85683D - Sunset

`°"S%�'®CAMA ❑ DREDGE & FILL N° 85683 A B c �
Previous permit
Date
z = GENERAL PERMIT
previous permit issued
M New ❑ Modification []Complete Reissue ❑ Partial Reissue lam- (4 2, 1'2bLZ -hy*A
As authorized by the State of North
N�orthh Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
15A NCAC r Z,W b ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules
Applicant Name L-(-
Address
City�K4o-sjUkState zip
Phone # (_ )
Authorized Agent KyT►y f 4mc5o
Project Location (County): f i4 A1✓ +�
Street Address/State Road/Lot #(s) I (.CHI 13=
Email Subdivision
City zip
��2� l`Z
Affected ❑CW EW PTA ❑ ES ❑PTS Adj. Wtr. Body IVr - (n1VC�A
an/unk
)
AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body \.-►— L
ORW: yes/® PNA:@/no
Type of Project/ Activity
Shoreline Length ��ZtyL
Access Length ^
Pier (dock) length
Fixed Platform(s)
Floating Platform(s)
Finger pier(s)
Total Platform area 1 70 JI
G in length/#
Bulkh / Riprap length
Avg distant ffshore
Breakwater/Sill
Max distance/ lengt
Basin, channel
Cubic yards
Boat ramp
Boathouse/ oatli IZT-
Beach Bullc�uBg
Other
SAV observed: yes
Moratorium: n/a (�
Site Photos:
Riparian Waiver Attached:
A building permit/zoning I
Permit Conditions . A[
I AM AWARE OF STATUTE!
A ent o p licant`PPRINT
iena re **Pleas
yes
yes
yes
nit may be required by:
4 T
lti
ZW
CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE
Permit
"j, it µ
rtSQ�- -Z-
b�
❑ TAR/PAM/NEUSE/BUFFER (circle one)
❑ See note on back regarding River Basin rules
❑ See additional notes/conditions on back
(Please
iance statement do back of perrMt** Sign e
Jt ZSc� j025*i5(3 Z
Check #/Mon y Order Issuin Date Expi lion &te
Application Feels)

Statement of Compliance and Consistency
This permit is subject to compliance with this application and permit conditions. Any violation of these terms may
subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for
compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this
permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the
local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s)
has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
F-1 Tar - Pamlico River Basin Buffer Rules F-1 Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules
for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the
NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the
Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215).
Notes/Additional Permit Conditions:
Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized
project area and disposed of in an appropriate upland location.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave Morehead City, NC 28557
252-808-2808/ 1-888-4RCOAST Fax: [phone]
(Serves: Carteret, Craven — south of the Neuse River, Onslow
Counties)
Elizabeth City District
401 S. Griffin St. Ste. 300
Elizabeth City, NC 27909
252-264-3901
(Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford,
Pasquotank and Perquimans Counties)
Washington District
943 Washington Square Mall Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext. Wilmington, NC 28405-3845
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover and Pender Counties)
http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021

o1*AC `4,LN❑LAMA El DREDGE & FILL
N9 85683 A B C ` D
-�
GENERAL PERMIT
Previous permit
Date previous permit issued
d New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue
As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
15A NCAC r't'° ' ❑ Rules attached.
❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules
Applicant Name )f1 l _C�Vf
Authorized Agent
r�Q
Address
Project Location (County):-
�?
City J I- "• State ZIP
Street Address/State Road/Lot #(s) t r)u r,`
Phone # (_ )
Email
Subdivision
City
^�
ZIP
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS
Adj. Wtr. Body
`'-C iat/man/unk)
AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS
Closest Maj. Wtr. Body��"�
ORW: yes/no PNA: yes/no
Type of Project/ Activity -
Shoreline Length z r
Access Length — I
-
Pier(dock)length
Fixed Platform(s) l Ld I I
I
(-
1
_ .
...... . ........... _. .._._ . .. - --
Floating Platform(s)
h
Finger pier(s) __ . - - - a.�. E..FFIM
_-. i...... ........
�...........4 , ..........� _................
Total Platform area
Groin length/#
Bulkhead/ Riprap length
Avg distanceoffshore
Breakwater/Sill`
Max distance/ length
Basin, channel I
Cubic yards
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
..........
Other
SAV observed: yes na
Moratorium: n/a yes
Site Photos: yes
Riparian Waiver Attached: yes no
A building permit/zoning permit may be required by:
Permit Conditions
i� C
;,• ❑ TAR/PAM/NEUSE/BUFFER (circle one)
❑ See note on back regarding River Basin rules
❑ See additional notes/conditions on back
I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please
lei j y-
Agent or Applicant PRINTED Name /R Permit Officer's PRINTED Name
•�,7t1.✓
e
Signature **Please read compliance statement on back of per t** Signature
Application Fee(s) Check #/Money Order Issuing Da et Expiration Date

Statement of Compliance and Consistency
This permit is subject to compliance with this application and permit conditions. Any violation of these terms may
subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for
compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this
permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the
local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s)
has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
1-1 Tar - Pamlico River Basin Buffer Rules 1-1 Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules
for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the
NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the
Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215).
Notes/Additional Permit Conditions:
Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized
project area and disposed of in an appropriate upland location.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave Morehead City, NC 28557
252-808-2808/ 1-888-4RCOAST Fax: [phone]
(Serves: Carteret, Craven — south of the Neuse River, Onslow
Counties)
Elizabeth City District
401 S. Griffin St. Ste. 300
Elizabeth City, NC 27909
252-264-3901
(Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford,
Pasquotank and Perquimans Counties)
Washington District
943 Washington Square Mall Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext. Wilmington, NC 28405-3845
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover and Pender Counties)
http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owi
Address of Property:
Mailing Address of Ow
Owner's email: all jF� Owner's Phone#: 24' 0 I'
Agent's Name: �•tie::2N D L.D Agent Phone#:
Agent's Email: �IA�V't/l� V V1®IGl t�3C� OIWtGI 1 1 %UVI'�
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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.
,k o < `� , I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I Gdonowish to waive the 15' setback requirement (initial the blank)
2�678
Signature of Adjacent Riparian Property Owner: AL" c 6L / � � I,W►� (1J�—
Typed/Printed name of ARPO: c e � ' V\� � �� e =2&�lP_ t,A
n
Mailing Address of ARPO: / 13 l 1ClSCCYCx-,rLc,-6eG c Q.� ,f3C'
� ` RECEIVED
ARPO's,,e''mail:AQC-NA&k1, SS C �ARPO's Phone#: I �j�joZ I (gyp
Date: T _- ,waiver is valid for up to one year from ARPO's Signature* APR Q 7 2022
Revised July 2021 N�
DCM WILMINGTON,

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion tobecompleted by owner or their agent)
Name of Property Owner: - A K56 L—L--C-
P Y (,OVA �T`c2��LlSeS,
Address of Property: I 0q'LM(N(-3r9iJ
Mailing Address of Owner: NO OV 55 d(° -,( ua1 0-,yi 16, 0C. 29-079
Owner's email: C VOV44y- -ba. Carty Owner's Phone#: 7704- 3C• (• �3
Agent's Name: zm4 A--!4-0J Agent Phone#:
Agent's Email: I wH-ar-NoldO0 `' 4 m i' f DI'A
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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
�/ DO NOT have objections to this proposal. I DO have objections to this proposal.
if you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owne
Typed/Printed name of ARPO: e Av/I/ ll b f I'C>, Ca ✓lam
Mailing Address of ARPO: PO -BOX W-30 i I ; �a
ARPO's email: ARPO's Phone#:
Date: *waiver is valid for up to one year from ARPO's Signature* fkSGENED
Revised JulA�2�0�1,�
pCM WI�M►N�'TON, NC

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" — I 1 MAP OF REVISION OP PIER AND DOCK SURVEY AS RECORDED IN MAP BOOK 37 PAGE 324 OP THE NEW HANOVER COUNT' REGISTRY
PREPARED FOR: PANSY RUTH ARNOLD , JONI LAVERNE MIDGETT,ETAL
vzt/ I I DEED BOOK G485 PAGC' 230-246
Lrr'nt ruse FF_DERAL POINT TOWNSHIP NP.W HANOVER COUNTY. N.C.
napbooM 7 1�: `?Ov,
rWRUARY O f . 2022
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2300A 14 rage %v
TAMMY THEUSCH New Hanover County
PIVER
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] - Fax [phone]
t
*t#t*t+*#t***#tt#*t*+t*t##t++#*#*#****+t*t+t+#+t++#*t#t++t#*t+***#*#t#+*##ttt*#***+tt*t*t##*##t#*t+###*#tt#*
State of North Carolina, County of NEW HANOVER
Filed For Registration: 02/10/2022 02:42:15 PM
Book: PLAT 71 Page: 45-46
2 PGS $21.00
Real Property $21.00
Recorder: KELLIE GILLS E,�EO
Document No: 2022005421
DC
M W,�M1NGTpN, NG
t+tt+#*++++#tt**#ttt+t+###*t+++**ttttt*t***#t*tt#+#+t+t#t*tt+++*+t##*t*+##t*t++++++#+++++++#tt+*t*++t++t#+++
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and Submit
when re-recording.
SK: PLAT 71
MINIMUM
REECCO flE�o-.
2022005421 aC FEE $21.00
02-10-2022
NEW HANOVER COUNTY, NC
02:42:15 PM
TAMW THEUSCH PIVER
BY: KELLIE GOLES
REGISTER OF DEEDS
DEPUTY

4/12/22, 1:58 PM
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Your item was delivered to the front desk, reception area, or mail room at 11:10 am on March 31,
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■ Complete items 1, 2, and 3.
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
'— 6V 6 &4,,vwe6
'//,0 ti/ ,Zoo IA
A.
X f El Agent
c� ElAddresseE
B. Rece— iint d Name) C. Date of Deliver
D. Is delivery address different from item 1? El Yes
If YES, enter delivery address below: ❑ No
47 `efifif,
Yl 3. Service Type ❑ Priority Mail Expresso
III II I I I I I III I I I I III El Adult Signature ❑ Registered Mail
❑ Adult Signature Restricted Delivery ❑ Restrict(
Mail
❑ Certified MailO Delivery
9590 9402 6667 1060 1172 56 Certified Mail Restricted Delivery ❑ Signature ConfirmationTl
n Collect on Delivery ❑ Signature Confirmation
2. Article Number (Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery
Tail
7021 2720 0002 5 2 9 2 0630 'ail Restricted Delivery
o)
P-q Pnrm 3R11 .li i%, gran PRN 7Fsn_no_nnn_gns.,A Drmestic Return Receint

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9590 9402 6667 1060 1172 56
United States
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• Sender: Please print your name, address, and ZIP+4® in this box*
�rV a"�'
lad OeeW4" w � 01'vd�CC
11/rLJ-din/G17Vd 2-611/2
-1111111... ... ..11,11111111111110111

■ Complete items 1, 2, and 3.
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Article Addressed to:
7/73 e444 M gam/ P-D-
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B. eceived by YPfinted Name) C. Date of Deliver
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If YES, enter delivery address below: ❑ No
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9590 9402 6667 1060 1172 63 ❑ Certified Mail Restricted Delivery ❑ Signature Confirmation"
❑ Collect on Delivery ❑ Signature Confirmation
2. Article Number (Transfer fmm cPmirg /"hum n Cn!I—t ^n Delivery Restricted Delivery Restricted Delivery
7021 2720 0002 5292 0647 tail
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USPS TRACKING #
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
9590 9402 6667 1060 1172 63
United States
Postal Service
• Sender: Please print your name, address, and ZIP+41" in this box*
` 1177I 14 )24V0L-D
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Book 6485 Page 230
BK: RB 6485
PG: 230 - 246 NC FEE $34.00
RECORDED: 2021041824
08r2W2021 NEW HANOVER COUNTY.
12:12:63 PM TAMMYTHEUSCH PIVER EXTX $0� REGISTER OF DEEDS
BY: KELLIE GILES
DEPUTY
ELECTRONICALLY RECORDED
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER,
='a —(A
Q JOINT DOCK USE, EASEMENT, AND MAINTENANCE AGREEMENT
na
rt o —
rt
rt THIS JOINT DOCK USE, EASEMENT AND MAINTENANCE AGREEMENT
m wn
3 � ("Agreement") is made this Z Sday of August, 2021 by and between MICHAEL S. KELLUM,
O X r CONNIE P. KELLUM ("Kellunis"), patties of the first part and PANSY RUTH ARNOLD and
r, o
Z � JONI LAVERNE MIDGETT ("Arnold and Midgett"), parties of the second part;
o IN
WITNESSETH:
3
rt N `<
WHEREAS, by deed recorded November 4, 1991, in Book 1574, Page 788, New Hanover
IS 0
J:E
w a County Register of Deeds, the Kellums were conveyed two tracts of land designated as Tract I and
3 a) a Tract II and an easement designated as Tract III for ingress and egress from such Tracts out to
A rf
3 U.S. Highway 421 (Carolina Beach Road) as is more particularly described in such deed, reference
� V1 ri
s o - to which is hereby made ("Kellum Deed"); and
<-0
rt M a WHEREAS, by deed recorded November 4, 1991, in Book 1574, Page 791, New Hanover
ma
County Register of Deeds, the Kellums conveyed to Pansy Ruth Arnold, one of the parties of the
o0 second part, a 1.06 acre more or less lot or parcel of land designated as Tract I in such deed (it
Q being the same Tract I as in the Kellum Deed), two easements designated as Tract II for ingress
J
o and egress out to U.S. Highway 421 (Carolina Beach Road) and Tract III ( a 15-foot easement,
rt n
p a all as is more particularly described in such deed, reference to which is hereby made ("Arnold
Deed"); and
rt
WHEREAS, the Kellums retained and still own the property designated as Tract II in the
O
o Kellum Deed and the easement designated as Tract III in the Kellum Deed and certain easements
H reserved in the Arnold Deed ("Kellum Property"); and

Book 6485 Page 231
WHEREAS, by deed recorded January 26, 1995, in Book 1849, Page 452, New Hanover
County Register of Deeds, Pansy Ruth Arnold conveyed the aforesaid Tract I and the easements
set forth in the Arnold Deed to Pansy Ruth Arnold and Joni Laverne Midgett (parties of the second
part to this Agreement), reference to which deed is hereby made (the property described therein is
hereinafter designated "Arnold and Midgett Property"); and
WHEREAS, the Kellums constructed a pier extending from the eastern portion of the
Kellum property and the southern portion of the Arnold/Midgett easement designated as Tract III
in the Arnold Deed into the waters of Myrtle Grove Sound ("Pier").
WHEREAS, Amold/Midgett commissioned a survey and map dated February 13, 1998
which they recorded in Map Book 37, Page 324, New Hanover County Register of Deeds
purporting to show the Pier and boat slips as they existed in 1998 ("Map"); and
WHEREAS, in a deed recorded February 23,1998 in Book 2315, Page 415, New Hanover
County Register of Deeds, the Kellums are listed as the Grantors and Arnold and Midgett are listed
as Grantees of Boat Slip "B" and Boat Slip "C" as shown on the Map ("Boat Slip Deed"); and
WHEREAS, due to storms and rebuilding and reconfiguring the Pier, the Pier evolved into
one with a floating dock with two boat slips with boatlifts in each, one to the south used by Arnold
and Midgett and one to the north,used by the Kellums as is more particularly shown on the aerial
photograph from 2014 attached hereto and incorporated herein by reference; and
WHEREAS, the Pier and floating dock are now in need of repair and/or replacement; and
WHEREAS, the parties hereto wish to enter into this Agreement to formalize their
agreement as to reconstruction, use and maintenance of the Pier and Arnold and Midgett's access
to the same;
NOW, THEREFORE, in consideration of the mutual promises, obligations, and other
consideration, including the agreement by Arnold and Midgett to repair/reconstruct the Pier and
boat slips and the agreement by the Kellums to clarify the easement rights of Arnold and Midgett,
the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as
follows:
1. Incorporation of Recitals: The Recitals set forth above are hereby incorporated into
the body of this Agreement as a substantive part hereof.
2. Nature ofAzreement: This agreement encompasses the repair and reconstruction,
use and maintenance of the Pier and Arnold and Midgett's access to the same as well as

Book 6485 Page 232
future maintenance and cost sharing agreements as more fully set forth herein. This
agreement entails the following general terms:
a. Mutual exchanges of valuable and adequate consideration;
b. Agreement regarding repair and/or reconstruction of the Pier by Arnold and
Midgett;
C. Joint Pier Maintenance Agreement (for after the repair/reconstruction of the
Pier by Arnold and Midgett) to include shared expenses for all future expenses
including but not limited to permits, repairs, electric, water to dock, liability
insurance, and upkeep;
d. Grant of an access easement through the Kellum Property to Arnold and
Midgett from their property to the Pier to enable them to access the Pier and
use a Boat Slipthat will supersede and replace the easement designated as
Tract III in the Arnold Deed, the Boat Slip Deed and the Map;
e. Events of Default;
f. Powers upon Default;
g. Transfer of rights and obligations created herein;
h. Cross Indemnification;
i. Use Restrictions;
j. Miscellaneous Terms and Conditions.
3. Exchanges of Consideration and Adequacy of the Same. Parties agree that the
promises, agreements and releases herein are full and adequate consideration for the
resolution of the above -referenced issues and promises made by each to the other therein.
4. Reconstruction of Pier: Parties agree that the Pier shall be repaired and/or
reconstructed as follows:
a. Arnold and Midgett, shall at their own cost repair and/or reconstruct the Pier
as follows:
repair/reconstruct the existing platform to a size of 12" X 16" with
new materials;
ii. construct the boat slips using the existing lifts;
iii. replace boat slip pilings, at least one of the floating dock pilings and
the finger pier piling as needed;
iv. repair gangway as needed; and

Book 6485 Page 233
V. replace pier deck boards as needed.
b. The newly repaired/reconstructed Pier shall conform to CAMA and other
applicable governmental agency requirements and shall remain substantially in its
current location and at least fifteen feet to the south of the Kellums' northern
boundary line so as to comply with CAMA setback requirements.
C. The Pier, floating docks, and boat slips shall be repaired/reconstructed by
an experienced marine contractor selected and retained by Amold/Midgett in their
discretion.
d. The reconstruction shall be undertaken with new materials except as set
forth in subsection 4(e) below;
e. Amold/Midgett shall be allowed to use the existing boat lift materials in the
reconstruction of the Pier. Moreover, pilings and other wood members from the
old pier or other previously installed materials that the contractor hired to
reconstruct the Pier believes are suitable may be incorporated into the
reconstruction work
f. To the extent new wiring and/or water lines are required, Arnold/Midgett
will reconnect thc'water and electricity services to the Pier. Water and electrical
service shall remain connected on the Kellum Property as it is currently, and the
Kellums shall continue to provide electricity and water to the Pier with the user fees
or charges split evenly between the Parties. In the event it is determined that it is
possible, reasonable and practical as may be determined in the discretion of
Arnold/Midgett, separate meters for each will be installed as a part of the
repair/reconstruction and each party will pay for his own water and electricity.
g. Kellums shall cooperate with the permitting of the repair/reconstruction to
include executing .all required documents for issuance of a CAMA minor permit,
and the Kellums hereby appoint and designate Arnold and/or Midgett as their agent
for purposes of executing any applications or other documentation required to
obtain a CAMA permit or any other governmental approval as may be necessary
for the repair/reconstruction of the Pier under this Agreement with said agency
ending upon completion of the repair/reconstruction work contemplated by this
Agreement.

Book 6485 Page 234
h. The contract for repair/reconstruction shall be executed by Arnold/Midgett,
in their individual capacities and shall be executed no more than 90 days after
issuance of CAMA permit.
i. Arnold and Midgett shall proceed with all diligence and haste to obtain the
CAMA permit and have the Pier and boat slips repaired/reconstructed as soon as is
reasonably possible after the current (2021) hurricane season.
j. Kellums shall allow access to that part of their property where the Fier
touches their land and shall otherwise allow reasonable access for the
repair/reconstruction work.
k. Prior to beginning the reconstruction work Arnold/Midgett shall provide
Kellums a copy of the executed contract with the reconstruction contractor
Arnold/Midgett agree to immediately remove or otherwise pay into the New
Hanover County Clerk of Court sufficient bond to remove any lien arising from the
repair/reconstruction work upon the Pier.
1. Until the repair/reconstruction is completed Arnold and Midgett, at their
own risk, shall have the right to use the Pier. Arnold and Midgett hereby release
the Kellums from any liability associated with any injury or damage that occurs as
a result of the use by Arnold and Midgett of the Pier.
5. Joint Maintenance Agreement: Upon the completion of the repair/reconstruction
work the Parties agree that following terms shall thereafter apply:
a. The Parties agree to split the costs of the water and electricity user charges
evenly;
b. Parties agree that for routine maintenance costs not to exceed $500.00 and
not caused by the negligence, misuse, abuse or acts of any party, the costs
of the sam2 shall be evenly split.
i. If the maintenance item(s) is expected to or otherwise does cost more
than $500.00 the parties shall agree in advance to perform the work. If
the parties cannot agree either party may undertake the work at their
own cost and seek relief as set forth below in the Events of Default
section.
ii. If the maintenance is required due to the act, misuse, abuse or

Book 6485 Page 235
negligence of a party, their guests, representatives or other person
authorized by a party to use the Pier, then the costs associated with the
same shall be borne solely by that party.
C. Notwithstanding (b) and (b)(i) above, should damages to the Pier occur as
the result of a named tropical storm and/or hurricane or by some other act
of God or unexpected event ("Event") that is not the result of the act,
misuse, abuse or negligence of one of the parties, then the Pier, floating
docks and, two boat slips shall be repaired/reconstructed to its then
configuration and substantially in the same location as existed prior to such
damage, and the costs associated with the reasonable repairs required as a
result of the Event shall be evenly split by the parties. If there is a dispute
regarding the reasonable repairs required, each party shall, in all due haste,
obtain a scope of work and estimate from an experienced and reputable
marine contractor and shall regard the least expensive as the proper scope
and cost for the repairs.
d. Each party shall be responsible for their own boat lift including the costs of
repairs to the same.
e. Parties shall maintain an appropriate insurance policy insuring themselves
and naming as the other party additional insureds for all public liability
arising out of the Pier and Arnold/Midget shall maintain an appropriate
insurance policy insuring themselves and naming as the other party
additional insureds for all public liability arising out of the easements
established herein. In the alternative or in addition, the Parties can agree to
purchase a policy of insurance which provides the same or acceptably
similar coverages for public liability.
f. Except as set forth in Paragraph 6 "Future Development/Subdivision",
Parties agree that there will be a maximum of two boat slips on or extending
from the Pier at any time. The Kellums shall own and have the sole right
of possession of the boat slip to the north and Arnold/Midgett shall own or
have an exclusive, perpetual easement and/or license to, and have the sole
right of possession of, the boat slip to the south.

Book 6485 Page 236
6. Future Development/Subdivision: Parties agree and acknowledge that the
Kellum Property may be contemplated for future development and/or subdivision
whether by Kellums or their successors in title. Parties acknowledge and agree that,
subject to the rights of Arnold and Midgett set forth in this Agreement, the entirety
of the Kellum Property and any parcels subdivided therefrom or developed
therefrom or recombined therewith shall maintain all riparian rights appurtenant to
said properties and each parcel subdivided from, developed from or recombined
from or with the Kellum Property, which shall have the ability to add two additional
boat slips similar in size and configuration to the existing boat slips (for a maximum
of four (4) boat slips), provided that the costs for permits, materials and labor
related to said addition shall be borne entirely by Kellums or their successor(s) in
title. Any changes to the Pier shall not diminish the size of Arnold's/Midgett's
boat slip nor diminish their use of the Pier or floating docks servicing their boat
lifl/boat slip Moreover, in the event the Kellums or their successor(s) in title
choose to expand the Pier as set forth herein, the financial responsibilities and
insurance requirements set forth in Paragraph 5 above will apply to the new boat
slip owners, and such financial responsibilities shall be diluted to be an even
allocation across the total number of slips. By way of example only, if the total
number of slips is expanded to three (3), then the costs associated with the matters
in paragraph 5 will be split into thirds.
7. Events of Default. Any of the following acts or omissions by one or more of the
parties shall each and together be Events of Default entitling the other party (s) to exercise
Powers Upon Default set forth in the following paragraph:
a. Failure to timely make any payment required by this Agreement;
b. Failure to execute any document as required by this Agreement;
c. Breach of any of the terms of this Agreement;
d. Intentionally damaging or demolishing any part of the subject matter of this
Agreement; .
e. Intentionally interfering, infringing or obstructing the use by any party of any
part of the subject matter of this Agreement;
f. Intentionally expanding the use or occupation of any part of the subject matter

Book 6485 Page 237
of this Agreement;
8. Powers Upon Default. In the event any of the above referenced Events of Default
occur, the non -defaulting, party shall provide written notice of default to the defaulting
party or parties and provide 10 calendar days from the date of sending said notice to cure
such default or provide reasonable assurances that the default will be cured within the 30
calendar days of the date of the assurances. Said Notice shall be sent to the address listed
below for the parties by Fed F,x, UPS or USPS Certified Mail, Return Receipt Requested.
In the instance that the defaulting party does/do not cure said default as set forth herein,
the non -defaulting shall be entitled to institute legal proceedings or seek other legal,
equitable or administrative remedies against the defaulting party. The party prevailing in
said legal, equitable or administrative proceedings shall be entitled to receive attorney fees
incurred in prosecuting or defending such matter.
9. Transfer of Rights and Obligations Created Herein: Parties agree that the rights,
obligations, privileges, easements and licenses set forth herein shall transfer upon the sale
of their respective properties as set forth in the recitals ("Property") to which these
attached, to the new owner(s) thereof. Parties may not otherwise transfer the rights,
obligations, privileges, easements and licenses set forth herein ("Transfer") to any third
party without (1) disclosing the terms of said Transfer to the other party and procuring the
written consent of the other party(s) and (2) written agreement by the transferee of
acceptance of each and every term of this agreement. The non-transfering party shall have
the right of first refusal as to any Transfer upon the same terms disclosed pursuant to this
provision. Parties are free to grant their guests, invitees and friends to use the Pier, their
easement(s) and their boatslip. Parties agree that they shall not lease, rent or otherwise
provide use for payment of the Pier or their boat slip to any third party without (1) written
consent of the other party(s) and (2) written agreement by the renter/lease/payor of
acceptance of each and every term of this agreement. Notwithstanding any Transfer set
forth herein, except as to a transfer by sale of the Party's Property, the transferring party
remains bound by and responsible for all aspects and terms of this Agreement.
10. Cross Indemnification of the Parties; Parties agree that they shall indemnify and
hold harmless the other party(s) against their own abuse, misuse, negligence or actions
resulting in damages to the Pier, boatslips, easements and fixtures. Moreover, the parties

Book 6485 Page 238
agree that they shall indemnify and hold harmless the other party(s) against their own
abuse, misuse, negligence or actions resulting in injuries to any person and/or property
other than the Pier, boatslips, easements and fixtures. Parties agree to indemnify and hold
harmless the other party(s) from and for any action, legal, equitable or otherwise, arising
out of or related to their ownership, use, Transfer, lease, rental, title defect or title action
of the Pier, their boatslip or any part of the subject matter hereof.
11. Use; Parties agree that other than as set forth herein related to renting or leasing
their boatslip, the parties will not make any commercial or business use of any part of the
subject matter of this Agreement.
12. Grant of Perpetual Easement, License and RiCht of Use: Kellums hereby give,
grant, bargain and convey to Arnold and Midgett, their heirs and assigns in the ownership
of the Arnold and Midgett Property, a permanent, perpetual, non-exclusive easement and
right-of-way over the related riparian area appurtenant to the Kellum Property and the Pier
to enable Arnold and Midgett, their heirs and assigns, to use the Pier and their Boat Slip
described herein, together with an easement and right-of-way for vehicular and pedestrian
access, ingress, egress, and regress, and for the installation and maintenance of utilities,
including electricity and water, for use on the Pier and/or Boat Slips, over the Kellum
Property from the Arnold and Midgett Property described as follows:
See Exhibit attached hereto and incorporated herein by reference.
The easements granted herein shall supersede and replace the easements granted in Tract
III of the Arnold Deed and the Arnold and Midgett Deed (Book 1849, Page 452, New
Hanover County Register of Deeds).
13. This Agreement shall supersede and replace The Boat Slip Deed recorded February
23, 1998 in Book 2315, Page 415, New Hanover County Register of Deeds and the Map
recorded at Map Book 37, Page 324, New Hanover County Register of Deeds.
14. Miscellaneous Provisions.
a. Ris4ht to Review,• Intent to Agree. The parties acknowledge that: (a) they have
been advised to consult an attorney prior to signing this agreement; (b) they
have read carefully and had sufficient time to consider this agreement and to
consult with their attorney concerning its contents and effect; (c) they
understand the terms of this agreement; (d) they knowingly and voluntarily

Book 6485 Page 239
released the rights identified herein; and (e) they have determined that entering
into this agreement is in their best interest.
b. Enforceability: Authority of Parties and Signators. The parties hereby represent
and warrant to each other that they have the power and authority to execute and
deliver this agreement and that they have obtained all necessary authorizations
to enter into this agreement, that the execution of this agreement does not
violate any agreement to which they are parties and that this agreement
constitutes a legal, valid and binding obligation enforceable upon the parries in
accordance with its terms. By his or her signature, each signator executing this
agreement on behalf of an entity covenants and warrants to the other parties that
he has the authority to do so as a binding and legally enforceable act of such
entity.
c. Entire Aareement• No Oral Modifications. This agreement contains the entire
understanding between the parties regarding the subject matter hereof and
supersedes any prior understanding or agreement between the parties respecting
such subject matter. There are no representations, warranties, arrangements,
understandings, or agreements, oral or written, relating to the subject matter of
this agreement, except as fully expressed herein. All of the terms of this
agreement are contractual and not a mere recital. This agreement may not be
altered, amended, modified or rescinded in any way except by written
instrument duly executed by the parties.
d. Legal Representation. The parties acknowledge, represent and agree, each with
the other, that (i) each has consulted with an attorney of their choice regarding
this agreement prior to the execution hereof, or had the opportunity to consult
with an attorney; (ii) each attorney or party has been afforded a full opportunity
to read, review and consider this agreement; (iii) each attorney or party has had
the opportunity to and has negotiated the terms of this agreement; and (iv)
neither party shall be deemed the drafter hereof_
e. Governing Law. All questions concerning this agreement and performance
hereunder shall be governed by and resolved in accordance with the laws of the
State of North Carolina.

Book 6485 Page 240
f. Warranty and Representation of Non -Assignment of Rights: Except as previously
disclosed to each other and as otherwise set forth herein, the Parties warrant and
represent that they are the sole owners of their respective rights, if any, with regard
to the matters referenced in this Agreement or any other matters in any way related
thereto, that they have not assigned, transferred, or conveyed at any time to any
person or entity any right or interest in any of said matters nor have they assigned,
transferred, or, conveyed at any time to any person or entity any alleged or
unalleged right, claim, or cause of action they may have against each other or
which may hereafter arise against each other or each other's heirs, assigns,
attorneys, agents, officers, directors, insurers, employees, or representatives
concerning any, of the matters referenced herein or any other matters in any way
related thereto.
g. Execution Under Seal. This agreement has been executed under seal in express
contemplation of the parties' continuing duties to perform and to be bound as
contemplated by its terms.
h. Disputes: Except as otherwise provided herein in regards to Defaults and
Powers Upon Default, disputes under, of or concerning this Agreement may
only be brought in a Court of appropriate jurisdiction in New Hanover County,
North Carolina. Any party having a potential dispute shall be required to first
commit the dispute to writing to the other party by Fed Ex, UPS or USPS
certified mail, return receipt requested and shall allow said party a minimum of
10 business days after confirmed receipt of written correspondence to explain,
refute or otherwise settle said dispute before any action legal, equitable or
otherwise may be undertaken unless such lawsuit contains a good faith request
for a Temporary Restraining Order to preserve the status quo or prevent
irreparable harm. Any lawsuit filed without first complying with this paragraph
shall be dismissed with prejudice and shall be considered violative of Rule 11
of the North Carolina Rules of Civil Procedure.
i. Further Actions: The Parties shall, for no further consideration, use their best
efforts to perform all such other actions and execute, acknowledge, and deliver
and cause to be executed, acknowledged, and delivered such other documents as

Book 6485 Page 241
may be reasonably required to effectuate the intent of the Parties, as reflected in
this Agreement.
j . Survival and Benefits: The warranties and representations contained in this
Agreement shall survive the completion of any of the performances required
hereunder. This Agreement shall run with the land and shall be binding upon the
Parties and all of their heirs, insurers, successors, assigns, transferees, licensees,
purchasers and'legal representatives.
k. Severability: If any provision(s) of this Agreement or the application of any such
provision(s) to any person, entity, or circumstance is determined to be invalid,
such invalidity shall not affect the validity of any other provisions or applications
of this Agreement that can be given effect without the invalid provision(s) or
application(s), and to this end the provisions of this Agreement are severable.
1. Address for Service of Notice of Default hereunder:
Ruth Arnold / Joni Midgett
R.A.G.S. Signs & Graphics
102 Portwatch Way, Unit C
Wilmington, NC 28412
Michael and Connie Kellum
P.O. Box 15014
Wilmington, NC 28408-5014
Future owners of the Kellum Property or the Arnold and Midgett Property
shall be provided notice at their last known address and, if different, notice
shall also be provided to the address on file with the New Hanover County
Tax Office.
IN TESTIMONY WHEREOF, the parties have caused this instrument to be
executed under seal and in such form as to be binding, this the day and year first above written.
MICHAE S. KELLUM
CONNIE P. KELLUM

Book 6485 Page 242
eaiwju
PANSY H AFNOLD
k
�q
JO I LAV RNE MIDGETT

Book 6485 Page 243
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following persons personally appeared before me this day, acknowledging to me
that they signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: MICHAEL S. KELLUM and CONNIE P. KELLUM.
Date:
(Official Seal)
H• Thp,4f,
NOrq
q o-
� •z=
1
AUS L I C
M,i.. , I
.Public
y'\ 141.1�n,Rw" CV1
Notary's printed or typed name
My commission expires: ()5 -1 b - =��
Notary seal or stamp must appear within this box.

Book 6485 Page 244
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging to me
that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: PANSY RUTH ARNOLD.
Date:
SAatu of Notary Public
L (his me .(P5
Notary's printed or typed name ff
My commission expires: y" -
(Official Seal)
Tracy L. Cisneros
Notary Public
New Hanover County
North Carolina
My Commission Expires 4/28/2024
Notary seal or stamp must appear within this box.

Book 6485 Page 245
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging to me
that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: JONI LAVERNE MIDGETT.
Date: 1
Sjgna ,e of Notary Public
_; .. ! (/k
Notary's Ihinted or typed name
My commission expires: ? 2 d Y'
(Official Seal)
Tracy L. Cisneros
Notary Public
New Hanover County
North Carolina
v Commission Expires 4/28/2024
Notary seal or stamp must appear within this box.
ND: 4838-4567-5512, v. 1

Book 6485 Page 246
Exhibit A to Agreement
Easement Description:
Beginning at the northwest corner of the Kellum Property along the eastern line of
the Arnold and Midgett Property and running thence in an easterly direction along
the Kellum northern property line to the mean high water line of the Intracoastal
Waterway, thence in a generally southerly direction with the mean high water line
of the Intracoastal Waterway to a point 5' south of the southern edge of the Pier,
thence in a westerly direction and parallel with, and 5' from the southern edge of
the Pier, to a point that is Tin a southerly direction from the southwest corner of
the Pier; thence in a westerly direction and parallel to the Kellum northern
property line 15' to a point; thence in a northerly direction to a point that is 15'
south of the Kellum northerly property line; thence west along a line that is 15'
south of and parallel to the Kellum northern property line to the eastern line of the
Arnold and Midgett Property; thence along and with the eastern line of the Arnold
and Midgett Property 15' to the point and place of beginning.
This Exhibit A — Easement Description — will be replaced by a more detailed and
accurate description once a survey map is completed depicting the Easement.
ND: 4832-2020-0952, v. 1

Data R—Nod
Dab DOMWed
Cback From Name
Name f P-M& h'~
Wndar
CMok number
Ch-k
amount
POMN Nu badCommants
R—Wpt a RefundfRMHwafad
Column!
Column2
Calumn3
Column/
Columns
ColumnN
Calumn7
Cok-8
Column9
4/18/2022
4/18/2022
4/18/2022
4/18/20:NI
_
RAGS Signs & Graphics_(Iof 2) Sunset Cove Enterprises LLC
RAGS Signs & Graphics (2 of 2) Sunset Cove Enterprises LLC
Scot Salzman same
iAnthonyClayton Snug Harbor HOA
Suntrust_
Suntrust
Wells Faro
I Wells Faro
25013
$ 100.00
GP #85683D
GP #85683D
GP #85787D
1 GP #85421D
BH rat. 17558
BH rct. 17558
JD rct. 17608
BH rct. 17559
25008
$ 100.00
1502
$ 200.00
1288
$ 200.00