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HomeMy WebLinkAboutMaguire, John - 88977Caottour4 ❑CAMA ❑ DREDGE & FILL GENERAL PERMIT []New ❑ Modification ❑ Complete Reissue []Partial Reissue Nv 88977 A B (c -) D Previous permit Date previous permit issued 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 ° ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq nc gov/CAMArules Applicant Name Authorized Agent _.�': ? 'r•'\) 1 O11� lAV, Address Project Location (County): d�V'�E_VeA- City ! I'. y State _.1 ZIP Street Address/State Road/Lot #(s) Phone #(_) `�� A HE Email Subdivision City 3 1 L2 Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ pTS Adj. Wtr. Body ( `i S"(' (naf/ an/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Mal. Wtr. Body 1\&,,11­A k ORW: yes/no PNA: yes/no Type of Project/ Activity iir c 1 c .w yC ( e x i hC i (g) (Scale: N T S) Shoreline Length Access Length /�• u Pier (dock) length Fixed Plattorm(s) A.. L ,L ' y Floating Platform(s)TT I � Finger ier s �'• T — — - - -- ~- 4: — Total Platform area •/' Groin length/q- Bulkhead/Riprap length ='' Avg distance offshore Breakwater/Sill •� Max distance/length ) � -� �'(C'Yvl <'� Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing _ell Other1j��l }v'rvu+((Ir4t L{ - Ir -: — —SL /1 — — -- -- - — — --� • ��- - 1�' 'I t1V — --� __a ` I I 1 '•Psy ,__— _ S �,UV, �1tit ({'\OYI-J't"'CI ) ? i / SAV observed: yes no I•/� Moratorium: n/a yes no Site Photos: yes no F Riparian Waiver Attached: yes no Ti a{: tU c ) t I�I— —{�- - — — -- — — •� �(11 C.! A building permit/zoning permit may be required by: Permit ❑ 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 Signature **Please read compliance statement on back of perm Application Feels) Check A/Money Order Permit Officer's PRINTED Name Signature Issuing Date Expiration Date ❑CAMA ❑ DREDGE & FILL N9 88977 A B (C )D GENERAL PERMIT Previous permit Date previous permit issued ❑New []Modification ❑ Complete Reissue []Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC ❑ Rules attached. R General Permit Rules available at the following link: w .cleq.nc gov/CAMArules Applicant Name _ Address City Phone # (_ ) Email Authorized Agent ('1'r ProjectLocation (County): (' .V )( V (4 State ZIP i(! Street Address/State Road/Lot#(s) !1 , Subdivision City --i i Affected ❑CW ❑EW ❑PTA ❑ES ❑PTS Adj. Wtr. Body ((naan/unk) AEC(s): ❑OEA ❑IHA ❑UW SPIMA ❑PWS Closest Maj. Wtr. Body\�i''C ORW: yes/no PNA: yes/no Type of Project/ Activity (Scale: )(7) Shoreline Leneth Access Length Pier (dock) length 1 Platform(s) INFixed Platform(s) MINE 0 ■ ■ ■■�/�@�1■ ■�■ice■Floating ■Boat ■N■.■�I �91 ME Cubic yards ramp Boathouse/ Boatlift Beach Bulldozing Other ■:�i ■�■ a ®■�� , ,,,:i■ ii i■ iiniC■iii�■■ii ® ■ .C�� .® �■■■ ■■ A building permit/zoning permit may be required by: Permit Conditions ❑ 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 Agent or Applicant PRINTED Name Signature "Please read compliance statement on back of permit'* Permit Officer's PRINTED Name Signature NO Feels) Check It/Money Order Issuing Date Expiration Date N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be 'completed by owner or their agent) Name of Property Owner: Tla 0 e Z Address of Property: 333 Mailing Address of Owner: �l4os Owner's email: i k ti 5-1�6 �) C Agent's Name: D 2 Q._G �Sp t N Agent's Email: , C) �nf O d a)Q, Agent Phone#:I_$=l/� ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property, The individual applying for this permit has desg abed to me, as shown on the attached drawing, the development they are proposing. A I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 943 Washington Square Mail, Washington, NC 27889. DCM representatives can also be contacted at (252) 946.6481, No response Is considered the same as no objection if you have been notified by Certified Mall. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setbac / -OR- Signature of Adjacent Ripari Property Owner RECEIVED I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Mailing Address of ARPO: ARPO's email: Date: ARPO's Phone#: MAY 15 202? DCM-MWD CITY *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 Nf I) tadows N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: v/91-4 6 S /r;:, /Vj /9 DC, W S _ Address of Property: //6 ZeDR! e Mailing Address of Owner:'PUO/Y/4_ �rjBL'f?iI% 6747t /✓,,cs��5�//�i _ Owner's Phone#:-1=gf Agent's Name: Agent Agent's Email: _ ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying far this permit has described to me, as shown on the attached dra,.ving.:he development they are proposing. A description or drawing. with dimensions, must be provided with this letter. ^ `Z _ I DO NOT have objections to this proposal. _ I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 943 Washington Square Mall, Washington, NC 27889. DCM representatives can also be contacted at (252) 946.6481. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater. boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback �? Of gnature of Adia" cent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Mailing Address of ARPO: ARPO's email: ARPO's Phone#: RECEIVE[) IJAY 15 2M DCMI-MHD CITY Date: 'waiver is valid for up to one year from ARPO's Signature` Revised May 2021 I "M 211%-WARKAXW I NORTH CAJ?OLINI, THIS DBID, Made by Carteret ------------- of the first par), to ----- MUM M.0 ARTERET," _7 1 -774ail!i- -m-Xounly and State North - --- ----------- A.D. 61 -------- --------- ------------- TYSOR ------------ 4 - ------ ---------------- ---------- w ------------------------ --------------- a/ ------- Cajqter-�t ------- *L_!_..__ at the second part. 7 j WnwEsmn, Thai said- - ------------------------------- ----------------------- -------- �'; ...... in consideraftron Vj TEN ----- a DOLLARS ($10-00) an&other 'Valuable considerations ----- ---------- — --------------------------- — ----- m� ----------------------- .. the , L I - - ----------- IDI�Jly to. 9 --- paid bj --- the h r"'Pt 7 e f 'hick to hereby ac-kn*IVW6dd, AnXe _bargained andidd b sa, any these presents W, do % I ---------- grant, b0lgnih. IeU and convey to Al - their ------------- ------------ I ------------ - ---------- --------- - ----------------- heirs and assi 7 gns, a certain tract or parcel 'I In W_m ------------ ------------- Township - ------- d 11441 ilk CaERLiWL 7 deacr.ibed ------------ --------------------------- - - - - - - - - - - - - - - - - - - - - - - - - 77 ------- 7 ------------------------ ----------------- 7 ------ -------- --------------- ----- — ------ --------- ------ — --- — ------------ /914/04A and bounded as 1oUowj, aiz.: Lying and being fh the Subdivision Of "Yucca. Ullaielf according to the map o the same appearing of record in,;� the Office of. the Register :- er of Deeds of Carteret County Map Book #4, page 102, 'and being a Part. of Lots Numbers' One (1), Two (2) and',.Three (3), in Block IfAq,I of the Subw.', division as shown on.sa'id map, and being described particu rar as follows: .:j • BEGINNING at -4atjke in the southeast corner of Lot lo, Block "All, and running thence N. 53-15-W., for a distance of . - approximately 140 feet along the dividing line between Lot #3 and Lot #4, B16ck "A",. to a stake. in the mean higbwater mark of. th6,1.waters oflWartits Creek; running thence a general lY southwestwardlycourse along the mean higimark niater the eastern shorblirie'of Wardfs Creek to . of a Point where the meanhighwater.mark:,intersecto the north shoreline -or high-'. water mark of a'dredged canal ; running thence generally sou theastwardly. along the north shoreline. orhighwater mark of the said dredged;cana shoreline, -which I to a stake located. in the' said ine,- which stake is located at a Point which -marks the southern prolongation of the west fight -Of -way line of Oak Drive and the north shore line of -the dredged canal; running thence N.' 36-4S E. along a southern prolongat'3 on of.' the west right -of -way 'line of Oak Drive for a distanceOi approximately 60 feqt:'to the stake at the southeast corner of Lot - #is Block 114,11, which stake marks point. the beginning This conveyance includes and convey s all riparian and littoral -rights incident' to the ownership of said property as the same abuts on the eastern shoreline ,or water&. of Wardts Croak-' '• ' It is expressl y understood and agreed :howe0er that the dredged. channel lying along the south itte:of tproperty II conveyed by thisinstrument is a man-made or.unnatural channel, dedicated by this -instrument for the common and joint use of I - the property . owners of Lots 1 through by in Block 111311, and Lots 1, 2, and. 3, in Block "A", of the said Subdivision, and - that no dock,;wharft pier or other structure shall;.be built in It or along the waters -of 'saidchannel so as to. impedeor-.impair 'I the regular'and normal use of the same for water traffic. This conveyance is also made subject to the following reatra.ctiive covenants: (1) The'prope'rty, shall'be used for residential purposes only; i (2):` Any• dwelling uniterected shallcost a minimum o.f--$3,000.00; j (3) No temporary structures, tents, shacks, or trailers, shall be erected•or -permitted.to remain on the property; 7.it (4) 'Sewagedisposalshall be by standard North -Carolina• approved disposal system, and 1 (5) No noxiousoroffengive activities shall be conducted on. I - t the premises. 1 V iylt Goa �. / 1 1 i YY . 7trRx b j o fievs ♦no To Hou,the alanst ai boa or pored o/ had, and as privileges and appumen naves thereto be- ,lonotng to the Said._pasties-nE-.£ha-seeoad.--pat+t�--the3a________________»____________ 1 t rrtr3: ___________________________Mrs and aedgro, rt'i R •10 their _ oniy weandbehooJ forever j r� t ;,],t, vt. And the said PBriea sS Shli Sprat Rar4----- ---- -------------------- --- _ �- i ` v • for them __,e! yes____and their a h,in, ezeeatora and adminutraton, covenant_»___wale said •; t nar_tzea_of_the_tuecn:ad-part,--£heir----------------------- --------------------- r } - - -____—_held and iudgm, anted of quid Premiiet in �fee and ha v!'1right to wnvty in Jte e simple; that the tamare Iraq and dw e t)fs _ encumbmttcw aiii:*AN theW-___do ---- hereby Joretrer wanant and will foreow daJead the said ,. 1 tide to the tome against the claims 4 all persona whomtoeoe-- --------- ___-_____----_-----»__--__--_-- iM .._ ..________________-------------------------------------------------------------------------------- ------------ 4 - - J In Tsanxotre Wtrueor, the told_--»P_arties of tll@_Pirgt_part----- »---- ---------- ------------------------ r ha_YRhereanto act _%bnir_hands __and 1ada__. a day and y fins boos written- re G. s o ISw] o Pre) � .. - Elsie---- [SEAL] . Arrsar:. - ---- ---------[SUL] i !. I----------------------------------- -------------------------(SUL] I4 CCC(� J✓�//l/l� �/(j 1 • • I STATE OF NORTH CAROLINA, -- comfy. " 1, __----- _______ _____ ____, Clerk of the Superior Court, hereby oati(y that ---------------------------- ----- i personally appeared before me,thts ond. day arknaudedged the due exedulortaf the annexed deed o/ conveyance. , .. Let the butrument, with this oerditeme,-be ngbwa. Flaws my hand. and oaicial seal, ihis--------- __day o(------- __—___________________- A.D. Clwk Superior Court: STATE OF NORTH CAROLINA _.____Carteret'__ «,n„a Willie S "Johnson ' Notary Publto do hereby certify that ' rt9'rs''�•,t ew -- and_ - w>.P�®�,_ Elsie QI I1gys.¢� __-___ a ----------------- (Q pp,tonaU� ap eEfed ba(oro ms this dayrz and acknowledged the due execuNom of the annexed dead of cunoeyamee. I -7th "November" M1., i ' ii, hand and notarial seal (!da _ day, o A.D. /96i_ N. P. �jsm) °.,STATE OF NORTH CAROLINA County. - II " The foregoing eertifwwe o/-�: i (. a Notary PubUc of _____ __��_�.�._____._Corouy,State of North Carolina, is adiudged to be correct. Let the inatiument; with the certiflowa ;/be regktered. Wimws my hand undo , thu--- A #_day oA.D. 19 Clerk Superior Court... I - • IWAli11 � `s 1,C • Pal FOR NEGISTRATIO AT rrlO O'CLOCK M.ON 5 .DAY i 96 REGISTER OF DE S. ( . Y � I I I \ 4 I 5 1 • , i I i• sp /\ 45 k4 o 4 sq. N H 3. 3 :'. 9 O A k R c° e $ C C m C er ° d o apm p x a ti "C a w 11 eD w o fD r m 00 �a Z �• $ 8 cn o, v Cl o 00 w ro .. o x a y „ coo 7y r l ova tf w C O td Z n °o t� p 0 � z;. a3$ io o T N of W10 r Hgt. W qo w e a / �i SZZ •\ p4 �$ N ` Irl�f'w1 erg, tAW u � •. ;I !r� � �, tii ct Y ? 3 �n I� _ �I ! .j{ n ICJ `'-.Qy ✓ Ii : I y �. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to O /� (Name of Property Owner) property located a[ 7c D r } ct-t', eA \\CX K IZA a9 ��" N)C- FSS (Address, Lot, Block, Road, etc.) on l kp(rk ('A S '-k< in I Lar4a `, N.C. (Waterbody)Q(Town and/or County) He/She has described to me as shown below, the development he/she is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) e27, �•� �e`I.SDN Pnn'qor ype N� ame 2 l` Telephone Number i Date: J a a2 3 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to (Name aroperty Owner) property located (Address, Lot, Block, Road, etc.) on ( K 0 c�C�� , in CC- (Waterbody) (Town He/She has described to me as shown below, the development he/she is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) Ql�c, rQ 9 ��"sfi(��n�o ignature Print or Type Name 2a"2- ?.R8-269�F Telephone Number Date: 't4 / 9 - 962 3 /%� C) �� � 1 h J-� 1 �, L�. �ln 1 ; ti � ��=z.� ___, _. i �� � // �� �, i �__, r'- ,' � Carteret County Govt 4/26/2023 1:29:14 PM PAGE 2/002 Fax Server ADJACENT RIPARU N PROPERTY OWNER STATEMENT FOR CAIVIA MINOR PIERMITS I hereby certify that I own property adjacent oI*- - 1 (Name of Property Owoer) property located at (Address, Lot, Block, Road, Jetc.) on \ ant 1-4,S C' 'f-4 (g in - ' �t N.C. (Waterbody) (Town and/or County) He/She has described to me as shown below, the development he/she is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (ro be filled in by individual proposing development) v � J Date: L a A J AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized S �(/ 7✓ 3 �YU/oi Agent I 41 to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: x� ;t D, K at my property located at.3zo 6"'.., k in L°l��r�k "-" County. l 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. Property Owner Information: ature JQJ/-/,U INA6 rj /& 1E� Print or Type Name Title Date This certification is valid through 6) (--> I L>�) I �V7,'i PROPERTY EASEMENT AGREEMENT State of North Carolina BACKGROUND A. This Property Easement Agreement (hereinafter referred to as the "Easement') is entered into and made effective as of May 11th, 2023 (hereinafter referred to as the "Effective Date") by and between the Grantor of the Easement (hereinafter referred to as the "Grantor"), of the following address: Robert Johnson of 333 Channel Rock Road' Beaufort NC 28516 and the following Grantee of the Easement (hereinafter referred to as the "Grantee"), of the following address: JOHN MAGUIRE of 320 Channel Rock Rd Beaufort NC 28516 B. WHEREAS, the Grantor is the owner of certain real property at the following address: 333 Channel Rock Road Beaufort NC 28516 ' Said property is more fully described as follows: Lots 1,2,3,4,5,6,10,11,12 Section E Yucca Village Subdivision recorded in Map RECEIVED Book page 102 Carteret County Registry MAY i 5 2n2? C. WHEREAS, the Grantee desires to acquire certain rights in the Servient Estal d the Grantor wishes to provide those rights. '94-M1H01 i s t`v NOW, THEREFORE, in consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree as follows: 116 I. GRANT OF EASEMENT. 1. For valuable consideration, Grantor hereby grants to Grantee an easement on and across the following -described portion of the Servient Estate: 2. Attached hereto as an Exhibit is the following described document showing the location of the Easement area: Map II. CHARACTER OF EASEMENT. 3. It is the intention of the Parties that the Easement be granted appurtenant to the Dominant Estate, in that the Easement benefits the use and enjoyment of the Dominant Estate by the Grantee. III. EASEMENT PURPOSE. 4. The Easement will benefit the Grantee in the following manner: Will use the easement to install a boat dock IV. DURATION, BINDING EFFECT, AND TERMINATION. 5. This Easement shall begin on May 11th, 2023, 6. This Easement will continue until the Parties agree in writing to terminate this Agreement. 7. The Easement shall terminate if the purposes of the Easement cease to exist, are RECEIVEp abandoned by the Grantee, or become impossible to perform. 8. This Agreement is made expressly for the benefit of, and shall be binding on, the MAY 1 207a hers, personal representatives, successors in interest, and assigns of the respegy�r� MHO C,,, V. EXCLUSIVITY OF EASEMENT. 216 9. The easement, rights, and privileges granted by this Easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant. VI. GRANTOR'S RIGHTS AND DUTIES. 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this Easement for any and all purposes that do not interfere with or prevent the use by Grantee of the Easement. 11. Grantor's retained rights include, but are not limited to, the right to build and use the surface of the Easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other similar such uses. 12. The Grantor further reserves the right to dedicate all or any part of the property affected by this Easement to any city for use as a public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 13. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of the property affected by this Easement, the Grantee and its successors and assigns shall execute all instruments that may be necessary or appropriate to effectuate the dedications. VII. GRANTEE'S RIGHTS AND DUTIES. 14. Grantee shall have the duty to repair and maintain the property subject to the Easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other concurrent user. 15. Grantee shall at all times act so as to safeguard Grantor's property. 16. Grantee shall have the right to keep access to the Easement open by removing vegetation and by cutting or trimming trees or vegetation that may encroach on the easement property. 17. Grantee shall have the right to cut and trim trees or shrubbery that may encroach on the easement property. Grantee shall dispose of all cuttings and trimmings by hauling them away from the premises. ►7ECE1Ve® Vill. FAILURE TO PERFORM. MAY 15 2023 ®CA4-MHD Ciry 316 18. Should Grantee fail to perform any covenant, undertaking, or obligation arising under this Easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the Easement shall be of no further effect. 19. In such a case, within thirty days of receipt of a written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the Easement of record. 20. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the Easement to be terminated. IX. INDEMNIFICATION. 21. To the fullest extent permitted by law, Grantee shall and hereby does indemnify, defend and hold harmless Grantor, Grantor's directors, officers, employees, agents and invitees and such persons who are in privity of estate, or to whom Grantor is legally responsible, from and against any and all claims, actions, judgments, damages, liabilities, costs and expenses, including attorneys' fees, in connection with loss of life, personal injury, bodily injury or damage to property arising from or out of any occurrence relating, directly or indirectly, to any acts or omissions of Grantee, or Grantee's directors, officers, employees, agents, contractors and invitees in the exercise of any of the rights and privileges granted herein, the use of the Easement Area described herein or otherwise undertaken by Grantee within the Easement Area, or with respect to any breaches or defaults by Grantee hereunder. 22. Excluded from the foregoing indemnity are any such losses relating to personal injury, death or property damage to the extent such losses are caused by the willful act or omission of Grantor or Grantor's employees, agents, or contractors. X. ENTIRE AGREEMENT. 23. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. 24. This Agreement supersedes an PGplveo g p y prior written or oral agreements between the Parties. XI. SEVERABILITY. MAY 15 2p2,r 0CA4'MHD Cl f y 25. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 416 26. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. XII. AMENDMENT. 27. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment. XIII. GOVERNING LAW. 28. This Agreement shall be construed in accordance with the laws of the State of North Carolina. XIV. NOTICE. 29. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing. XV. WAIVER OF CONTRACTUAL RIGHTS. 30. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. IN WITNESS WHEREOF, the Parties execute the Agreement as follows: EXECUTION: RFCEIVED Robert Johrigon, Grantor �l tk J� MAY � � 2023 Date ` OCA4'&4HD CITY 5/6 JOHN MAGUIRE, Grantee Date RECEIVED MAY 16 2023 ®C'-A4HD C17'Y 616 PROPERTY EASEMENT AGREEMENT State of North Carolina BACKGROUND A. This Property Easement Agreement (hereinafter referred to as the "Easement') is entered into and made effective as of May 11th, 2023 (hereinafter referred to as the "Effective Date") by and between the Grantor of the Easement (hereinafter referred to as the "Grantor"), of the following address: James F Meadows of 116 Marsh Breeze Drive Beaufort NC 28516 and the following Grantee of the Easement (hereinafter referred to as the "Grantee"), of the following address: JOHN MAGUIRE of 320 Channel Rock Rd Beaufort NC 28516 B. WHEREAS, the Grantor is the owner of certain real property at the following address: 116 Marsh Breeze Drive Beaufort NC 28516 Said property is more fully described as follows: Lots 1,2,3,4,5,6,10,11,12 Section E Yucca Village Subdivision recorded in Map Book page 102 Carteret County Registry C. WHEREAS, the Grantee desires to acquire certain rights in the Servient Estate and the Grantor wishes to provide those rights. NOW, THEREFORE, in consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency ofir:i1=C', hereby acknowledged, the parties do contract and agree as follows: MAY i b ?023 DCM-MHD k3;HT , I. GRANT OF EASEMENT. 1. For valuable consideration, Grantor hereby grants to Grantee an easement on and across the following -described portion of the Servient Estate: 2. Attached hereto as an Exhibit is the following described document showing the location of the Easement area: Map II. CHARACTER OF EASEMENT. 3. It is the intention of the Parties that the Easement be granted appurtenant to the Dominant Estate, in that the Easement benefits the use and enjoyment of the Dominant Estate by the Grantee. III. EASEMENT PURPOSE. 4. The Easement will benefit the Grantee in the following manner: Will use the easement to install a boat dock IV. DURATION, BINDING EFFECT, AND TERMINATION. 5. This Easement shall begin on May 11th, 2023. 6. This Easement will continue until the Parties agree in writing to terminate this Agreement. 7. The Easement shall terminate if the purposes of the Easement cease to exist, are abandoned by the Grantee, or become impossible to perform. 8. This Agreement is made expressly for the benefit of, and shall be binding on, the heirs, personal representatives, successors in interest, and assigns of the respective Parties. RF'CE9VPD MAYt107� V. EXCLUSIVITY OF EASEMENT. OCft�a fFpD f t r..�, 9. The easement, rights, and privileges granted by this Easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant. VI. GRANTOR'S RIGHTS AND DUTIES. 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this Easement for any and all purposes that do not interfere with or prevent the use by Grantee of the Easement. 11. Grantor's retained rights include, but are not limited to, the right to build and use the surface of the Easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other similar such uses. 12. The Grantor further reserves the right to dedicate all or any part of the property affected by this Easement to any city for use as a public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 13. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of the property affected by this Easement, the Grantee and its successors and assigns shall execute all instruments that may be necessary or appropriate to effectuate the dedications. VII. GRANTEE'S RIGHTS AND DUTIES. 14. Grantee shall have the duty to repair and maintain the property subject to the Easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other concurrent user. 15. Grantee shall at all times act so as to safeguard Grantor's property. 16. Grantee shall have the right to keep access to the Easement open by removing vegetation and by cutting or trimming trees or vegetation that may encroach on the easement property. 17. Grantee shall have the right to cut and trim trees or shrubbery that may encroach on the easement property. Grantee shall dispose of all cuttings and trimmings by hauling them away from the premises. Vill. FAILURE TO PERFORM. "PCP1VP1D MAY 15 2023 OO44'Mj1t) ITy 18. Should Grantee fail to perform any covenant, undertaking, or obligation arising under this Easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the Easement shall be of no further effect. 19. In such a case, within thirty days of receipt of a written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the Easement of record. 20. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the Easement to be terminated. IX. INDEMNIFICATION. 21. To the fullest extent permitted by law, Grantee shall and hereby does indemnify, defend and hold harmless Grantor, Grantor's directors, officers, employees, agents and invitees and such persons who are in privity of estate, or to whom Grantor is legally responsible, from and against any and all claims, actions, judgments, damages, liabilities, costs and expenses, including attorneys' fees, in connection with loss of life, personal injury, bodily injury or damage to property arising from or out of any occurrence relating, directly or indirectly, to any acts or omissions of Grantee, or Grantee's directors, officers, employees, agents, contractors and invitees in the exercise of any of the rights and privileges granted herein, the use of the Easement Area described herein or otherwise undertaken by Grantee within the Easement Area, or with respect to any breaches or defaults by Grantee hereunder. 22. Excluded from the foregoing indemnity are any such losses relating to personal injury, death or property damage to the extent such losses are caused by the willful act or omission of Grantor or Grantor's employees, agents, or contractors. X. ENTIRE AGREEMENT. 23. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. 24. This Agreement supersedes any prior written or oral agreements between the Parties. ""' y 15 ZD23 XI. SEVERABILITY. 25. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 26. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. XII. AMENDMENT. 27. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment. XIII. GOVERNING LAW. 28. This Agreement shall be construed in accordance with the laws of the State of North Carolina. XIV. NOTICE. 29. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing. XV. WAIVER OF CONTRACTUAL RIGHTS. 30. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. IN WITNESS WHEREOF, the Parties execute the Agreement as follows: EXECUTION: -c���r I1FCtVD James F. Meadows, Grantor MAY 5 ZDZ? Date / - lu DCA4eMND OITy JOHN MAGUIRE, Grantee Date MAY t 51073 �Ct�.�j�Ci'�ITy