TBEX03-23-BLB FAMILY HOLDINGS,LLC

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
BLB Family Holdings, LLC
C/o Edward Brett Breitschwerdt
1531 Caswell St.
Raleigh, NC 27608
NORTH CAROLINA
Environmental Quality
February 14, 2023
RE: EXEMPTED PROJECT (MINOR) EXEMPTION
Structural Accessway (15A NCAC 7K .0207) — Exemption# TBEX03-23
New lot 2B, S Anderson Blvd., Topsail Beach, NC
AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC
Dear Mr. Breitschwerdt:
I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an
application fora minor development permit under the Coastal Area Management Act. Based on the information
provided, I have determined that the activity you propose is exempt from needing a minor development permit as
long as it remains consistent with your site drawing dated received by DCM on February 8, 2023, and meets the
__sconditiomVeci&dhelow—_Ifyouur_plans should change and your project _kill -no -longer meet -these conditions,
please contact me before proceeding.
STRUCTURAL ACCESSWAY EXEMPTED
1. The accessway must not exceed five feet in width and shall provide only pedestrian access to the ocean
beach.
2. The accessway must be constructed to make negligible alterations to the frontal dunes. This means that the
accessway must be constructed on raised posts or pilings of five feet or less in depth, so that wherever
possible only the posts or pilings touch the frontal dunes without any alteration to the dunes. In no case
shall the frontal dune be altered to significantly diminish its capacity as a protective barrier against flooding
and erosion.
3. Construction of the accessway be shall consistent with all other applicable local ordinances and N. C.
Building Code standards.
4. No portion of the proposed walkway may extend beyond the seaward toe of the Frontal Dune, nor shall it
extend onto the wet sand beach. The walkway shall terminate as close as possible to the toe of the existing
frontal dune.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State,
Federal or Local authorization. This exemption expires 120 days from the date of the letter.
S' cerely,
on Dai
Field Representative
cc: Craig Richardson, 100 Lake Drive, Clinton, NC 28328
Stephanie Moore — Topsail of Topsail Beach
NORTH cnaou D I
oeprene,n a Sri arm V
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

f-TW.a3 -23
Dail, Jason
From: Parris Tipton <[e-mail]>
Sent: Wednesday, February 8, 2023 9:36 AM
To: Dail, Jason
Subject: [External] Addresses
BLB Family Holdings, LLC
1531 Caswell St.
Raleigh, NC.27608
Craig Richardson
100 Lake Drive
Clinton, NC 28328
Best Regards,
Parris Tipton
Direct Account Sales
JENSEN USA Inc.
99 Aberdeen Loop
Panama City, FL. 32405
M+1 704 907 1376
Parris.tiDton()iensen-arouD.com
www.]ensen-group.com
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STATE OF NORTH CAROWA [3
COUNTY OF PENDER 201I OLj 2u P 12., 03
nil4pE I
CRAIG RICHARDSO§ and
RICHARD ROHDE, 7 Y_.._...-
Plaintiffs,
V.
MAYBERRY GROUP I, LLC,
Defendant.
IN THE GENERAL COURT OF
JUSTICE
SUPERIOR COURT DIVISION
FILE NO 21 CVS 110
CONSENT JUDGMENT
P� Copy
O� ERA OF SU:'aRTOR COURT
0RENDER COLTIq-1 l
BY
DEPUTY; CLERIC 5UPE QR COi1RT
THIS MATTER came on to be heard during the September Imo; 2022 Session
of the Pender County Civil Superior Court before the undersigned. Upon review of
the arguments and consent of Counsel for all parties, the Court hereby finds as
follows:
FINDINGS OF FACT
1. On or about February 25, 1992, non-party RM & F, Inc. granted to
non-parties Carl R. Williams and wife, Mildred Williams, a Deed of "Easement
(hereinafter referred to as the "Easement").
2. Pursuant to the terms of the Easement, the grantor conveyed "a
perpetual easement, appurtenant to said lands of grantee" and was described as:
a. "A strip _ of land five (5) feet in width, running from Anderson
Boulevard (N.C. Highway 50) to the Atlantic Ocean, the southernmost
boundary of said five (5) foot strip being the southernmost boundary of
those lands described as Tract B in the deed of trust dated 6 February
1980 from Dr. P. S. Prasad and wife to Clifton L. Moore, Jr., Trustee
for Island Motels, Inc:, recorded in Book 575 page 111 of the Pender
County Registry, the same being the northernmost boundary of the
Page 1 of 7

lands conveyed to J. Michael Hewitt and wife, Sylvia V. Hewitt,
recorded in Book 624 at page 97 of the Pender County Registry..."
3. - Specifically, pursuant to the terms of the Easement, the five (5) foot
strip of land was to be used "for pedestrian access to the Atlantic Ocean and is
appurtenant to the lands of Grantee..."
4. The original grant also contained the following `conditions and
restrictions":
a.
"Grantor reserves the right to relocate the easement to another
location within an area not more than 15 feet southwardly of the
location of the easement described herein. Such relocation shall be
accomplished by the filing in the Pender County Registry a Declaration
of Easement Relocation by Grantor. The relocated easement shall be of
equivalent quality to the easement being relocated at that time. The
total cost and expense of relocating the easement shall be borne by the
Grantor."
5. On or about February 12, 2021, Mayberry Group I, LLC conveyed the
servient estate to BLB Family Holdings, LLC (hereinafter "BLB"), a duly registered
Limited Liability Company with its principal office in Wake County, North
Carolina.
6. BLB has been given full notice of this litigation and has appeared
before this Court in conjunction with this matter.
7. BLB is a member -managed limited liability company with E. Brett
Breitschwerdt being the sole member.
8. Mayberry Group I, LLC is in vertical privity with the named grantor in
the aforementioned deed.
9. BLB is now in. vertical privity with the named grantor in the
aforementioned deed.
Page 2of7

10. Plaintiff Richardson is the record owner of Lot 6, recorded with
the Pender County Register of Deeds at Book 1789, Page 119.
11. Plaintiff Rohde is the record owner of Lot 5, recorded with the
Pender County Register of Deeds at Book 2279, Page 151.
12. Mayberry Group I, LLC's land was the original servient estate
and provided the benefit of the aforementioned Easement to the lands of both
Plaintiff Richardson and Plaintiff Rohde.
13. - The original easement location had a wooden walk -over allowing
Plaintiffs to access the beachfront by traversing the sand dune without disrupting
- . - - - -- - - - vegetation- or- wildlife and with little to no -impact on the existing- dunes. - -
14. On or about October 19, 2020, Mayberry filed a "Declaration of
Easement Relocation" in the Pender County Registry.
15. The effect of the easement relocation is that the new easement is on
the land conveyed to BLB by Mayberry Group I, LLC.
16. The location of the relocated easement does not havea wooden walk-
over to traverse the sand dunes.
CONCLUSIONS OF LAW
1. Subject matter jurisdiction over this case is conferred upon and vested
in this Court under and by virtue of N.C. Gen. Stat. § 7A-240.
2. . This Court possesses jurisdiction over the parties to this action
pursuant to N.C. Gen. Sta. § 1-75.4.
Page 3 of 7

3. Defendant Mayberry Group I, LLC was entitled to relocate the
easement to the new location and followed all applicable requirements to do so.
4. BLB is now in vertical privity with Mayberry Group I, LLC, and is
thus, subject to the same terms of the deed of easement.
5. Plaintiffs are entitled to construct a wooden walkway at the new
easement location.
NOW THEREFORE, it is ordered that:
I.- Mayberry Group I, LLC, has agreed to pay to Plaintiffs the sum total of
five thousand dollars ($5,000.00) within thirty days of this Order in order to resolve
- - all= -issues -between- the -Defendants and -those with the- right to use the -relocated -=
easement;
2. Mayberry Group I, LLC and the subject land that is. owned
byMayberiy Group I, - LLC shall be forever discharged by all those dominant holders
of a right to use the subject easement;
3. BLB shall take all necessary steps to cooperate with Plaintiffs in the
construction of a wooden walkway at the new easement location, including but not
limited to seeking any and all applicable permits;
4.- Plaintiffs shall cause a wooden walkway with railing to be constructed
at the new location;
5. The easement relocation by Mayberry Group I, LLC is legal, valid and
enforceable.
Page 4 of 7

6. The terms of the deed of easement shall remain in full force and effect
and shall not be affected by this Order;
IT IS SO ORDERED. -II--
cGT
This the _ day of-Septe=ber, 2022.
�), V
aw -
Hon •egory Bell
Hoilefable Superior Court Judge Presiding
Page 5 of 7

WE CONSENT:
Richard Rohde
Page 6 of 7

I
Attorney fidr Defendant Mayberry Group I,
LLC
M chadMayb rry, on be alf of Mayberry
Gr hib- LC:.
Page 7 of 7

XHIBNORTH
L
CAROLINA
BOOK 829 PAGE 317
,5` OV
a
PENDER COUNTY DEED
OF EASBMENT
1�
This Deed of Easement, made as of
25 Febru1992, by and
between.
`92 RPR 27 PPI 4 19
GRANTOR: R M G F, Inc.
JOYCE M.SWIOE000O
GRANTEEe Carl R. Williams and wife,
t�i�edl�(j�REGISTER OF 00096
(The designation Grantor and Grantee as used herein ahall include
®
said parties, their heirs, successors
and assigns, and shall
include singular, plural, masculine,
feminine or neuter as
required by context);
W I T N E S S E T H:
Whereas, Grantor is the owner of the lands described in a
deed to it recorded .in Book as , at page" of the Ponder County
Registry; and
Whereas, the Grantee is the owner of certain lands described
in Book 763 at page 266 of the Pander County Registry; and
Whereas, Grantor has agreed to grant and convey to Grantee a
-- - perpetual --easement: a plirtenant to 454-d_lande of nt op Guar —and
across the lands of Grantor, to provide a pedestrian access to
the Atlantic Ocean for Grantee and their successors, 'heirs and
® assigns. '
i
Now, Therefore, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor
does hereby grant, sell, assign, and convey to Grantee a
perpetual easement, appurtenant to said lands of Grantee,
described as follows:
A strip of land five (5) feet in width, running
from Anderson Boulevard (N. C. Highway, 50) to the
Atlantic Ocean, the southernmost boundary of said five
(5) foot strip being the southernmost boundary of
those lands described as Tract B in the deed of trust
dated 6 February 1986 from Dr. P. S. Prasad and wife
to Clifton L. Moore, Jr., Trustee for Island Motels,
Inc., recorded in Book 575 at page ill of the Pender
County Registry, the same being the northernmost
boundary of the lands conveyed to J. Michael Hewitt
and wife, Sylvia V. Hewitt, recorded in Book 624 at
Page '97 of the Pender County Registry, and more
particularly described as follows: -
Beginning at a point in the southeastern edge of
Anderson Boulevard (R. C. Highway 50), the beginning
point being the common corner of J. Michael Hewitt and
Roearded and vnrlllad
i .M. Otirla��+od
I: • cr or Dooda
p..ndur C,6=Ly. N.O.

0
E.
BOOK S 2 9 PAGE 3 cS
wife (Book 624, page 97) and Dr, P. S. Prasad (Bock
575, page 109), and running thence with the dividing
line of J. Michael Hewitt and Dr. P. F. Prasad to the
Atlantic Ocean, thence northeaatwardly with the
Atlantic ocean five (5) feet to a points thence:
northweetwardly, parallel with the dividing line
between J. Michael Hewitt and Dr. P. S. Prasad to the
edge of Anderson Boulevard (N. C. Highway SO W thence
southwestwardly with the edge of Anderaon Boulevard
five (5) feet to the point of beginning.
This easement is for pedestrian access to the
Atlantic Ocean and is appurtenant to the. lands of
Grantee described in Book 763 at page 266 of the
Pender County Registry.
Such easement is subject to the following
conditions and restrictions:
I. Grantor reserves the right to relocate the
easement to another location within an area not more
than 15 feet southwardly of the location of the
easement described herein. Such relocation shall be
accomplished by the filing in the Pander County
Registry a Declaration of Easement Relocation by
Grantor. The relocated easement shall be of
.equivalent quality to the easement being relocated at
that time. The total cost and expense of relocatinq
the easement shall be borne by the Grantor.
2. The use of said easement shall be limited to
the owners of the lands of Grantee and their family
members, guests, invitees, successors_,,- _heiKs-_-and
assigns:= -:_=Said: --easement- shall -=not -ha- ..esa :.. :.
3. Users of said easement are prohibited from
allowing their dogs. to accompany them across said
easement.
4. Grantor reserves the right of use of said
easement for its successors, assigns, quests' and
invitees.
To Have and To Hold said easement to the. Grantee in
perpetuity.
And the Grantor covenants with the Grantee that the Grantor
is seized of the premises in fee simple, has the right to convey
this easement in perpetuity, that the title is marketable and
clear of all encumbrances, and that the Grantor will warrant and
defend the title against the lawful claims , of all persons
whomsoever.
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 and
its seal to be hereunto "affixed by authority of its Board of
Directors, the day and year first above written.
R M.& F, Inc.
By :r C .
President-

BOOK 829 ME 319
NORTH CAROLINA
HRW 11"DUR
X. a Notary Public of the
County and State aforesaid,
certify that Mw nnrnr 11 �,��
thin day and acknowledge—d that the
personally came before me
a Fecretary of R M A.R,
Inc., a North Carolina 'corporation;
an tat by authority duly
given and as the act of the corporation,
the foregoing instrument
was signed in its name by its
President, saaled with its
corporate seal and attested by Mareeree
A. Gassman as its
Secretary.
® Witness my hand and official stamp or seal, this x2nd day of
March, 1992.
rtfry Public
M Commission Expires:
deed-rmE P March 27 t99�
0"`I"'s"''►
p4pLE rR��,,��
ytpGBl.\G�ci
North C®roRna
The-fift'ARRAoreared) jjjjd&jC6 - of
y �1(ud to be wire"
ItY A.DJ%A
•

BK 4728 PG 2417 - 2418 (2) DOC# 20072001
This Document eRecorded: 10/21/2020 01:51:00 PI
Fee: $26.00 DocType: DECL Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
Prepared by Price & Williams, PA.
DECLARATION OF
EASEMENT RELOCATION
THIS DECLARATION OF EASEMENT RELOCATION is
by MAYBERRY GR0T m r r r r, „,_ _y, ,. made on the date
----------
---
WITNESSETH:
NC 28211.
WHEREAS, Declarant is the owner of certain real Pro
pertwhich is more particularly described as follows y �n the County of Pender, State of North
BEING ALL OF THOSE LOTS DESC
2C," ASRIBED AS "NEW LOT 2B" AND "NEW LOT
THE SAME ARE SHOWN ON THAT MAP ENTITLED "LOT,
RECOMBINATION FOR MAYBERRY GROUP I, LLC" RECORDEDIN MAP
BOOK 66 AT PAGE 80 OF THE PENDER COUNTY REGISTRY, REFERENCE
E WHICH MAP IS HEREBY MADE FOR A MORE COMPLETE
DESCRIPTION.
WHEREAS, on February 25, 1992, Declarants predecessor in title, R M & F, Inc., established a
5 foot wide pedestrian access easement across a portion of the Property for the benefit of certain
Properties located, on the western side of N.C. Highway 50, said easement is more particularly
described in those Deeds of Easement recorded in Book 829, Page 314 and in Book 829, Page 317
of the Pender County Registry, and
WHEREAS, per the terms of the Deeds of Easement, R M & F, Inc., or their successors in title,
maintain the right to relocate the location of said 5 foot pedestrian access easement in a
southwardly direction no greater than 15 feet from its current location, and
WHEREAS, Declarant has exercised its right to relocate the 5 foot pedestrian access easement and
has depicted the new location of said easement on the recorded plat map previously referenced and
recorded in Map Book 66, Page 80 of the Pender County Registry, and
submitted electronically by "Price & Williams, P.A."
in andcthelterms ofttheosubmitteriagreementewithvtheiPenderoCounty Registers Of Deeds.

BK 4728 PG 2418 DOC# 20072001
WHEREAS, in furtherance of the requirements contained in the Deeds of Easement, Declarant
hereby provides this Declaration to effect the relocation of the 5 foot pedestrian access easement.
NOW, THEREFORE, Declarant hereby declares that the 5 foot wide pedestrian access easement
originally described in those Deeds of Easement recorded in Book 829, Page 314 and in Book 829,
Page 317 of the Pender County Registry is now relocated from its former location to its new
location as more particularly shown on that plat map recorded in Map Book 66, Page 80 of the-
Pender County Registry.
AND SAID relocated easement shall run with such real property and be binding on all parties
having any right; title or interest in the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, this Declaration is made effective this the day of October,
2020.
MAYBERRY GROUP I LLC, a North Carolina
--------=-------=------- - -- _- __--: limited._ liability__ company__-
By. d'. A. A,(tt!, ,
Mi�ael G. Mayb anager
State of North Carolina
County of� LJ
I certify that the following person(s) personally appeared before me this day, having been
properly identified by a - driver 's license or other photo identification, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated:
- Michael G. Mayberry, Manager of Mayberry Group I LLC
Date: l 96Z, I -I , 2020.
.4oi ar`,
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• Aut,0
cial S�e Above]
11e1i IG � ,
[Notary's signature as name appears on seal]
A K
�N Elni ,Notary Public
[Notary's printed name as appears on seal]
My commission expires:
2

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LOT RECOMBIHATION
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MAYBERRY GROUP I, UC
NEW LOT 26 & NEW LOT 20
(FORMERLY LOT 20, M.B. 41. P. B4 & 0.40 ACRE LOT, O.B. 259S, P. 120)
TOPSAIL TONNSKP, FENDER COUNTY, NORTH CAROLINA
MAYBERRY OR" 1, LL% OYINER, D.B. 25". P. T25 & D.B. 3295. P. 510
115 & 121 SOUTH ANDERSON BOULEVARD
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