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HomeMy WebLinkAbout85835D - DEHASS��o1*0(O rk ❑CAMA ❑ DREDGE & FILL �3 Na 85835 A B C GENERAL PERMIT i Previous permit Date prey 'ous permit iss d ❑ New ❑ Modification ❑ Complete Reissue [:]Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission i an area ofy2 erml concern pursuant to: 15A NCAC ❑ Rules attached. ❑ General Permit Rules available at the f owin ink: www.deq.nc.gov/CAMArules Applicant Name Authorized Agent Address Project Location (County): City State ' ! !r ZIP Street Address/State Road/Lot #(s) Phone # (_ ) Email Subdivision City ZIP Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat/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 Access Length Pier (dock) length Fixed Platform(s) Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/ Riprap length Avg distance offshore Breakwater/Sin Max distance/ length Basin, channel Cubic yards \� Boat ramp Boathouse/ Boatlift Beach Bulldozing Other SAV observed: yes inMoratorium: n/a yesSite Photos: yes Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: Permit Conditions I_ t thodV (Scale: ) ❑ 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 Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature "Please read compliance statement on back of permit" Signature Application Feels) Check #/Money Order Issuing Date 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: F-1 Tar - Pamlico River Basin Buffer Rules [-� 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: 252-247-3330 (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: 252-948-0478 (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: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 ,A0011SU`NfACAMA ❑ DREDGE & FILL Nd 85835 A B C 17GENERAL PERM IT Previous permit Date previous permit issued KNew ❑ 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 O� 1 Z� O ❑ Rules attached. X General Permit Rules available at the following link: www.deq.nc.gov/CAMArules % TN—t— --- ---T- Applicant Name Address —2— City J Phone # Email 631 Authorized Agent V P V CGe Project Location (County): eWf ,,�,,��(7y r— Street Address/State Road/Lot #(s) �e (:1S W Q% %Y) Q Subdivision n ' -) J A City S ojxe_ ZIP SQ. m p Affected Y CW MEW 9 PTA ❑ ES ❑ PTS Adj. Wtr. BodyTr i boa" dU Na;on S Zn le+(Gman/unk) AEC(s): /�❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body middle Sou In(4 ORW: yes/no/ PNA:0/no Type of Project/ Activity Shoreline Length N 1 Access Length Pier (dock) length Ao Fixed Platform(s) W X % o t Sire Floating Plbform(s) __, Finger pier(s) Total Platform area Groin l&neth/# Bulkhea Riprap Avg distant ffsl Breakwater/Si Max distance/ I Basin, chann Cubic yard Boat ra Boathouse/ Bo Beach Bulldozing Other Resorts �n��-� Tribvt -A V W r;-TX \V "A" CW SAV observed: yes n Moratorium: n/a yes Site Photos: yes Lvw creel Riparian Waiver Attached: yes no G'0 id LLf—. A building permit/zoning permit may be required by:�u. Per Conditions t����rm>�does r l �- T - MWIR r3� J `4[ cr � vo5- NV VIL, Det�ass (Scale:�tt=SO1) 1 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 ONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) ee cZ-acl, _ Pkse-LA RPnr1nvY,gr, Agent orApplicant PRII'N�TED Name � Per it fficer's PRIX Name ly� e LA t nature **Please read compliance statement on back of permit** SignatJ,e moo.00 �go7 1y Zo Application Fee(s) Check #/Money Order Issuin Date Expi ation ate Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these term,$ 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 F1 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: 252-247-3330 (Serves: Carteret, Craven —south of the Neuse River, On slow 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: 252-948-0478 (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: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncden'r.org/web/cm/dcm-home Revised 6/01/2021 S41CAMA 1 I DREDGE $ FILL W 85835 A B C Previous permit eJ GENERAL PERMIT f r_ ' Date previous permit issued }C;New !Modification I_ 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: I SA NCAC 0:4 R • 17-0 O Rules attached. X General Pemtit Rules available at the following link: tmnvdgq.nc.gpyJCAMAty1qs Applicant Name vane Deh Sr• _ Authorized Agent � v' j KesOu �_�,D_ _ Address S �[�_ Project Location (Cointy) i Ciry f q 52�� _ ('j ZIP 7 �� Street Address/State Road/Lot #(s) Phone f� i J _VQ 3 Email c�c'�>.. Ci21>1�6S+itn G kQ�o� Cam_ subdivision City 150AX ZIP Affected j�gCW �EW PTA ES �PTS AdLwtrBodyTribvtQ" Sons l �efjgma^/unk) AEC(s): OEA IHA UW USPIMA PWS Closest Mai. Wtr. Body t41 oujpC4 ORW: yes/ +o PNA:O/no Type of Project/ Activity Shoreline Length Access Length_._l,1Y $9i Pier (dock)length �(,ai t Fixed t'latform(s) r Y LQt 4' x %0' 5Ae; &:A Floating P orm(s) Finger piers) Total Platform area i ZC) Groin li noli/N Avg disWnc ffshor Breakwater/Si Max distance/ I th Basin, chann Cubic yard. Boat ra _ Boathouse/ Bo, lift Beach Bulldozing Other SAV observed: Yes n Moratorium: n/a yes Site Photos: yes LV�It�A Riparian Waiver Attached: yes no Go id LLC. A building permit/zoning permit may be required by:'"[Q%. Per it Conditions Thjg D erMi+ does i E---.._ - I I. - -- T - X-. TUTES CR LES AND CONDITIONS THAT APPLY TO THIS PROP lime t rnpliance statement on bark of permit" 0 - �Z Application Fee(s) Check N/Money Order (Scaler '5-0) �txttd.9�ttip�c�oukl r r✓X15� by\ I'AL, TAR/PAM/NEUSE/BUFFER (circle one) See note on back regarding River Basin rules See additional notes/conditions on back COMPLIANCE STATEMENT. (Please Initial) AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Daniel L. Dehass, Jr Mailing Address: 2615 LUMINA AVE Phone Number: Email Address: WRIGHTSVILLE BEACH, NC 28480 910-367-9845 dan.dehass@hendrickauto.com I certify that I have authorized Davey Resource Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: pier, gazebo and kayak launch at my property located at 2615 N Lumina Ave in New Hanovercounty. / furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. (S�gnature t or Type Name Title 1p / ZS / 2 2- Date This certification is valid through 12 / 31 / 2023 RECEIVED NOV 0 7 2022 DCM WILMINGTON, NC Edge of Channel Legend Proposed Pier (457x6 ft) and Kayak Launch Facility Property Boundary — — — — — Riparian Line Taxparcels 15' Setback Normal High Water Outer Edge of Marsh 30' CAMA Buffer --------- Center of Channel ------------------ 75' AEC Quarter Channel Joint 404/Coastal 40 80 160 Wetland Line TOWN OF WRIGHTSVILLE BEACH PO BOX 626 WRIGHTSVILLE BEACH, NC 28480 •j m m Site Lumina Ave West Salisbury St Site Location Map (NITS) 4 / r �3 Est ! f i . _`% INA G LD L LC 8 W1 Notes: 1. 2019 parcels from NC OneMap. 2022 aerial from Nearmap. 2. NHW taken by Davey Resource Group, Inc. on 9/27/2022. 3. Not a surveyed of engineered drawing. For environmental permitting only. 4. Pier and platform over coastal wetlands will be 3 ft above the substrate. Project: Date: Revision Date: 2615 N Lumina 11/8/2022 12/9/2022 �� Ave Scale: Job Number: Resource Group Title: 1"=80' DRGNCW22.428 3805 Wrightsville Ave Suite 15 Site Location and Drawn By: Sheet Number: Wilmington, North Carolina 28403 Plan View SH 1 of 2 910-452-0001 Edge of Channel Legend Riparian Line 15' Setback Outer Edge of Marsh Center of Channel Quarter Channel Proposed Drop' Platform 10x4 ft Proposed Platform 10x8 ft }r 1 1 + •�t t ��iG :< �t N 1 • 7 4 Lw.* 4'. +irb '!`� r Wit. ^ ,�' '•` ,I, low N. t t ? _� " F+� �.. • i•� r,� �+` r, lL # _ ., ... �. ire ++5' A tom. 1`.t +� • w t�. ,k �. N .qt IS •'`" _ � e ate` , `�` �+ ,+y. • �tr��7T*�9a r,�t 13 ZJ i 7 7 �Y•C+���♦ Irk' Yf� 'T.'jA�( "�' ii..!J1 Proposed Pier 4571x6 ft e ' r .t �S~��J "'rx.' .,A� '�t���AC- � •- �'i' t J"w�,.. �ij� �♦ P. t 4.�� • 1 k!'t' fit. f • - •, n� '.: ,., ,wz,Wdj�'�/�� . '� �.. ' .'w. �,! ask `}'j° . r' .> • '• Ta ' a Notes: 2019 parcels from NC OneMap. 2022 aerial from Nearrnap. 2. NHW taken by Davey Resource Group, Inc. on 9/27/2022. 3. Not a surveyed of engineered drawing. For environmental permitting only. 4. Pier and platform over coastal wetlands will be 3 ft above the substrate, Project: Date: Revision Date: DAVEY 2615 N Lumina 11/8/2022 12/9/2022 ------------ Ave Scale: Job Number: Resource Group Title: DRGNCW22.428 3805 Wrightsville Ave Suite 15 Plan View 2 Drawn By: Sheet Number: Wilmington, North Carolina 28403 SH 2 of 2 910-452-0001 v 0 z ci 0 z z 0 m 0 m C m 0 ru Q . delivery information. � Wr i qh , sv l e -e¢c trl Cartfned Mal Fc�- `a $ 225 ru �$33o.� Extra ic" & Feab cr K4 bcW ddd (oe s.l. V v ' ❑ Heturll R.c.Ipt owao." f i V4J C3 ❑ R.Wln Recxlpt(a:w_Ua4) i_ C3 [] Dcmww MWI H.etrlclddb*w*q, ❑ nowt 5lgnuwie Hovuo00. - S Lfl - OU C3[f Adue `.igrwAx. Rm o ! -- o Poatn{te----- # ru C� T Total Poatapa and Fyniji g ru • s 12 POsilt Bilk Hare 10/26/2022 ru Sent To nor✓ o f �� sheer q�ncrapt TKO:.' X goX f v 6Z a. . ..h................ L, cc , lr .-q uronxviliew L R j U1 ? ar ad Moil Fee - 4 12 Ln $ $3. 5 A Extra cas & a" fcMc — add t« aSe : "" ❑ Retum Receipt QlardooPY) $ — $ PO�IfT)e!k 0 C3 ❑ R.tum Receipt (electronk) ❑Cartlfled Mall Restrited DelNery i Here C3 ❑ Adult Slgnalure RagWtad E=1 [J Adult Signature Restricted D~- Postego 0 10/26/2022 r_ Tatjj Poatapa on FW. 69 7 a�77 ru $ se r 7b � 't to n; n a Go LI_C.._...... - - ru sir sitdi iu d.; �ti. o c+ry eta. trw�•... 70 8 �;.•,Ixv,Ile,, ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on Um inverse X so that we Felrr 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: w r% o / e fie geaCA D. Is if �OW n pk T QD Box 6Z6 2- e990 ❑ Agent rasa Date of Deliv( otmm 1? YNe f III�uI�I �II �II II II III'lIII1lI �I IIII II' II� 3 Service type ❑ Adult Slpnature ❑ Adult SW%ature Restricted Delivery ❑ Priority Mall Express O Registered MaIITM ❑ Replatered Mall Reete, 9590 9402 7301 2028 4641 71 0 certmed Mali Restricted Delivery ❑ SignatureSTConflrmatloi ❑ collect on Delivery O Signature Conflrmatloi 2. Article Number (Transfer from Service /aboo O Collect on Delivery Restricted Delivery Restricted Delivery n'^^ w Mail 7021 2720 0000 2655 1992 1Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 S-f+ -L-L . 47X Domestic Return Revel RECEIVED NOV 0 7 70 DCM WILMINGTON, NC C-2 o l d LL_C., Tracking Number: 70212720000026551985 IF Copy Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 11:40 am on October 29, 2022 in BRONXVILLE, NY 10708. Text & Email Updates USPS Tracking Plus® Product Information Track Another Package O n � z � ,_ m Z o m -� m o z z 0 Delivered Delivered, Left with Individual BRONXVILLE, NY 10708 October 29. 2022. 11:40 am See All Tracking "istory See Less ^ Need More Help? Contact USPS Tracking support for further assistance. L� u u Remove X C ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse 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: 41VA '� 1EIVy)oVe_ 1� PC -Box 3g 1 ICJ ria��rlSv�II����� NC 2� 4�C� 13 Agent ❑ Addressee B. Recel ed by (Printed emeJ j C. Date of Delivery VY\ 13 vJG� r 112 -,�2 2 -Z2 D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No ervlce ype ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered MailTM II IIII' IIII I'l l ll II I I I I I II IIII II I II I I I I III ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail® Delivery 9590 9402 7301 2028 4638 39 ❑ Certified Mail Restricted Delivery ❑ Signature Confirmation— r ❑ Collect on Delivery ❑ Signature Confirmation —Artu->+a Numtx a��Hnsr«r�rcxnttr�elaoell— • 1 ❑ Collect on Delivery Restricted Delivery Restricted Delivery _..____ __.... 7021 2 7 2 0 0000 2655 1589 red Mail fired Mail Restricted Delivery r Ssoo) PS Form 3811, July 2020 PSN 7530-02-000-9053 SW 2r2, , 41V Domestic Return Receipt Dostal Service"' an TIFIFn Mau ® R0:14:_10 uomestfc Mall oMy For delivery information, visit our website at www.usps.coti L1 L1 ti C3 C3 C3 O 13 rU r_ ru ri rU C3 r- BK: RB 6127 PG: 960 - 961 NC FEE $26.00 2018007814 RECORDED: NEW HANOVER COUNTY, 03116/2018 REAL ESTATE TAMMY THEUSCH BEASLEY 12:58:07 PM EXTX $3450.00 REGISTER OF DEEDS BY: ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $3,450.00 Tax Parcel No. R05218-001-034-000 Return to: The Humphries Law Firm, PC, 616 Princess Street, Wilmington, NC 28401 Prepared by: The Humphries Law Firm, PC, 616 Princess Street, Wilmington, NC 28401 Property Address: 2615 N. Lumina Avenue, Wrightsville Beach, NC 28480 Brief description for the Index: LOT 18 SEC 2 WEST SHELL ISLAND VILLAGE THIS WARRANTY DEED, made this day of March, 2018, by and between the Grantor and Grantee named herein. (The terms "Grantor" and "Grantee" as used herein shall include the singular and plural, the masculine, feminine and corporate, as the context may require, and the heirs, successors and assigns of the Grantor(s) and Grantee(s)); GRANTOR: Seminole Holdings Wilmington, LLC GRANTEE: Daniel L. Dehass, Jr., married of 4511 Fawn Path, Gainesville, GA 30506 WITNESSETH, that said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto said Grantee in fee simple, all of that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING ALL OF LOT 18, SECTION 2, WEST SHELL ISLAND VILLAGE, AS THE SAME IS SHOWN ON THE PLAT THEREOF RECORDED IN MAP BOOK 26 AT PAGE 41 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5937, at Pages 308-310, New Hanover County Registry. All or a portion of the property herein conveyed does _ not x include the primary residence of the Grantor. A map showing the above described property is recorded in Plat Book 26, at Page 41. RECEIVED NOV 0 7 022 submitted electronically by "The Humphries Law Firm, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county RegistUCKMEONGTON, NC 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. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all persons whomsoever, other than the following exceptions: 1. Taxes for the current year, and subsequent years, not yet due and payable; 2_ All applicable easements, rights of way, restrictions, and reservations of mineral rights of record, including without limitation all of the covenants, conditions, restrictions and easements running with the title as set forth in the New Hanover County Registry; 3. Any other matters appearing of record in the New Hanover County Registry, as of the day of this Deed; IN WITNESS WHEREOF, the Grantor has duly executed By: State of North Carolina - County of New Hanover day and year first above [gWngs Wilmington, LLC -W E. Wallace, Jr., Member/Manager I, the undersigned Notary Public of the County of New Hanover and State aforesaid, certify that James E. Wallace,. Jr, in his capacity as member -manager of Seminole Holdings Wilmington, LLC, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial stamp or seal this 01(- day of March, 2018. My Commission Expires: °�1 �} n Sa`wk �ek^�2 otary Public (Affix Seal) RECEIVED NOV 0 7 20?2 N DCM WILMINGTON, NC t i _ ) Book 6559 Page 2649 BK: RB 6559 IIIII�II�IIIIIIIIIIIIIIIIIIIIIIIIIIIII� PG: 2649-2666 RECORDED: 2022016032 04-26-2022 NEW HANOVER COUNTY, NC 02:55:13 PM TAMMYTHEUSCH PIVER BY: KELLIE GILES REGISTER OF DEEDS DEPUTY PIER AND ACCESS EASEMENT Prepared by and return to: Clark, Newton & Evans, PA. Revenue Stamps: $0 PIN: R05200-003-009-002 NORTH CAROLINA NC FEE $25.00 NEW HANOVER COUNTY THIS PIER AND ACCESS AGREEMENT (this "Agreement") is made and entered into this the 29th day of October, 2021, by and between John A. Elmore, an unmarried individual with a residence address at 1410 Airlie Road, Wilmington, N.C. 28403 ("Grantor"), and Daniel Dehass, Jr. and wife, Stephanie Dehass (collectively, "Grantee") whose mailing address is 2615 Lumina Ave N., Wrightsville Beach NC 28480. WITNESSETH: WHEREAS, Grantor is the owner of that certain 5.92 acre, more or less, parcel of land in New Hanover County with tax parcel number R05218-001-.001-000 which abuts the Western line of the Grantee Property described below, and being part of Tract 4 of that "Division Map Property of Beane Realty Co., Thomas Wright, Jr., and Parmele; Inc. - Tenants in Common" recorded at Map Book 23, Page 89, New Hanover County Registry, being the same property more fully described in that certain deed recorded in Book 2816, Page 157, New Hanover County Registry, reference to which is hereby made for a more particular description (the "Property"); and WHEREAS, by virtue of Book 6127, Page 960, New ' Hanover County Registry, Grantee is the owner of that certain parcel of land currently identified in the tax records of New Hanover County as PIN R05218-001-034-000, and being all' of Lot 18, Section 2, West Shell Island Village, Map 26, Page 41, New Hanover County Registry, ("Grantee Property"); and, 1 RECEIVED NOV 2 2 2022 DCM WILMINGTON, NC Book 6559 Page 2650 WHEREAS, Grantee desires an easement from Grantor for the purpose of constructing a 10-foot wide by 400 foot long pier and connecting 4-foot w i d e b y 16-foot long fixed dock ( collectively the "Pier") allowing Grantee access to a creek off the Intracoastal Waterway ("ICW"); and, WHEREAS, subject to the terms, subject to the terms, conditions and reservations and conditions described herein, Grantor desires and intends by this instrument to grant to Grantee,- for the benefit of the Grantee Property, certain rights to access, construct and use the Pier upon Grantor's Property; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars (siuo) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Incorporation of Recitals. The recital paragraphs set forth above are incorporated herein by reference as if fully set forth herein. 2. Grant of Pier -Easement. Grantor hereby grants to Grantee an easement over, across, upon and through the Grantor's Property for the purpose of constructing and using the ' Pier. Grantor has previously approved the location, size, style and design of the Pier. Any change in the Pier as the plan exists at the time of the execution of this easement shall require the consent of Grantor. - Grantee shall also have such easements as may be necessary to install, maintain, replace, and repair the Pier. Grantee shall install., construct, use and maintain the Pier in accordance with all governmental requirements. All uses of the easement area by Grantee shall be in compliance with all applicable laws, regulations, codes, ordinances and other governmental regulations. Grantee's rights and. the .easement granted hereunder are SUBJECT, HOWEVER, to the following. reservations, restrictions and obligations, which Grantor and Grantee expressly acknowledge and accept: A. No Warranty. The Grantor makes no warranty, express or implied, as to title of the Property nor any permitted. use which Grantee agrees to accept AS IS in its present condition. Grantor makes no representation and shall have no obligation to ensure that the easement granted satisfies any legal requirements that may apply to Grantee's use of the Property, either now or in the future. B. Repair and Maintenance. Grantee shall at its sole cost and expense be responsible for the construction, repair and maintenance of the Pier. Nothing in this Agreement shall impose any obligation upon Grantor. to maintain any portion of the Property, C. Indemnity. Grantee does hereby release, indemnify and promise to defend and save Grantor harmless from and against any and all liability, loss, damage, expense, RECEIVE® 2 NOV 2 2 2022 ®CM WILMINGTON, NC Boob. 6559 Page 2651 RECEIVED NOV 2 2 2022 DCM WILMINGTON, NC actions and claims asserted or arising directly or indirectly on account of the acts, errors or omissions of the Grantee in connection with Grantee's use of Grantor's Property and this Agreement. D. Enforcement. In the event of a breach of any of the covenants or agreements set forth in this Agreement, the parties hereto shall be entitled to any and all remedies available at low or in equity, including but not limited to, equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. E. Revocation. Notwithstanding anything to the contrary in this Agreement, Grantor, for itself and the benefit of its successors and assigns, expressly reserves the right to revoke the easement granted herein upon the happening or occurrence of Grantor's Property no longer being submerged or partially submerged and otherwise eligible for issuance of a building permit. Upon revocation, Grantee shall remove the Pier at Grantee's sole cost and expense. Grantor and Grantee shall work together in good faith regarding scheduling the Pier removal. Notwithstanding the foregoing, unless Grantor and Grantee agree in writing to a removal schedule the Pier shall be removed no later than 120 days following written notice of revocation from Grantor to Grantee. In the event Grantee does not remove the Pier, then and in that event, Grantor is authorized to remove the Pier and the costs of removal shall be the responsibility of and assessed against Grantee. TO HAVE AND TO HOLD the above -described rights and easement unto Grantee, its successors and assigns, it being acknowledged and agreed that the easement and rights granted herein shall benefit and burden, be appurtenant to, and run with title to the Grantee's Property and this Agreement shall be binding upon Grantor and Grantee and their successors and assigns, respectively. _ Grantor gives no warranty, express or implied, as to title to the Property or the easement area. Nothing in this Agreement shall be construed as creating or otherwise providing for any (a) rights in or for the benefit of the general public in any ofthe properties described herein; or (b) gift or dedication for public use of any portion of any ofthe propel ies; or, (c) prescriptive rights in favor'of anyone with respect to any portion of any ofthe properties described herein. In the event any covenant, condition or other provision in this Agreement is held to be invalid, void.or illegal by any court of competent jurisdiction, the same shall be deemed severable, from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained in this Agreement. If such condition, covenant or other provision shall be deemed invalid due to scope or breadth, such covenant, condition or other provisions shall be deemed valid to the extent ofthe scope or breadth permitted by law. Paragraph titles, captions and any defined terms contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or any provision thereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed to be effective as of the day and year first above written. 3 Book 6559 Page 2652 (Signature Page(s) to Pier and Access Easement) ntors Elmore, unmarried Accepted and Agree Grantee: ` 'el DeHass, Jr. Step anie DeHass RECEIVED NOV 2 2 2022 ®CM WILMINGTON, NC + Book.6559 Page 2653 [Notary Attestation to Pier and Access Easement agreement between John A. Elmore, and Daniel Dehass, Jr. and wife, Stephanie Dehass) STATE OF NORTH CAR11O��LINA COUNTY OF ��'�►`�" rlQv\ove-r .I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above: �> 6 vn a' • F I rna�`2 � [Note: insert name of party executing document, not their title] Date: l O - Z 1 — a o-21 OfficialNotary Signature: �w Print Notary Name: MagSko- K i a. Co v r ����..,,�'t' arc. copy _ I a �A c�`i �.. • • • •..•�4,Q + My commission expires: r Qa;• �� a - [SEAL/ ®'CAR 8 0 � �•p o � � o a 6 PUS m,�s 7 IVOVER,���� RECEIVED Nov 2 2 2022 DCM WILMINGTON, NC IIa SIRUMURE Book 6559 Page Z654 Pier Plan Exhibit i LEGEND: *-ERB = EXISTING REBAR EIP = EXISTING IRON PIPE ECM = EXISTING CONCRETE MONUMENT EIS = EXISTING IRON STAKE PAM iELPti K Px= 3g /ViAGRE qY��i. oce �JM At2 G�CI�e er tdt� NOV 2022 DCM WILMI GTON. NC V. Ot =-" ' Nl�A CP M PAMD R0.9211-001-Ni-000 e-001-CO -000 PIGS am WM ttaivooam a MARSH @ P' P ,p� O FLU yt,tgO Ma n ,A, .` �2 10.00 4 00 mp, Pao r tnuoar mmmtr txovvm to roata d� / tR111t10Qt Y110i O R a Q / �, .•� mat.uetm � .d D P / trtaw2092.72 / � a-M-cot-aoo $ Y,�? c �• ELM= Jow r, f � .� � o ttttvtM � EPA-S �BbY ■ <rr C WATEFUZ GSOM O^ .iS.17 tyre N co z WALKWAY EASEMENT rya amp-giaoo„„ 'v E'77EB81a01] 0 THIS MAP MAY NOT BE A CERTIFlED z SURVEY AND HAS NOT BEEN REVIEWED BY A Of LOCAL GOVERNMENT AGENCY FOR COMPLIANCE c9 WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING AREA BY. COORDINATE METHOD REQUIREMENTS FOR PLATS so 25 0' 50 100 PAGE 1 OF GRAPHIC SCALE GARY KEYES, PLS PO BOX 1624 WRIGHTSVILLE BEACH NC 28480 910-228-4773 I, Gary W. Keyes, certify that this plat was drawn (Vicinity Map Not to Scale) TOWNSHIP Y from P TOWN OF WRIGHTSVILLE BEACH under my supervision from an actual survey made CotJN'IY STATE under my supervision or from deed description NEW HANOVER NC recorded in Book. Page ; that the DATE SCALE boundaries not surveyed are shown as broken limes SITE� 08/17/20 1"=5D' plotted from Book Page or other OWNER: LOT 18 source as noted; that the closure error as calculated - �4 WEST SHELL ISLAND VILLAGE SEC 2 by laL and dep. is 1: J� DB 5907, PG 308 PRELIMINARY PARID: R05218-001-034-000 Witness ? ���ls��LS #, and seal PROPOSED EASEMENT EXHIBT & the -A 20_ DEED 'ATTACHMENT FOR: CONVEYENCES OR SALES PARID: R05218-001-034-000 = DEHASS DANIEL L JR Land Surveyor PLS # 2615 LUMINA AVE N REPORTED ZONING: R1 WRIGHTSVILLE BEACH. NC 28480 Book 6559 Page 2655 in I� CENTER OF BY ACTUAL DEPTHS AND u� LEGEND: -ERG = EXISTING REBAR EIP = EXISTING IRON PIPE ECM = EXISTING CONCRETE MONUMENT EIS = EXISTING IRON STAKE -DRY SAND BAR AT LOW TIDE 010' DROP PLATFORM �E>h / W ES 6WALKWAY) 16.5 D=DES PLATFORM LKWAY) so SO FT PROPOSED STRUCTURE 1 8Tt20' VMn liTj } ` • FOR CLARITY rOl d �•f ONLYCAIE � �y 0 k i �� qn SAND BAR AT LOW TIDE PAR& Finazw-06)-009-on 78GW L SMCE ETAL RECE V NOV 2 ®CM WILMI G PAM TDaIE L WUM E112L PMD: ELMO -0DI-ODI-OW kL10RE JUfN A I V. PAM . • ROS2TDV-0D R ERjL \ . 0 M' m THIS MAP MAY NOT BE A CERTIFIED fib ?� z -SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE PAM r to- oDl 011-ADD NTH ANY APPLICABLE LAND DEVELOPMENT (man mw A A o' REGULATIONS AND HAS NOT BEEN REVIEWED z FOR COMPLIANCE NTH RECORDING 1 C3, REQUIREMENTS FOR PLATS it CD AREA BY COORDINATE METHOD 50 25 0 50 100 • � PAGE 2 OF GRAPHIC SCALE GARY KEYES, PLS PO BOX 1624 WRIGHTSVILLE BEACH NC 28480-.910-228--4773 I, G W. Keyes, certify that this plat was drawn �Y Y fY P (Vicinity Map Not to Scale) SHIP TowrrTOW TOWN OF WRtGHTSVILLE BEACH under my supervision from an actual stuvey,made COUNTY STATE under my supervision or from deed description NEW HANOVER NC recorded in Book . Page : that the DATE SCALE boundaries not surveyed are shown as broken lines plotted from Book Page or other g a 08/17/20 OWNER LOT 18 source as noted; that the closure error as calculated � WEST SHELL ISLAND VILLAGE SEC 2 DB 5907. PG 308 by lat. and dep. is 1: PRELIMINARY .. 2 PARID: R05218-001-034-000 Witness pWriALMBWn ,)PLS #, and seal ��-D10�(SEt�CORQQti . PROPOSED EASEMENT EXHIBT & l20 DEED ATTACHMENT FOR: CONVEYENCES OR SALES PARID: RD5218=-001-034-000 REPORTED ZONING: RI DEHASS DANIEL L JR 2615 LUMINA AVE N WRIGHTSVILLE BEACH, NC 28480 Land Surveyor PLS # iED 2022 TON, NC Book 6559 Page 2656 t4TY.� TAMMY THEUSCH PIVER New Hanover County ° - Z P Register of Deeds •. -` \ ° Register- of Deeds a 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-453.0 - Fax 910-798-7716 RECEIVE® NOV 2 2 2022 ®CM WILMINGTON, NC .e 4� -tom State of North Carolina, County of NEW HANOVER Filed For Registration: 04/26/2022 02:5.5,13 PM Book: RB 6559'Page: 2649-2656 8 PGS $26.00 Real Property $26.00 Recorder:. KELLIE GILES Document No: 2022016032 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Dafe ReceNed Defe De Hed Check From Name Name of Permll Holder Vendor Check number Check emounf Pomft Numb rlComments Recdot or RelundlReellacateV Columnt Column Cdumn3 Cdumn4 Co1umn5 First Bank Co1umn6 1968 Column7 $ 200.00 Columns GP #85780D Column9 PA rct. 18639 1/9/2023 Sea Dog Marine Construction, LLC lannucci United Bank 2041 $ 600.00 GP #85939D PA rot. 18643 1/9/2023 1/9/20231 John McClure H5 Construction Services, LLC Massey Baker Truist 10325 $ 200.00 GP #85781 D PA rot. 18642 1/9/2023 STADAMS, LLC same Wells Fargo 1085 $ 400.00 GP #85957D PA rct. 18640 1/9/2023 Coastal Boat Lift Repair, LLC Dirosse First Citizens Bank 1996 $ 600.00 GP #87603D JD rct. 18742 1/9/2023 Coastal Dock Builders, LLC dames Bank of America 1049 $ 200.00 GP #85869D JD rct. 18743 1!9/2023 Dave Resource Group, Inc. Dehass Jr. United Bank 8802 $ 200.00 GP #85835D KB rct. 18952 1/9/2023 Timothy Powell Powell First Bank 9365 $ 400.00 GP #85836D KB rot. 18951 1/9/2023 Sea Do Marine Construction, LLC Bullard First Bank 2012 $ 200.00 GP #85838D KB rct. 17898 1/9/2023 Certified Construction Services, Inc. WJM Rev. Trust Lumbee Guaranty Bank 37996 $ . 200.00 GP #86850D BB rot. 178920 1/9/2023 John McClure McKenzie United Bank 2048 $ 200.00 GP #85866D Bb rct. 19852 _ 1/912023 Timothy Powell Jackson First Bank 9366 $ 200.00 GP #86837D KB rct. 17900 119/2023 Sea Dag Marine Construction, LLC Strickland First Bank 2008 $ 200.00 GP #85847D BB rct. 18700 1/9/2023 Bruce Marek, PE Bald Head Ltd. Wells Faro 2309 $ 200.00 GP #85856D Tmac rct. 17810 1/9/2023 Topsail Offshore, Inc. Forest Sound HOA Coastal Bank and Trust 1476 $ 400.00 GP #85870D IJD no 18745 1/9/2023 American Marine Construction Inc. lWilliams First Citizens Bank 89961 $ 200.00 GP #85940D TP for PA rot. 17839