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HomeMy WebLinkAbout132-96 TX AB Marina Group LLCPermit Class TRANSFER Permit Number 132-96 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to AB Marina Group, LLC, PO Box 17566, Raleigh, NC 27619 Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127 Middle Sound Road as requested in the pennittee's application letter 08/20/2015, This permit, issued on October 6.2015 , 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 1) This transfer must be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. The Transfer of Permit No. 132-96 issued on 05/16/13; b. The Minor Modifications issued on 05/29/13 and 11/15/13; c. The Renewal/Maintenance-5 issued on 02/11/14. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance.. In accepting this transfer, the new permittee agrees that all conditions and . stipulations of the active permit remain in force. NOTE: A permit transfer application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Bray on C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class TRANSFER Permit Number 132-96 STATE OF NORTH CAROLINA Department of Environmental. Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to AB Marina Group, LLC, PO Box 17566, Raleigh, NC 27619 Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127 Middle Sound Road , as requested in the permittee's application letter 08/20/2015. This permit, issued on - October 6, 2015 , 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 1) This transfer must be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. The Transfer of Permit No. 132-96 issued on 05/16/13; b. The Minor Modifications issued on 05/29/13 and 11/15/13; c. The Renewal/Maintenance-5 issued on 02/11/14. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new permittee agrees that all conditions and stipulations of the active permit remain in force. NOTE: A permit transfer application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 farther Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Bra- on C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee PWA I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Heather Coats Assistant Major Permits Coordinator, Wilmington FROM: Shaun Simpson Permit Support, Wilmington THRU: Debra D. Wilson District Manager, Wilmington DATE: August 20, 2015 Donald R. van der Vaad Secretary SUBJECT: Request for Transfer of State Permit No.132-96 Foreverhome of Wilmington III, LLC to AB Marina Group, LLC, New Hanover County Mr. Everett Daniels, Vice President of Construction, Dewitt Carolinas and acting agent for AB Marina Group, LLC, is requesting transfer of State Permit No. 132-96. State Permit No.132-96 was originally issued to Oak Winds Marina, do Charles Thacker on September 19, 1996 for renovation of an existing commercial marina, with some highground excavation and maintenance excavation of. the existing boat basin and access channel. State Permit No. 132-96 was amended on October 1, 1996 for the relocation of the spoil material. A Letter of Refinement was issued on October 21, 1996 for riprap placement in lieu of the authorized bulkhead. The permit was transferred to Marina Partnership, LLC and renewed for maintenance excavation on November 1, 1999. On November 22, 1999 State Permit No. 132-96 was transferred to Marina Partners, LLC and renewed for a five-year maintenance period. State Permit No. 132-96 was once again renewed for maintenance excavation on May 20, 2005. The permit was then transferred on September 27, 2005 to Atlantic Blue Properties, LLC and then again to Anchors Bend Yacht Club, Inc. on May 14, 2010. The permit was transferred again to Foreverhome of Wilmington III, LLC on May 16, 2013 and then modified on May 29, 2013 for reconfiguration of the existing 42-slip marina, including the removal of the existing two (2) large roof - covered docking areas, associated floating and fixed finger piers and pilings to continue to allow the existing facility to accommodate up to 42 vessels by reducing the total square footage by 401/o within the existing marina facility. State Permit No. 132-96 was again modified on November 15, 2013 to allow for the construction of a new boat ramp within the footprint of the existing marina facility. State Permit No. 132-96 was due to expire on December 31, 2013. On February 11, 2014, the fifth 5-year maintenance renewal was issued and is currently due to expire on December 31, 2018. On August 11, 2015, our office received this transfer request and transfer fee in the amount of $100 (check no. 1016). This office has no objections to the transfer of State Permit No. 132-96. A copy of the deed is included with this request. Enclosures cc: WiRO File; Doug Huggett, MHC DCM RECEIVED Tyler Crumbley, USACE; Chad Coburn, DWR AUG 2 5 Tog N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-7W72151 FAX: 910395,% An Equal opwwnity \ AMmiadve Action Employer re V To: NCDENR NC Division Of Coastal Management % Robb Mairs 127 Cardinal Drive Extension Wilmington, NC 28405 From: AB Marina Group, LLC Mailing Address: PO Box 17566 Raleigh NC 27619 Physical Address: 2127 Clemmons Way Wilmington NC28411 Subject: CAMA State Permit 132-96 Transfer Request To whom this may concern, AB Marina Group, LLC. the new owner/developer of property located at 2127 Clemmons Way Wilmington, NC is requesting CAMA State Permit 132-96 to be transferred to AB Marina Group, LLC. from the previous owner Foreverhome of Wilmington III, I.I.C. Please see attachment 1, recorded property transfer deed for proof of the real estate property and all related entitlements/permits transferred from Foreverhome of Wilmington III, LLC to AB Marina Group, LLC. If you need any additional documents and/or need to discuss this further, please contact me directly at: 919.215.5494 everett.danieis@dewittcarolinas.com Thank you, Everett Daniels VP of Construction — Dewitt Carolinas RECEIVED AUG 2 5 2m RECEIVED DCM WILMINGTON, NC P.O. Box 17566 • Raleigh • North Carolina • 27619 3301 Benson Drive • Suite 103 • Raleigh • North Carolina • 27609 • Phone: 919.863.1000 • www.DewittCarolinas.com DEEDS UII�IIIH I(I(I� II�I�IIN�IIINCIII ���I( 2015021018= i NORTH CAItOLINA SPECIAL WARRANTY DEED Excise Tax: $ 1,750,00 PIN: Parcel ID: R04517-003.007-000 Mail after recording to-, Grantee This instruntentwas prepared b r{iz&Schick,PLLC,P.O.Box30427,Raleigh;.NC 27622 taeSyw/otittceza,nl Brief description for :the Index: Anchors Bend Marina; Tract 1, BM 42, Page.120 THIS DEED is made This 9th day of July, 2015, by and between FOREVERHOME OF WILMINGTON III LLC, AB MARINA GROUP, LLC, a North Carolina limited liability company a North Carolina limited liability company 2840 Plaza Place; Suite 360 P.O, Box 17566 Raleigh, North Carolina 27612 Raleigh, North Carolina 27619 Enter in appropriate block for each party: name, address, and, if appropriate character of entity, e g partnership The designation Grantor and Grantee as used herein shallinclude said parties, their heirs, successors, and assigns, and shall include singular; plural, masculine, feminine or neateras required by. context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by thesepresentsdoes grant, bargain; sell and convey unto the Grantee in fee simple; all that certain lot or parcelof land situated in New Hanover County, North Carolina and more particularly described as follows: See Exhibit attaehed;hereto, which is incorporated herein by reference. fheproperty hereinabove described was acquired by Grantor pursuant to that North CarojlSpwal Wamaty'Deed recorded in Book 5673, Page 1871, New Hanover County Registry. :Previously, the pjop7t;tiy wits Lansfetted by instrument recorded in Book 5654, Page 2362, New HanoverCountyRegistry. Amap showing the above -described property is recorded in Map Book.42, Page 120, NewFlattoVer-&W'jk *W- TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and apprraoDarter ;thereto beictt ir*ECEIVED to the Grantee in fee simple, AM 2 b 101� $ AUG i titu � 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, except for the exceptions hereinafter -stated, title is marketable and free and clear of all encumbrances, that Grantor has done nothing toimpair such title as Grantor received,. and that. Grantor will warrantand defend the title against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise.. Title to the property hereinabove described issubject to the following exceptions: 1. Taxes for the year 2015, and subsequent years, not yet due and payable. 2, See Exhibit B attached hereto, which is incorporated herein by reference. No portion of the property herein conveyed includes the primary residence of Grantor. [ Rest of page left blank: intentionally— Signatures on following page IN WITNESS WHEREOF, the. Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers, the. day and year first above written. GRANTOR: FOREVERHOME OF WILMINGTON III LLC By: s`Y✓'ti (SEAL) Prinl ame: La e: E. i pincott ***** Note: Please sign in black Ink. Print Title: Manager **"** Note: Please ensure allof9Wilisiegible. ***** Note: Please ensure a V margin; no seal or writing within sueb I" :I`t`dlat, the edge.. STATE OF NORTH CAROLINA COUNTY OFiCI I� D. AAt4 e'rs , Notary Public for said County and State aforesaid, FOREVERHOME OF WILMINGTON III LLC, a Na duly given and as an act of the company, the foregoing any, and that by autho n its name by him/her. PiotaryPublic My Commission Expires;A is 3913TJ1 ,EH W HnDeed.. AB marina FEH-W 11 AB Marina Group LLC _ zw #. p9q��TS�yv `jtt Liba P! qq�g`F N3lltitl��i�41 , 1 i2ECkIVED AUG 2 5 2015 RECEIVED DCM WILMINGTON, NC Exhibit A LEGAL DESCRIPTION Lying and being Situate in New Hanover County, North Carolina, and more particularly described as follows: BEING ALL of Tract 1, as shown on that map recorded in Map Book 42 at Page 120, of the New Hanover County Registry reference to which map is hereby made for a more particular description. TOGETHER WITH all riparian rights applicable to the above -mentioned Tract 1, including rights to access the channel running to the Intra CoastalWaterway, and also the residual marsh lands bounded on the north by the Old Livingston Tract, referred to in the deed recorded in Book 922 at Page 922 of the New Hanover County Registry. TOGETHER WITH an easement for access to and from the above -referenced property over and across that certain area designated as "20.0' Road Right -of -Way — Map Book 5 at Page 20, as shown on the plat recorded in Map Book 35 at Page 46,, of the New Hanover County Registry, and as referenced in deeds recorded in Book 2523 at Page 388, Book 2523 at Page 391, and Book 2523 at Page 394, all of the New Hanover County Registry, TOGETHER WITH all those rights, benefits, covenants, conditions and easements pursuant to the terms of that certain Declaration of Covenants,' Conditions and Restrictions for Anchors Bend Yacht Club recorded December 14, 2007 in Book 5260 at Page I of the New Hanover County Registry, as amended by that certain Amendment to Declaration of Covenants, Conditions and Restrictions for Anchors Bend Yacht Club recorded July2t, 2008 in Book 5333 at Page 587 of the New Hanover County Registry, as assigned to WSLD Anchors Bend VI, LLC by that certain Quitclaim Transfer and Assignment of Charter Member Rights and Charter Memberships recorded in Book 5640, Page 563 of the New Hanover County Registry, as further assigned to WSLD Anchors Bend M-VI, LLC by that certain Quitclaim Transfer and Assignment of Charter Member Rights and Charter Memberships recorded in Book 5654, Page 2370 of the New Hanover-� Registry, as otherwise supplemented, amended or modified, to the extent same constitute real property title interests under North Carolina law. The Land also being described as: Beginning at an existing iron pipe in the Southern 20' road right: of way as referenced to Map Book 5 Page 20 in the Office of the New Hanover County, North Carolina Register of Deeds at the Southeast comer of Charles M. and Jennifer F. Davis property as recorded in Deed Book 1974 Page 171. Said existing iron pipe being S 53' 00' 38" E 321.29' from an existing Mag Nail that is S 12" 53' 31" W 150.56' from an existing iron rebar that is S 3 P 26' 46" W 511,46' from an existing iron rebar having coordinates of N-187,42421 and E-2,368,634.93 as referenced to NAD 83(CORS96). Said existing iron pipe being the plaw,r4p 4Ptlint of Beginning, 1. Thence with the Eastern property line of said Charles M. & Jennifer F. Davis as referenced`abo;W and running N 260 08' 23"E 99.63' to an existing iron pipe. 2. Thence continuing and running N23'37'37"W199.33'(passitrgovor"e.wiron pipe set atl$$; 'jl to a point in the mean high waterline of a marina basin. RECEIVED AUG 2 6 20bi ix,akwwnu dun North Carolina Department of Environmental Quality Pat McCrory Governor October 12, 2015 AB Marina Group, LLC P.O. Box 17566 Raleigh, N.C. 27619 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, uglas V. Huggett Major -Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity I Aftrmatve Acton Employer— Made In part by recycled paper DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET Permitee: AR M6-60& C�2n�i�f LL-G Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington mg o US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: er C b Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams '(WIRO) Joey White (WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ken Pace DMF/ Patti Fowler Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: oanne Steenhuis — 4 C a o urn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Gebrgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:_ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATrOMON OF: 29, September, 2015 Regulatory Division Action ID No. SAW-1996-03725, General Permit No. 1978000291 State Permit No: 132-96 Dewitt Carolinas Attn: Mr. Everett Daniels, Vice President Post Office Box 17566 Raleigh, North Carolina 27619 Dear Mr. Daniels: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to transfer your permit originally issued to Forevermore of Wilmington III, LLC) to AB Marine Group, LLC. This permit authorizes the renovation and expansion of an existing commercial marina, including maintenance dredging of shallow water bottom for the construction and reconfiguration of bulkheads and piers, at 2127 Middle Sound Road, Oak Winds Marina, adjacent to Middle Sound, in Ogden, New Hanover County, North Carolina. Coordinates are: 34.2574-N,-77.7784-W. The proposal continues to be Consistent with the provisions and objectives of general permit No. 1978000291 (enclosed). The permit is hereby transferred. It is understood that all other conditions of your permit remain applicable and the permit will expire December 31, 2016. Questions or comments may be addressed to me at the Wilmington -Field Office, Regulatory Division, at telephone (910) 251-4170. Sincerely .10010 �f Tyler Crumbly, rrojject Manager Enclosure: GP 291 conditions RECEIVED OCT 0 2 Z015 DCM- MHD CITY -2- Copies Furnished (without enclosure): Ms. Heather Coats Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce.Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Qilden Um"rl'sAttach'ed'° se' fe b r;29j*•2, 01 , "dewit`t To: NCDENR NC Division, Of Coastal Management. Robb'Mairs 127 Cardinal Drive Extension Wilmington, NC 28405 From:. AB Marina.Group, LLC Mailing Address: PO Box 17566 Raleigh NC27619' Physical Address: 2127 Clemmons Way Wilmington NC,28411 Subject: CAMA State Permit 132-96 Transfer. Request To whom this may concern,. AB Marina Group, I.I.C. the new owner/developer•of property located at 2127 Clemmons Way Wilmington, NC is requesting CAMAState 'Permit 131-96 to betransferred to AB Marina Group, I.I.C. from the previous owner Foreverhome of Wilmington III, I.I.C. Please see attachment 1, recorded property transfer deed for proof of the real estate property _and ,all related'entitlements/permits transferred from Foreverhome of Wilmington ill, LLC to AB Marina Group, I.I.C. If you need any additional documents and/orneed to discuss this further,please contact me directly at: 919.215.5494 evere tt.d a n iels@ dewittcarolin a s:co m Thank you, Everett Daniels VP of.Construction— Dewitt Carolinas P.O. Box 17566 •':Raleigh North Carolina • 27619 3301 Benson Drire.• Suite 103 • Raleigh • North Carolina • 27609 • Phone::919.863.1000 www.pewltxCaro1V8 C E iNv%D SEP .Y g 2015 AdeWitt Addendum 1: September 29, 2015 Subject: CAMA State Permit 132-96 Transfer To,wbom this may concern, In addition to the.CAMA State Permit;132-96 Transfer Request Letter; All Marina Group, I.I.C. will use the permit for the purposes for which it:was issued. AB Marina Group, I.LC.rhas made no substantial change in conditions, circumstances, or facts affecting the project. AB Marina Group, LLC has made no,substantial change or modification of the project as proposed in the: original application. Thank you, Everett Daniels VP of Construction — DewitfCarolinas I P.O. Box 17566 • Raleigh • North Carolina • 27619 ® 3301 Benson Dewd • Suite 103 • Raleigh North Carolina - 27609 •.Phone: 919.863.1000• www.DewktCarolinas.coM %ns '' ,rROM6� 1 01, :os NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $ 1,730.00 PIN; - - . Parcel ID: R04517-003.607.000 Mail after recording to: Grantee . This instrument was prepared b$Orliz &Schick; MC, P.O. Box 30427, Raleigh; NC 27622 (JPSgwio twa=a m) Brief description for -the .Index: I _Anchors Bead Marina; Tract 1, BM 42, Page 120 THIS DEED is made this 9tkday of July, 2015. by and between: RQRCVERHOME'Or 1VILMINGTON III LLC, a North Carolina limited liability,coinpsay, 2840 Plaza Place, Suite 360 Raleigh; North Carolina 29612 AD MARINA GROUP, LLC, a Nor th;Carolina limited liability company P.O. Box, 17566 Raleigh, Nohh Carolini 27619 Enter inappropriate .block 'toreach party., name, address �a ud if appropriate character of entity, e.g.paitnershi 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 is required by context. WITNESSETH, that the Grantor,:for a valuable consideration paid by -the Grantee; the receipt of which is'hereby. acknowledged,. has4nd by these presents does grant, bargaini'scll and conyeyanto the Grantee hrfeclsimple, ell that certain lot or -parcel of -land situated in New.Hanover County, North Carolina and inure particularlydescribed as follows: See: Exhibit A attached hereto, which IsAncorporated herein by reference. The property hereinabove described was acquired by Grantoppursuant to that:Norlh Carolina Special Warranty Deed recorded mi Book 5673, Page"1871, New Hanover County Registry. Previously, the property was transferred by inslsuinenl recorded in Book 5654, Page 2362; New HanoverCountyRegislry. A map showing the above -described property is;rccordcd in Map B6ok42; Pagd 120, New Hanover County Registry, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges: and appurtenances thereto belongin& to the Grantee in fee simple. � tkw\ I0.. Lc c L_ w -t m Exhibit A LEGAL DESCRIPTION Lying and being situate in Now Hanover! County, North Carolina; and more particularly described as follows: BEING;ALL of Tract 1, as shown onthal tpap recorded in Map Book 42 of Page 120, of the New:Hanover County Registry referenceto which map is It mby.made for amore:padibulardescription: T06ETEER WITH al the channel ivnniiig to bythe:0ld Livingston County Registry. TOGETHER WITH an easement for access to and from the above-referem certain area designated as "20.0.' Road,Right of Way — Map Book.S at recorded•in Map Book 35 at;Page;46,'of the New, Hanov6tounty.Regi. recorded in Book 2523 at Page 388, Book 2523 at Page'391, and Book,2 Hanover County Registry. TOGETHER WITIi all those rights, benefits, c that certain Declaration ofCovdnants, Conditk December 14, 2007 in Book. 5260 at Page 1 e certain Amendment to Declaration of Covenant recorded July 21, 2008 in.Book 5333 At Page WSLD Anchors Bend VI,`-LLC•by that,certai Righta and Charter Memberships recordedln ) as further assigned to WSLD Anchors Bend M- of, Charter Member Rights and; Charter MeinHanover County Registry, as otherwise suppler real property title interests.urider Noah Carolin The Land also being described as: A property over and across that ?age;20, as shown on the plat iy,.and as'referenced in�deeds 23 itpage'394, all,of llicNcw ements ptusuant'to the, terms of mis Bend Yacht Club recorded Registry, as amended by that. s forAnchors Bend YachiClio puny Registry, as —assigned to ssiiiiment of Charter. Member few Hanover County Registry, 'term Transfer aid Assignment 5654, ,Page 237Q of the New 1; to the extent same constiti4d Beginning at an existing iron pipe in the Southern 20''r9ad right of way as referenced.to Map Books Page 20'in the Office of the New Hanover County, North Carolina Register of Deeds it the Southeast comer of Charles M.4nd Jennifer F. Davis property as recorded in Deed Book 1974 Paget71. Said existing iron pip e. being S 530 00' 38" E 321,29' from an existing Mai Nail that is S, W 53'311" W 150.56' from an existing iron rebar that is S 31° 26' 46" W 511,46' from an existing iron rebar having coordinates of N-L87,424i21 and:E-2368,634.93 as referenced toFNAD 83(CORS96). Saidexis'ting iron pipe being the place and Point of Beginning, I. Thence with the Eastern property line of said Charles M. & Jennifer F. Davis as referenced above and running N 266 08' 23" E 99:63' to an exisling'ironpipe. 2. Thence continuing and running N23'37'37"W199.33'(passingover anew iron pipe set atI85.00') to a pointan the mean high water line of a marina basin. WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Heather Coats Assistant Major Permits Coordinator, Wilmington FROM: Shaun Simpson " Permit Support, Wilmington THRU: Debra D. Wilson Qpd District Manager, Wilmington DATE: August 20, 2015 Donald R. van der Vaart Secretary SUBJECT: Request for Transfer of State Permit No. 132-96 Foreverhome of Wilmington III, LLC to AB Marina Group, LLC, New Hanover County Mr. Everett Daniels, Vice President of Construction, Dewitt Carolinas and acting agent for AB Marina Group, LLC, is requesting transfer of State Permit No. 132-96. State Permit No.132-96 was originally issued to Oak Winds Marina, c/o Charles Thacker on September 19, 1996 for renovation of an existing commercial marina, with some highground excavation and maintenance excavation of the existing boat basin and access channel. State Permit No. 132-96 was amended on October 1, 1996 for the relocation of the spoil material. A Letter of Refinement was issued on October 21, 1996 for riprap placement in lieu of the authorized bulkhead. The permit was transferred to Marina Partnership, LLC and renewed for maintenance excavation on November 1, 1999. On November 22, 1999 State Permit No. 132-96 was transferred to Marina Partners, LLC and renewed for a five-year maintenance period. State Permit No. 132-96 was once again renewed for maintenance excavation on May 20, 2005. The permit was then transferred on September 27, 2005 to Atlantic Blue Properties, LLC and then again to Anchors Bend Yacht Club, Inc. on May 14, 2010. The permit was transferred again to Foreverhome of Wilmington III, LLC on May 16, 2013 and then modified on May 29, 2013 for reconfiguration of the existing 42-slip marina, including the removal of the existing two (2) large roof - covered docking areas, associated floating and fixed forger piers and pilings to continue to allow the existing facility to accommodate up to 42 vessels by reducing the total square footage by 40% within the existing marina facility. State Permit No. 132-96 was again modified on November 15, 2013 to allow for the construction of a new boat ramp within the footprint of the existing marina facility. State Permit No. 132-96 was due to expire on December 31, 2013. On February 11, 2014, the fifth 5-year maintenance renewal was issued and is currently due to expire on December 31, 2018. On August 11, 2015, our office received this transfer request and transfer fee in the amount of $100 (check no. 1016). This office has no objections to the transfer of State Permit No. 132-96. A copy of the deed is included with this request. Enclosures cc: WiRO File; Doug Huggett, MHC DCM Tyler Crumbley, USACE; Chad Coburn, DWR N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 An Equal Opportunity l Afirmatve Acton Employ% To: NCDENR NC Division Of Coastal Management % Robb Mairs 127 Cardinal Drive Extension Wilmington, NC 28405 From: AB Marina Group, LLC Mailing Address: PO Box 17566 Raleigh NC 27619 Physical Address: 2127 Clemmons Way Wilmington NC 28411 Subject: LAMA State Permit 132-96 Transfer Request To whom this may concern, AB Marina Group, LLC. the new owner/developer of property located at 2127 Clemmons Way Wilmington, NC is requesting CAMA State Permit 132-96 to be transferred to AB Marina Group, LLC. from the previous owner Foreverhome of Wilmington III, LLC. Please see attachment 1, recorded property transfer deed for proof of the real estate property and all related entitlements/permits transferred from Foreverhome of Wilmington III, LLC to AB Marina Group, LLC. If you need any additional documents and/or need to discuss this further, please contact me directly at: 919.215.5494 everett.daniels@dewittcarolinas.com Thank you, Everett Daniels Y�� VP of Construction — Dewitt Carolinas RECEIVED DCM WILMINGTON, NC AUG 112015 P.O. Box 17566 • Raleigh • North Carolina • 27619 3301 Benson Drive • Suite 103 • Raleigh • North Carolina • 27609 • Phone: 919.863.1000 • www.DewittCarolinas.com 5 II I III III II II II I III I II( III LI �I 2015021018 FOR REEGGnYrRtnIT'O"'OEG'BEA' Y OF DEE05 NEW MRNOVER COUNTY. NC "I 'U 970-19i5" 03:59 38 PM 9K:5903 PG:1FEE:S26.GQ NC REU STAI�:S1,750.00 INSIRI ENi 2N150NI NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $ 1,750.00 PIN: Parcel ID: R04517-003-007-000 Mail after recording to: Grantee This instrument was prepared bj�r(iz & Schick, PLLC, P.O. Box 30427, Raleigh, NC 27622 (IPsxw/o tint exam) Brief description for the Index: I Anchors Bend Marina; Tract 1, BM 42, Page 120 THIS DEED is made this 9th day of July, 2015, by and between: FOREVERHOME OF WILMINGTON III LLC, a North Carolina limited liability company 2840 Plaza Place, Suite 360 Raleigh, North Carolina 27612 AB MARINA GROUP, LLC, a North Carolina limited liability company P.O. Box 17566 Raleigh, North Carolina 27619 Enter in appropriate block for each party: name, address, and, if appropriate character of entity, e.g 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 the Grantor, for a valuable consideration paid by the Grantee, the receipt 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: See Exhibit A attached hereto, which is incorporated herein by reference. The property hereinabove described was acquired by Grantor pursuant to that North Carolina Special Warranty Deed recorded in Book 5673, Page 1871, New Hanover County Registry. Previously, the property was transferred by instrument recorded in Book 5654, Page 2362, New Hanover County Registry. A map showing the above -described property is recorded in Map Book 42, Page 120, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. RECEIVED DCM WILMINGTON, NC AUG 112015 �m t�,. Lt'e LCIUI Al( p l 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, except for the exceptions hereinafter stated, title is marketable and free and clear of all encumbrances, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise. Title to the property hereinabove described is subject to the following exceptions: 1. Taxes for the year 2015, and subsequent years, not yet due and payable. 2. See Exhibit B attached hereto, which is incorporated herein by reference. No portion of the property herein conveyed includes the primary residence of Grantor. j Rest of page left blank intentionally — Signatures on following page ] IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers, the day and year first above written. GRANTOR: FOREVERHOME OF WILMINGTON III LLC By: {SEAL) Print acne: Law a E. t pincott Print Title: Manager STATE OF NORTH CAROLINA COUNTY OF Waje X ***** Note: Please sign in black ink. ***** Note: Please ensure all of seal is legible. ***** Note: Please ensure a 1" margin; no seal or writing within such 1" from the edge. I, RO b4!j D. A&A e rS Notary Public for said County and State aforesaid, certify that T awmnce E. Lippincott rsonally came before me this day and acknowledged that heJshe is Manager of FOREVERHOME OF WILMINGTON III LLC, a North Carolina limited liability company, and that by authority duly given and as an act of the company, the foregoing ' trument was voluntaflr^ily signed in its name by him/her. otary Public My Commission Expires: J�31 `'7.OIq 3913. itFEH-W 11TOced_AB marim -FEH-W IN -AB Marini Group LLC 0 NOTARY =m PUBLIC RECEIVED DCM WILMINGTON, NC -3-AUG 1 12015 Exhibit A LEGAL DESCRIPTION Lying and being- situate in New Hanover County, North Carolina, and` morelpariicularly described as follows: BEING ALL of Tract 1,,as shown on that map recorded :in Map Book 42 at Page 120, of the New Hanover "County Registry reference towhich-map is hereby made for a'more particular description- TOGETHERWfTH•aunpanatk" s_applicabletdtheabove=mentionedtract1,includingrightstoaccess, the channelrunning,to tha Infra Coastal Wat'erway,,an8 also,the residual marsh lands bounded on'the north by the Old Livingston Tract, referred.to in the deedreaordedin Book 922.at Page 922 of theNew Hanover County`Registry. TOGETHER WITH an easement"for access W and,ftom theabove-referenced;property over and acrossthat certain area designated as "20.0' Road Right -of -Way Map Book 5 at Page 20, as sliown on the, plat recorded in Map Book 35 at Page 46, of the New Hanover County Registry, and as referenced in.deeds recorded in Book 2523 at Page 388,.600k 2523 atPage 391, and -Book 2523 at Page 394, all of the New Hanover County Registry: TOGETHERWITH all those rights, benefits, covenants, conditions and easements phisuant to the terms of that certain.Declaration ofCovenants, Conditions.and'Restrictions for Anchors -Bend Yacht Club recorded December 14, 2007 in Book 5260'at Page 1 of the New Iianover Coumy_Registry, as'amended by that certain Amendment to Declaration of Covenants, Conditions and Restrictions forAnchors Bend YachtC1 6, recorded 7tily2l, 2008 m'Book.533i at Page 587 of the New Hanover County Registry; as assigned to WSLD Anchors Bend VI; LLC'byAhat certain Quitclaim Transfer and Assignment of Charter Member Rights and Charter.Memberships recorded in Book 5640, Page 563; of the New HanoverCounty Registry, as further assigned to`WSLD Anchors Bend M VL LLC by that certain Quitclaim Transfer and Assignment' of Charter` Member Rights and Charter Memberships recorded in Book 5654, Page' 2370' of the New Hanover County Registry,.as,otherwise sppplemented amended;or modified; to,the extenf same constitute, reatpropertytitle interests under--Nortb Carolina law. Tire Land also being described as;. Beginning at anexisting 4ron,pipe in the Southerri 20' road rightof way as refeiericed,to Map Book'S Page 204h ,the Office of the New -Hanover County, North Carolina,Register of Deeds at the Southeast corner of Charles M. and JenniferF Davis property as recorded:in Dee&Book>1974.Pagel7l. Said existing, iron pipe, being S DO, 00' 39'18 321.29''fi-om an existing'Mag:Nail that is S 12' 53''31" W 150;5W'from,an existing, iron retiar thatis S 31.26' 46"W S] 1 46' from an'existing iron re6;ar having coordinates ofN 187;424.21 and E-2,368 634.93'as referenced to NAD H(CORS96). Said existing iron pipe being the:place ana,Poin( of Beginning, 1. Thence with the Eastern properiyline of said Charles M. & Jennifer F- Davis as reference&aj ove and running N 26° 08' 23" E 99.63' to an existing iron pipe. 2': Thence continuing and runningN23°37''3T'W199.33'(passing ovenanewironpipeset at185.00')• ,to -a point in the meanthigk wafer line of a marina basin: