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
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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 /
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INA G LD L
LC
8
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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.
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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
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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
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DCM WILMINGTON, NC
C-2 o l d LL_C.,
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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
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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:
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EIP = EXISTING IRON PIPE
ECM = EXISTING CONCRETE MONUMENT
EIS = EXISTING IRON STAKE
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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
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FOR CLARITY rOl d �•f
ONLYCAIE
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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