2019 JUN 0.6 2019 DCM-MHD CIT`OCM WILMINGTON, NC BOOK PAGE ? 2 7 0 0711 the Association, nor alter nor cause any changes to be made to the exterior of the building (including painting, installing television or radio antenna or installing signs), or in any manner alter the appearance of the exterior portion of the building without obtaining such consent. No unit owner shall fix any object to the common elements (including fences, flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common elements or limited common elements without first obtaining the written consent of the Board of Directors of the Association. d. The Declarant or its agent shall have the right to maintain a sales office or model unit in any of the units of its choice for the sole purpose of selling the remaining units in the project. This right will terminate upon the sale of the last unit by the Declarant. e. No cooking or use of grills or similar devises shall be allowed on the stairways, porches or decks within 10 feet of the building. f. No boats, trailers, motor homes or similar vehicles may to stored on the property or common areas, except as designated by the Unitowners Association. g. No satellite dishes may be placed on any unit without the written approval of the Unitowners Association. h. The Unitowners Association shall have the exclusive right to assign parking spaces and designate their use. i. The Unitowners Association shall have the right to require the Unit Owner to remove any pet from their Unit if it is determined that the pet is nuisance. j. The use of the property shall be subject to any restrictions contained in the Bylaws of the Association and w any Rules and Regulations established by the Board of Directors of the Association. These additional use restrictions shall have the same force and effect as the restrictions contained herein. 10. EASEMENTS a. In case of any emergency originating in or threatening any unit, regardless of whether the owner is present at the time of such emergency, the Declarant, the Board of Directors of the Association, or any other person authorized by it, or the manager, shall have the right to immediately enter the unit for the purpose of remedying or abating the cause of the emergency. h. Each unit owner shall have an easement to use all pipes, wires, ducts, cables, conduits, public utility lines and other such facilities which are located in another unit and serve his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other such facilities which are located in such unit and serve other units. The Board of Directors of the Association shall have a right of access to each unit to inspect the same, to remove violations therefrom and to 'RECEI maintain, repair, or replace the common facilities contained therein or elsewhereft�"Vobg. 6 JUN 2 5 201 UN Q,6 20'6CM-MHD CI DCM WILMINGTON, NC uvvn YA(;L 2270 0712 c. The Board of Directors may grant or assume easements, leases, or licenses for utility purposes for the benefit of the property, including the right to install, lay, maintain, repair, and replace water lines, pipes, sewer lines, gas mains, telephone and television wires and equipment and electrical conduits and wires over, under, along and on any portion of the units or common elements. Each unit owner hereby grants to the Board of Directors, or the manager, an irrevocable power of attorney to execute, acknowledge and record for or in the name of the Association or each unit owner such instruments as may be necessary to effectuate the foregoing. d. In the event that any unit shall encroach upon any of the common elements, or any other unit or units, for any reason not caused by the purposeful or negligent act of the unit owner, or agents of such owner, then an easement appurtenant to such unit shall exist for the continuance of such encroachment upon the common elements or upon a unit for so long as such encroachment shall naturally exist. In the event that any portion of the common elements shall encroach upon any unit, an easement shall exist for the continuance of such encroachment of the common elements upon any unit for so long as such encroachment shall naturally exist. If any unit or any portion of the common elements shall be partially or totally destroyed as a result of fire or other casualty, or as a result of condemnation or eminent domain proceedings, and if upon reconstruction of the unit or the common elements in accordance with this Declaration, portions of the common elements encroach upon any unit, or any unit encroaches then such encroachment shall be permitted and a valid easement for the maintenance thereof shall exist so long as the encroachment naturally remains. 11. MANAGEMENT. a. Generally. The management of the affairs of the project shall be the right and responsibility of the Association and said management duties shall be carried out in accordance with the terms and conditions of this Declaration, the Articles of Incorporation and the Bylaws of the Association, copies of which are attached hereto and incorporated herein by reference; provided, however, that the Association shall not be authorized to take over management rights and responsibilities until conveyance of management responsibilities to the Association, as provided in the Declaration and in the Bylaws. b. Conveyance of Control and ManggeTnPrit Responsibilities- Conveyance of control and management responsibilities to the Association shall take place when all of the units have been conveyed to unit purchasers. c. Manaeer. The Board of Directors of the Association shall have the right to contract with or employ a manager for the purpose of operating, supervising, maintaining and managing the property. All the management powers and duties of the Association may be delegated to the manager by the Board of Directors, except those which are specifically reserved to the Board of Directors by this Declaration, the Articles and Bylaws, or the Act. 12. MAINTENANCE. The respective responsibilities of the unit owners and the Association to maintain, repair and replace the property shall be as set forth in the Bylaws. 13, COMMON EXPENSES AND ASSESSMENTS The unit owners are bound to ECEIVED" contribute, according to their allocated interest in the common areas and faciRECEIVet I rth 7 [i jUN 2 5 2019 IUN 0,6 2016CM-MHD CIT�i DCM WILMINGTON, NC Boor, PAGE 2270 0713 herein, toward the common expenses of the Association. No unit owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common areas and facilities or by abandonment of the unit belonging to him. The common profits of the property, if any, shall be distributed among the unit owners according to the same percentage undivided interest. Each unit owner shall be subject to an assessment from the Board of Directors for his share of the common expenses. The manner of computing and collecting this assessment is set forth in the Bylaws. 14. INSURANCE. a. Hazard Insurance. The Board of Directors of the Association, or the manager, shall obtain insurance upon the property for the benefit of the unit owners and their mortgagees against (1) loss or damage by fire and other hazards covered by the standard extended coverage endorsement and (2) such other hazards or risks covered for similar projects, including those covered by the standard "all risk" endorsement. Such policies shall make provision for the issuance of certificates of insurance or mortgagee endorsements to the mortgagees of unit owners, and if the companies writing such policies will agree, the policies shall provide that the insurer waivers its rights of subrogation as to any claims against unit owners, the Association and their respective servants, agents and guests. In addition to the above, the Board of Directors may obtain such other insurance coverage as they deem necessary and desirable. All liability insurance shall contain cross -liability endorsements to cover liability of the unit owners as a group to a single unit owner. Each unit owner may obtain insurance, at his own expense, affording coverage upon his own unit, his personal property and such other coverage as he may desire. All hazard insurance shall meet the minimum requirements and standards of the Federal National Mortgage Association. b. Amount of Coverage_ The Board of directors or the manager shall insure all buildings and improvements upon the land and all personal property included in the common areas and facilities in an amount equal to their maximum insurance replacement value as determined annually by the Board of Directors, or manager, with the assistance of the insurance company or companies providing coverage. This insurance coverage amount shall never be less than the total principal balance due on all mortgages outstanding on the property. c. Premiums. All premiums on insurance policies purchased by the Board of Directors or manager and any deductibles payable in the event of loss shall be paid by the Association and chargeable to the Association as a common expense. d. Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board of Directors or manager as insurance trustee for the unit owners and their mortgagees. The insurance trustee shall have authority to deal with the insurer in the compromise and settlement of claims and to execute and deliver releases to the insurer upon the payment of claims. The insurance mtstee's duty upon receipt of any insurance proceeds shall be to hold the same in trust for the benefit of the unit owners and their mortgagees. RECEIVE e. Distribution of Insurance Proceeds Proceeds of insurance policies shall be distributed by the insurance trustee to or for the benefit of the beneficial unit�nfr Vlx oe JUN 25 2 S JUN 0..6'019DCM-MHD DCM WILMINGTON, NC %001. PAGE ??7a 071`f following manner: (i) Expenses of the insurance trustee. All expenses of the insurance trustee shall be paid first. (ii) Reconstruction or repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the proceeds remaining after deduction of the insurance trustee's expenses shall be paid to defray the cost of such repair or reconstruction. Any proceeds remaining after defraying such costs shall be distributed to the unit owners, in accordance with each unit owner's percentage undivided interest in the common areas and facilities, as set forth in Exhibit "C". In the event a mortgagee endorsement has been issued for a condominium unit, any proceeds remitted under this section shall be payable jointly to the unit owner and the mortgagee. (iii) Failure to reconstruct or repair. If it is determined as provided below that the damage for which the proceeds are paid will not be reconstructed or repaired, the remaining proceeds shall be distributed to the unit owners in accordance with each unit owner's percentage undivided interest in the common areas and facilities, as set forth in Exhibit "C". f. Damage and destruction (i) Determination to reconstruct or repair. Damage to or destruction of the buildings and improvements, except that which is solely the responsibility of the unit owner, shall be promptly required or restored by the Board of Directors or manager, using the proceeds of insurance on the building for that purpose, and unit owners shall be liable for assessment for any deficiency in accordance with their percentage undivided interest in the common areas and facilities; provided, however, if the buildings shall be more than two-thirds destroyed and the owners of three -fourth of the units resolve not to proceed with repair or reconstruction, then in that event, the property shall be deemed to be owned as tenants in common by the unit owners and shall be governed by the provisions of Chapter 47C of the North Carolina General Statutes and any amendments thereto. No mortgagee shall have any right to participate in the decision to reconstruct or repair the damaged property. (ii) Plans and specifications Any reconstruction or repair must be substantially in accordance with the plans and specifications of the original building and improvements unless other plans and specifications are unanimously approved by the unit owners. g. Flood Insurance. If any part of the project is in a special flood hazard area, as defined by the Federal Emergency Management Agency, the Unitowners Association must maintain flood insurance on all units at the unit owners expense. The amount of insurance should be at least equal to the lesser of: (i) t00% of the current replacement cost of the Unit; or (ii) the maximum coverage available for the property under the National Flood Insurance Program. JUN 2 5 Z RECEIVED 9 JUN 0,6 2019 DCM-MHD DCM WILMINGTON, NC 03i: PAGE ??70 0715 h. Liability InsuranceThe Association must maintain a comprehensive general liability insurance policy covering all common areas, public ways and any other areas that are under its supervision. The policy should provide coverage of at least $1,000,000 for bodily injury and property damage for any single occurrence. The liability insurance should provide coverage for: 0) bodily injury and property damage that results from the operation, maintenance or use of the projects common areas; and (ii) any legal liability that results from law suits related to employment contracts in which the owners' Association is a party. 15. COMPLIANCE WITH DECLARATION BYLAWS AND REGULATIONS a. Binding Nature of Declaration Bylaws and Regulations The restrictions and obligations imposed by this Declaration and the Articles and Bylaws of the Association are intended to and shall constitute covenants running with the land and shall constitute an equitable servitude upon each unit and its appurtenant undivided interest in the common areas and facilities. Each unit owner, his tenants, invitees, guests, employees, agents, grantees, successors and assigns, shall comply strictly with the covenants set forth in this Declaration, the Articles and Bylaws of the Association, and any Rules and Regulations adopted by the Association as the same may be lawfully amended from time to time, the acceptance of a deed of conveyance, the entering into a lease, or occupancy of a unit shall constitute an agreement that the provisions of this Declaration, the Articles and Bylaws, and any Rules and Regulations are accepted and ratified by the grantee, tenant, or occupant whether or not these provisions are referred to in the deed of lease. b. Remedies for Violation Failure to comply with the covenants and restrictions set forth in this Declaration, the Articles, Bylaws and the Rules and Regulations shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the Board of Directors or manager on behalf of the Association or by an aggrieved unit owner. The Board of Directors shall also have authority to enforce such covenants and restrictions by denial of the use of the common areas and facilities to violators, by levying fines for infractions in an amount not to exceed one hundred fifty dollars ($150.00) per day, and by such other means as are provided in this Declaration, Bylaws, and Rules and Regulations or by law. c. Liability for Expenses-- Each unit owner shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by his act, neglect, or carelessness, or by that of any member of his family, or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include liability for any increase in fire insurance rates occasioned by the use, misuse, occupancy, or abandonment of a unit or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. RECE d. Waiver. The failure of the Association, any unit owner, or other person to .)UN 2 5 2 enforce any right, provision, covenant, or condition which may be granted by thipte�fVtp t0 ')CM-MHD JUN 0.6 2019 DCM WILMINGTON, NC LUVJN PAGE 2270 0716 or the other above -mentioned documents shall not constitute a waiver of the right of the Association or of the unit owner to enforce such right, provision, covenants, or condition in the future. e. Remedies Cumulative. All rights, remedies and privileges granted to the Association or the owner or owners of a unit pursuant to any terms, provisions, covenants, or conditions of this Declaration or the other above -mentioned documents, shall be deeded to be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies, or privileges as may be available to such party at law or in equity. 16. PARTY WALLS. a. The walls and flooring connecting adjacent units are "party walls" and are situated on or about the boundary line separating such units. b. All finish flooring and any other materials constituting any part of the walls, floors, or ceilings are a part of the common elements, pursuant to G.S. 47C-2-102(1), To the extent any duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated exclusively to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements, pursuant to G.S. 47C-2-102(2). Any decks, porches, balconies, patios and all other exterior doors and windows or other fixtures designated to serve a single unit but located outside the unit's boundaries are limited common elements allocated exclusively to that unit, pursuant to G.S. 47C-2-102(4). c. Each wall which is built as part of the original construction of a unit and placed on the dividing line between the units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. d. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use. e. Notwithstanding any other provisions of this Article, an owner who by his negligent or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. f. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. g. If any owner desires to sell his unit, such owner may, in orAFOF VFmD JUN 2 5 20 1 t JUN 0,6 20qCM-MHD DCM WILMINGTON, NC E00K PAGE 2270 0717 prospective purchaser that no adjoining unit owner has a right of contribution as provided in this Section, request of the adjoining unit owner a certification that no right of contribution exists, wereupon it shalt be the duty of the adjoining unit owner to make such certification immediately upon request and without charges; provided, however, that where the adjoining unit owner claims a right of contribution the certification shall contain a recital of the amount claimed. h. In the event of any dispute arising concerning a party wall, or under the provisions of this Section, such dispute shall be settled by arbitration as provided by the laws of North Carolina as then existing. 17. PROCESS AGENT. FRED J. MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, NC 27609 is hereby designated to receive service of process in any action which may be brought under the Act. The Board of Directors may change the process agent by filing a Declaration of Change of Registered Agent in the office of Register of Deeds of New Hanover County, North Carolina. 18. MORTGAGE OF UNITS Any unit owner may give a deed of trust or mortgage on his unit without prior notice to or authorization by the Declarant or the Board of Directors of the Association. Any rights the Association may have to place a lien upon the property of the unit owner shall be subordinate to and inferior to any deed of trust or mortgage that said unit owner has placed on his property. 19. TERMINATION. The condominium may be terminated and removed from the provisions of the Unit Ownership Act only by written agreement of all the owners of units expressed in an instrument to that effect and duly recorded, provided that the holders of all liens affecting any of the units must consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest in the property which the unit owner owns after termination. The termination shall become effective when the above instruments have been duly recorded in the public records. After termination of the condominium, the unit owners shall own the property as tenants in common in undivided shares and the holders of mortgages and liens against the units formerly owned by such unit owners shall have mortgages and liens against the respective undivided shares of the unit owners. The undivided share or interest in the property owned as tenants in common which shall appertain to each unit owner shall be the percentage of the undivided interest previously owned by such unit owner in the, common areas and facilities. 20. ASSOCIATION. The Association shall be formed in accordance with Articles and Bylaws attached hereto as Exhibits "D" and "E". The Association shall have all the powers and duties set forth in the Act as well as all of the powers and duties granted to or imposed upon it by this Declaration, the Bylaws attached hereto as Exhibit "E", and the Articles attached hereto as Exhibit "D" as the same may be amended from time to time. Each unit owner, by the acceptance and recording of the deed to such unit owner's unit, appoints irrevocably the Association as herein provided, including the right to execute in such unit owner's name any and all instruments or documents necessary or reasonably required in regard thereto. The operation of the Association shall be governed by the Bylaws and Articles. No modification or amendment i�ECE of the Bylaws or Articles shall be valid unless set forth in or annexed to an amendment to this Declaration, certified by the President and Secretary of the Association and ptEgpRjte JUN 25 20 12 JUN 0.6 201 UCM-MHD C DCM WILMINGTON, NC BOOK PAGE 2270 0718 office of the Register of Deeds of New Hanover County, The Association hereby is granted authority and directed to become and remain a member of the Master Association, to pay such dues and assessments as may be levied against the Association by the Master Association, and to include such dues and assessments as part of the common expenses. 21. AMENDMENT OF DECLARATION, This Declaration may be amended by the Declarant at any time prior to the conveyance of all units without the necessity of the permission, consent or joinder of any other person or party, and thereafter at any regular or special meeting of the Association, called and convened in accordance with the Bylaws, by the affirmative vote of or written agreement signed by unit owners of units to which at least 75% of the votes in the Association are allocated. Any holder of a first mortgage on a unit who receives a written request from the Association to approve any proposed modification and does not deliver or post to the Association a negative response within thirty (30) days following receipt of such request shall be deemed to have approved same. Notwithstanding the aforesaid, no amendment shall change, affect or alter the allocated interest in the common areas appurtenant to a unit, a unit owner's proportionate share of the common expenses or common profits, or the voting rights appurtenant to any unit create or increase special Declarant rights, increase the number of units, change the boundaries of any unit, or the uses to which a unit is restricted, in the absence of unanimous consent of the unit owners, and all holders of first mortgages on units. Further, no amendment shall be effective until certified by the President and Secretary of the Association and recorded in the office of the Register of Deeds of New Hanover County. 22. SEVERABILITY The invalidity of any provision of this Declaration shall not impair or affect the validity and enforceability of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included. 23. LAW CONTROT LING This Declaration, the Bylaws and any Rules and Regulations adopted thereunder shall be construed under and controlled by the laws of the State of North Carolina, 24. WARRANTIEL The Declarant disclaims any warranty or representation in connection with the condominium project, except as specifically set forth herein, and no person shall rely upon any warranty or representation not specifically made herein. Any estimates of common expenses, taxes, or other charges are deemed accurate, but no warranty or guaranty is made or intended, no may one be relied upon. 25. The rights of any owner, as provided herein, shall not include mortgagees of any property within the project unless said mortgagee obtains title to the property by means of foreclosure or other legal methods. IN TESTIMONY WHEREOF, the Declar�a�n�t]h�s caused this Deciarati4j� to be signed in his name and duly attested and sealed, this the — day of � U e. --I b e r— , 1997. �' 'FIB D RECEIVED 25219 13 JUN ©.61015, C IT) DCM WILMINGTON, NC PAGE FRED J. MAIV 2 7 O STATE OF NORTH CAROLINA ? Q ? � 9 COUNTY OF NEW HANOVER 1, STEVEN F. SIEGEL, a Notary Public for the aforesaid County and State, certify that FRED J. MATT, personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this J Oq 4 day of /ZOV e-I fie/ 1997. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public (Notarial Seal) STEVEN F S) State of North Caroline New Hanover County Commission Expues August 29, 2000 The Foregoing Certificate of Notary Public is certified to be correct. This the ,�O day of A//Ill , 1997. MARY SUE OOTS REGISTER OF DEEDS, NEW HANOVER COUNTY 11A•' RECEIVED Dqxq/Assistant JUN 2 5 20i9 DCM-MHD CITY RECEIVED 14 JUN k6 2019 DCM WILMINGTON, NC BOOK PAGE 2270 0720 "EXHIBIT "A" ALL OF LOT 5 OF CHANNEL ACRES AS SHOWN ON THE MAP OF SAID SUBDIVISION RECORDED IN MAP BOOK 9 AT PAGE 27 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY AND ALSO AS SHOWN ON THE PLAT OF THE PALMS CONDOMINIUMS, RECORDED IN UNIT OWNERSHIP BOOK I1, AT PAGES 114 AND 115, IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY. RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED UN 0..6 2019 DCM WILMINGTON, NC w N Ur N Q C� 2. Aw I. l HENRR:T-1 1/2 A - r n I I V n __9'-4 1/2` DARM BARKER AROWTECT, COMM THAT SUCH NATO th aoap Ine o.wrn+ AND PLANS FULLY AND ACCUPATBY 019-ICT TIM LAYOM .I gm.v/a:iy :nnN.rM LOCATIDN$, cElurxi AND RDOP e.evAnoNe. umm �. ae ; ,,, „ �...�,.. NU1lER8, AND O9.IENBgN9 OFlINR9Al✓e AB 9UA.T. A.Maeveae i"awe .,W Rit ml leh ...e a eq ew., p,qa aM n +o N rrlurnM ber. na.w © NOrwC > U z W QlJ Q U cy 2 W m O Lu C o !� N j Z Q W O W � � U IMER CUIDRY ARCHITIEM INC v !1! 793 71111 ME 8r1�, LEGEND ®UNIT AS DESIGNATED ®FURRED DOWN CEILING AREA 7'-O" HEIGHT /•� P. 8eo P iitD q �pY AROy� °oy N o Z CERT. NO. > O 676 THIS PALM CONOOMIUM MOMENTS WLhwa 1A N.C. 9B00ND P1ODN �K� C�TramM� MOMAN{gRLYALVA=PARLYOMC.T LA'... O IM paDh d MwD py 0 6 MANDMOp1llYATOM. NOrowo NOY�IR, OaR7NbIMOPiRNA AN! MlIALT. Mhn1� acaaeh+Aba.4.- wew w e.p.s M .M! D q.fh fMM aM h h b rMray yp ROOP ROPE: 402 N O LEGEND UNIT AS DESIGNATED ®FURRED DOWN CEILING AREA 7'—D" HEIGHT z > N U 0 z Lu 2 > v c~7 ? w z U W O � � U 0 RIIRKEgR mWr A REcrs INC D 14DD1 I T S1DFR L 7 "InK K ftD lf] 318 R CERr.. NO. 675 TM PALM CO DOMMM DOMAMM 1ALLsam .N.C. BOON UNIT A B C BOOK PAGE 2270 07 EXHIBIT "C" 24 PERCENTAGE INTEREST 35.70% 32.15 % 32.15 % RECEIVED JUN 2 5 2019 DCM-I0HD CITY RECEIVED JUN 0.6 2019 DCM WILMINGTON, NC Pool, PAGE even F. Siegel YiOPHEY i1 I.Aw iL�NI1M ST.T�o. ✓J E.srn000 ao.o SLIDE s 00TT . NC 28403 EXHIBIT "D" 2270 ARTICLES OF INCORPORATION OF THE PALMS UNITOWNERS ASSOCIATION, INC. 0725 The undersigned, being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a non-profit corporation under and by virtue of Chapter 55A of the General Statutes of North Carolina and the laws of the State of North Carolina. ARTICLE I NAME The name of the corporation is THE PALMS UNITOWNERS ASSOCIATION, INC. ARTICLE II DURATION The period of duration of the corporation is perpetual. ARTICLE III PURPOSES AND POWERS The purposes and powers for which the corporation is organized are as follows: (1) To operate and manage a planned unit subdivision development known as THE PALMS CONDOMINIUMS, located in WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA, (2) To undertake the performance of, and carry out the acts and duties incident to the administration of the operation and management of, THE PALMS UNITOWNERS ASSOCIATION, INC. in accordance with the terms, provisions, conditions and authorization contained in both these Articles and in the Declaration of Covenants, Conditions and Restrictions which shall be recorded in the Public Records of New Hanover County, North Carolina, at such time as the real property and the improvements thereon are submitted to said Declaration; (3) To make, establish and enforce reasonable rules and regulations governing the use of subdivision development, common elements, land, and other real and personal property which may be owned by the Association itself; (4) To make, levy and collect assessments against lot owners; to provide the funds to pay for common expenses of the Association as provided in the Declaration of Covenants, Conditions, and Restrictions and to use and expend the proceeds, of assessments in the exercise of the powers and duties of the Association; to use said assessments to promote the recreation, acquisition, improvement and maintenance of properties, services and facilities devoted to this I RECEIVED JUN 0.6 2019 ,IjUN"� 5 201 DCM WILMINGTON, 1"Uiid' 'YV& BOOK PAGE men F. Siegel +lllRN[Y AT LAW V Mlly S1wfgN J Ewslw000 Nowc Surt[ 5 aTr ,NC aBnOJ 2270 0726 purpose and related to the use and enjoyment of the common areas, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof, the maintenance of insurance in accordance with the Bylaws, including the employment of attorneys to represent the Association when necessary for such other needs as may arise; (5) To maintain, repair, replace and operate the properties for which the Association is responsible; (6) To enforce by any legal means, the provisions of the Declaration of Covenants, Conditions and Restrictions, the Bylaws of the Association, and the rules and regulations for the use of the Association property; (7) To contract for the management of the recreational property and to delegate to such manager or managers all powers and duties of the Association except those powers and duties which are specifically required to have approval of the Board of Directors or the membership of the Association; (8) To have ail of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration of Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS and all powers reasonably necessary to implement the purposes of the Association. I (9) Upon dissolution, the assets of the Corporation shall be distributed as set forth in G.S. Section 55A-14-03. ARTICLE IV MEMBERSHIP A. The membership of THE PALMS UNIT'OWNERS ASSOCIATION, INC. shall consist of the owners of units in THE PALMS CONDOMINIUMS, the Developer, and the owners of any other lands which may be added thereto by the Developer. Membership shall be established by acquisition of fee title to a unit in THE PALMS CONDOMINIUMS whether by conveyance, devise, descent, or judicial decree. A new owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership' of the prior owner as to a lot designated shall be terminated. Each new owner shall deliver to the Association a true copy of such deed or instrument of acquisition of title. B. Neither one's membership in the Corporation nor a member's share in the funds and assets of the Corporation may be assigned, hypothecated or transferred in any manner except as an appurtenance to THE PALMS CONDOMINIUMS. C. There shall be one class of members in the Association as provided for in the Declaration RE 2 RECEIVED JUN 0.6 2019 JUN 2 5 20 0CM- HD C DCM WILMINGTON, NC oven F. Siegel 110..Ev Ar Low WMI" STATION O E-ST D Ron. Sur 5 fta D . MC 26403 fs00ft PACE ARTICLE V p, O 7 2 7 DIRECTORS A. The number of Directors and the method of election of the Directors shall be fixed by the Bylaws; however, the number of Directors shall not be less than three. Directors shall be elected at large from the membership. B. The first election by the members of the Association for Directors shall not be held until after the Developer has relinquished control of the Association as set out in the Declaration of Covenants, Conditions and Restrictions. Thereafter, the election of Directors shall take place at the annual meeting of the membership as provided in the Bylaws. After the Declarant has relinquished control, there shall be a special meeting of the membership for the purpose of electing a Board of Directors to serve until the next annual meeting and until new Directors are elected and qualified. ARTICLE VI INITIAL BOARD OF DIRECTORS The number of Directors constituting the initial Board of Directors shall be three and the names and address of the persons who are to serve as the first Board of Directors are as follows: NAME 1. FRED J. MATT 2. KEITH M. BEATTY 3. STEVEN F. SIEGEL ADDRESS 4400 FALLS OF NEUSE ROAD WILMINGTON, NC 28403 60 PELICAN DRIVE WRIGHTSVILLE BEACH, NC 28480 803 NORTH LUMINA AVENUE WRIGHTSVILLE BEACH, NC 28480 ARTICLE VII TAX STATUS The Corporation shall have all the powers granted non-profit corporations under the laws of the State of North Carolina. Notwithstanding any other provision of these Articles, this Corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. This Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law. It is further provided that no distributions of income of the Corporation are to be made to members, directors or officers of the corporation; provided, however, that members of the Corporation may receive a rebate of any excess dues and assessments previously paid. I RECEI 3 RECEIVED JUN 0,6 2019 JUN 2 P 201S DCM-M,Fi c DCM WILMINGTON, NC riven F. Siegel = 5,,00o ac.� S J is 5 NC 26aOJ BOOB PAGE 2270 G728 ARTICLE VIII REGISTERED OFFICE AND AGENT The address of the initial registered and principal office of the corporation in the State of North Carolina is 60 PELICAN DRIVE, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA 28480, and the name of its initial registered agent at such address is KEITH M. BEATTY. ARTICLE IX INCORPORATOR The name and address of the incorporator is FRED J. MATT, 4400 FALLS OF NEUSE ROAD, SUITE 203, RALEIGH, WAKE COUNTY, NORTH CAROL►NA. 27609. ARTICLE X FINANCE The Association is not organized for pecuniary gain, nor shall it have any power to issue Certificates of stock or pay dividends. No part of the net earnings or assets of the Association shall be distributed upon dissolution, or otherwise, to any member, director, or officer of the Association. ARTICLE XI AMENDMENTS Any amendment to these Articles of Incorporation shall require the assent of one hundred percent (100%) of die voting members of the Association IN WITNES WHEREOF, the incorporator has hereunto set his hand and seal this _ day of O C - -1 1997. (SEAL) 7FRED A RECEIVED 4 JUN 5 20 JUN 0.6 2019 DCM-IVHD C DCM WILMINGTON, NC EXHIBIT "E" BYLAWS OF THE PALMS 5 0 0 K PAGE 2270 0729 UNITOWNERS ASSOCIATION, INC. ARTICLE I GENERAL 1. Name and Location. The name of the Association is THE PALMS UNITOWNERS ASSOCIATION, INC.. The principal office of the Association shall be located at 60 Pelican Drive, Wrightsville Beach, North Carolna 28480 or at such other place as may be subsequently designated by the Board of Directors of the Association. 2. Applicability. The provisions of these Bylaws are binding on all owners of units in THE PALMS (herein called "condominium project"), their tenants, guests, invitees, agents, employees, grantees, successors and assigns. 3. Fiscal Year. The fiscal year of the Association shall be the calendar year. 4. Definitions. The definitions of the terms used herein shall be the same as the definitions set forth in the Declaration, to which these Bylaws are attached. ARTICLE [I MEMBERSHIP Every owner of a unit shall be a member of the Association and membership in the Association shall be limited to unit owners. ARTICLE III MEETINGS OF MEMBERSHIP I. Place. All meetings of members shall be held at such place as may be designated in the notice of the meeting. U` 2. Annual Meeting. The first annual meeting of the members of the Association shall be held within thirty (30) days from the date on which the management of the condominium project is turned over by the Declarant to the Association, as provided in the Declaration. RECM Subsequent annual meetings shall be held at a date and time to be determined by the Board of RECEIVED JUN 2 5 t JUN 0.,6 2019 DCM-MHD i9 1 ECM WILMINGTON, NC 2270 0730 Directors of the Association. At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting. 3. Special Meetings. Special meetings of the members may be called at any time by the President of the Association or by the Board of Directors or at the written request of the members entitled to vote one-fourth (1/4) of all of the votes of the Association. Business transacted at all special meetings shall be confined to the objects stated in the notice of the meeting. 4. Notice of Meetings. Written notice of each annual and special meeting of the members shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the Association, at least ten (10) days, but no more than fifty (50) days, before the meeting. The notice shall specify the place, day, time and purpose of the meeting. Waiver in writing of the notice required herein, sighed by the member before, at, or after such meeting, shall be equivalent to the giving of such notice. Each member shall notify the Secretary of the Association of any address change, and the giving of notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary. 5. Membership List. At least ten (10) days before every election of directors, a complete list of members entitled to vote at the election, showing the unit owned by the member and the residence address of each, shall be prepared by the Secretary. Such list shall be open to examination by any member throughout the ten (10) day period preceding the election, until the election is completed. 6. Voting Rights. Each owner shall be entitled to vote in accordance with the owner's percentage interest in the common areas and facilities, as that percentage interest is reflected in the Declaration of Unit Ownership and Covenants, Conditions and Restrictions of THE PALMS CONDOMINIUMS (herein called "Declaration"). If more than one person or entity owns a unit, they shall file a certificate with the Secretary naming the person authorized to cast the vote for the unit. If no certificate is filed, the co -owners must designate, at the time of the meeting, the person authorized to cast such vote. 7. Proxies. At all meetings of the members, every member shall have the right to vote in person or by proxy. All proxies shall be executed in writing by the member or by his duly authorized attorney -in -fact and shall be filed with the Secretary. No proxy shall be valid after eleven (11) month from the date of its execution, unless otherwise provided in the proxy. 8. Quorum. The presence at a meeting of members entitled to cast, or of proxies entitled to cast, fifty-one percent (51 %) of the votes of the Association on the basis of common area ownership shall constitute a quorum for any action, except as otherwise provided in the Declaration or these Bylaws. If, however, such quorum is not present or represented at any meeting, the members present and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. If adjournment extends thirty (30) days past the originally scheduled meeting date, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided. RECEIVED J0 9 1UN 0,.6 2019 UN 2 5 2DCM-MHD T) DCM WILMINGTON, NC 2270 0731 9. Voting Required to Transact Business When a quorum is present at any meeting, a majority of the votes entitled to be cast by the members present or represented by proxy shall decide any question brought before the meeting unless the question is one upon which, by express provision of the Declaration or these Bylaws, a different vote is required, in which case such express provision shall govern and control the decision of such question. 10. Order of Business. The order of business at annual members' meetings and as far as practical at other members' meetings, will be: A. Roll call and certification of proxies; B. Proof of notice of meeting or waiver of notice; C. Reading of minutes of prior meeting; D. Officers' reports; E. Committee reports; F. Appointment by Chairman of Inspectors of Election; G. Approval of budget, if required; H. Elections of directors and officers; I. Unfinished business; J. New business; K. Adjournment. ARTICLE IV BOARD OF DIRFCTORS 1. Number. The affairs of the Association shall be managed by a Board of Directors consisting of three (3) directors. The three directors shall each be unit owners of the condominium. Until sixty per cent (60%) of the units are sold, the Developer shall have the right to select the Directors. 2. Term. The term of office of a director selected by the Developer shall be one year. The term of office of a director selected by unit owners shall be two years. 3. Nomination and Election. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a RECEIV RECEIVED 3 JUN 2 5 JUN O.6 2019 DCM-MHD DCM WILMINGTON, NC coor, PAGE ? 2 7 0 0732 member of the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not Jess than the number of vacancies that are to be filled. Such nominations may be made from among members only, Election to the Board of Directors shall be by voice vote unless secret written ballot is demanded by the owners of at least SO% of the votes of all Association members. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. 4. Vacancy. Any vacancy occurring in the Board of Directors by reason of transfer of ownership, death, resignation, retirement, disqualification, removal from office or other reason, may be filled by the remaining Board of Directors. A director appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. 5. Removal. Any director may be removed from the Board of Directors, with or without cause, by a majority vote of the total membership of the Association. 6. First Board of Directors. The first Board of Directors shalt consist of those named in the Articles of Incorporation of the Association. The first Board of Directors shall serve until the first annual meeting. 7. Compensation. No director shall receive compensation for any service he may render to the Association in his capacity as a director. However, each director shall be reimbursed for actual expenses incurred in the performance of his duties. 8. Powers. The Board of Directors may exercise all corporate powers not specifically prohibited by statute, the Articles of Incorporation or the Declaration to which these Bylaws are attached. The powers of the Board shall specifically include, but not be limited to, the following: a. To make and collect regular and special assessments and establish the time within which payment of such assessments are due. b. To use and expend the assessments collected to maintain, care for, manage and preserve the units and condominium property, except those portions thereof which are required to be maintained, cared for and preserved by the owners. c. To insure the common areas and facilities of the condominium project in the manner set forth in the Declaration against loss from fire and other casualty, and to insure the unit owners against public liability, and to purchase such other insurance as die Board may deem advisable. d. To employ and compensate such personnel as may be required for the maintenance and preservation of the property. IECEIVEI e. To make and amend rules and regulations governing the usRLfGclFIFWon 4 .IUN 2 5 20 JUN 0,6 2019 DCM-MHD C DCM WILMINGTON, NC 6001C PAGE 0 7 3 3 areas and facilities and the conduct of the unit owners, their tenants and guests, f. To acquire, rent or lease a condominium unit in the name of the Association or its designee. g. To contract for management of the condominium project and to delegate to such manager, employee or contractor all powers and duties of the Association except those specifically required by the Declaration to have specific approval of the Board of Directors or the membership of the Association- h. To enforce the provisions of these Bylaws, the Declaration and the rules and regulations promulgated thereunder by any legal means, including the denial of a unit owner's right to use the common areas and facilities and assessment of penalties as defined in the Declaration. i. To designate, as the Board deems appropriate, assigned parking spaces for each unit, visitors, service vehicles, and other vehicles. j. To propose and adopt an annual budget for the property. ARTICLE V MEETINGS OF DIRECTORS 1. Regular Meetings. The first regular meeting of each newly elected Board of Directors shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum is present, or as soon thereafter as maybe practicable. Subsequent regular meetings of the Board of Directors shall be held, at such place and hour as may be fixed from time to time by resolution of the Board, after not less than three (3) days notice to each director. 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any one (1) director, after not less than three (3) days notice to each director. 3. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business. The act of the majority of the Directors present at a meeting at which a quorum is present shall be regarded as the act of the Board. 4. Waiver of Notice. Attendance of a director at any meeting shall constitute waiver of notice of the meeting except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. If a meeting of directors otherwise valid is held without proper call or notice, action Laken at such a meeting is deemed ratified by a director who did not attend unless promptly, after having knowledge of the action taken and of the impropriety in question, he files with the RECEIVE D Secretary of the Association his written objection to the holding of the meeting or to any specific action so taken. RECEIVED JUN25219 5 JUN 0,6 2019DCM-MHD DCM WILMINGTON, NC LUUI( PAGE 2270 0734 5. Action Without a Meeting. Any action taken by a majority of directors without a meeting is nevertheless effective if written consent to the action is obtained from all the directors and filed with the minutes of the proceedings of the Board, whether done before or after the action so taken. 6. Astendance by Telephone. Any director may participate in a meeting of the Board, by means of a conference telephone or similar communications device which allows all persons participating in the meeting to hear each other. Such participation by a director in a meeting shall be deemed presence in person by the director at such meeting. ARTICLE VI OFFICERS AND THEIR DUTIES 1. Executive Officers. The executive officers of the Association shall be a President, Vice -President, Secretary and Treasurer, all of whom shall be elected annually by the Board of Directors from the membership. Any two offices may be held by the same person, except the offices of the President and Secretary. 2. Special Officers. The Board of Directors may from time to time elect such other officers as the affairs of the Association require, each of whom shall hold office for such period.. have such authority, and perform such duties as the Board may prescribe. 3. Term. The executive officers shall hold office for one year, unless they resign or are replaced. 4. Removal or Resignation. Any officer may be removed from office with or without cause, at any time, by action of the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of the notice, unless a later time is specified therein. The acceptance of the resignation shall not be required to make it effective. 5. Vacancy. A vacancy in any office may be filled by the Board of Directors. An officer appointed to fill a vacancy shall serve for the unexpired term of the officer he replaces. 6. Duties. The duties of the officers are as follows: a. President. The President shall preside at all meetings of the members and board of Directors; shall have general and active management of the business of the Association; shall see that all orders and resolutions of the Board are carried into effect; shall have general superintendence and direction of all the other officers of the Association and shall see that their duties are performed properly; shall be an ex-officio member of all committees, and shall have the general powers and duties of supervision and management usually vested in the office of the president of a corporation. b. Vice -President. The Vice -President shall act in the place and stead of the ,r7(7 � President in the event of his absence, inability or refusal to act, and shall exerct�$Irge 6 IJUN 2 5 201 UN 0.6 2019 1 DCM-MHD CI Y DCM WILMINGTON, NC c00K PAGE 2270 0735 such other duties as may be prescribed by the Board. c. ecre . The Secretary shall record the notes and keep the minutes of all meetings of the members and of the Board of Directors in one or more books provided for that purpose; shall see that all notices are fully given in accordance with the provisions of these Bylaws or as required by law; shall be custodian of the Association's records and of the seal of the Association and shall see that the sea] of the Association is affixed to all documents requiring said seal; shall keep the records of the Association, except those of the Treasurer, and in general, shall perform all duties as from time to time may be assigned to him by the President or by the Board of Directors. d. Treasurer. The Treasurer shall receive and deposit all monies and other property of the Association in such depositories as may be designated by the Board; shall keep proper books of account; shall disburse the funds of the Association as ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Board of Directors, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association, which records shall be open to inspection by members at reasonable times; shall, if required, give the Association at the Association's cost, a bond satisfactory to the Board, for the faithful performance of the duties of his office, and the restoration to the Association, in case of his death, resignation or removal from office, of all books, papers, vouchers, money or other property of whatever kind in his possession belonging to the Association; shall prepare an annual budget and statement of income and expenditures to be presented to the members at their regular annual meeting; shall with the approval of the Board, be authorized to delegate all or part of his responsibilities to competent accounting, collection or management personnel, but in such event, the Treasurer shall retain supervisory responsibilities, and, in general, shall perform all duties incident to the office of Treasurer and assigned to him by the President or the Board. 7. Indemnification. Any person other than one with whom the corporation has contracted for the management of the condominium project or any portion thereof, who at any time serves or has served as a director, officer, employee or agent of the corporation, or in such capacity at the request of the corporation for any other corporation, partnership, joint venture, trust or other enterprise, shall be indemnified by the corporation to the fullest extent permitted by law against (a) reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with any threatened or pending or completed action, suit or proceeding, whether criminal, administrative or investigative, and whether or not brought by or on behalf of the corporation, seeking to hold him liable by reason of the fact that he is or was acting in such capacity, and (b) reasonable payments made by him in satisfaction of any judgment, money decree, fine, penalty, or settlement for which he may become liable in any such action, suit or proceeding. The Board of Directors of the corporation shall take all such action as may be necessary and appropriate to authorize the corporation to pay the indemnification required by this Bylaw, including without limitation, to the extent needed, making a good faith evaluation of the manner, in which the claimant for indemnity acted and of the reasonable amount of indemnity due him 2ECEI� and giving notice to, and obtaining approval by, the members of the corporation. RECEIVED 5 7 JUN 0,6 1019 JUN 2 DCM_MHD DCM WILMINGTON, NC (300h PAGE 2270 0736 Any person who at any time after the adoption of this Bylaw serves or has served in any of the aforesaid capacities for or on behalf of the corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this Bylaw. 8. Fidelity Bond. The Association may provide blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. A management agent that handles funds for the Association should also be covered by its own fidelity bond. Except for fidelity bonds that a management agent obtains for its personnel, all other such bonds shall name the Association as and obligee and their premiums shall be a common expense and paid by the owners' Association. The fidelity bond shall cover the maximum funds that will be in the custody of the owners' Association or its management agent at any time while the bond is in force. In addition, the fidelity bond coverage must at least equal the sum of 3 months' assessment on all units in the project, plus the Association's reserve funds. The bonds must include a provision that calls for 10 days' written notice to the Association, any insurance trustee, or any servicer that services a FNMA -owned mortgage in the condominium project, before the bond can be canceled or substantially modified for any reason. ARTICLE VII COM,IMITTEES The Board of Directors shall appoint a Nominating Committee and such other committees as they may from time to time deem appropriate. ARTICLE Vill MAINTENANCE I. Association's Maintenance Responsibility. The Association, as a common expense, shall be responsible for the maintenance, repair and replacement of the common areas, limited common areas and facilities, and for any incidental damage caused to any unit by virtue of such maintenance, repair and replacement. The Association shall have the right to make alterations or improvements to the common areas and facilities and to assess unit owners for the same, provided these alterations are without prejudice to any unit owner and are approved by the Board of Directors; provided, further, that if any alterations or improvements are exclusively or substantially for the benefit of a small fraction of the unit owners who request the same, then the cost of such alterations or improvements shall be assessed against the unit owners benefitted in such proportion as the Board of Directors determine, Any unit owner, or their guest or assigns, who damages the commom areas or limited common areas, the unit owner will be responsible for the cost of the repair of said damage. 2. Unit Owners' Maintenance Responsi ili v. Each unit owner shall be responsible . FCEIVED for all maintenance and repair work within his unit, including, but not limited to wiring, RECEIVED s JUN 2 5 2019 JUN Q.6 2019 DCM-MHD CI' DCM WILMINGTON, NC GOOK PAGE 2270 0737 plumbing, air conditioning and heating equipment, appliances, interior wall and ceilings, surfaces, floors, exterior doors, and windows. Each unit owner is also responsible for keeping all parts of the unit in good, clean and safe condition, free of nuisance and for promptly complying with any requirements of the insurers of the common areas and facilities when so requested by the Board or the manager. Each unit owner is further responsible for any loss or damage to the common areas and facilities occasioned by his acts or by the acts of his family, guests, employees or agents, provided, that if such loss or damage is covered by any insurance maintained by the Association, the proceeds of the insurance shall be used for such maintenance, repair, or replacement and the unit owner shall only be required to pay the amount by which the costs of maintenance, repair, or replacement exceed the insurance proceeds, including any deductible. The unit owner's maintenance responsibility must be exercised promptly if failure to undertake such maintenance and repair would endanger or impair the value of the common areas and facilities or the other units. 3. Association's Right to Repair. Should a unit owner fail to comply with the maintenance and repair responsibilities, the Association, upon written notice to the unit owner, may make the required repair and assess the unit owner for the expense. 4. Approval of Payment f r Repairs. The Board of Directors or the manager shall establish a mechanism for approving payment for the expenses of maintaining, repairing and replacing the common areas and facilities. ARTICLE IX ASSESSMENTS I. Annual Assessments. The Board of Directors of the Association shall establish a proposed annual budget for each fiscal year in advance of the annual meeting. This budget shall project all common expenses for the forthcoming year required for the proper operation, management, and maintenance of the condominium project, including a reasonable allowance for contingencies and reserves. At least ten days prior to the annual meeting, copies of the proposed budget shall be delivered to each member of the Association, together with the proposed assessments against each unit. At the annual meeting, the budget shall be submitted to the membership for approval. As approved, the budget shall constitute the basis for all regular assessments for common expenses against unit owners. Should the Board of Directors at any time determine, in its sole discretion, that the assessments levied are, or may prove to be, insufficient to pay the costs of operation and management of the condominium project, the Board of Directors shall have the authority to levy such additional assessments as may be necessary, not to exceed a fifteen percent (15 %) increase over the previous year's assessment, without approval of the membership. Any increase in the annual assessments of greater than Fifteen percent (15%) shall require approval of the membership. 2. Capital Improvements. The Board of Directors of the Association, in establishing the annual budget for operation, management, and maintenance of the condominium, may designate therein a sum to be collected and maintained as a reserve fund for replacement of and capital improvements to the common areas and facilities, which capital improvement and RECEIVE replacement fund (capital improvement fund) shall be subject to the approval of?IK0*t►13Sip 9 JUN 0,6 7019 JUN 2 5 20 9 DCM-MHD N DCM WILMINGTON, NC BOOK PAGE 2270 0738 at the annual meeting. The amount collected for the capital improvement fund shall be maintained in a separate account by the Association and shall be used only to make capital improvements to common areas and facilities. Any interest earned on monies in the capital improvement fund may, in the discretion of the Board of Directors, be expended for current operation and maintenance. Each initial purchaser of a unit will pay a working capital contribution equal to two (2) months unitowners association dues, at closing. 3. Apportionment of Assessments. Assessments shall be apportioned among the unit owners on the basis of their proportionate undivided interests in the common areas and facilities, as set forth in the Declaration. 4. Unit Owner's Interest in Assessments. All assessments collected by the Association shall be treated as the separate property of the Association, and such monies may be applied by the Association to the payment of any expense of operating and managing the condominium project. As monies for any assessment are paid unto the Association by any owner of a unit, the same may be co -mingled with monies paid to the Association by the other owners of units. No member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest in the monies collected by the Association, except as an appurtenance to his unit. When the owner of a unit ceases to be a member of the Association by reason of transfer of ownership of the unit, the Association shall not be required to account to the owner for any share of the funds or assets of the Association which may have been paid to the Association by such owner. 5. Time of Payment. Assessments shall be payable in annual, monthly or other installments, as determined by the Board of Directors. 6. Default. Assessments shall be in default if not paid within thirty (30) days of the due date. Delinquent assessments shall bear interest at the maximum permissible legal rate until paid and late fees assessed by the Association. Any unit owner in default shall be obligated to pay such interest and late fees, together with all costs of collecting such assessments, including reasonable attorney's fees. 7. Remedies for Default. If an assessment against a unit owner is not paid when due, the unpaid assessment shall constitute a lien against the unit and its appurtenant undivided interest in the common areas and facilities, which lien shall secure the unpaid assessment, and interest thereon, any expenses incurred in collecting the assessment, and any advances for taxes, and payments on account of superior mortgages, liens or encumbrances required to be advanced by the Association in order to preserve and protect its lien. This lien shall be enforceable from the time it is filed in the public records of New Hanover County, North Carolina in the manner provided by Article S of Chapter 44 of the North Carolina General Statutes. The lien maybe foreclosed in the manner provided by North Carolina General Statutes 47A-22 and, in any such foreclosure proceeding, the Association shall be entitled to collect a reasonable rental for the unit from the unit owner and to appoint a receiver to collect the same. In addition, and without waiving its right to foreclosure, the Association shall have the right to maintain a suit to recover unpaid assessment or to exercise any other remedies provided in these Bylaws and the Declaration. RECEIVED to !UN 0_6 2019 JUN 25 20 DCN1-MHD C DCM WILMINGTON, NC BoorPACE �270 0739 8, Foreclosure. The Association shall have the power to bid on the unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. If the Association becomes the owner of a unit by reason of foreclosure, it shall offer said unit for sale. At such time as a sale is consummated, the Association shall deduct from the proceeds of said sale all sums of money due it for assessments and charges; the costs incurred in the bringing of the foreclosure suit, including reasonable attorney's fees; funds necessary to discharge any liens or mortgages of record, and any and all expenses incurred in the resale of the unit, which shall include, but not be limited to, advertising expenses, real estate brokerage fees and expenses necessary for the repairing and refurnishing of the unit in question. All surplus monies remaining after deducting the foregoing items of expenses, costs and other deductions shall be returned to the former owner of the subject unit, or paid to the Clerk of Superior Court in accordance with the general mortgage foreclosure laws of North Carolina. 9. Liability of Purchaser at Foreclosure Sale. When the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage, such purchaser, his successors and assigns, shall not be liable for the share of common expenses or assessments chargeable to such unit which became due prior to the acquisition of title to the unit by such purchaser. The unpaid share of the common expenses or assessments shall be absorbed and paid by the owners of all the units, including the purchaser, his successors and assigns, as common expenses, on the basis of their proportionate interest in the common areas and facilities. 10. Liability of Grantee in Voluntary Conveyance. In any voluntary conveyance of a unit, the purchaser shall be jointly and severally liable with the seller for all unpaid assessments against the seller up to the time of the grant or conveyance, without prejudice to the purchaser's right to recover from the seller the amounts paid by the purchaser therefor. 11. Notice of Unpaid Assessments to Prospective Purchaser. Tenant or Morteaeee. Whenever any unit is leased, sold, or mortgaged by the owner thereof, the Board of Directors or the manager, upon written request of the unit owner, shall furnish to the proposed purchaser, tenant or mortgagee, a statement verifying the amount of unpaid assessments chargeable to the unit. The purchaser, tenant or mortgagee may rely upon such statement in concluding the proposed purchase, lease or mortgage transaction, and the Association shall be bound by such statement. 12. Common Profits. If, in any year, there is an excess of assessments and other income over common expenses, the excess (common profits) shall, unless otherwise determined by the Board of Directors, be applied to payment of the next year's assessments. ARTICLE X FINANCES 1. Checks. All checks and notes of the Association shall be signed by the President, Vice -President, Secretary or Treasurer or by such other persons as the Board of Directors ;RECEIVE designate. RECEIVED t JUN 0.6 1019 JUN 2 5 201 DCM-MHD C Y DCM WILMINGTON. NC e � 2, Depository. The Association shall deposit its moniTdpl�uch bank or banks as the Board of Directors designate. 00 PAGE ARTICLE Xi 2 2 7 0 0 7 `j 0 RECORDS L Receipts and Expenditures. The Board of Directors or the manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities and any other expenses incurred. Both said book and the vouchers accrediting the entries thereupon shall be available for examination by all unit owners, their duly authorized agents and attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good and accepted accounting practices. 2. Other Records. The Board of Directors or the manager shall keep correct and complete books of records of account, minutes of the proceedings, and a record of the names and addresses of the members entitled to vote, which latter records must be kept at the Association's principal office. Any member, his agent or attorney may examine these books and records for any proper purpose at any reasonable time. 3. Inspection of Records. The Association shall make available to unit owners, lenders, holders, insurers or guarantors of any first mortgage, current copies of the Declarations, Bylaws or other rules concerning the project and the books, records and financial statements of the Association. Available means available for inspection upon request during normal business hours and under reasonable circumstances. Furthermore, upon written notice, any holder of a first mortgage on any unit of the condominium project shall be entitled to a copy of the Association's financial statement for the immediately preceding fiscal year. 4. Request for Notice. Upon written request to the Association, any mortgage holder, insurer or guarantor will be entitled to timely written notice of (a) any condemnation or casualty loss that affects either a material portion of the project to the unit securing its mortgage, (b) any sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds the mortgage, (c) a lapse, cancellation or material modification of any insurance policies or fidelity bond maintained by the Association, (d) any proposed action that requires the consent of a specified percentage of mortgage holders. ARTICLE Xll RULES AND REGULATIONS The Board of Directors shall have the right to enact administrative rules and regulations regarding the use of the common areas and facilities and conduct of the members and assess fines for infractions. RECEIVED RECEIVED 12 1'IN Q..6 2019 JUN 2 5 20191 DCM WILMINGTOP(W—MHD BOOT; PACE 2270 07`l ARTICLE XIII l AMENDMENT These Bylaws may be amended at a duly called meeting of the members, following an affirmative vote on the amendment by a majority of the Board of Directors. The notice of the members' meeting shall contain a full statement of the proposed amendment. Amendments must be approved by an affirmative vote of a majority of the votes of all Association Members, voting in person or by proxy. No amendment shall become operative until its has been set forth in an amended declaration and duly recorded in the office of the Register of Deeds of New Hanover County, North Carolina. All unit owners shall be bound to abide by any amendment upon the same being passed and duly set forth in an amended declaration, duly recorded. The foregoing were adopted as the Bylaws of the THE PALMS UNITOWNERS ASSOCIATION, INC., a non-profit corporation under the laws of the State of North Carolina, at the first meeting of the Board of Directors. Certified to be correct, this the 04 day of /V O/20l hem , 1997. RECE RECEIVED 13 JUN 0.6 2019 JUN 2 5 201 hCM-MHD CI�' DCM WILMINGTON, NC �a EXHIBIT B 213 BK: RRBNt11.6 IIIII11111111111111 ■ =5643 IECC 2019013179 NC FEE wanes NEWWNYT NCOUNTV, NC 0407:08P s_0y.0 TRMIY TIffLL9Ol EFAaIEY RA WNc RFK FBTATE By9T�NAWE pERE2 aEG181£RR nEEDa E ExT%leetam oEwtr NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,414.00 Parml Identifier No. R057I5-002-012-M Verified by County on the_ day of .20_ By Nail/Box to: . This instrument was prepared by Fuse law Firm PC. without title examination or cartificatiort Brief description for the Indu THIS DEED made this (071r day of M ft , 200— by and between GRANTOR Keith N. Beatty, unmarried 1120 Ullswater Ime Wihnington,NC28405 Shaun Kiviat 60 Pell= (hive NA Wrightsville Beach, NC 2 94 80 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, theirbeirs, successors, and assign, and shall include singular, plural, masculine, feminine or neuter as required by comext. WITNESSEIH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents don grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the.City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: BEING all of Unit A, The Palms Condominium as the same is shown on the plats thereof, recorded in Unit Ownership Book I I Pages 114 to 115, New Hanover County Registry, reference to said map being hereby made for a mom particular description. The property hereiabove described was acquired by Grantor by instrument recorded in Book 2271 page 490 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book l l page 114 , Par ld2 NC Bu Asbcietioa Pam Na 3 C 1976, Revised O 1977, 2002 2013 This saedmd fan bee been appmvei by Paned by Agreement with the NC Rv Aa afiuu-1991 North Cud=Bar Aeeaiehion-NC Bar Rum No.3 Return to: - Rovrar%aS Pl,w RECEIVED JUN 2 5 2019 OCA,9-MHD CITY RECEIVED UN 0.6 2019 DCM WILMINGTON, NC TO RAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grauteq that Grantor 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 Graumr will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book 2270, Page 706, New Hanover County Registry. 2019 ad valorem tortes. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and yea first above written. F6"- ` � 4t vz =/ (SEAL) (Entity Name) Prmtflype Name: Keith M. Beatty, unmarried PrionType Name & Print(Type Names By: (SEAL) Prmtflype Name & Title: Prim/Type Name: By PrimiType Name & Title: PmVlype Name Stateof North Carolina -County or City of New Haeavar L the undersigned Notary Public of die County or City of Now Hanover and State aforesaid, certify that Keith M. Beans, unmarried personally appeared before meths day and aclmowledprd endue exepudon of the foregoing instrument for the purposes tbereia,exprased. Witness my hand and Notarial stamp or seal this J:l_ day of q My Commission Expires: / -If, Zj f Notary Public New Hanover County r0L f K Notary Public (Affix Sal) _My Corrinnssion Expire,= Notay's Printed or Typed Name 09/18/2021 State of North Carolina-Countyor' h` 1, the undersigned Notary Public of the Cor�ty/''df✓l�,tysp4, and State aforesaid, certify that rrrtrinnninu3i Personally appeared before me this day and acknowledged the due execution of the foregoing instrumsct for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of ,20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that -he is the of —a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and a the act of such entity, —be signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of 20_. My Commission Expires: (Affix Sal) P,se 2 d2 NCBsrAuociuim F=Na 301916,1tmdad01917,2002,2013 Paimrdby Agme twkhthe NCB& Auoaadm-19B1 Notary Public Notary's Printed or Typed Name Thie 9.dm form ha, been aMla d by. Nvth Camdaa Bar Assn ...-NC B. Farm No.3 RECEIVED JUN 2 5 2019 RECEIVE16CM-MHD CITY JUN 0 6 2019 DCM WILMINGTON, NC TppNTY., TAME ALES'E°S`H New Hanover County e°c ' ,W Register ofDeeds Register of Deeds 3 z 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 C'm State of North Carolina, County of NEW HANOVER Filed For Registration: 05/06/2019 04:07:08 PM Hook: RB 6213 Page: 541-543 3 PGS $1,440.00 Real Property $26.00 Excise Tax $1,414.00 Recorder: STEPHANIE PEREZ Document No: 2019013179 DO NOT REMOVE! Mis oertificatimn sheet is a vital Part of your recorded document. Please retain with original document and submit v . re-recording. RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED JUN 0..6 2019 DCM WILMINGTON, NC BIT C STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: RB 6213 IIIIIN INI II IIIIN IINNI II N� iR5DEEo:-552 2019013181 )6-2019 NEW HANOVER COUNTY, NC )7:10 PM TAMMY THEUSCH BEASLEY ;TEPHANIE PEREZ REGISTER OF DEEDS NC FEE SM.00 CAROLINA GENERAL WARRANTY DEED WE HAVE NOT PROVIDED ANY TAX FDVICE IN CONNECTION WITH THE PREPARATION OF THIS DEED WE HAVE PREPARED THIS INSTRUMENT USING THE LEG L DESCRIPTION PROVIDED AND HAVE NOT EXAMINED TITLE TO THIS PROPERTY ND, THEREFORE, XPRESS NO OPINION AS TO THE QUALITY OF THE TITLE OF THE PROPERTY CONVE ED HEREIN. WE DID NOT ACT AS SETTLEMENT AGENT IN CONNECTION WITH THE CONVEYANCE HEREIN DESCRIBED AND THEREFORE HAVE NOTAND WILL NOT ISSUE TAX REPORTING DOCUMENTS. PREPARED BY AND RETURN TO: Richard T. "Chip" Rodgers, Jr. The Rodgers Law Firm, PLLC 1213 Culbreth Drive Wilmington, NC 28405 THIS DEED made and entered into tt KIVIAT, an unmarried man, 60 Pelica GRANTOR and said designation of th masculine, feminine or neuter as req SERIES, PO Box 1216, Wrightsville BE designation of the term GRANTEE as assigns, and shall include the singula m I.D.No.: R05715-002-012-002 Stamps: $0.00 is the � day of 2019, by and between SHAUN i Drive, #B, Wrightsville Beach, NC 28480, hereinafter referred to as term GRANTOR als used herein shall include the singular, plural, aired by the conte I xL and SKIV HOLDINGS, LLC, SERIES S. PELICAN B Bch, NC 28480, her inafter referred to as GRANTEE and said RECEIVED used herein shall in lude said parties, their heirs, successor and plural, masculine,, feminine or neuter as required by the context. IUN 2 5 2019 RECEIVEBCM-MHD CI i Drive — UnitB— GineralWarrantyDeed JUN Q.62019 Page 1 of 3 DCM WILMINGTON, NC The GRANTOR, for valuable consic hereby acknowledged, has and by GRANTEE in fee simple, all that ce Carolina and more particularly de: BEING ALL OF UNIT B, THE P, PLATS THEREOF, RECORDED HANOVER COUNTY REGISTR' PARTICULAR DESCRIPTION. WITNESS,ETH ion paid by the GRANTEE, the receipt and sufficiency of which is ce presents does g ant, bargain, sell and convey unto the lot or parcel of lamd situated in New Hanover County, North ed as follows: .MS CONDOMINI 1S AS THE SAME IS SHOWN ON THE I UNIT OWNERS4 BOOK 11 AT PAGES 114 TO 115, NEW REFERENCE TO WHICH IS MADE FOR A MORE SUBJECT TO THE DECLARATI N OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE P LMS CONDOMINIUMS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HA OVER COUNTY REGISTRY. (R05715-002-012-002) 60 PELICAN DRIVE, UNIT B WRIGHTSVILLE BEACH, NC 2 490 (0213 The prop rty herein above described was acquired by G ANTOR by instrument recorded in Book _ at Page y�f the New Hanover Coun Registry. TO HAVE AND TO HOLD the aforesai lot or parcel of land together with all rights, privileges, easements, tenements and appurtenances there o belonging unto the GRANTEE in fee simple. And the GRANTOR covenants with t has the right to convey the same in encumbrances, and that GRANTOR i persons whomsoever except for the Title to the property hereinabove THIS PROPERTY IS SUBJECT TO AD THIS PROPERTY 15 CONVEYED AND PROPERTY. THIS PROPERTY IS CONVEYED AND FEDERAL, STATE AND MUNICIPAL i STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN Dl THE GRANTOR(S) PURSUANT TO N.C. 60 Pelican GRANTEE, that GRANTOR is seized of the premises in fee simple, simple, that title is marketable and free and clear of all warrant and defend the title against the lawful claims of all ms hereinafter stated. is subject to khe following exceptions: TAXES. ED SUBJECT TO ALL EASEMENTS OF RECORD AFFECTING SAID ED SUBJECT TO THE PROVISIONS OF ALL APPLICABLE DEVELOPMENT, BUILDING AND LAND USE ORDINANCES, NOT INCLUDE TN E PRIMARY RESIDENCE OF AT LEAST ONE OF I. STAT. 105-317,2. RECEIVED — Unit B — General Warranty Deed Page 2 of 3 JUN 2 5 2019 DCNI-Iv'HD CITY RECEIVED JUN Q.6 2019 DCM WILMINGTON, NC IN WITNESS WHEREOF, the GRANTO has hereunto set their hand and seal the day and year first above written. )L j� (SEAL) SHAUN KIVIAT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Richard T. Rodgers, Jr., Notary Pubiic of the county and State aforesaid, certify that SHAUN KIVIAT, GRANTOR personally appeared befo me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp r seal this Fes-' R day of 2019. NOTA Y-PUBLIC: Richard T. Rodgers, Jr. (SEAL OR STAMP) My commission expires: 9/30/2023 RICHARD T. RODGERS, JR Notary Public, North Carolina New Hanover County My Commission Expires September 30, 2023 i 60 Pelican rive -Unit B -General Warranty Deed Page 3 of 3 RECEIVED JUN 2 5 2019 DCNI-MHD CITY RECEIVED JUN Q62019 DCM WILMINGTON, NC GapNTY H TAMBEASLEYSCH ORS Ne Hanover County o s Register of Deeds Register of Deeds Wi 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 �eucxco a Co .1 1tt1t1ti*ff#ik#wiffif #f##ff#f State of Filed For 1f###k%iiftf fflflfiflf t##fftf%%#% This certification sheet is a vital part of y when re-recording. let, .ff#♦i�f•t+#tt#•f.fft#•if#:**f:if11f:1wf#*w11w#w%##ff •f%f%#f#if#1ff Carolina, County of NEW HANOVER tration: 05/06/2019' 04:07.10 PM RB 6213 Page: 549-552', 4 PGS $26.00 Property $26.00 ecorder: STEPHANIE PEREZ went No: 2019013181 RECEIVED ECEIVED i*tiwtfififi*##*#*#*iff#aftifff%fff #%f fiffffff%itl�jWlf4�Yliif NOT REMOVE[ DCM-MHD CITY porded document. Plsas� retain with original document and submit I RECEIVED JUN 0.6 2019 DCM WILMINGTON, NC EX IBIT D + IIIII��I�I��IY�NIII� BK: RB 6213 PG:557560 2019013183 NCFEE $26X RECORDED' 05-06-2019 NEW HANOVER COUNTY, NC 04:07:12 PM TAMMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGMTEROFDEEDS DEPUTY STATE OF NORTH CAROLINA NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER PLEASE TAKE NOTICE: WE HAVE NOT PROVIDED ANY TAX ADVICE IN CONNECTION WITH THE PREPARATION OF THIS DEED WE HAVE PREPARED THIS INSTRUMENT USING THE LEGAL DESCRIPTION PROVIDED AND HAVE NOT EXAMINED TITLE TO THIS PROPERTY AND, THEREFORE, EXPRESS NO OPINION AS TO THE QUALITY OF THE TITLE OF THE PROPERTY CONVEYED HEREIN. WE DID NOT ACT AS SETTLEMENTAGENT IN CONNECTION WITH THE CONVEYANCE HEREIN DESCRIBED AND THEREFORE HAVE NOT AND WILL NOT ISSUE TAX REPORTING DOCUMENTS. PREPARED BY AND RETURN TO Richard T. "Chip" Rodgers, Jr. Parcel I.D. No.: R05715-002-012-003 The Rodgers Law Firm, PLLC 1213 Culbreth Drive Revenue Stamps: $0.00 Wilmington, NC 28405 THIS DEED made and entered into this the 4 Mday of AAA-i 2019, by and between SHAUbL KIVIAT, an unmarried man, 60 Pelican Drive, #B, Wrightsville Beach, NC 28480, hereinafter refer ' A GRANTOR and said designation of the term GRANTOR as used herein shall include the singular, plural, masculine, feminine or neuter as required by the context and SKN HOLDINGS, LLC, SERIES 6. PEP*'K 2019 SERIES, PO Box 1216, Wrightsville Beach, NC 28480, hereinafter referred to as GRANTEE and said designation of the term GRANTEE as used herein shall include said parties, their heirs, succli4QP447l ID CITY assigns, and shall include the singular, plural, masculine, feminine or neuter as required by the context. RECEIVED 60Pelican Drive — Unit C—General Warranty Deed JUN 062019 Page 1 of 3 DCM WILMINGTON, NC WITIN ESSETH: The GRANTOR, for valuable consideration paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: BEING ALL OF UNIT C, THE PALMS CONDOMINIUMS AS THE SAME IS SHOWN ON THE PLATS THEREOF, RECORDED IN UNIT OWNERSHIP BOOK 11 AT PAGES 114 TO 115, NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TO THE DECLARATION OF UNIT OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PALMS CONDOMINIUMS RECORDED IN BOOK 2270 AT PAGES 706 TO 741, NEW HANOVER COUNTY REGISTRY. (R05715-002-012-003) 60 PELICAN DRIVE, UNIT C WRIGHTSVILLE BEACH, NC 28480 (,Z)3 The pro erty herein above described was acquired by GRANTOR by Instrument recorded in Book _ at PageA�f the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land together with all rights, privileges, easements, tenements and appurtenances thereto belonging unto the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR 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 GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: THIS PROPERTY IS SUBJECT TO AD VALOREM TAXES. THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO ALL EASEMENTS OF RECORD AFFECTING SAID PROPERTY. THIS PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL ZONING, DEVELOPMENT, BUILDING AND LAND USE ORDINANCES, STATUTES AND REGULATIONS. THE PROPERTY DESCRIBED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF AT LEAST ONE ORECEIVED THE GRANTOR(S) PURSUANT TO N.C. GEN. STAT. 105-317.2. JUN 2 5 2019 DCh1-NIHD CITY RECEIVED 60Pelican Drive — Unit C— General Warranty Deed I UN 06 In19 Page 2 of 3 DCM WILMINGTON, NC IN WITNESS WHEREOF, the GRANTOR has hereunto set their hand and seal the day and year first above written. (SEAL) SHAUN KIVIAT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Richard T. Rodgers, Jr., Notary Public of the county and State aforesaid,', certify that SHAUN IVIAT, GRANTOR personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal this day daffy of —� 2019. 1/ 7 NOTARY BLI i and T. Rodgers, Jr. (SEAL OR STAMP) My commission expires: 9/30/2023 RICHARD T. RODGERS, JR Notary Public, North Carolina New Hanover County My Commission Expires September 30, 2023 RECEIVED .IUN 25 2019 DCM-MHD CITY RECEIVED 60Pelican Drive — Unit C— General Warranty Deed i�jN 0,1137019 Page 3 of 3 DCM WILMINGTON, NC I Gau�+rr,H TAfvIBE SSLEYSCH New Hanover County 0 �R Register of Deeds Z Register of Deeds 3 z 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 ti Telephone 910-798-030 # Fax 910-798-7716 ff Hi4i 4ff4Hf4tff ftit Yftt#f ifl4fff tttttft Htffftf tf4 ff fftft#f44411#fffHf1f 44f1tifN Htifkf #i HftMfkt##4tt State of North Carolina, County of NEW HANOVER Filed For Registration: 05/06/2019 04:07:12 PM Book: RB 6213 Page: 557-560 4 PGS $26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ RECEIVED Document No: 2019013183 JUN 25 2019 DC10-MHD CITY ##f##fflft4t#ft#tfi#ffkif411tf4t4tf4Y#tf4#t4f kf##iftiftf 44444444ffttft4tftitfif f4if Rfift#Yflf itf#f itff#4itf4 DO NOT REMOVE! This certification shoat is a vital part of your recorded document. Please retain with original docuaantand sutmit when re-recording. RECEIVED JUN 0.6 '019 EXHIBIT E CERTIFICATE OF FORMATION OF SKIV HOLDINGS> LLC (A Delaware Limited Liability Company) First: The time of the limited liability company is: sKIV HOLDINGS, LLc Second: Its registered office in the State of Delaware is located at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex. The registered agent in charge thereof is Harvard Business Services, Inc. Third: The limited liability company is established pursuant to Section 18-215 of the Limited Liability Company Act and may establish separate and distinct series of members, managers, and interests, each having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specifiedpropeity or obligations. The debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the limited liability company generally or any other series thereof, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the limited liability company generally or any other series thereof shall be enforceable against the assets of such series. IN WITNESS WHEREOF, the undersigned, being fully authorized to execute and file this document have signed below and executed this Certificate of Formation on this March 12, 2019. Harvard Business Services, Inc., Authorized Persog By Michael J. Bell, President KECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED JUN 0.6 119 DCM WILMINGTON, NC State of Delaware SeerNary of State DlvWoa of Corporations Debated-02:52PT103/122019 -. 4FUD 02:52n1031122019 SR 20191916346 - RaNumAer 7321560 Delaware Pagel The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SKIV HOLDINGS, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FOURTEENTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "SKIV HOLDINGS, LLC" WAS FORMED ON THE TWELFTH DAY OF MARCH, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN ASSESSED TO DATE. SR# 20191987166 You mayverify this certificate online at corp.delaware.gov/authver.shtml RECEIVED JUN 2 5 2019 DCM-MHD CITY V�IQ .hfU19 W. M "041e "qy of tim R ECtuYhetwV ttA&at ion: 202444780 Date: 03-14-19 JUN 0.6 7019 DCM WILMINGTON, NC STATEMENT OF AUTHORIZED PERSON IN LIEU OF ORGANIZATIONAL MEETING FOR SKIV HOLDINGS, LLC March 12, 2019 We, Harvard Business Services, Inc., the Authorized Person of SKIV HOLDINGS, LLC -- a Delaware Limited Liability Company — hereby adopt the following resolution pursuant to Section 19-201 of the Delaware Limited Liability Company Act: Resolved: That the Certificate of Formation of SKIV HOLDINGS, LLC was filed with the Secretary of State of Delaware on March 12, 2019. Resolved: That on March 12, 2019 the following persons were appointed as the initial Managing Members of the Limited Liability Company until their successors are elected and qualify: Shaun Kiviat Resolved: That the undersigned signatory hereby resigns as the authorized person of the above named Limited Liability Company. This resolution shall be filed in the minute book of the company. Harvard Business Services, Inc., Authorized Person By: Michael L Bell, President ***This document is not part of the public record. Keep it in a safe place.*** RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED JUN 0.6 ?019 DCM WILMINGTON, NC t* Book 6168 Page 694 BK: RB 6168 PG: 694 - 696 NC FEE S26,00 2D1 BD2B6B6 RECORDED. NEW HANOVER COUNTY. 09107rmie REAL ESTATE TAMMY THEUSCH BEASLEY 11:59:50AM EXTx a4200.00 REGISTER OF DEEDS BY, STEPI INIE PEREZ DEPUTY ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $4.200.00 Parcel Identifier No. R05715-002-01 1 -000 Verified by County on the day of--_ 20_ By: MBil/BOx to: Wilkerson law. PLLC. 2030 Eastwood R4- Unk2. Wftingom. NC 28403 This instrument was prepared by: Wilkerson Law, PLLC.2030Eastwood Rd_ Unit 2.Wihninam-NC28403 Brief description for the Index: LOT 4. CtannelAcres Subdivision THIS DEED made this 4 -kh day of September , 20 8S by and between Susan H. Barefoot, Co -Executrix, and Melba H. Jordan, Co-Execuhix of the Estate of Melba Faye Hefelfinger 18 E 923 and heirs Susan H. Barefoot and husband, Audio P. Barefoot, Jr., and Melba H. Jordan and husband, George H. Jordan, III I07Devonbrock1ane,CazgNC 27518 and 118 Duncansby Court, Cary, NC 27511 1.mvellA.Zimmer,anunmarried man RECEIVED 62 Pelican Drive Wrightsville Beach, NC 28480 2 5 2019 Enter in appropriate block for each Grantor and Grantee: name, mailiog address, and, if appropriate, character of entity, e.g corporation or partnership. 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 theGrantor, for a valuable consideration paid by the Grantee, the receiptof which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wrightsville Beach Township, New Hanover County, North Carolina and more particularly described as follows: CI Description is attached hereto marked Exhibit "A" which is hereby incorporated herein as if fully set out R EC E I V ED DCM WILMINGTON, JAN 292019 The property hereinabove described was acquired by Grantor by instrument recorded in Book 2181 page 596 All or a portion of the property herein conveyed _2L includes or _ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 9 page 27 Page I of 2 NC Bar Association Ponn No. 3 01976. Revised ®1977. 2002, 2013 11cis standard form has been approved by, Printed by Agreement with the NC Bar Association —1981 Nmth Carolina Her Association —NC Bar Pores No. 3 submitted electronically by "Wilkerson taw" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6168 Page 695 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances therem belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor 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 Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. The Lien of the 2019Ad VatoremTaxes not yetd ie and payable; 2. Restrictions of Record applicable to said Lot; 3. FasementstoPublicUtt"hhea' ofRecord;and4. 7oningand/or Buildmgmd Subdivmon Ordinances. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year lust above written. The Estate of Melba Faye Hefelfinm 18E923 Printr ype Name & Titl�e:bUSRn ri r3ffi WOW l;o-lSxeentlllt Prbv ype Name: Acme F iSatS`xaO Zl7 �/ By: /� Co -Ex ��f trlype er° iL (SEAL) Prim e n. & Title: el a H. JordaFrio ame: a By: Printfrype Name & Title: Prinv ype Nsme: e i State of 11caut `-tl"""'"- County or City of WO -W- I, the undersigned Notary Public of the County or City of Susan H. Barefoot and Audio P. Barefoot, Jr. execution of the foregoing instrument for the puses therein expressed. I�PANGU zzl�aWake Co.,My Co rR1"=,. (Affix and State aforesaid, certify that teraooallya ed before me this day and acknowledged thedue Witness my hand and Notarial stamp or seal this `f day of t t � Nora bGc Notary's Printed or Name btate or numi t.amuna - uouaty or Lily or sw "..0 1, the undersigned Notary Public of the County or City of l J"c and State aforesaid, certify that McIMH.ImhmmsdCren,nr_H.Jordan M personallyapp before me this day and acknowledgedthedue execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this `� -day of z l '?EBRA C. MA �UM �� j Notary Publlc (X My CotmnissibWOk511i&sNoAhic4S@8n9;c� �!Ip_. L. of Public (A%x S�yjconanission EigITi83 Aptt 2, 20PY Notary's Printed or Type sine State of North Carolina - County or Cityof Co I, the undersigned Notary Public of the County or City of F/2.8.e. C ryu....M and State aforesaid, certify that personally came before the this day and acknowledged that _ tXthe Co-Executrxes of The EstateofMelbaFWHefelfmger_,allorthCarolina or Estate file 18E923 NowHanoverCaaay corporationilimited liability company/general pannership/hmited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entiqnLhe signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 44 ` - day of , 20 18 My(osnmsaatmgxptr�c G. �— NotaryPublic (AM Ste) Notary Public Notary's Printed or edName Wake Co., North Camllna RECEIVED My Commission Expires April 2, 2022 Page 2of2 JUN 2 5 2U19 NC Ber Association Form No. 3 01976, Revised ® 1977, 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association —1981 North Carolina Bar Associatia NC Bar Form 3ITM RE�EIV C DCM WILMINGTON, NC JAN 2 9 2919 Hook 6169 Page 696 EXHIBIT'A' ATTACHMENT Being all of Lot 4 in Channel Acres Subdivision as the same is shown on map of said subdivision recorded in Map Book 9, at Page 27, in the office of the Register of Deeds of New Hanover County. Subject to the Declaration of Covenants recorded in Book 788, at Page 335, in the office of the Register of Deeds of New Hanover County. Parcel ID: 5715-002-011 -000 Property Address: 62 Pelican Drive, Wrightsville Beach, NC 28480 18-0185 ZIMMER 62 Pelican Drive, Wrightsville Beach, NC 28480 RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN292019 f & s111%40�46 Airs, RO. Box 868 Wrightsville Beach, NC 28480 (910) 256-3062 RETURN prpr1PT REQUESTED l 7017 0530 0000 9565 0284 ^'f /y',2' 4,-,b;y, �m.•/ wilt 6011te -gDBNED I 1,c�6llu1Jj6�J 1.�,G, v U N L MAY 10 2019 FCM LETTER E PAID - ') WRIO WRIG HTSVILLE BEACH, NC .o..a,000 JAN 29 19 =. .15 28405 R2304H108262-09 pE-rla zr ni 'rah cw NIDco UNZLA�MEi� UNABLE TO FORWARD 3 C': 2-`s =r.8 i3 Y9 Ei6$68 x2680-0861i-i7-,;u 'Jill IILII -1 it 1.._ '1'fl"'I"'li"I1P311ll111`i�l!'ll' „ 1111 ii -. 1 1 _ p•. 7 ' a;e 1�"!jzs,, S y B - v. •-a �u�ew�p R,enlle0 Pelo4lgey .Genlla0 uopeuupuOO W1,11"BlS ❑ r,A0pe=9UC0 a,nleuBIS 0 4egia0 Pslom Sallawwwow +ol ld"U =WU o Axwea L Pelo w AeMIe0 1-0 U IIeW perelsIB•U p AeNIeO Pale .lion Pe,elsl6eU ❑ ®ase,dxa IlaW 6R,opd ❑ ON ❑ :MOleq SSGUPPO /LIenlleP SGk ❑ U wail ww! megip ese,p �,enpa0;0 sle0 .0 (eweN pe7uu� eesse,PPV ❑ wGBy 93 E906-000-ZO-OM NSd 91Oe Rlnr ' G SSE UL0 j Sd: i s;agl h920 0,ea� 5956 re,nsw❑ 0�0❑ ❑E50 �epoaJ ❑ (lags/ eopves ww/ �e/suw,p �egwnN eplu y .Z 0❑ BI4ep ❑ ima 0E 6896 LZL8 80Zq Z0116 0696 o im assE III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �"U� �L�i'JS%TYI Di°Tl I :ol pos4GJPPV e luv 1 •g 'e0e1dlleul a4i;>f0 'so N-a- a-eds;1 luol; a41 u0 a0 aq eq; 01 pago s1414oe112G. ■ X *not o; Paeo 041 uanlea ueo em IN; de esaanau 041 uo ssQJPPL pug euagu an061upd 0 V '9Pug'9'4swe11eieldwoo ■ • d C,1s