TG Easements 2/10/2016

IIIIII'lll IIII IIIIII'IIIIIIIIIIIIIIII 02 10 2016
B3735 P0123 10:44-24.000
Brenda M. Clemmons PROP
Brunswick County, NC Register of Deeds page 1 of 4
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NON-EXCLUSIVE EASEMENT
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS NON-EXCLUSIVE EASEMENT, made this 13th day of October, 2015, by and between The Point
OIB, LLC, a South Carolina limited liability company, hereinafter, whether one or more, referred to as "GRANTOR," and
Town of Ocean Isle Beach, a North Carolina municipal corporation, Three West Third Street, Ocean Isle Beach, NC
28469, hereinafter, whether one or more, referred to as "GRANTEE":
W ITNESSETH:
THAT WHEREAS, Grantee is undertaking a Terminal Groin Project within the Town to help control
erosion and protect waterfront lots; and
WHEREAS, in order to properly construct and complete the project, it is necessary for Grantee to
acquire certain non-exclusive easements for said project from affected property owners; and
WHEREAS, Grantor is the owner of that certain tract of land located in Ocean Isle Beach, Brunswick
County, North Carolina, as more particularly shown and described on a survey attached hereto as Exhibit A ; and
WHEREAS, Grantor acknowledges that they will also benefit from said project; and
WHEREAS, Grantee has requested and Grantor has agreed to convey the necessary non-exclusive
easement to Grantee to enable it to undertake said project;
NOW, THEREFORE, the Grantor, for a valuable consideration, including the benefits Grantor may
derive from said project, the receipt of which is hereby acknowledged, has and by these presents does give, grant,
bargain, dedicate and convey unto the Grantee and its successors and assigns an irrevocable and non -assignable
(except as specifically stated herein), non-exclusive easement and right-of-way in, on, over, through and across the land
hereinafter described for the use by the Grantee and its' representatives, agents, employees, officials, engineers,
consultants, surveyors, contractors, subcontractors, and assigns. The non-exclusive easement area shall be that
property as shown on the Survey attached hereto as Exhibit A.

02-10 2016
IIIIIIIIII III IIIIIIIIII IIIIIIIIIIIIII Brenda P01 l mm 10:44:24.000
PROP
Brunswick County, NC Register of Deeds page 2 of 4
Grantor also conveys and grants to Grantee a non-exclusive access easement across a portion of the above -
described property as specified on Exhibit A for the purpose of permitting Grantee's inspection and, if necessary,
observation, maintenance and repair of the Grantee's work and activities within the non-exclusive easement area ( the
"Non -Exclusive Access Easement"). In the event that Grantee no longer uses or needs the non-exclusive easement
areas described herein for purposes related to the Terminal Groin Project, the rights granted herein to Grantee shall
terminate and this non-exclusive easement shall be no longer of any effect.
This non-exclusive. easement is granted for the purpose of allowing Grantee to use the Non -Exclusive Easement
Area for the placement of beach compatible material, utilization of heavy machinery to place said material, construction
of the terminal groin and anchor section, and the staging and transportation of construction materials together with the
right of ingress and egress for such work. Grantee may use the Non -Exclusive Easement Area to evaluate, survey,
inspect, construct, preserve, patrol, protect, operate, maintain, repair, rehabilitate, and replace a public beach, a dune
system, and other erosion control and storm damage reduction measures including the construction of a terminal groin
and its associated shore anchorage system together with appurtenances thereto, including the right to (a) deposit sand;
(b) accomplish any alterations of contours on said land; construct berms and dunes; (c) nourish and re -nourish
periodically; (d) move, store and remove equipment and supplies during the construction phase; (e) perform any other
work necessary and incident to the construction, periodic re -nourishment and maintenance of the Project; (f) plant
vegetation on said dunes and berms; (g) erect, maintain and remove silt screens and sand fences; (h) facilitate
preservation of dunes and vegetation through the limitation of -access to dune areas; (i) trim, cut, fell, and remove from
said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the
boundaries of the Non -Exclusive Easement Area that would hinder the above described activities, and 0) removal of the
terminal groin in its entirety if directed by order of the U S Army Corps of Engineers. Grantor agrees not to convey any
other easement which would interfere with the Non -Exclusive Easement granted herein.
Grantee assures Grantor that it will contractually require all of Grantee's contractors and subcontractors to
provide and maintain liability insurance coverage to protect and indemnify Grantee and Grantor.
There is reserved, however, to the Grantor, their heirs and assigns, all such rights and privileges as may be
used without interfering with or abridging the rights and easement hereby acquired.
TO HAVE AND TO HOLD the aforesaid non-exclusive easement (including non-exclusive access easement) and
all privileges and appurtenances thereunto belonging to the Grantee and its successors and assigns for the life of the
terminal groin project. With the express written approval of the Grantor, or their heirs or successors, Grantee shall have

02-10 2016
IIIII IIIII III IIIIIIIIIIIIIIIIIIIIIIII Brend P0125 lemons PROP
PROP
Brunswick County, NC Register of Deeds page 3 of 4
the right to temporarily or permanently assign this non-exclusive easement to the federal, state or county governments,
or any agency or department thereof or any other governmental authority formed to implement beach re -nourishment or
stabilization of the beach within the Town.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to
convey this non-exclusive easement and that the property is free from encumbrances.
IN WITNESS WHEREOF, the Grantor has hereunto executed this Non -Exclusive Easement the day and year
first above written.
The Po' C
By: SEAL)
V
Hager
STATE OF SoLEEA CAROLINA
COUNTY OF C,L
I, N]A_2GR(L mra A. Hiap LL , a Notary Public of the aforesaid County and State, do hereby certify that
Tq Im 11� ")Lap.-Z . , Manager of The Point OIB, LLC, a South Carolina limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated
herein
Witness my hand and notarial seal, this A day of 6", 2015.
My commission expires:
Nofaoub#ic� _
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IIII I II II I I I I IIIII III I I I IIIII III 02 10 2016BCle24
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PBrunswick County, NC Register oDeeds page 4 of 4
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PAOIECF B; 190036 EASEMENT SURVEY FOR: J'
3.
DATE 0647-2015
TOWNSHIP: SHALLOTTE
COUNTY: BRUNSWICK
VIRGINIA ALMA WILLMMSON, TRUSTEE
I - 5� E, NC _1ar East Coast Engin g & Surveying, PCI °CREW, KS & OIB HOLDINGS .LLC
-' FB/PO: FILE ENGINEERS.ERS•SURVEYORS
TAX ID: 244LH022 •1918moh Stro01 j Pho-:910.754.8029 A PORTION OFTIIE LANDS CLAIMED INDEED BOOK 7772, PAOE994
DRAWN BY: COS ShaCo11B! Notch C—Z1. 28459 F1J11 Bc—NunJbm C-3014
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NON-EXCLUSIVE EASEMENT
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS NON-EXCLUSIVE EASEMENT, made this 17 day of August, 2015, by and between DW
Legacy Assets, LLC, and LW Legacy Assets, LLC, hereinafter, whether one or more, referred to as "GRANTOR," and
Town of Ocean Isle Beach, a North Carolina municipal corporation, Three West Third Street, Ocean Isle Beach, NC
28469, hereinafter, whether one or more, referred to as "GRANTEE":
WITNESSETH:
THAT WHEREAS, Grantee is undertaking a Terminal Groin Project within the Town to help control
erosion and protect waterfront lots; and
WHEREAS, in order to properly construct and complete the project, it is necessary for Grantee to
acquire certain non-exclusive easements for said project from affected property owners; and
WHEREAS, Grantor is the owner of those certain tracts of land located in Ocean Isle Beach, Brunswick
County, North Carolina, more particularly described as Lots 8,9,10,11,12 & 13, Block 9, Section A, as shown in Map
Cabinet H at Page 375 of the Brunswick County Registry, which property is affected by said project; and
WHEREAS, Grantor acknowledges that they will also benefit from said project; and
WHEREAS, Grantee has requested and Grantor has agreed to convey the necessary non-exclusive
easement to Grantee to enable it to undertake said project;
NOW. THEREFORE, the Grantor, for a valuable consideration, including the benefits Grantor may derive
from said project, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain,
dedicate and convey unto the Grantee and its successors and assigns a perpetual, irrevocable and non -assignable
(except as specifically stated herein), non-exclusive easement and right-of-way in, on, over, through and across the land
hereinafter described for the use by the Grantee and its' representatives, agents, employees, officials, engineers,
consultants, surveyors, contractors, subcontractors, and assigns. The non-exclusive easement area shall be all of the
nhnvP_dPsrribed orooerty. In the event that the non-exclusive easement area described herein is no longer being used
c'Zi
1
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7,15

IIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIII REZPI038 151:200:51 20.0 021
Brunswick County, NC Register of Deeds. Clemmons PROP
page 2 of 6
and deemed necessary for purposes specifically related to the Terminal Groin Project, the rights granted herein to
Grantee shall terminate and this non-exclusive easement shall be no longer of any effect.
This non-exclusive easement is granted for the purpose of allowing Grantee to use the Non -Exclusive Easement
Area for the placement of beach compatible material, utilization of heavy machinery to place said material, construction
of the terminal groin and anchor section, and the staging and transportation of construction materials together with the
right of ingress and egress for such work. Grantee may use the Non -Exclusive Easement Area to evaluate, survey,
inspect, construct, preserve, patrol, protect, operate, maintain, repair, rehabilitate, and replace a public beach, a dune
system, and other erosion control and storm damage reduction measures including the construction of a terminal groin
and its associated shore anchorage system together with appurtenances thereto, including the right to (a) deposit sand;
(b) accomplish any alterations of contours on said land; construct berms and dunes; (c) nourish and re -nourish
periodically; (d) move, store and remove equipment and supplies; (e) perform any other work necessary and incident to
the construction, periodic re -nourishment and maintenance of the Project; (f) plant vegetation on said dunes and berms;
(g) erect, maintain and remove silt screens and sand fences; (h) facilitate preservation of dunes and vegetation through
the limitation of access to dune areas; (i) trim, cut, fell, and remove from said land all trees, underbrush, debris,
obstructions, and any other vegetation, structures and obstacles within the boundaries of the Non -Exclusive Easement
Area that would hinder the above described activities, and 0) removal of the terminal groin in its entirety if directed by
order of the U S Army Corps of Engineers. Grantor agrees not to convey any other easement which would impede the
purpose of the Non -Exclusive Easement granted herein.
Grantor also conveys and grants to Grantee a non-exclusive access easement across the side setback of each
lot area of the above -described property for the purpose of permitting Grantee's inspection and, if necessary,
observation, maintenance and repair of the Grantee's work and activities within the non-exclusive easement area. In the
event that the non-exclusive easement area and/or the non-exclusive access easement described herein is no longer
being used and deemed necessary for purposes specifically related to the Terminal Groin Project, the rights granted
herein to Grantee shall terminate and this non-exclusive easement and/or the non-exclusive easement area shall be no
longer of any effect.
Grantee assures Grantor that Grantee shall contractually require all of Grantee's contractors and subcontractors
to provide and maintain full liability insurance coverage to protect and indemnify Grantee and Grantor. Grantee shall
c.�

IIIII III III III II IIII'I IIIIII II III III 10 17 20
83671 P1039 ,0-5,-2©.0.02,
mons
Brunswick County, NC Register of Deeds page Clem
of 6PROP
In the event the Terminal Groin Project permitting and Groin construction has not been initiated within two years
from the signing of this non-exclusive easement, this Agreement in its entirety shall be no longer of any effect.
There is reserved, however, to the Grantor, their heirs and assigns, all such rights and privileges as may be used
without interfering with or abridging the rights and easement hereby acquired.
TO HAVE AND TO HOLD the aforesaid non-exclusive easement (including non-exclusive access easement)
and all privileges and appurtenances thereunto belonging to the Grantee and its successors and assigns for the life of
the terminal groin project. With the express written approval of the Grantor, or their heirs or successors, Grantee shall
have the right to temporarily or permanently assign this non-exclusive easement in its entirety to the federal, state or
county governments, or any agency or department thereof or any other governmental authority formed to implement
beach re -nourishment or stabilization of the beach within the Town.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to
convey this non-exclusive easement and that the property is free from encumbrances.
IN WITNESS WHEREOF, the Grantor has hereunto executed this Non -Exclusive Easement the day and year
first above written in several counterparts, each of which shall be deemed an original, but all constituting only one
agreement.
DW Legacy Assets, LLC
(SEAL)
Manager
LW Legac Assets, LLC V_ `
g .A U)
anager

STATE OF NORTH CAROLINA
COUNTY OF
IIIII II IIIII II III III"I IIIII IIII II III 00 17 20,0
B3671 P1040 ,0-61-20.021
Brunswick County, NC Register of Deeds. Clemmons PROP
page 4 of 6
a Notary Public of the aforesaid County and State, do hereby certify that
Manager of DW Legacy Assets, LLC, a limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated herein.
Witness my hand and notarial seal, this _ day of
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF
2015.
Notary Public
1, - ` �-nn f .os , a Notary Public of the aforesaid County and State, do hereby certify that
Ni, W, II 9-,n sa , Manager of LW Legacy Assets, LLC, a limited liability company, personally appeared before
me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated herein.
Witness my hand and notarial seal, this (o lay of 4— 2015.
2
L'
l_k n �rn�o� Notary Public
My commission expires: NIb

IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII B367� �Rt00-5;-z0.021
Brunswick County, NC Register of D eds m5 of
PROP
page 5 of 6
In the event the Terminal Groin Project permitting and Groin construction has not been initiated within two years
from the signing of this non-exclusive easement, this Agreement in its entirety shall be no longer of any effect.
There is reserved, however, to the Grantor, their heirs and assigns, all such rights and privileges as may be used
without interfering with or abridging the rights and easement hereby acquired.
TO HAVE AND TO HOLD the aforesaid non-exclusive easement (including non-exclusive access easement)
and all privileges and appurtenances thereunto belonging to the Grantee and its successors and assigns for the life of
the terminal groin project. With the express written approval of the Grantor, or their heirs or successors, Grantee shall
have the right to temporarily or permanently assign this non-exclusive easement in its entirety to the federal, state or
county governments, or any agency or department thereof or any other governmental authority formed to implement
beach re -nourishment or stabilization of the beach within the Town.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to
convey this non-exclusive easement and that the property is free from encumbrances.
IN WITNESS WHEREOF, the Grantor has hereunto executed this Non -Exclusive Easement the day and year
first above written in several counterparts, each of which shall be deemed an original, but all constituting only one
agreement.
DW Lega y ss td s, C
By: t-AL)
Manager
LW Legacy Assets, LLC
By: (SEAL)
Manager

2015
STATE OF NORTH CyAR�O�LI�N1 fA� �/ II I II I I II III III I I I I II II II I III II I II III B3677 P1042 m :5s 2PROP
0.021
COUNTY OF IV%f�) i.��/ "'v`�� Brunswick County, NC Register of Deeds page 6 of 6
I, 11 Ui 0U%S , a Notary Public of the aforesaid County and State, do hereby certify that
�I�, l��Cawl Vy�IUA-;1ti5�f� Manager of DW Legacy Assets, LLC, a limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated herein.
Witness my hand and notarial seal, thisI*day of 12015.
Gurrr►uiii���i
My commission expires: I(e NOTARY
'',QN�O� F`10.CC```���
STATE OF NORTH CAROLINA l
COUNTY OF
I16MS, Notary Public
a Notary Public of the aforesaid County and State, do hereby certify that
Manager of LW Legacy Assets, LLC, a limited liability company, personally appeared before
me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated herein.
Witness my hand and notarial seal, this _ day of
My commission expires:
2015.
Notary Public